BILL NO. 232
2nd Session, 63rd General Assembly
69 Elizabeth II, 2020
CHAPTER 9 OF THE ACTS OF 2020
The Honourable Derek Mombourquette
Minister of Energy and Mines
First Reading: February 26, 2020 (LINK TO BILL AS INTRODUCED)
Second Reading: February 27, 2020
Third Reading: March 5, 2020
Royal Assent: March 10, 2020
Be it enacted by the Governor and Assembly as follows:
1 (1) Subsection 4B(1) of Chapter 25, as enacted by Chapter 14 of the Acts of 2010 and amended by Chapter 31 of the Acts of 2015, is further amended by
(a) striking out "or" at the end of clause (c);
(b) striking out the comma at the end of clause (d) and substituting "; or"; and
(c) adding immediately after clause (d) the following clause:
(e) the Governor in Council directs a procurement of renewable low-impact electricity in relation to a program established pursuant to Section 4BA,
(2) Section 4B of Chapter 25, as enacted by Chapter 14 of the Acts of 2010 and amended by Chapter 31 of the Acts of 2015, is further amended by adding immediately after subsection (1) the following subsection:
(1A) A Procurement Administrator appointed under subsection (1) may not be a civil servant employed by the Government at the time of the appointment.
2 Chapter 25 of the Acts of 2004 is further amended by adding immediately after Section 4B the following Section:
4BA (1) In this Section,
(a) "participant" means a prescribed person or entity who is authorized to take part in the program referred to in subsection (2);
(b) "supplier" means a prescribed person or entity who is authorized to supply renewable low-impact electricity.
(2) The Minister shall develop and maintain a program that will procure renewable low-impact electricity, provided by a supplier, for participants to replace the participants' non-renewable electricity supply at a rate structure set out in the regulations.
(3) A participant may apply to the Minister to take part in the program referred to in subsection (2) by submitting an expression-of-interest application in the form and in accordance with the procedure set out in the regulations.
(4) The Governor in Council may make regulations respecting any aspect of a program developed or maintained under subsection (2), including
(a) program requirements, conditions and limitations;
(b) participant eligibility requirements;
(c) supplier eligibility requirements;
(d) the form and information required for an expression-of-interest application;
(e) expression-of-interest application processes and fees;
(f) responsibilities of the Minister with respect to receiving and evaluating expression-of-interest applications;
(g) the amount and type of renewable low-impact electricity that may be procured;
(h) the percentage of renewable low-impact electricity that may be procured based on the participant's non-renewable electricity load;
(i) the content and requirements respecting contracts between a public utility and a participant and a supplier;
(j) the process, requirements and limitations with respect to a public utility developing and filing a rate structure for the program with the Board;
(k) what the Board must consider when reviewing and approving a rate structure for the program;
(l) forms or agreements associated with the program;
(m) obligations relating to data collection, reporting and the sharing of information;
(n) policies and guidelines;
(o) enforcement measures and mechanisms;
(p) costs, fees and penalties;
(q) how electricity procured under the program meets renewable electricity standards;
(r) the prescribing of anything that is to be prescribed pursuant to this Section;
(s) any other matter the Governor in Council considers necessary or advisable for the proper administration of the program.
(5) The exercise by the Governor in Council of the authority contained in subsection (4) is a regulation within the meaning of the Regulations Act.
3 Chapter 25 is further amended by adding immediately after Section 4E the following Section:
4F (1) The Minister may, in writing, delegate to an employee of the Department of Energy and Mines, who, in the Minister's opinion, has the requisite qualifications and experience, any power or duty conferred or imposed on the Minister under this Act.
(2) Where the Minister delegates a power or duty under subsection (1), the Minister may prescribe how the power or duty is to be exercised or performed and impose any requirements in relation to or restrictions on the exercise or performance of the power or duty that the Minister considers appropriate.
(3) The Minister may revoke or revise a delegation made under subsection (1).
4 Subsection 5(1) of Chapter 25, as amended by Chapter 14 of the Acts of 2010, Chapter 15 of the Acts of 2011, Chapter 34 of the Acts of 2013 and Chapter 31 of the Acts of 2015, is further amended by striking out the period at the end of clause (cc) and substituting a semicolon.
5 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
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