regulations Regulations
N.S. Reg. 286/2009
Nova Scotia — Regulations
This consolidation is unofficial and is for reference only.
For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette
Part II .
Regulations are amended frequently.
Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright ©
, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Petroleum Products Pricing Regulations
made under
Section 14 of the
Petroleum Products Pricing Act
S.N.S. 2005, c. 11
O.I.C. 2009-399 (effective October 1, 2009), N.S. Reg. 286/2009
amended to O.I.C. 2025-40 (effective February 18, 2025), N.S. Reg. 33/2025
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 .
Citation
Purpose of regulations
Definitions
Application of Act and regulations
Regulations prevail over contract
Retailer may opt out of regulations
Retailer opting out
Retailer not opting out
Retailer remains responsible for debts owed under contract
Prescribed minimum and maximum retail price[s] still apply
Monthly assessment fee
Delegation of authority
Zones
Must charge prices for zone where point of sale located
Promotions to reduce price at time of sale
Reducing price if retailer runs out of Grade 1—Regular gasoline
Reporting source
Reported product price and spot market
Benchmark price
Fixed wholesale price
Clean fuel adjustor
Maximum and minimum retail mark-up
Maximum and minimum retail price[s]
Informing wholesalers, wholesaler-retailers and retailers of prices
No disclosure of price before in effect
Public hearings by Board
Powers and duties of Board
Investigations by Board to ensure matters just and reasonable
Interim order in emergency situation
Policies, directives and bulletins of Board
When consumer advocate appointed
Powers and duties of consumer advocate
Fees and expenses of consumer advocate
Information provided to Board
Inspection of records by Board
Examination under oath
Transitional–retailers remain opted out of regulations or not opted out of regulations
Schedule 1—Calculation of Carbon Price for Gasoline and Ultra-Low-Sulfur Diesel
Definitions for this
Schedule
Formulas for Calculating Carbon Price for Gasoline
Formula 1.0—total carbon price per litre of gasoline
Formula 1.1—settlement price adjustment
Formula 1.2—adjustment for months between auctions
Formulas for Calculating Carbon Price for Ultra-Low-Sulfur Diesel
Formula 2.0—total carbon price per litre of ultra-low-sulfur diesel oil
Formula 2.1—settlement price adjustment
Formula 2.2—adjustment for months between auctions
Citation
1 These regulations may be cited as the Petroleum Products Pricing Regulations .
Purpose of regulations
2 The purpose of these regulations is to ensure just and reasonable prices for specified
petroleum products, taking into consideration all of the following objectives:
(
a) preserving availability of specified petroleum products in rural areas;
(
b) stabilizing prices of specified petroleum products;
(
c) minimizing the variances in prices of specified petroleum products across the
Province.
Definitions
3 In these regulations,
“Act” means the Petroleum Products Pricing Act ;
“benchmark price” means the price prescribed by the Board under
Section 16;
“Board” means the Nova Scotia Utility and Review Board established under the
Utility and Review Board Act ;
“CBOB” means conventional blendstock for oxygenate blending;
“clean fuel adjustor” means the result of a monetary adjustment intended to
mitigate for wholesalers and retailers the effect of costs incurred during a given
compliance period by a primary supplier of liquid petroleum products to comply
with the Clean Fuel Regulations (Canada) or any other regulatory instrument made
under the Canadian Environmental Protection Act, 1999 (Canada) and the
Environmental Violations Administrative Monetary Penalties Act (Canada);
“gasoline” means any of the following grades of gasoline, as differentiated by the
antiknock index and set out in the Canadian General Standards Board standard
CAN/CGSB-3.5-2021, Automotive gasoline , as amended, and the Canadian
General Standards Board standard CAN/CGSB-3.511-2021, Oxygenated
automotive gasoline containing ethanol , as amended:
(
i) Grade 1—Regular,
(ii) Grade 2—Mid-grade,
(iii) Grade 3—Premium;
“point of sale” means
(
i) with respect to the sale of petroleum products by a wholesaler or
wholesaler-retailer to a retailer, the location where the delivery of the
product to the retailer takes place, and
(ii) with respect to the sale of petroleum products by a retailer to a
consumer, the location where the product is delivered to the consumer;
“promotion” means any item, service, or saving opportunity with an implied value
extended to a retail consumer in order to entice the consumer to purchase
petroleum products of a particular brand;
“reported product price” for a type of petroleum product means the reported
product price determined in accordance with
Section 15C;
“spot market” means a market
(
i) in which the petroleum product is paid for and immediately delivered at
the point of sale, and
(ii) for which pricing information is available through a reporting source;
“spot market price” does not include rack prices;
“wholesaler-retailer” means a wholesaler who also sells or keeps a petroleum
product for sale directly to consumers;
“wholesaler’s return” means the return referred to in
Section 12 of the Revenue Act
Regulations made under the Revenue Act ;
“winter blending” means the process used to ensure satisfactory fuel operability in
cold temperature environments.
