The following definitions apply in this Act.
“Board” means the New Brunswick Energy or Utilities Board continued under section 3 of the Energy and Utilities Board Act.(Commission)
“consumer” means a residential consumer or small business consumer.(consommateur)
“Consumer Advocate” means the Energy Sector Consumer Advocate appointed under section 3.(défenseur)
“direct expenses” means the expenses incurred by the Consumer Advocate in a proceeding before the Board, including all costs and disbursements incurred with respect to consultants, witnesses and the appeal or review of a Board decision.(dépenses directes)
“gas” means gas as defined in the Gas Distribution Act, 1999.(gaz)
“Minister” means the Minister of Energy and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“operating expenses” means the expenses incurred by the Consumer Advocate that are not direct expenses and includes the following: (dépenses de fonctionnement)
(a) the cost of the Consumer Advocate’s salary, benefits and expenses; and
(b) the cost of the salary, benefits and expenses of any other person employed in the Office of the Energy Sector Consumer Advocate.
“petroleum product” means a petroleum product as defined in the Petroleum Products Pricing Act.(produit pétrolier)
“regulated entity” means(entité réglementée)
(a) a retailer as defined in the Petroleum Products Pricing Act,
(b) a wholesaler as defined in the Petroleum Products Pricing Act,
(c) a gas distributor as defined in the Gas Distribution Act, 1999, and
(d) the New Brunswick Power Corporation.
“residential consumer” means a residential consumer as defined in the regulations.(consommateur résidentiel)
“small business” means a small business as defined in the regulations. (petite entreprise)
There shall be an Office of the Energy Sector Consumer Advocate that has the following responsibilities:
(a) to advocate on behalf of consumers in proceedings before the Board;
(b) to assist consumers of electricity, gas or petroleum products; and
(c) to promote energy literacy in the Province.
Before an appointment is made under subsection (1), a nominating committee shall be established in order to identify individuals as candidates for the office of Consumer Advocate.
The nominating committee shall consist of
(a) the Deputy Minister of Energy or a person designated by the Deputy Minister of Energy,
(b) the Deputy Minister of Justice and Public Safety or a person designated by the Deputy Minister of Justice and Public Safety,
(c) the Deputy Minister of Finance and Treasury Board or a person designated by the Deputy Minister of Finance and Treasury Board, and
(d) any other person prescribed by regulation.
In the exercise of its responsibilities, the nominating committee shall
(a) engage a recruiting firm to identify potential candidates,
(b) use a merit-based and objective approach,
(c) ensure that candidates have the necessary skills and qualifications to perform the duties of the office of Consumer Advocate,
(d) provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes, and
(e) comply with any other requirement prescribed by regulation.
At the time nominations are made, the nominating committee shall advise the Lieutenant-Governor in Council of the following:
(a) the skills and qualifications required to perform the duties of the office of Consumer Advocate; and
(b) its comments and recommendations pertaining to the candidates.
The nominating committee may make a recommendation to the Lieutenant-Governor in Council concerning the reappointment of the Consumer Advocate, but the Lieutenant-Governor in Council is not bound by the recommendation.
The nominating committee shall make recommendations under subsection (7) within a reasonable period of time before the expiry of the Consumer Advocate’s term of office.
When the Consumer Advocate is not reappointed on time, the Consumer Advocate’s subsequent reappointment shall be deemed to have taken effect immediately after the expiry of the Consumer Advocate’s term of office.
The Consumer Advocate shall hold office during good behaviour for a term of no more than five years.
The Consumer Advocate shall be eligible for reappointment for additional terms for a maximum of five years each term, but in no case shall the Consumer Advocate hold office for more than a total of ten years, including as an acting Consumer Advocate.
Subject to subsection (5), the Consumer Advocate shall hold office until the earliest of the following events:
(a) the Consumer Advocate’s resignation;
(b) the Consumer Advocate’s incapacity;
(c) the expiry of the Consumer Advocate’s term of office; and
(d) the Consumer Advocate’s retirement.
