Energy Board Gains Stronger Consumer Powers

Full Title:
An Act Respecting the Energy Sector Consumer Advocate

Summary#

Bill 47 would replace references to the existing “Public Intervener” with an Energy Sector Consumer Advocate. It would give the Energy and Utilities Board broader powers to review consumer complaints and policies involving NB Power, and to order payments or other remedies. It would also allow refunds when fuel sellers charge more than legally allowed prices or fees.

  • The Consumer Advocate would be treated as a party in relevant Energy and Utilities Board proceedings, even without notifying the Board.
  • The Board could review complaints about NB Power policies or actions that affect consumer rights or interests.
  • The Board could order NB Power to change, create, or follow consumer policies.
  • The Board could order payments between people or organizations, including possible consumer refunds.
  • Fuel wholesalers and retailers could be ordered to reimburse customers who paid more than the legal maximum price, delivery cost, or full-service charge.
  • The bill would require the Board to approve new or changed NB Power consumer policies after April 1, 2027, unless that date is extended by regulation.

The bill does not itself set out the Consumer Advocate’s appointment process, duties, or office structure. It refers to a separate Energy Sector Consumer Advocate Act. No adopted amendment is identified in the supplied material; the first-reading HTML and PDF versions contain the same policy changes.

What it means for you#

  • Electricity customers: You could have a broader route for raising complaints about NB Power consumer policies or actions with the Energy and Utilities Board. The Board could investigate, make orders, or require payments in some cases.
  • NB Power customers: The Board could require NB Power to change or create policies dealing with consumers. The Board could also stop conduct that conflicts with those policies.
  • Gas customers and other energy consumers: The Consumer Advocate would replace the Public Intervener in relevant Board matters. The Advocate would be automatically treated as a party in matters within the Advocate’s authority.
  • Fuel customers: If a wholesaler or retailer charges more than the Board’s maximum price, delivery cost, or full-service charge, the Board could order the business to reimburse affected customers.
  • Fuel sellers: Businesses could face reimbursement orders and requirements to comply with the legal maximum prices and charges.
  • Government and the Board: The Board could start a case on its own and could also refuse to hear a submitted complaint. Regulations could add areas that the Board may review or exclude.

The bill does not clearly explain how an individual consumer would file a complaint, what evidence would be required, or how the Consumer Advocate would assist consumers.

Expenses#

The bill may create administrative and legal costs, but no total estimate is available.

  • Public costs: The Board and the Consumer Advocate may need staff and resources to review complaints, take part in proceedings, and oversee NB Power policies. No publicly available information gives a cost estimate.
  • Consumer Advocate expenses: The bill continues provisions allowing expenses incurred by the Consumer Advocate during certain Board reviews to be covered.
  • Business costs: Fuel sellers may have to issue refunds and meet Board orders. The bill does not estimate these costs.
  • NB Power costs: NB Power may need to change policies, develop new policies, or comply with payment orders. The bill does not estimate these costs.
  • Consumer savings or refunds: Some consumers could receive refunds if they were charged above the legal maximum. The amount is unknown.
  • Fees and taxes: The bill does not create a new consumer fee or tax.

Proponents' View#

No specific supporter statements were supplied. Based on the bill’s text, possible arguments in favour include:

  • The bill appears intended to give consumers a stronger voice in energy-sector proceedings.
  • Treating the Consumer Advocate as a party could allow consumer interests to be represented in relevant Board cases without requiring separate intervention in each case.
  • Broader Board oversight could provide a way to address NB Power policies or actions that affect consumer rights.
  • The power to order refunds could help return money to customers who were charged above legal fuel price limits.
  • Requiring Board approval for new or changed NB Power consumer policies could provide more independent oversight.

Opponents' View#

No specific critic statements were supplied. Possible concerns based on the bill’s design include:

  • The bill gives the Board broad powers to order NB Power to create or change consumer policies and to make other orders the Board considers appropriate.
  • The Board may refuse to hear a complaint, but the bill does not explain the standards or appeal process for that decision.
  • Several important details would be left to future regulations, including which complaints the Board may hear and which matters are excluded.
  • The bill does not provide an estimate of the added costs for the Board, the Consumer Advocate, NB Power, or fuel sellers.
  • The bill assumes that a separate Energy Sector Consumer Advocate Act will establish the Advocate’s role, but that Act is not included in the supplied material.
  • It is unclear how quickly consumers would receive refunds, how affected customers would be identified, and whether businesses could recover related costs.