1. These Terms and Conditions (the “Terms and Conditions”) govern NB Power’s Net Zero Rate Program (the “Program”) under which the Net Zero Rate Rider (the “Net Zero Rate”) is applied as a premium to eligible Customer bills.
2. Definitions: 
3. 1. “Agreement” means the Enrollment Form, together with the Terms and Conditions, and any document incorporated expressly therein by reference. 
   2. “Account” means the Customer’s NB Power account, as identified by the NB Power Account Number provided on the Enrollment Form. 
   3. “Customer” means an individual, partnership, organization, corporation, institution, or business that is receiving or has received electrical energy or electrical services in New Brunswick from NB Power, that has enrolled in the Program. 
   4. “Enquiry Form” means the Program enquiry form submitted by the Customer to NB Power.
   5. “Enrollment Form” means the Program enrollment form submitted by the Customer to NB Power. 
   6. “Net Zero Rate” has the meaning given to that term in Section 1 hereof. 
   7. “Terms and Conditions” has the meaning given to that term in Section 1 hereof. 
   8. “Participation Level” means the percentage of the Customer’s electricity supply that the Customer selects for enrollment in the Program, as specified on the Enrollment Form. 
   9. “Party” or “Parties” means individually and/or collectively NB Power and/or the Customer. 
   10. “Program” has the meaning given to that term in Section 1 hereof.  

