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Public Utilities Act (amended)

BILL NO. 37

(as introduced)

2nd Session, 59th General Assembly
Nova Scotia
55 Elizabeth II, 2006



Government Bill



Public Utilities Act
(amended)



The Honourable Carolyn-Bolivar-Getson
Minister of Environment and Labour



First Reading: May 8, 2006

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill prevents Nova Scotia Power being granted more than one general rate increase in any twelve-month period unless the Nova Scotia Utility and Review Board determines that exceptional circumstances exist that cause substantial financial harm to the ratepayers of Nova Scotia Power or to Nova Scotia Power .

An Act to Amend Chapter 380
of the Revised Statutes, 1989,
the Public Utilities Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 380 of the Revised Statutes, 1989, the Public Utilities Act, is amended by adding immediately after Section 64 the following Section:

64A (1) In this Section, "utility" means Nova Scotia Power Incorporated.

(2) The utility may not be granted a general rate increase to take effect less than twelve months following the effective date of the last preceding general rate increase, whether made before or after the coming into force of this Section.

(3) Subsection (2) does not apply if the Board determines that exceptional circumstances exist that have caused or will cause substantial financial harm to the ratepayers of the utility or to the utility.

(4) The Board shall not make a determination pursuant to subsection (3) until it has held a hearing to determine whether exceptional circumstances exist as set out in that subsection and it has determined that such exceptional circumstances exist.

(5) Where the Board has determined that exceptional circumstances exist as set out in subsection (3), it shall hold a separate hearing on the general rates.

(6) For greater certainty,

(a) a determination of the Board pursuant to subsection (3) may be appealed to the Nova Scotia Court of Appeal pursuant to Section 30 of the Utility and Review Board Act; and

(b) where the Board holds a hearing pursuant to subsection (4), the Board shall appoint a consumer advocate pursuant to Section 91.

2 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2006 Crown in right of Nova Scotia. Created May 9, 2006. Send comments to legc.office@novascotia.ca.