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Part II .

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Rules for the Regulation of Practice and Procedure

made under

Section 25 of the

Public Utilities Act

R.S.N.S. 1989, c. 380

N.S. Reg. 48/1942 (September 8, 1913)

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Rule 1—Interpretation

Rule II[—Location and Sessions]

Rule III—Applications

Procedure of the Board

Satisfaction of complaint

Answer to complaint

Hearings

Final order

Amendments

Raising points of law

Special requirements

Rule IV—Hearings and Investigations

[Copies of pleadings]

Admissions

Evidence

Failure to answer

Subpoenas

Documentary evidence

Briefs

Adjournments and extensions

Rehearings

Investigation on the Board’s own motion

Investigations at corporation’s request

Special requirements

Rule V—Applications for Extension of Time for Filing Reports

Rule VI—Financial Condition Defined

Rule VII—Applications for Authority to Issue Shares, Stocks, Bonds, Debentures or other

Evidences of Indebtedness

Petition

Notice

Final order

Rule VIII—Other Applications

Rule IX[—Examination for Defects]

Rule X—Application on Affidavits

Rule XI—Service of Copies of Affidavits

Rule XII—Orders for Production, Inspection, Discovery and Taking Evidence by Commission

Rule XIII—Notice to Produce

Rule XIV—Notice to Admit

Rule XV—the Right to Begin

Rule XVI—Time for Notice of Motion

Rule XVII—Enlarging or Abridging Time

Rule XVIII—Vacations

Rules XIX—Computation of Time

Rule XX—Technical Objections

Rule XXI—Final Order of Judgment

Rule XXII—Size of Papers Filed

Rule XXIII—Forms, etc.

Schedule “A”[: Forms]

Form No. 1—Application or Petition

Form No. 2—Application Where There is No Opposite Party

Form No. 3—Reply

Form No. 4—Order for Production

Form No. 5—Affidavit as to Production of Documents

Form No. 6—Order for Examination for Discovery

Form No. 7—Notice to Produce

Form No. 8—Notice to Admit

Form No. 9—Subpoena

Form No. 10—Final Order

Rule 1—Interpretation

In these rules, unless the context otherwise requires

(a) “Board” means the Board of Commissioners of Public Utilities, established

by the Public Utilities Act ;

(b) “application” shall include complaint and any other proceeding, matter or

thing which the Board can determine;

(c) “applicant” shall include complainant and any person or corporation

applying to the Board to hear and determine any matter or thing;

(d) “respondent” shall include any person or corporation adverse in interest to

an applicant to the Board, or entitled to be heard in opposition to any

application;

(

e) the provisions of

Section 2 of the Public Utilities Act , of the

Interpretation

Act and of the

interpretation clauses of the Judicature Act , shall apply to

these rules, unless there is something in the context or subject repugnant

thereto.

Rule II[—Location and Sessions]

1 The principal office of the Board shall be at the Technical College Building, Spring

Garden Road, in the City of Halifax.

2 Stated sessions of the Board shall be held at its office on the first Thursday of every

month at the hour of 10 o’clock a.m. At such sessions the Board will transact routine

business, and will sit for the consideration of any and all matters which may properly be

brought before it.

3 Special sessions of the Board for any and all authorized purposes may be held at such

times and places as the Board may direct.

Rule III—Applications

1 Unless otherwise provided by law applications to the Board shall be by petition or notice

in writing, divided into paragraphs and numbered consecutively, setting forth clearly and

concisely in ordinary language, the nature of the application and the relief or remedy

sought, and may be in the form set forth in the

Schedule “A” hereto, or to the like effect.

