BILL NO. 14

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001

Government Bill

Energy Resources Conservation Act
and Pipeline Act
(amended)

The Honourable Gordon D. Balser
Minister responsible for the Petroleum Directorate

First Reading: April 3, 2001

(Explanatory Notes)

Second Reading: May 25, 2001

Third Reading: June 1, 2001

Clauses 1 to 9 amend the Energy Resources Conservation Act to repeal the Energy Board, remove all references in the Act to the Energy Board and assign the duties and responsibilities of the Energy Board under the Act to the Minister responsible for the Act. Subclause 3(2) amends the Energy Resources Conservation Act to permit the Minister to establish advisory and ad hoc committees and retain experts.

Clause 10 provides that no action for damages lies against the former Energy Board or the members of the Board in respect of anything done or omitted to be done in good faith under the Energy Resources Conservation Act before the coming into force of this Act.

Clause 11 provides that a reference in any rule, order, regulation, by-law, ordinance or proceeding or in any document to the Energy Board shall be construed to be a reference to the Minister.

Clauses 12 and 13 amend the Pipeline Act to replace the Energy Board with the Utility and Review Board.

Clause 14 provides that no action for damages lies against the former Energy Board or the members of the Board in respect of anything done or omitted to be done in good faith under the Pipeline Act before the coming into force of this Act.<

Be it enacted by the Governor and Assembly as follows:

1 Clause 2(a) of Chapter 147 of the Revised Statutes, 1989, the Energy Resources Conservation Act, is repealed.

2 Sections 6 to 10 of Chapter 147 are repealed.

3 (1) Subsection 12(1) of Chapter 147 is amended by

(a) striking out "Energy Board" in the second and in the fourth lines and substituting in each case "Minister"; and

(b) striking out "it" in the third line and substituting "the Minister".

(2) Subsection 12(2) of Chapter 147 is repealed and the following subsection substituted:

(2) The Minister may

(a) establish advisory and ad hoc committees and retain experts to report to the Minister with respect to

(i) the content and administration of this Act,

(ii) any policies, programs, standards, guidelines, objectives, codes of practice, directives, approval processes or other matters under the administration of the Minister;

(b) specify the function that the committees and experts are to perform, including the seeking of input from the public and the manner and time period in which those functions are to be performed;

(c) provide for the remuneration of and payment of expenses to experts, witnesses and members of committees;

(d) provide for the issue of summonses requiring the attendance of witnesses, the production of documents and things and the payment of fees to witnesses.

4 Section 13 of Chapter 147 is repealed.

5 (1) Subsection 14(1) of Chapter 147 is amended by striking out "Energy Board" in the first line and substituting "Minister".

(2) Subsections 14(2) and (3) of Chapter 147 are repealed.

6 Sections 15 to 28 of Chapter 147 are repealed and the following Section substituted:

15 No action for damages lies against the Minister, a person directed by the Minister or a person appointed by the Minister pursuant to subsection 12(2) for an act or thing done or omitted to be done in good faith pursuant to this Act or any enactment.

7 Subsection 29(1) of Chapter 147, as amended by Chapter 12 of the Acts of 2000, is further amended by

(a) repealing clauses (a) to (f);

(b) striking out "members of the Energy Board" in the second line of clause (g) and substituting "the Minister";

(c) striking out "Energy Board" in the last line of clause (g) and substituting "Minister";

(d) repealing clause (h);

(e) striking out "Energy Board" in the last line of clause (j) and substituting "Minister";

(f) striking out "Energy Board" in the last line of clause (k) and substituting "Minister";

(g) striking out "Energy Board" in the fourth line of clause (q) and substituting "Minister"; and

(h) striking out "Energy Board" in the first and second lines of clause (t) and substituting "Minister".

8 Section 30 of Chapter 147 is amended by

(a) striking out "a member of the Energy Board" in the second line and substituting "the Minister"; and

(b) striking out "Energy Board" in the third line and substituting "Minister".

9 Clause 32(1)(c) of Chapter 147 is amended by striking out "Energy Board" in the second line and substituting "Minister".

10 No action for damages lies against the former Energy Board, the members of the former Energy Board or any person directed by the former Energy Board in respect of anything done or omitted to be done in good faith pursuant to Chapter 147 or any enactment before the coming into force of this Act.

11 A reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to the Energy Board shall, as regards any subsequent transaction, matter or thing, be held and construed to be a reference to the Minister.

12 Clause 3(1)(a) of Chapter 345 of the Revised Statutes, 1989, the Pipeline Act, is repealed and the following clause substituted:

(a) "Board" means the Nova Scotia Utility and Review Board established pursuant to the Utility and Review Board Act;

13 Chapter 345, as amended by Chapter 12 of the Acts of 2000, is further amended by striking out "Energy Board" wherever it appears in Chapter 345, except in clause 24(5)(b), and substituting in each case "Board".

14 No action for damages lies against the former Energy Board, the members of the former Energy Board or any person directed by the former Energy Board to conduct operations pursuant to Section 24 of Chapter 345 in respect of anything done or omitted to be done in good faith pursuant to that Section or a direction of the former Energy Board before the coming into force of this Act.