Application of Act and regulations
(1) Except as otherwise provided in this Section, the following types of petroleum
products are subject to these regulations:
(
a) gasoline;
(
b) ultra-low-sulfur diesel oil.
(2) A petroleum product of a type that is not listed in subsection (1) is exempt from
these regulations and from Sections 4 to 7 of the Act.
(3) All of the following petroleum products are exempt from these regulations and
from Sections 4 to 7 of the Act:
(
a) aviation gasoline;
(
b) except as provided in subsection (4), any petroleum product sold or purchased
for use as fuel in a watercraft or an aircraft equipped to float on water;
(
c) except as provided in subsection (4), any petroleum product sold or purchased
for use as fuel in an off-highway vehicle as defined in clause 2(
d) of the Off-highway Vehicles Act ;
(
d) gasoline and ultra-low-sulfur diesel oil bought by a consumer through a
commercial bulk volume contract for 5000 L or more;
(
e) gasoline and ultra-low-sulfur diesel oil sold or purchased at a restricted access
outlet as defined in clause 2(
p) of the Motive Fuel and Fuel Oil Approval
Regulations made under the Environment Act for use as fuel in a vehicle
being operated for the carriage of persons or property for commercial gain;
(
f) any petroleum product that is exempt from tax under
Section 22 of the
Revenue Act Regulations made under the Revenue Act .
(4) These regulations apply to any petroleum product listed in clause (3)(
b) or (
c) if the
product is sold or purchased from a retailer, wholesaler or wholesaler-retailer who
also sells a petroleum product for other purposes.
(5) These regulations do not apply to a retailer or wholesaler-retailer if the only
petroleum products they sell or purchase are any of the products listed in clause
(3)(
b) or (c).
(6) These regulations apply to a retailer, wholesaler or wholesaler-retailer if they sell or
purchase any petroleum product listed in clause (3)(
b) or (
c) in addition to selling
or purchasing a petroleum product for other purposes.
Regulations prevail over contract
5 These regulations prevail over a contract between a wholesaler or wholesaler-retailer and
a retailer with respect to the wholesale price and retail mark-up of a petroleum product.
Retailer may opt out of regulations
6 Despite the Act and these regulations, a retailer who is a party to a contract with a
wholesaler or wholesaler-retailer may opt out of these regulations with respect to the
wholesale price and retail mark-up of a petroleum product.
Retailer opting out
(1) A retailer who decides to opt out of these regulations must notify the Minister by
providing the Minister with all of the following:
(
a) a statement in the form required by the Minister and signed by the retailer,
indicating that the retailer has decided to opt out of these regulations;
(
b) a copy of their contract with their wholesaler or wholesaler-retailer.
(2) The documents required by subsection (1) must be provided to the Minister no
later than the following:
(
a) for a retailer who holds an existing contract with a wholesaler or
wholesaler-retailer, 30 days after the contract expires;
(
b) for a retailer who does not hold an existing contract with a wholesaler or
wholesaler-retailer, 30 days after the retailer is issued a motive fuel retailer’s
approval under the Environment Act .
(3) Before the applicable deadline in subsection (2) for sending the statement to the
Minister, a retailer must send a copy of the statement required by clause (1)(
a) to
their wholesaler or wholesaler-retailer, and the wholesaler or wholesaler-retailer
must sign the copy and return it to the Minister no later than 15 days after the date
they receive it.
(4) A contract between a retailer who opts out of these regulations and a wholesaler or
wholesaler-retailer prevails over these regulations with respect to the wholesale
price and retail mark-up of a petroleum product.
Retailer not opting out
(1) A retailer who decides not to opt out of these regulations with respect to the
wholesale price and retail mark-up of a petroleum product must notify the Minister
by providing the Minister with a statement in the form required by the Minister and
signed by the retailer, indicating the retailer has decided not to opt out of these
regulations.
(2) The statement required by subsection (1) must be provided to the Minister no later
than the following:
(
a) for a retailer who holds an existing contract with a wholesaler or
wholesaler-retailer, 30 days after the contract expires;
(
b) for a retailer who does not hold an existing contract with a wholesaler or
wholesaler-retailer, 30 days after the retailer is issued a motive fuel retailer’s
approval under the Environment Act .