Procedure of the Board

2 Upon the presentation of such application the Board shall consider whether or not in its

judgment the same is of such a nature as prima facie to admit of relief, or to justify

redress under the law. For this purpose, the Board may make such ex parte investigation

as it may deem proper. If the Board is of the opinion that the application is not of the

nature described, then the Board shall notify the complainant or his solicitor to that

effect, and opportunity may be given the complainant to amend his complaint within a

specified time. If in such event the complaint is not amended so as to set forth a cause

which in the judgment of the Board prima facie admits of relief or justifies redress, then

the same shall be dismissed by the Board.

3 If the Board or any acting commissioner is of opinion that such complaint, either as

originally filed or as amended, is of such a nature as prima facie to admit of relief or to

justify redress, as aforesaid, then an order shall be made as of course, directed to the

person, firm or corporation complained of, and requiring that the matter complained of

be satisfied, or that the complaint be answered in writing within ten days from the

service of said order, provided however, that the Board in its discretion may prescribe a

less period of time for satisfaction or answer. Such order, together with a copy of the

complaint, shall be served on the person, firm or corporation complained of by letter

mailed to his or its last known or registered address, or in any manner in which service is

authorized to be made by these rules or the Public Utilities Act .

Satisfaction of complaint

4 If such person, firm or corporation shall satisfy the subject matter of such complaint,

before the time allowed in the order for satisfaction or answer, then he or it shall notify

the Board to that effect. In such event, the Board shall thereupon transmit a copy of such

notice to the complainant or his solicitor, and no further action need be taken.

Answer to complaint

5 If satisfaction be not made as aforesaid, than [then] the person, firm or corporation

complained of, must, within the time specified in the order, file an answer to the

complaint and serve a copy thereof upon the applicant or his solicitor.

Hearings

6 If satisfaction be not made as aforesaid, then after the expiration of the time allowed for

answer and whether the answer has been filed or not, the Board shall determine whether

or not relief should be granted, and for this purpose may make such investigation and

hold such hearings as it may deem necessary.

Final order

7 The Board shall then make and file an order either dismissing the petition, or directing

the person, firm or corporation complained of to satisfy the cause of complaint in the

manner specified by the Board.

Amendments

8 Amendments to any complaint, petition, answer or other paper filed in any hearing,

investigation or proceeding, may be permitted by the Board at its discretion.

Raising points of law

9 Any party shall be entitled to raise by answer or reply any point of law, and any point of

law so raised shall be disposed of by the Board at the hearing. Provided that by consent

of the parties or by order of the Board or the application of either party, the same may be

set down for argument and disposed of at any time before the hearing.

10 If in the opinion of the Board the decision of such point of law substantially disposes of

the whole complaint or of any distinct ground of complaint or answer, the Board may

thereupon dismiss the complaint, or make such other order as may be just.

11 The Board may order the whole or any part of any complaint, answer or reply to be

struck out on the ground that it discloses no reasonable cause of complaint, answer or

reply.

Special requirements

12 The provisions in this rule contained as to the form and contents of petitions and

complaints shall not be taken to dispose with any additional requirements which may be

hereafter provided for special cases.

Rule IV—Hearings and Investigations

[Copies of pleadings]

1 Two days before the hearing the applicant shall file with the Clerk of the Board three

copies of the complaint, answer and reply or other pleadings.

Admissions

2 The parties to any hearing, investigation or other proceeding before the Board may, by

admission in writing filed with the Board, agree upon the facts or any of the facts

involved therein, which admission, if filed, shall be regarded and used as evidence at

such hearing, investigation or other proceeding. The Board may, nevertheless, require

such additional evidence as it may deem necessary.

Evidence

3 Except where admissions are filed as above, the witnesses whose evidence may be

desired at any hearing, investigation or proceeding before the Board, or before any of the

commissions as authorized by the Public Utilities Act , shall testify orally and under oath,

unless the Board of Commissioners for good cause shown, deems it proper in special

cases that written evidence, under affidavit or otherwise, be submitted.

Failure to answer

4 In case of failure to answer, the Board will require such proof of the facts as may be

deemed proper and reasonable, and make such order thereon as the circumstances of the

case require.

