Energy regulator gains consumer powers

Summary#

Bill 47, An Act Respecting the Energy Sector Consumer Advocate, would amend four existing New Brunswick laws: the Energy and Utilities Board Act, Gas Distribution Act, 1999, Electricity Act and Petroleum Products Pricing Act. Its stated goal is not set out in the supplied text; the bill refers to a Consumer Advocate appointed under a separate Act, but does not include that Act. It is at first reading and is not law; its provisions would start on dates set by proclamation.

  • The Energy and Utilities Board (EUB) would gain authority over consumer-related policies and complaints involving the electricity Corporation, including power to require policy changes, stop conduct that breaches those policies, and order payments.
  • After the date set in the bill, the electricity Corporation would need EUB approval to adopt or change a consumer-related policy. Policies filed with the EUB and in force before April 1, 2027, would be deemed approved; the date could be extended by regulation.
  • The EUB could start an inquiry on its own, but could also refuse to hear a submitted complaint. Its new electricity-related powers would have limits, including matters already under other parts of the Electricity Act or its regulations.
  • The Consumer Advocate would replace the Public Intervener in specified laws and, for matters within the Advocate’s jurisdiction, be treated as a party to all EUB proceedings—even without notifying the Board of an intention to take part.
  • The EUB could order payments between people under the Energy and Utilities Board Act and the Gas Distribution Act, 1999. For petroleum-price violations, it would have to order compliance with maximum prices or charges, and could order reimbursement to people charged too much.

What it means for you#

  • Electricity consumers: The EUB could hear certain questions or complaints about consumer-related policies or actions affecting consumer rights or interests. This does not guarantee a hearing: the Board may refuse a complaint, and some matters are excluded.
  • The electricity Corporation: It would have to obtain EUB approval for new or changed consumer-related policies after the specified date. The EUB could require it to change or replace policies, follow them, stop conduct that breaches them, or develop a policy.
  • People charged above petroleum price limits: The EUB could order a wholesaler or retailer to reimburse you after an investigation. The bill does not make reimbursement automatic.
  • Other people or organizations before the EUB: The bill would let the Board order one person to pay another in specified laws. The supplied text does not set a standard payment amount.
  • The Consumer Advocate: The bill gives the Advocate a formal role in EUB proceedings within the Advocate’s jurisdiction. It does not set out the Advocate’s appointment, duties or operating process.

Money#

No cost estimate is available in the supplied material.

  • The bill gives the EUB new powers to order payments and allows reimbursement for certain petroleum overcharges; it does not set a general payment amount.
  • It refers to expenses incurred by the Consumer Advocate for certain EUB reviews. No estimate of those expenses, staffing, or the Advocate’s overall funding is provided.
  • No publicly available information in the supplied material identifies other public, business or compliance costs.

What is unclear#

  • The separate Energy Sector Consumer Advocate Act is not included. The Advocate’s appointment, jurisdiction, duties and funding therefore cannot be verified.
  • “Consumer-related policy” is not defined in the supplied bill text.
  • The bill does not set complaint procedures, timelines, appeal routes or reporting requirements. It also does not explain how the EUB would use its broad powers in practice.
  • The scope of the excluded matters and any additional situations set by regulation is not yet known.
  • The bill does not say when its provisions would start; commencement depends on proclamation. It also allows the deadline for deeming existing policies approved to be extended by regulation.

Case for#

  • The bill appears intended to give the EUB a direct role in certain consumer questions about electricity policies and conduct.
  • The Board’s powers to require policy changes, compliance or payments could provide ways to address consumer-related problems, rather than only identify them.
  • Treating the Consumer Advocate as a party in relevant proceedings could help ensure consumer interests are represented, even if the Advocate has not separately notified the Board.
  • The petroleum provisions would allow people charged above Board-set limits to be reimbursed if the EUB orders it.

Case against#

  • The EUB’s electricity powers are broad, including power to make any other order it considers appropriate. The bill does not set detailed standards for how those powers should be used.
  • The Board may refuse to hear a submitted complaint, and the bill does not explain how it would decide whether to do so.
  • Existing electricity policies in force on the specified date would be deemed approved. The bill does not require the EUB to review them before that approval takes effect.
  • The Advocate’s role and costs are hard to assess without the separate Act and funding details.