Despite subsection (2) and paragraph (3)(c), when the term of office of the Consumer Advocate expires, the Consumer Advocate shall continue in office until the Consumer Advocate is reappointed, until a successor is appointed or until 12 months have elapsed since the expiry of the Consumer Advocate’s term, whichever occurs first.
The appointment of the Consumer Advocate may be revoked by the Lieutenant-Governor in Council for cause.
Disclosure by the Consumer Advocate of information that the Consumer Advocate is required to keep confidential under this Act or any other Act shall be grounds for removal from office.
Before taking office, the Consumer Advocate shall take the following oath or affirmation before a person authorized to administer it:
The Consumer Advocate may resign from office by notice in writing addressed to the Minister.
When the office of Consumer Advocate becomes vacant, the Lieutenant-Governor in Council may appoint an acting Consumer Advocate whose appointment expires when a new Consumer Advocate is appointed under section 3.
In the case of the temporary absence, illness or incapacity to act of the Consumer Advocate, the Lieutenant-Governor in Council may appoint an acting Consumer Advocate whose appointment comes to an end when the Consumer Advocate is again able to act or when the office becomes vacant.
When the appointment of an acting Consumer Advocate expires under subsection (1) or (2), the acting Consumer Advocate shall continue in office and carry out and complete the duties and responsibilities and exercise any powers in connection with any matter in which the acting Consumer Advocate intervened in a proceeding before the Board or within a 12-month period, whichever occurs first.
An acting Consumer Advocate, while in office, has the powers and duties of the Consumer Advocate and shall be paid the salary or other remuneration and expenses fixed by the Lieutenant-Governor in Council.
The Lieutenant-Governor in Council shall determine the remuneration and benefits of the Consumer Advocate and shall fix the rate for reimbursement of expenses incurred for the efficient carrying out of the Consumer Advocate’s duties and functions under this Act or any other Act.
The pension plan converted to a shared risk plan in accordance An Act Respecting Public Service Pensions with applies to the Consumer Advocate.
The Consumer Advocate is eligible to participate in any employee benefit program established by the Treasury Board.
The Civil Service Act does not apply to the Consumer Advocate.
The Consumer Advocate shall exercise the powers and perform the duties conferred or imposed on the Consumer Advocate under this or any other Act or the regulations under this or any other Act.
In exercising the powers and performing the duties of the Consumer Advocate, the Consumer Advocate may do the following:
(a) inform and promote an awareness with respect to questions related to electricity or gas distribution or petroleum products pricing;
(b) provide information with respect to electricity or gas distribution or petroleum products pricing;
(c) receive and review any questions or complaints from consumers that are within the jurisdiction or powers of the Board to determine under any one of the following Acts:
(i) the Electricity Act;
(ii) the Gas Distribution Act, 1999; and
(iii) the Petroleum Products Pricing Act;
(d) receive and review any questions or complaints from a consumer pertaining to a person referred to in paragraph (b) of the definition “public utility” in section 53 of the Energy and Utilities Board Act that are within the jurisdiction or powers of the Board to determine under Part 3 of that Act;
(e) attempt to resolve any questions or complaints that the Consumer Advocate receives, including when the Consumer Advocate acts as an intermediary between consumers and regulated entities;
(f) if a question or complaint that is received is not resolved to the satisfaction of the Consumer Advocate and the Consumer Advocate is satisfied that the consumer did their best to resolve it, the Consumer Advocate may refer the question or complaint to the Board to consider and determine;
(g) intervene in any proceeding before the Board under this section and, when intervening, advocate on behalf of the consumer who raised the question or complaint by making the representations that the Consumer Advocate considers to be in the interest of that consumer; and
(h) exercise the powers and perform the duties that are prescribed by regulation.
In a proceeding under paragraph (2)(g), the Consumer Advocate may only advocate on behalf of the consumer who raised the question or complaint.
The Consumer Advocate shall intervene in a proceeding of the Board initiated under any of the following Acts and, when intervening, shall make those representations that the Consumer Advocate considers to be in the interest of residential consumers, small business consumers or both, as the case may be:
(a) the Electricity Act;
(b) the Gas Distribution Act, 1999;
(c) the Petroleum Products Pricing Act;
(d) the Pipeline Act, 2005; and
(e) any other Act prescribed by regulation.