3. To be eligible for the Program, the Customer must elect to participate in the Program, meet all eligibility criteria identified herein, and have their participation accepted by NB Power. 
4. The Customer understands and acknowledges that participation in the Program is voluntary and is not a condition of receiving electric service from NB Power.
5. The Customer understands and agrees that submission of an Enquiry Form and/or the Enrollment Form does not constitute acceptance into the Program. Enrollment shall be effective only upon acceptance by NB Power and implementation in NB Power’s billing system.
6. The Customer understands and agrees that participation in the Program shall be available on a first-come, first-served basis, subject to Program availability and capacity limitations.
7. The Customer understands and acknowledges that, in order to be eligible for participation in the Program, the Account must be in good standing at all times. For the purposes of these Terms and Conditions, an Account is “in good standing” if it is active, not subject to disconnection, and all undisputed amounts owing are paid when due.
8. The Customer represents and warrants that the Account is in good standing as at the date of enrollment and will remain in good standing during participation in the Program. If, in NB Power’s opinion, the Account is not, or is no longer, in good standing, NB Power may suspend the Customer’s participation in the Program and/or terminate participation effective immediately.
9. The Net Zero Rate shall be charged as a per-kilowatt-hour premium and shall appear as a separate line item on the Customer’s bill, subject to applicable taxes. Base Rate for the Net Zero Rate for FY 2026/27 is 8.32 cents/kWh for distribution Customers and 7.99 cents/kWh for transmission Customers. The Customer understands and agrees that the Base Rate is subject to change, such changes will be reflected on NB Power’s website and shall be incorporated by reference herein.
10. The Customer understands and acknowledges that a minimum charge of $8.32 per billing period will be applied to accounts using less than 100kWh to cover administrative costs.  The Customer understands and agrees that minimum charge is subject to change and applicable taxes, such changes will be reflected on NB Power’s website and shall be incorporated by reference herein.
11. NB Power will use best efforts to follow auditing and reporting processes similar to those that are required for the Renewable Portfolio Standard.
12. Given that non-emitting/clean electricity is subject to availability and cannot be dispatched on demand, NB Power cannot guarantee that the physical delivery of electricity will be sourced from non-emitting/clean resources. The Customer understands and agrees that participation in the Program does not alter the physical delivery of electricity and does not guarantee that electricity supplied to the Customer is generated from any specific generating source.
13. NB Power makes no representation, warranty, or guarantee, and shall have no liability, regarding the eligibility, recognition, or treatment of the Customer’s participation in the Program under any Customer or third-party environmental, emissions, sustainability, or similar reporting standards, legislation, regulation, or other directive. 
14. The Customer understands and acknowledges that energy usage graph (current year vs previous year) on their NB Power bill will not be impacted by their participation in the Program. 
15. The Customer understands and agrees that, if the Customer participates in equalized billing, the Customer’s equalized bill will increase to reflect the Net Zero Rate.
16. The Agreement shall automatically renew on a month-to-month basis unless terminated by either Party upon at least 30 days’ written notice.
17. The Customer may request changes to their Participation Level or withdraw from the Program upon 30 days notice in writing to NB Power, subject to administrative and billing constraints. The Customer understands and agrees that NB Power will require a minimum of 30 days to process any such requested change or withdrawal.
18. NB Power reserves the right to amend, suspend, or terminate the Program without prior notice to the Customer. 
19. Notwithstanding the foregoing, NB Power reserves the right to terminate the Agreement at any time without notice if the Customer fails to comply with the terms of the Agreement or if the Customer no longer meets the eligibility criteria under the Program. The Customer shall advise NB Power immediately if the Customer ceases to meet the eligibility criteria. If the Agreement is terminated by NB Power for breach of the Agreement by Customer, the Customer shall be responsible for payment of all costs associated with such termination.
20. Except as required by law, NB Power shall not be liable for any losses arising from or relating to the Customer’s participation in the Program.
21. NB Power shall not be liable to the Customer for, or be considered to be in breach of or default under the Agreement because of, any failure or delay in performance by NB Power under the Agreement to the extent such failure or delay is caused by or results from any such cause or condition which is beyond NB Power’s reasonable control, or which such NB Power is unable to prevent or overcome by exercise of reasonable diligence (any such cause or conditions, a “Force Majeure”), including breach of contract or failure of performance by any person providing services to NB Power.
22. The Customer understands and agrees that NB Power’s Rate Schedules and Policies Manual and any amendments thereto shall apply to the Program, the contents of which are incorporated by reference and shall form an integral part of the Agreement. Any capitalized terms used herein and not defined shall have the meaning ascribed to such term in NB Power’s Rate Schedules and Policies Manual. 
23. In the event of a conflict, the contents of the Agreement, as supplemented by NB Power’s Rate Schedules and Policies Manual, and governing legislation shall prevail.
24. The Customer represents and warrants to NB Power that the execution, delivery and performance by it of the Agreement has been duly authorized by all necessary corporate and regulatory action on its part and that the execution, delivery and performance by it of the Agreement does not result in a breach, violation of, or conflict with the terms of any contracts or instruments to which it is a party.
25. The Parties are, and will at all times remain, independent contractors. The Agreement does not create, and will not be construed in any way as creating, the relationship of joint ventures, partners, associates, principal and agent or any similar or like relationship between the Parties which could give rise to joint and several liability. 
26. If any term of the Agreement is held illegal or unenforceable by a court with jurisdiction over the Agreement, all other terms of the Agreement shall remain in full force, and the illegal or unenforceable provision shall be deemed struck. In the event that the stricken provision materially affects the rights, obligations or duties of either Party, the Parties shall substitute a provision by mutual agreement that preserves the original intent of the Parties as closely as possible under applicable law. 
27. The Customer will, at any time and from time to time, do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered, all such further documents, assurances or things, and secure all necessary consents, as may be reasonably required for the more perfect observance and performance by the Customer of the terms of the Agreement.
28. Except where otherwise provided, the Agreement is not made for the benefit of any person not a party to the Agreement, and no person other than the Parties or their respective successors and permitted assigns shall acquire or have any right, remedy or claim under or by virtue of the Agreement.
29. Any notice or other communication pursuant to the Agreement shall be in writing and shall be deemed to have been duly given (i) when personally delivered, (ii) on the fifth business day after being mailed by registered or certified mail, postage prepaid, or (iii) on the next business day following the date of transmission by electronic mail, to the following addresses:

If to the Customer:

• • • Customer contact information in Customer Care System and/or attached Enrollment Form.