Subpoenas

5 Subpoenas for witnesses may be signed and issued by the Chairman of the Board. At the

time of issuing a copy shall be filed with the Clerk.

Documentary evidence

6 In all cases where documentary evidence is offered, the Board in its discretion, in lieu of

requiring the originals thereof to be filed, may accept true copies of such evidence or

such parts of the same as may be relevant, or may require such evidence to be

transcribed as part of the record.

Briefs

7 The Board may, whenever it deems desirable, require printed or typewritten briefs to be

filed on behalf of any party or parties to any investigation, hearing or other proceeding.

Such briefs shall contain an abstract of the evidence and also the arguments relied on by

the party or parties filing the same. Briefs when required, shall be prepared and filed

with the Board within such time or times, and under such regulations as to service of

copies thereof upon the adverse party or parties as the Board may prescribe.

Adjournments and extensions

8 The Board may, either upon its own motion or upon application, adjourn all hearings

from time to time, and may grant such extensions of time for compliance with it orders

or other acts, as it may deem proper.

Rehearings

9 Applications for re-opening a cause after final submission, or for rehearing after final

order, must be made by petition in writing, stating specially the grounds upon which the

application is based. If the application is to re-open the cause for further evidence, the

nature and purpose of the evidence must be stated, and the same must not be cumulative

merely. If the application is for a rehearing, the petition must specify the findings of fact

or of law claimed to be erroneous, together with a brief statement of the ground of the

alleged error. When any decision, order or requirement of the Board is sought to be

reversed, changed or modified by reason of facts and circumstances arising subsequent to

the hearing, or to the order, or by reason of consequences resulting from compliance with

such decision, order or requirement which are claimed to justify or entitle a reversal,

change or modification thereof, such facts and circumstances or consequences must be

fully set forth in the petition.

Investigation on the Board’s own motion

10 In all cases in which the Board is authorized by law to make investigations of its own

motion, it may, if it deems proper, conduct its investigations ex parte and without notice

to the person, firm or corporation concerned. Before passing any final order, however,

the Board shall in such cases formulate a complaint, setting forth fully and clearly the

acts, omissions or matters which are the subject thereof, and a copy thereof, together

with an order of the Board directed to the person, firm or corporation complained of, and

requiring that the matter complained of be satisfied, or that the complaint be answered

within twenty days from the service thereof, or within such less times as the Board may

prescribe, shall be served on the person, firm or corporation complained of, in any

manner authorized by law, and thereafter the proceedings shall be such as are set forth in

Rule III so far as the same are applicable.

Investigations at corporation’s request

11 In all cases in which the Board at the request or complaint of any corporation subject to

the provisions of the Public Utilities Act , may undertake any investigation with a view to

granting to such corporation any application which the corporation may be authorized

under said law to make, the Board may in its discretion, give all other persons or

corporations who may be affected thereby an opportunity for a hearing, either by service

upon them of a copy of such request or complaint, or by publication of the substance

thereof, at the expense of said corporation, for such length of time, and in such

newspaper or newspapers as the Board may deem desirable.

Special requirements

12 The provisions in this rule contained as to hearings and investigations shall not be taken

to affect any further or additional provisions or requirements which may be hereinafter

prescribed for special cases.

Rule V—Applications for Extension of Time for Filing Reports

An application by any corporation, firm or person for an extension of the time within

which any report is or may be required to be filed with the Board, shall be in writing,

filed before the expiration of the period the extension of which is deemed necessary, and

shall state in detail

(1) what, if any, effort has been made by the applicant to prepare such report;

(2) any facts tending to show why the said report cannot be made and filed within the

time prescribed;

(3) any other facts which may, make an extension of time necessary or proper;

(4) the further period of time deemed necessary by the applicant within which to make

and file such report.

The Board may hold a hearing upon said petition, and in that event the applicant shall

attend, and produce such witnesses and documents relative to its request as the Board

shall require.