The Consumer Advocate may intervene in a proceeding before the Board under any Act not listed in subsection (4) and, when intervening, shall make those representations that the Consumer Advocate considers to be in the interest of residential consumers, small business consumers or both, as the case may be.
The Advocate shall intervene in any proceeding of the Board that the Lieutenant-Governor in Council requires.
During a proceeding of the Board under subsection (4), the Consumer Advocate shall advocate on behalf of residential consumers, small business consumers or both, as the case may be, and shall not represent the interests of nor advocate on behalf of any other party to the proceeding, a single consumer, a consumer who represents a class of consumers other than the class for which the Consumer Advocate is advocating for in the proceeding, a government department or agency or other interested group.
The Consumer Advocate and the other parties to the proceeding, subject to the approval of the Board and in accordance with the processes and procedures established by the Board, may agree to a settlement.
During a proceeding of the Board, the Consumer Advocate may present evidence, call witnesses, cross-examine witnesses and make submissions and representations to the Board.
The Consumer Advocate who under section 14 delegates their power to advocate on behalf of residential consumers or small business consumers may, conjointly with the delegate, present evidence, call witnesses, cross-examine witnesses and make submissions and representations during a proceeding of the Board on the condition that both the Consumer Advocate and the delegate determine that it is in the interest of the consumer on behalf of whom they each represent to proceed in this manner.
The Consumer Advocate may, in the discretion of the Consumer Advocate, refuse to examine a question or complaint in the following circumstances:
(a) the question or complaint is, in the opinion of the Consumer Advocate, trivial, frivolous, vexatious or not made in good faith;
(b) the question or complaint is not within the jurisdiction of the Consumer Advocate under this Act or any other Act;
(c) a remedy already exists to address the question or complaint; and
(d) the Consumer Advocate is satisfied that to examine the question or complaint is not in the public interest.
Every decision of the Consumer Advocate not to examine a question or complaint or not to refer the question or complaint to the Board is final and may not be questioned or reviewed in any court.
The Board has exclusive jurisdiction to hear and determine all questions or complaints that are referred to it arising out of the application of this Act and may, at its discretion, refuse to consider a question or complaint referred to it.
On hearing and determining any question or complaint referred to it under this Act, the Board may make any order, on the terms the Board considers fit, including an order to pay any amount determined by the Board.
The Board may award costs on hearing and determining any question or complaint under this section.
Subject to the maximum number of employees of the Office of the Energy Sector Consumer Advocate prescribed by regulation, if any, the Consumer Advocate shall appoint the employees of the Office of the Energy Sector Consumer Advocate that the Consumer Advocate considers necessary for the efficient carrying out of the Consumer Advocate’s duties and functions under this Act or any other Act.
The Consumer Advocate shall ensure that employees are appointed to their positions on the basis of merit.
The remuneration and other conditions of employment of the employees of the Office of the Energy Sector Consumer Advocate shall be determined by the Consumer Advocate.
The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to employees of the Office of the Energy Sector Consumer Advocate.
Despite sections 5 and 6 of the Financial Administration Act, an employee of the Office of the Energy Sector Consumer Advocate may participate in any employee benefit program established by the Treasury Board.
Before carrying out any duties and functions under this Act, a person appointed under subsection (1) shall take an oath or affirmation, before a person authorized to administer it, that the person will not disclose any information that is received under this Act or any other Act, except for the purpose of giving effect to and in compliance with this Act or any other Act.
The Consumer Advocate may contract for the professional services, for limited periods of time or in respect of particular matters, that the Consumer Advocate considers necessary to perform the Consumers Advocate’s duties or carry out the Consumer Advocate’s functions under this Act or any other Act.
The Civil Service Act does not apply to the employees of the Office of the Energy Sector Consumer Advocate.