If to NB Power: 
NB Power Corporation
PO Box 2000
515 King St
Fredericton NB E3B 4X1
Attention: Products & Services
Email: netzero@nbpower.com
With a copy to: nbpowerlegal@nbpower.com

30. The Agreement, including all documentation incorporated by reference, constitutes the entire agreement between the Parties. The Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, written or oral, of the Parties relating to any transaction contemplated by the Agreement. The Agreement may be amended in writing when executed by both Parties. Notwithstanding the foregoing, NB Power may amend these Terms and Conditions at any time. Any such amendments will be effective upon posting to NB Power’s website, or upon such other notice as NB Power may determine, and will automatically apply to the Agreement without further action by the Parties. The Customer’s continued participation in the Program following the effective date of any such amendment will be deemed acceptance of the amended Terms and Conditions.
31. Waiver of or failure to exercise any right or remedy hereunder by either Party shall not restrict or limit the future exercise of that right or remedy or the exercise of any right or remedy.
32. The Customer shall not be entitled to assign all or any portion of its interest in the Agreement without the prior written consent of NB Power, which consent will not be unreasonably withheld. Any assignment of the Agreement does not relieve the assignor of any obligations under the Agreement.
33. The Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective successors and permitted assigns.
34. The use of section and subsection headings and numbering in the Agreement are for reference and convenience only, and shall not affect in any way the meaning or interpretation of the Agreement.
35. The Agreement will be governed by the laws of New Brunswick and the laws of Canada applicable therein.  In any legal proceeding, the Agreement will be treated as having been performed in New Brunswick. Each Party submits to the exclusive jurisdiction of the courts of New Brunswick for all matters arising from the Agreement.
36. The Agreement may be executed in original or electronic counterparts, each of which when so executed shall be deemed to be an original, and such counterparts together shall constitute but one and the same instrument. Signatures delivered by facsimile, or other electronic transmission, shall be deemed for all purposes to be original counterparts of the Agreement.

The Customer further agrees that all the information provided is accurate and NB Power is authorized to obtain any information necessary for the processing of this request. The Customer also authorizes NB Power to maintain information for the purpose of administering the Program. Any questions can be directed to NB Power at netzero@nbpower.com.

Personal information on the Enquiry Form, Enrollment Form, and the Agreement is collected under NB Right to Information and Protection of Privacy Act for the purpose of assessing your application. 

NB Power is committed to protecting your privacy; accordingly, for personal information obtained from customers and/or their agents to perform services and offer programs, NB Power takes all reasonable measures to guard against unauthorized collection, access, use or disclosure in accordance with applicable privacy laws, including the NB Right to Information and Protection of Privacy Act. By completing the Inquiry Form, Enrollment Form, and the Agreement, the Customer and/or agent acting on their behalf consents to the collection, use and disclosure of personal information by NB Power (or its representative) for the purpose of assessing your application and administering the Program.

For more information on our privacy practices and about your rights regarding this issue and to review our full privacy policy please click here to review NB Power's Privacy Notice. To access or correct your personal information or if you have questions about NB Power's information practices or privacy practices, please refer to the link above or contact NB Power’s Chief Privacy Officer at righttoinformation@nbpower.com.

I have had the opportunity to obtain legal advice with respect to the contents of the Agreement, including the Terms and Conditions.

I agree that the Terms and Conditions herein are part of the Agreement, and will conform to the said Terms and Conditions. 

I/we confirm that:

1. The included information is accurate in all details.
2. The party submitting this application is the NB Power customer for the Account number quoted in the Enrollment Form.
3. I/we confirm that the Account is in good standing and will advise NB Power immediately should this account status change.
4. I/we understand and agree that an additional charge representing the Net Zero Rate will be added as an additional charge to our bill.
5. I/we understands and agrees that participation in the Program does not alter the physical delivery of electricity and does not guarantee that electricity supplied to the Customer is generated from any specific generating source.
6. I/we understand and agree to the terms of the Agreement, including the Terms and Conditions of the Program provided herein.