Rule VI—Financial Condition Defined

Whenever a corporation subject to the Public Utilities Act is required or called upon to

disclose its financial conditions, whether under these rules or otherwise, the same shall

be given, as far as practicable, in appropriate schedules which shall show the following:

(1) amount and classes of shares or stocks authorized;

(2) amount and classes of shares or stock issued;

(3) terms of preference of all preferred shares or stocks;

(4) brief description of each mortgage upon any property of the corporation, giving

date of execution, name of trustee, amount of indebtedness authorized to be

secured thereby, amount of indebtedness actually secured, and brief description of

the mortgaged property or collateral;

(5) number and amount of bonds authorized and issued under each mortgage,

describing each class separately, giving date of issue, par value, rate of interest,

date of maturity, and how secured;

(6) other indebtedness of all kinds, giving same by classes and describing security, if

any;

(7) amount of interest paid during previous fiscal year upon each species of

indebtedness and rate thereof, and if different rates were paid, amount paid and rate

thereof;

(8) amount of dividends paid upon each class of shares or stocks during previous fiscal

year and rate thereof;

(9) detailed statement of earnings and expenditures for the previous fiscal year and

balance sheet showing condition at the close of the year.

Rule VII—Applications for Authority to Issue Shares, Stocks, Bonds, Debentures or other

Evidences of Indebtedness

Petition

1 In all applications made to the Board by corporations for authority to issue any shares,

stocks, bonds, debentures or other evidences of indebtedness, the petition must show

(

a) the amount and terms of the proposed issues, and the purposes for which the

proceeds are to be used; and the nature of the security if any;

(

b) if the purpose is the acquisition of property, a general description of the

property, from whom it is to be acquired, and the terms of the contract for

such acquisition, if any has been made. Names of the owners of property to

be acquired for rights of way need not be set out, but a general description

of the proposed route, will be sufficient.

Note. The description of property should include the number, dimensions,

type and location of each class of items mentioned in the petition. For

example, the item of “land” should state the area and the location thereof;

expenditure for “building construction” should state dimensions of buildings

so that cubical contents may be ascertained, and also give the type of

construction, including foundations; a description of plant, machinery,

equipment, etc., should be given, including the number, and size of each

unit, its type, etc.

It should also be stated whether the amount proposed to be expended on

each item covers the entire cost thereof, or whether a portion of such cost

has been submitted in a prior statement to the Board, or may be included in

some future statement of expenditure, for which security may be proposed

to be issued, and authority asked;

(

c) if the purpose is the purpose is for the construction, completion, extension

or improvement of facilities, the existing facilities must be set forth as well

as those proposed;

(

d) if the purpose is the improvement or maintenance of service, the existing

service must be set forth as well as any improvements or betterments

proposed;

(

e) if the purpose is the refunding of obligations, such obligations must be

described fully, showing character, amount, date of issue, date of maturity,

and all other material facts concerning the same;

(

f) the financial condition of the applicant;

(

g) if the application is for the issue of bonds or debentures to be secured by an

existing mortgage, the amount of bonds or debentures, if any, already issued

under said mortgage and the amount and application made of the proceeds;

(

h) if the proceeds are to be used for construction, completion, extension or

improvement purposes, the affidavit of a competent person must be

annexed, showing the estimated cost thereof in reasonable detail;

(

i) in applications for the issues of shares or stocks, the petition must state that

no franchise or right is capitalized directly or indirectly, except as authorized

by the Public Utilities Act . In case it is proposed to capitalize any franchise

or right as therein authorized, there shall be filed with the petition a verified

copy of such franchise, and a certificate of the proper officer of the province

or municipality granting the same, showing the amount that has been

actually paid for such franchise or right;

(

j) if any contract, agreement or arrangement, verbal or written has been made

to sell the shares, stocks, bonds, debentures or other evidence of

indebtedness proposed to be issued, such contract, agreement or

arrangement must be described in full, and if in writing a copy of the same

must be annexed to the petition;