The Consumer Advocate may delegate in writing to any person any power conferred or imposed on the Consumer Advocate under this or any other Act, except the power of delegation, the power to refer a question or complaint to the Board and the power to prepare reports under this Act or any other Act.
Despite subsection (1), if the Consumer Advocate is in a conflict of interest with respect to a question, complaint or other matter submitted to the Consumer Advocate, the Consumer Advocate may delegate in writing to any person any power conferred on or duty imposed on the Consumer Advocate under this Act or any other Act with respect to that question, complaint or other matter, including the power to refer the question, complaint or other matter before the Board, but not the power to delegate.
A delegate under this section shall comply with the terms and conditions of the delegation.
The following persons shall keep confidential all information and any matter that come to their knowledge in the exercise of their powers and duties under this Act or any other Act, unless required to disclose it by law or in furtherance of the Consumer Advocate’s mandate under this Act or any other Act:
(a) the Consumer Advocate or a former Consumer Advocate;
(b) an employee or a former employee of the Office of the Energy Sector Consumer Advocate; and
(c) any person appointed to assist the Consumer Advocate under a contract for professional services.
Failure to comply with subsection (1) by a person employed in the Office of the Energy Sector Consumer Advocate is sufficient grounds for dismissal or other disciplinary action as the Consumer Advocate considers appropriate.
The head office of the Office of the Energy Sector Consumer Advocate is at The City of Saint John.
The fiscal year of the Office of the Energy Sector Consumer Advocate ends on March 31 of each year.
Subject to subsection (2), not later than September 1, 2026, the Minister shall submit to the Board a budget of projected operating expenses and direct expenses for the balance of the fiscal year.
On the recommendation of the Minister, the Lieutenant-Governor in Council may extend the time for the submission of the budget referred to in subsection (1) by setting a new deadline, prescribed by regulation, for its submission.
Not later than January 15 of each year, the Consumer Advocate shall submit to the Minister for approval a budget of projected operating expenses and direct expenses for the next fiscal year.
Subject to subsection (3), not later than February 15 of each year, the Minister shall approve or reject the budget and forward a copy of it to the Board.
When approving the budget, the Minister may make those changes to the budget that the Minister considers appropriate.
If the Minister does not make a determination under subsection (2) on or before the date set, the budget shall be deemed to be approved after that date.
The following definitions apply in this section.
“attributable expenses” means direct expenses, other than non-attributable expenses, incurred in relation to a proceeding commenced by a person, a public utility, the New Brunswick Power Corporation or the Board.(dépenses imputables)
“public utility” means a public utility as defined in section 53 of the Energy and Utilities Board Act.(entreprise de services publics)
With respect to the amount of budgeted operating expenses and direct expenses in the next fiscal year,
(a) an amount equal to the total amount of those expense shall be collected by the Board and remitted to the Office of the Energy Sector Consumer Advocate,
(b) the amount of operating expenses and attributable expenses shall be included in the annual expenses for the Board for the purposes of assessment under section 50 of the Energy and Utilities Board Act,
(c) an amount equal to the amount of operating expenses shall be assessed under that section as common expenses,
(d) an amount equal to the amount of attributable expenses shall be assessed under that section as direct expenses, and
(e) an amount equal to the amount of non-attributable expenses shall be paid out of the levy collected under section 26 of the Petroleum Products Pricing Act.
If the amount remitted to the Office of the Energy Sector Consumer Advocate for a fiscal year is more than the actual operating expenses or direct expenses, as the case may be, for that fiscal year, the surplus shall be deducted from the amount included in operating expenses or direct expenses, as the case may be, in the budget submitted by the Consumer Advocate for the following fiscal year.
If the amount remitted to the Office of the Energy Sector Consumer Advocate for a fiscal year is less than the actual operating expenses or direct expenses, as the case may be, for that fiscal year, the Consumer Advocate may submit to the Minister for approval a budget of projected operating expenses or direct expenses, as the case may be, for the balance of that fiscal year.
Subject to subsection (6), no later than ten days after receiving the budget under paragraph (4), the Minister shall approve or reject the budget and send a copy of it to the Board.
