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BILL NO. 177

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019


Government Bill


Public Utilities Act


The Honourable Derek Mombourquette
Minister of Energy and Mines

First Reading: October 4, 2019

(Explanatory Notes)

Second Reading: October 8, 2019

Third Reading: October 22, 2019 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 creates a higher threshold for capital expenditures by large-scale public utilities before they are required to seek the approval of the Nova Scotia Utility and Review Board.

Clause 2 allows the Governor in Council to make regulations respecting Board approval for long-term natural gas contracts and allows those regulations to be made retroactive to June 4, 2019.

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 35A the following Section:

    35AA (1) In this Section, "large-scale public utility" means a public utility with an annual revenue of one hundred million dollars or more.

    (2) A large-scale public utility is not required to secure the approval of the Board under Section 35 for new construction, improvements or betterments in or extensions or additions to its property used or useful in furnishing, rendering or supplying any service that requires the expenditure of one million dollars or less.

2 (1) Subsection 118(1) of Chapter 380, as enacted by Chapter 41 of the Acts of 2012, is amended by adding immediately after clause (a) the following clause:

    (aa) respecting requirements for the approval by the Board of contracts for the transportation of natural gas entered into by a public utility for a term of longer than two years;

(2) Section 118 of Chapter 380 is further amended by adding immediately after subsection (1) the following subsection:

    (1A) A regulation made pursuant to clause (1)(aa) may be made retroactive to a date not earlier than June 4, 2019.


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