(

k) if no contract, agreement or arrangement has been made for the sale or other

disposal of the shares, stocks, bonds, debentures or other evidences of

indebtedness proposed to be issued, there must be annexed an affidavit of a

competent person showing the amount which can probably be realized from

the sale or disposition thereof, and the reasons for the opinion of the

deponent;

(

l) there must be annexed to the petition an affidavit made by at least three of

the directors of the applicant, showing that it is the intention of the applicant

in good faith to use the proceeds of the shares, stocks, bonds, debentures or

other evidences of indebtedness proposed to be issued, for the purposes set

forth in the petition.

Notice

2 Before granting any such petition, the Board shall require such notice thereof to be given

at the expense of the applicant, by publication for such time, and in such newspaper or

newspapers as it may deem proper, to the end that all person who may be interested

therein or affected thereby may have an opportunity for a hearing.

Final order

3 Any order of the Board granting such application or any part thereof, shall

(

a) prescribe the purpose for which the proceeds of the security or obligation

authorized shall be used;

(

b) direct the applicant to report to the Board under oath the sale or other

disposition of the securities or obligations authorized, the terms and

conditions thereof, and the amount realized therefrom;

(

c) require the applicant to make a report at least once every six months,

showing in detail the use and application by it of the moneys so realized,

until such moneys shall have been fully expended;

(

d) contain such other provisions as the Board may deem necessary or

appropriate in each case.

Rule VIII—Other Applications

All applications relating to matters within the jurisdiction of the Board, and which are not

governed by any of the foregoing rules, shall in every case be made by petition or notice setting

forth clearly the matter complained of or the relief or remedy sought, and giving the name of the

person, firm or corporation complained of, or from or against whom the relief or remedy is

sought, and thereupon the procedure shall be such as the Board may prescribe.

Rule IX[—Examination for Defects]

1 On receiving any petition, application or complaint in writing, the Board may refer the

same as of course to its counsel for examination. If it is found to conform to these rules

and to all statutory provisions the counsel shall report such fact to the Board. If it does

not so conform, he shall advise the applicant of the defects, which may then be corrected.

2 When the papers and any accompanying exhibits are in proper form, a time and place for

a hearing thereon may be appointed. The Board will, in each case, direct what notice of

any hearing shall be given, whether by publication or otherwise, and to whom.

3 The applicant must furnish at his or its expense, for the use of the Board in determining

the application, the originals of all books, papers and documents which it may require, or

certified or verified copies of the same. The failure so to do shall be ground for refusing

the application.

General Provisions

Rule X—Application on Affidavits

The Board may at any time direct that application shall be heard upon affidavits to be filed with

the Clerk, and upon such documentary evidence as the parties may adduce.

Rule XI—Service of Copies of Affidavits

Where the application is to be made on affidavits, copies of the affidavits upon which the

application is to be heard shall be served with a copy of the order of hearing, and the affidavits

in defence shall be filed with the Clerk, and served on the opposite party within eight days

thereafter, and any affidavits in reply shall be filed and served by the applicant upon the

respondent within four days after the service of the affidavits in defence. Affidavits used before

the Board or in any proceeding under the Public Utilities Act , may be sworn to before any

person authorized to administer oaths to be used in the Supreme Court of Nova Scotia, or may

be sworn before a Justice of the Peace.

Rule XII—Orders for Production, Inspection, Discovery and Taking Evidence by

Commission

Ten days after the service of the notice of application on the respondent, orders for production

of documents, for inspection, for examination for discovery, for the examination of witnesses

who cannot attend the hearing by reason of sickness or other unavoidable cause, and for the

examination of witnesses resident out of Nova Scotia, may be made by the Board, or a member

thereof, as the nature of the application may require, and upon such terms as to costs or

otherwise as may be just.

