BILL NO. 97
(as introduced)
3rd Session, 63rd General Assembly
Nova Scotia
70 Elizabeth II, 2021
Government Bill
Electricity Act
(amended)
The Honourable Chuck Porter
Minister of Energy and Mines
First Reading: April 7, 2021
Second Reading: April 8, 2021
Third Reading: April 15, 2021 (LINK TO BILL AS PASSED)
Explanatory Notes
(a) removes certain requirements with respect to a program that permits customers to generate renewable low-impact electricity for the customers' own use; and
(b) allows the Governor in Council to make regulations respecting any aspect of the program.
Clause 2 allows for the development of programs that will permit a customer, a group of customers or a third party to generate renewable low-impact electricity for a customer's or group of customers' own use.
Clause 3 repeals obsolete regulation-making powers.
Clause 4 provides that this Act comes into force on proclamation.
An Act to Amend Chapter 25
of the Acts of 2004,
the Electricity Act
1 (1) Subsections 3A(2), (4), (5) and (6) of Chapter 25 of the Acts of 2004, the Electricity Act, are repealed.
(2) Subsection 3A(7) of Chapter 25, as enacted by Chapter 31 of the Acts of 2015, is amended by striking out "required by clauses (5)(a) to (c)" in the first and second lines and substituting "as prescribed by the regulations".
(3) Subsections 3A(8) to (12) of Chapter 25 are repealed and the following subsections substituted:
- (8) The Governor in Council may make regulations respecting any aspect of a program developed or maintained under subsection (1) or (1A) including
(a) program requirements and conditions;
(b) participant eligibility requirements;
(d) duties of the public utility with respect to the program;
(e) project limitations, including limitations with respect to generator nameplate capacities;
(f) the identification of and conditions on equipment to be used to
- (i) measure the amount of electricity produced by any generator and the time that it is supplied,
(ii) measure the amount of electricity supplied to the customer by the public utility and the time that it is supplied, and
(iii) measure the amount of electricity supplied to the public utility by the customer's generator and the time that it is supplied;
(g) standards that must be adhered to;
(h) enforcement measures and mechanisms;
(i) costs, fees and penalties;
(j) obligations relating to data collection, reporting and the sharing of information;
(k) the tariff for the electricity sold pursuant to this Section;
(l) the sale of renewable low-impact electricity to the public utility;
(m) oversight of the program by the Board;
(n) requirements or conditions in respect of any agreement between a customer and the public utility;
(o) any other matter the Governor in Council considers necessary or advisable for the proper administration of the program.
(9) The exercise by the Governor in Council of the authority contained in subsection (8) is a regulation within the meaning of the Regulations Act.
(4) Section 3A as it read before subsections (1), (2) and (3) came into force applies to an agreement made pursuant to Section 3A before those subsections came into force.
2 Chapter 25 is further amended by adding immediately after Section 3A the following Section:
- 3AA (1) A public utility may develop and maintain a program that will permit any customer, group of customers or third party to generate electricity for a customer's or group of customers' use and to sell any excess electricity to the public utility at a rate prescribed by the regulations.
(2) Notwithstanding subsection (1), Nova Scotia Power Incorporated shall develop and maintain a program that will permit any customer, group of customers or third party to generate electricity for a customer's or group of customers' use and to sell any excess electricity to Nova Scotia Power Incorporated at a rate prescribed by the regulations.
(3) Any program developed and maintained pursuant to subsection (1) or (2) must receive the approval of the Board before its implementation by the public utility.
(4) The Governor in Council may make regulations respecting any aspect of a program developed or maintained under subsection (1) or (2) including
(a) any matter referred to in clauses 3A(8)(a) to (o);
(c) subscriber and ownership requirements;
(e) prescribing anything that is to be prescribed pursuant to this Section;
(f) any other matter the Governor in Council considers necessary or advisable for the proper administration of the program.
(5) The exercise by the Governor in Council of the authority contained in subsection (4) is a regulation within the meaning of the Regulations Act.
3 Subsection 5(1) of Chapter 25, as amended by Chapter 14 of the Acts of 2010, Chapter 15 of the Acts of 2011, Chapter 34 of the Acts of 2013, Chapter 31 of the Acts of 2015 and Chapter 9 of the Acts of 2020, is further amended by
(a) striking out "3A(8)," in the first line of clause (a); and
(b) striking out clauses (dv) to (dy).
4 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 © 2021 Crown in right of Nova Scotia. Created April 19, 2021. Send comments to legc.office@novascotia.ca.