(3) Before the applicable deadline in subsection (2) for sending the statement to the
Minister, a retailer must send a copy of the statement required under subsection
(1) to their wholesaler or wholesaler-retailer and the wholesaler or wholesaler-retailer
must sign the copy and return it to the Minister no later than 15 days after the date
they received it.
(4) Any contractual provision respecting compensation, including cross leases, dealer
incentive payments, volume-associated payments, bonus incentives or any other
type of compensation determined by the Minister, in a contract between a retailer
who decides not to opt out of these regulations and a wholesaler or
wholesaler-retailer is null and void, but nothing in these regulations prevents a
retailer and a wholesaler or wholesaler-retailer from entering a new agreement
respecting compensation other than the retail mark-up.
Retailer remains responsible for debts owed under contract
9 A retailer remains responsible, in accordance with the terms of any contract with a
wholesaler or wholesaler-retailer, for repayment of any debt owed to the wholesaler or
wholesaler-retailer regardless of whether or not the retailer opts out of these regulations
with respect to the wholesale price and retail mark-up of a petroleum product.
Prescribed minimum and maximum retail price[s] still apply
10 A retailer must comply with
Section 14, respecting the price to be charged to a consumer
for a petroleum product, regardless of whether the retailer and the wholesaler or
wholesaler-retailer have opted out of these regulations with respect to the wholesale price
and retail mark-up of a petroleum product as permitted by
Section 6.
Monthly assessment fee
(1) A wholesaler or wholesaler-retailer who sells a petroleum product in the Province
must pay monthly assessment fees based upon the sales volume of the petroleum
product sold by the person in the Province at rates determined by the Minister and
the Board.
(2) The monthly assessment fees must be paid at the same time as the tax required to
be remitted to the Minister of Finance under
Section 12 of the Revenue Act
Regulations made under the Revenue Act and a wholesaler or wholesaler-retailer
must file an addendum to the wholesaler’s return as required by the Minister.
(3) The Board may recover all or part of its direct and indirect costs for administering
any powers or duties delegated to it under the Act or regulations from the monthly
assessment fees set by the Board as costs of administering the Act or regulations.
Delegation of authority
(1) Effective immediately after these regulations come into force, and subject to these
regulations, all of the following powers under the Act are delegated to the Board:
(
a) the power to divide the Province into 1 or more zones in the Province as set
out in clause 14(1)(
c) of the Act, and in accordance with subsection 13(2);
(
b) the power to prescribe the fixed wholesale price as set out in subclause
14(1)(c)(
i) of the Act;
(
c) the power to prescribe a maximum retail price as set out in subclause
14(1)(c)(ii) of the Act;
(
d) the power to prescribe minimum and maximum retail mark-ups as set out in
subclause 14(1)(c)(iii) of the Act;
(
e) the power to appoint a consumer advocate and determine the powers and
duties of the advocate as set out in subclause 14(1)(
h) of the Act, and in
accordance with Sections 26 to 28;
(
f) the power to set fees to be charged to wholesalers to cover the Board’s costs
of administering the Act and its regulations, as set out in clause 14(1)(
d) of
the Act.
(2) The power to set fees to be charged to wholesalers to cover the Minister’s costs of
administering the Act and its regulations as set out in clause 14(1)(
d) of the Act is
delegated to the Minister.
Zones
(1) Until the Board exercises the power delegated under clause 12(1)(a), the Province
is divided into the following zones for the purpose of prescribing prices for each
zone:
(
a) Zone 1 consists of all of the following:
(
i) Halifax County,
(ii) Hants County,
(iii) the southern portion of Colchester County, as divided by a straight line
running from Clifton in Colchester County to the intersection of the
county lines of Colchester, Pictou, Guysborough and Halifax Counties;
(
b) Zone 2 consists of all of the following:
(
i) Kings County,
(ii) Lunenburg County,
(iii) the eastern portion of Annapolis County, as divided by a straight line
running northwest from the top
section of the Queens-Lunenburg county
line and extending to the Bay of Fundy;
(
c) Zone 3 consists of all of the following:
(
i) Queens County,
(ii) Shelburne County,
(iii) Yarmouth County,
(iv) Digby County,
(
v) the western portion of Annapolis County as divided in clause (b);
(
d) Zone 4 consists of Cumberland County;
(
e) Zone 5 consists of all of the following:
(
i) Guysborough County,
(ii) Antigonish County,
(iii) Pictou County,
(iv) the northern portion of Colchester County as divided in clause (a),
(
v) the Town of Port Hawkesbury in Inverness County,
(vi) an area of land bounded by a straight line extending along the
prolongation of the eastern boundary of the Town of Port Hawkesbury
to the Trans-Canada Highway (Highway 105) and then southwesterly
along the Trans-Canada Highway to the Strait of Canso.