Rule XIII—Notice to Produce

Either party may give the other notice in writing to produce any documents which relate to any

matter in question between the parties, which are in the custody, power or possession of said

other party, and if such notice be not complied with secondary evidence of such documents may

be given.

Rule XIV—Notice to Admit

A party may be called upon by any other party, by notice in writing, to admit any document

which requires to be proved, saving all just exceptions; and in default of notice to admit, the

costs of proving the document shall not be allowed except where, in the opinion of the Board,

the omission to give notice was a saving of expense.

Rule XV—the Right to Begin

At the hearing of an application, the applicant shall begin, and after the evidence in defence is

given, shall have the right to reply.

Rule XVI—Time for Notice of Motion

There shall be at least two clear days between the service of a notice and the day for hearing,

unless the Board or a member thereof gives leave to serve short notice, and in the computation

of such two clear days, Sundays and days on which the offices are closed shall not be reckoned.

No notice of motion shall be served unless an appointment has been first obtained from the

Board or a member thereof, for hearing the motion.

Rule XVII—Enlarging or Abridging Time

The Board may enlarge or abridge the time appointed by these rules for doing anything or

taking any proceeding, upon such terms as may be just.

Rule XVIII—Vacations

No trail or hearing shall take place or motion be heard during the Christmas vacation observed

by the Supreme Court, unless otherwise directed by the Board in case of urgency and such

vacation shall not be reckoned in the computation of the time allowed by these rules for the

filing or delivering of a notice of application or reply.

Rules XIX—Computation of Time

In all cases in which any particular number of days, not expressed to be clear days, is

prescribed by these rules, the same shall be reckoned exclusively of the first day and inclusively

of the last day, unless the last day shall happen to fall on a Sunday or a holiday, in which case

the time shall be reckoned exclusively of that day also.

Rule XX—Technical Objections

No proceeding before the Board shall be defeated or affected by any technical objection or by

any objection based upon defects in form.

Rule XXI—Final Order of Judgment

Unless otherwise ordered by the Board, the applicant or his solicitor shall prepare the final order

made by the Board and submit it to the respondent or his solicitor for approval, and in the event

of the parties failing to agree on the form of the order, the same shall be settled by the Board or

a commissioner, and when settled shall be filed with the Clerk to be signed and sealed and

entered in the book kept for that purpose.

Rule XXII—Size of Papers Filed

All petitions, complaints, applications, answers, briefs and other papers, filed with the Board

shall be printed or typewritten whenever practicable, upon sheets not more than fourteen inches

long and eight and one half inches wide.

Rule XXIII—Forms, etc.

Where no express provision is made by these rules the practice prevailing in the Supreme Court

may be followed. The forms in

Schedule “A” hereto, or forms to the like effect, may be used

with such variations as circumstances, or the nature of the application may require, and where

no form is given in the said schedule, the forms used in connection with the Rules of Practice

under the Judicature Act may be adopted.

________________________________________________________________

Schedule “A”[: Forms]

Form No. 1—Application or Petition

the Nova Scotia Board of Commissioners of Public Utilities

Between

Applicant,

and

Respondent.

To the Board of Commissioners of Public Utilities

The Petition, &c, &c.

1. The Applicant is (here give a general description of the applicant).

2. The Respondent is (here give a general description of the respondent).

3. (Here follows the complaint or application).

4. (Here refer to such law, charter, franchise or ordinance as complainant may allege is

being violated).

5. (Here follows the nature of the relief or remedy sought).

6. This notice is given by of the of

, in the County of Solicitor for the Applicant (or this

notice is given by of the the applicant in person.)

Signature of Solicitor or Applicant

________________________________________________________________

Form No. 2—Application Where There is No Opposite Party

the Nova Scotia Board of Commissioners of Public Utilities

In the matter of the application of of the

of in the County of , for an order for

The Applicant hereby applies to the Board for an order for ( here set forth the nature of

the application and order asked for ).

