BILL NO. 263

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2023

 

Government Bill

 

Public Utilities Act
(amended)

 

The Honourable Tory Rushton
Minister of Natural Resources and Renewables

First Reading: March 22, 2023

(Explanatory Notes)

Second Reading: March 23, 2023

Third Reading: March 31, 2023 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) sets a new cumulative limit to administrative penalties that may be levied against Nova Scotia Power Incorporated in a calendar year;

(b) provides that administrative penalties levied against Nova Scotia Power may be credited to customers as prescribed by the regulations or, in the absence of such regulations, as determined by the Nova Scotia Utility and Review Board; and

(c) allows the Governor in Council to make regulations creating a fund managed by Nova Scotia Power that holds penalty funds to be paid out to customers.

Clause 2

(a) updates a cross-reference;

(b) confirms certain Governor in Council regulation-making authority; and

(c) allows the Governor in Council to make regulations prescribing data or information collection that is necessary to assess Nova Scotia Power's performance.

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1 Section 52E of Chapter 380 of the Revised Statutes, 1989, the Public Utilities Act, is repealed and the following Section substituted:

52E (1) The amount of any administrative penalty to be paid by Nova Scotia Power Incorporated is the amount determined by the Board or prescribed by the regulations to be appropriate in order to promote future compliance with the performance standards and not for a punitive purpose or effect or for redressing a wrong done to society at large.

(2) The cumulative total of administrative penalties levied against Nova Scotia Power Incorporated in a calendar year must not exceed twenty-five million dollars.

(3) Any administrative penalties levied against Nova Scotia Power Incorporated must be credited to customers as prescribed by the regulations.

(4) Where a method of crediting administrative penalties to customers is not prescribed by the regulations, credits to customers may be allocated amongst Nova Scotia Power Incorporated's customers in any manner, in any amount and through any mechanism that the Board determines appropriate.

(5) Nova Scotia Power Incorporated shall not recover any administrative penalty imposed on it under this Section through its rates.

(6) The Governor in Council may make regulations creating a fund to be managed and maintained by Nova Scotia Power Incorporated to serve as a means of holding penalty funds to be paid out to customers.

(7) The exercise by the Governor in Council of the Authority contained in subsection (6) is a regulation within the meaning of the Regulations Act.

2 Subsection 52F(1) of Chapter 380, as enacted by Chapter 31 of the Acts of 2015 and amended by Chapter 27 of the Acts of 2022, is further amended by

(a) striking out "52E(2)" in the second line of clause (d) and substituting "52E(1)";

(b) striking out the period at the end of clause (d) and substituting a semicolon; and

(c) adding immediately after clause (d) the following clauses:

(e) prescribing how administrative penalties are to be credited to customers in accordance with subsection 52E(3);

(f) prescribing the collection of any data or information by the Minister or the Board that is necessary to assess Nova Scotia Power Incorporated's performance, including the timing and frequency of the data or information collection.

 

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2023 Crown in right of Nova Scotia. Created April 12, 2023. Send comments to legc.office@novascotia.ca.