When approving the budget under paragraph (4), the Minister may make those changes to the budget that the Minister considers appropriate.
If the Minister does not make a determination under subsection (5) on or before the date set, the budget shall be deemed to be approved after that date.
Subsection (2) applies, with the necessary modifications, to the projected operating expenses and direct expenses for the balance of the fiscal year.
For the purposes of paragraph (2)(b), the amount of operating expenses and non-attributable expenses shall be included in the annual expenses for the Board for the purposes of an additional assessment under section 50 of the Energy and Utilities Board Act.
This section applies, with the necessary modifications, to an initial budget submitted to the Board under section 18.
The Consumer Advocate shall submit to the Board a statement of account of all direct expenses incurred in relation to a Board proceeding at the following times:
(a) within 30 days after the end of each quarter of a fiscal year;
(b) within 60 days after the conclusion of the proceeding; and
(c) at any other time the Board considers appropriate.
The Consumer Advocate shall provide the Board with any additional information that it requires for the purpose of an assessment or an additional assessment under section 50 of the Energy and Utilities Board Act.
The Consumer Advocate shall appoint an auditor to audit the accounts and financial transactions of the Office of the Energy Sector Consumer Advocate for each fiscal year.
The Consumer Advocate shall submit to the Minister a copy of the auditor’s report within three months of the end of the fiscal year and shall publish it on the website of the Office of the Energy Sector Consumer Advocate no later than 30 days after the report is submitted.
Within three months after the end of each fiscal year, the Consumer Advocate shall prepare and submit an annual report to the Minister in which is set out a description of the activities of the Office of the Energy Sector Consumer Advocate during the previous fiscal year and any information prescribed by regulation, and the Consumer Advocate shall send a copy to the Board.
The Minister shall lay the annual report before the Legislative Assembly within ten days after receiving it or, if it is not sitting, file a copy of the annual report with the Clerk of the Legislative Assembly.
Within 30 days after the annual report is laid before the Legislative Assembly or filed with the Clerk of the Legislative Assembly, as the case may be, the Consumer Advocate shall publish a copy of the annual report on the website of the Office of the Energy Sector Consumer Advocate.
No action, application or other proceeding lies or shall be instituted against any of the following persons for anything done or purported to be done in good faith or anything omitted in good faith in the execution or intended execution of their powers or duties under this Act or any other Act or the regulations under this or any other Act:
(a) the Consumer Advocate or a former Consumer Advocate;
(b) an employee or a former employee of the Office of the Energy Sector Consumer Advocate;
(c) any person appointment under this Act; and
The following persons shall be indemnified against all costs, charges and expenses incurred by them in relation to any action or other proceeding brought or prosecuted against them in connection with the duties of the person and with respect to all other costs, charges and expenses that the person incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default:
(a) the Consumer Advocate or a former Consumer Advocate;
(b) an employee or a former employee of the Office of the Energy Sector Consumer Advocate;
(c) any person appointment under this Act;
(e) the heirs and legal representatives of the persons referred to in this section.
The Minister shall administer this Act and may designate persons to act on behalf of the Minister.
The Lieutenant-Governor in Council may make regulations
(a) defining “residential consumer”, “small business consumer” and any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(b) prescribing the persons for the purposes of paragraph 3(3)(d);
(c) respecting the nomination process provided for in subsection 3(4), including the recruitment, assessment and selection processes, the qualifications and skill requirements for nominees and the process for further nominations in the event of the rejection of nominees, and prescribing the requirements for the purposes of paragraph 3(4)(e);
(d) setting out the powers and duties of the Consumer Advocate for the purposes of subsection 9(2);
(e) prescribing the Acts for the purposes of paragraph 9(4)(e);
(f) prescribing the circumstances that give rise to a conflict of interest;
(g) prescribing the maximum number of employees for the Office of the Energy Sector Consumer Advocate for the purposes of subsection 13(1);
(h) prescribing a date subsequent to the date for the submission of the initial budget for the purposes of subsection 18(2);
(i) prescribing information for the purposes of an annual report for the purposes of subsection 24(1);
(j) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.