This application is made by of the

of , in the County of , Solicitor for the Applicant

( or this application is made by the Applicant in person).

Signature of Solicitor or Applicant

________________________________________________________________

Form No. 3—Reply

(Style of cause as Form No. 1)

1. The reply of the above name Respondent to the application of the above name Applicant.

2. The Respondent admits paragraphs numbered one, two or three ( as the case may be ) of

the application.

3. The Respondent says that ( here set forth the reply ).

4. The Respondent says that the Applicant is not entitled to the relief or remedy sought ( or

he is only entitled to the relief or remedy as the case may be ).

5. This reply is made by of , Solicitor for the

above named Respondent ( or this reply is made by of

, the Respondent in person).

Signature of the Solicitor or respondent,

as the case may be

________________________________________________________________

Form No. 4—Order for Production

(Style of cause same as in Form No. 1)

Upon the application of the .

It is ordered that the

do within ten days after the service of the order make discovery on oath of the documents which

are or have been in possession or power relating to any matters in

question in this application and do produce to and deposit the same with the Clerk of the Board

at Halifax for the usual purposes.

Dated this day of A.D., 19

________________________________________________________________

Form No. 5—Affidavit as to Production of Documents

(Style of cause same as in Form No. 1)

(The

schedule to be divided into two parts when the deponent objects to the production any of

the documents.)

1. I, , the above named , make oath and says as follows:-

(The first

part is to contain the documents in the deponent’s possession to the production

of which he does not object.)

1. I have in my possession or power the documents relating to the matters in question in this

application set forth in the first and second parts of the First

Schedule hereto.

(The second

part is to contain the documents, if any, in deponent’s possession to the

production of which he does object.)

2. I object to produce the said documents set forth in the second part of the First

Schedule

hereto.

3. That (here state upon what ground the objection is made, and verify the facts as far as

may be).

4. I have had but have not now in my possession or power the documents relating to the

matters in question in this application set forth in the Second

Schedule hereto.

5. The last mentioned documents were last in my possession or power on (state when) .

6. That (here state what has become of the last mentioned documents and in whose

possession they are now).

(If the party denies having any he is to make an affidavit in form of the 7 th paragraph,

omitting the exception.)

7. According to the best of my knowledge, information and belief, I have not now nor ever

had in my possession, custody or power, or in the possession, custody or power of any

other person or persons on my behalf, any deed, account, book of account, voucher,

receipt, letter, memorandum, paper or writing, or any copy of or any extract from any such

document, or any other document whatsoever, relating to the matters in question, in this

application, or any of them, or wherein any entry has been made relative to such matters or

any of them, other than and except the documents set forth in the said First and Second

Schedules hereto, and the pleadings and other proceedings in the application.

Sworn at in the of this day of

one thousand nine hundred and

Before me,

A Commissioner, etc.

The First

Schedule hereto

The first part thereof; - Showing documents in my possession which I do not object to produce.

The second part; - Showing documents in my possession which I object to produce.

The Second

Schedule hereto

Showing documents which I have had, but have not now, in my possession or power.

________________________________________________________________

Form No. 6—Order for Examination for Discovery

(Style of cause same as in Form No. 1)

Upon application of the , it is ordered that the above named

do attend before at such time and place as such applicant

shall by writing hereon endorsed appoint and submit to be examined viva voce upon oath

touching his knowledge of the matters in question in the application. And the costs of this order

and the costs of such examination are reserved.

Dated this day of , A.D. 19

Pursuant to the within order, do hereby appoint

the day of , A.D. 19 , at the hour of o’clock, in the noon, at

for examination of the within named.

Dated this day of , A.D. 19

________________________________________________________________

Form No. 7—Notice to Produce

(Style of cause same as in Form No. 1)

Take notice that you are hereby required to produce and show to the Board at the hearing of this

application, all books, letters, copies of letters and other writings and documents in your

custody, possession or power containing any entry, memorandum or minute relating to the

matters in question in this application and particularly those herein after specified.

Dated this day of , A.D. 19

To the above named

(Solicitor or Agent)

Solicitor for the above named

Description of Documents

Dated

________________________________________________________________

Form No. 8—Notice to Admit

(Style of cause same as in Form No. 1)

Take notice that the purposes [proposes] to adduce in evidence the several

documents hereinunder specified and that the same may be inspected by the himself,

his Solicitor or Agent at on day, the day of

between the hours of and in the noon, and the

is hereby required, within four days from the said day to admit that such of the said documents

as are specified to be originals were respectively written, signed or executed, as they purport

respectively to have been : that such as are specified as copies are true copies : and that such

documents as are stated to have been served or delivered respectively : saving all just

exceptions to the admissibility of all such documents as evidence on this application.

Dated this day of , A.D. 19

To the above named

Yours, etc.

(Solicitor or Agent)

His Solicitor or Agent

Originals

Description of Documents

Dates

Copies

Description of Documents Dates

Original or Duplicate served or

delivered, when, how and by whom

________________________________________________________________

Form No. 9—Subpoena

The Nova Scotia Board of Commissioners of Public Utilities

Between

Applicant

and

Respondent

Elizabeth the Second, by the Grace of God, etc.

To Greeting

We commend you to attend before the Board at

on day, the day of A.D., 19 at the hour of

o’clock in the noon, and so on from day to day until the above matter

is heard, to give evidence on behalf of and also to bring with you and

produce at the time and place aforesaid all

Witness, , Chairman of our said Board, the day of

A.D., 19 in the year of our Reign.

(To be endorsed). N. S. B. of C. of P. U.

Subpoena: This writ is issued byof the

of the County of , Solicitor for the ( or by the

in person.)

Issued from the office of the Nova Scotia Board of Commissioners of Public Utilities, at

the City of Halifax, in the Province of Nova Scotia.

Clerk

________________________________________________________________

Form No. 10—Final Order

the Nova Scotia Board of Commissioners of Public Utilities

The day of A.D., 19 before , Chairman

and , Members.

Between

Applicant

and

Respondent

Upon the application of the above name Applicant in the presence of the Applicant and

Respondent upon hearing the evidence adduced on behalf of the Applicant and Respondent and

upon hearing counsel for the Applicant and Respondent (or upon hearing the Applicant and

Respondent in person, (as the case may be)).

The Board orders (here set forth what the Board orders.)

Clerk

Legislative History

Reference Tables

Rules for the Regulation of Practice and Procedure

N.S. Reg.

48/1942

Public Utilities Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Rules for the Regulation of Practice and Procedure made

under the Public Utilities Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

48/1942

June 5, 1913

date made

unpublished 1

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Regulations in effect on April 1, 1977, and filed with

the Registrar before March 31, 1978, are exempt from publication under

subsection 24(2) of the Regulations Act .

The reference in the definition of “Board” to the Board

of Commissioners of Public Utilities should be read as a reference to the

Utility and Review Board in accordance with s. 47 of the Utility and

Review Board Act , S.N.S. 1992, c. 11, effective on proclamation (N.S.

Reg. 269/1992).

Dec 14, 1992

Note that by N.S. Reg. 290/1992, the Utility and Review

Board adopted these regulations, except Rule II, as the Public Utilities

Rules .

Dec. 14, 1992

The reference in the definition of “Board” to the Board

of Commissioners of Public Utilities should be read as a reference to the Energy Board or the Regulatory Appeals Board, as

the case may be, under the Energy and Regulatory Boards Act , S.N.S.

2024, c. 2, Sch A, in accordance with amendments to the Act made by

Part XXXI

of the Energy Reform

(2024) Act , S.N.S. 2024, c.2, which replace

references to the Board in the Act effective on proclamation (N.S. Reg

233/2024) .

Apr 1, 2025

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.