(
f) Zone 6 consists of all of the following:
(
i) Cape Breton County,
(ii) Victoria County,
(iii) Richmond County,
(iv) Inverness County, except the Town of Port Hawkesbury and an area of
land bounded by a straight line extending along the prolongation of the
eastern boundary of the Town of Port Hawkesbury to the Trans-Canada
Highway (Highway 105) and then southwesterly along the
Trans-Canada Highway to the Strait of Canso.
(2) In exercising the power delegated under clause 12(1)(a), the Board may consider
any factors the Board considers relevant, including the following factors:
(
a) the retail prices that have been charged to retailers and consumers for
petroleum products throughout the Province, over a period of time that the
Board considers appropriate;
(
b) any factors that could explain the differences, if any, between the retail prices
across the Province for the period of time established in clause (a), including
any of the following:
(
i) the distance from a refinery gate to the proposed boundaries for a zone,
(ii) the volume of petroleum product sold to retailers during the period,
(iii) innovations within the industry;
(
c) whether new zones are required in order to preserve the viability of markets
affected by their proximity to the provincial border;
(
d) whether price differences between zones are just and reasonable.
Must charge prices for zone where point of sale located
(1) A wholesaler or wholesaler-retailer must charge a retailer the fixed wholesale price
for a type of petroleum product for the zone where the point of sale is located or as
prescribed by the Board under subsection (3).
(2) A retailer must not charge a consumer a price for a type of petroleum product that
(
a) higher than the maximum retail price for the zone where the point of sale is
located or as prescribed by the Board under subsection (3); or
(
b) except as permitted by
Section 15 or 15A, lower than the minimum retail
price for the zone where the point of sale is located or as prescribed by the
Board under subsection (3).
(3) On application by a wholesaler, wholesaler-retailer or retailer, and in order to
preserve availability of a petroleum product in rural areas, to preserve the viability
of markets in the provincial border areas or for another reason the Board considers
appropriate, the Board may prescribe a different fixed wholesale price, a different
retail mark-up or different minimum and maximum retail prices that the
wholesaler, wholesaler-retailer or retailer may charge for a type of petroleum
product at a particular point of sale.
Promotions to reduce price at time of sale
(1) Effective September 1, 2010, a promotion that has the effect of reducing the price
for a petroleum product below the minimum retail price at the time of sale is
prohibited unless the wholesaler, retailer or wholesaler-retailer has notified the
Minister of all of the following information no later than 5 business days before the
start of the promotion:
(
a) the start date of the promotion;
(
b) the termination date of the promotion;
(
c) a description of the promotion;
(
d) the participating locations in Nova Scotia at which the promotion is being
offered;
(
e) any additional information required by the Minister.
(2) If, on September 1, 2010, a promotion that has the effect of reducing the price for a
petroleum product below the minimum retail price at the time of sale is currently
being offered, the wholesaler, retailer or wholesaler-retailer must notify the
Minister of the information referred to in subsection (1) on or before September
10, 2010.
(3) Promotions that have the effect of reducing the price for a petroleum product
below the minimum retail price at the time of sale are prohibited on transactions
exceeding 100 litres.
(4) The Minister may publish any information received under this
Section respecting
current and upcoming promotions on a public website.
Reducing price if retailer runs out of Grade 1—Regular gasoline
15A
(1) If a retailer runs out of Grade 1—Regular gasoline, the retailer may sell Grade
3—Premium gasoline at a price that is no lower than the minimum retail price for
Grade 1—Regular gasoline for the zone where the point of sale is located until the
retailer receives a delivery of Grade 1—Regular gasoline.
(2) Except as required by the Motive Fuel and Fuel Oil Approval Regulations made
under the Environment Act or by the Weights and Measures Act (Canada), a
retailer must not promote, advertise or use signage to indicate a change in price
permitted by subsection (1).
(3) A retailer must immediately stop selling Grade 3—Premium gasoline at a price
permitted by subsection (1) when the retailer receives a delivery of Grade
1—Regular gasoline.
Reporting source
15B
(1) In this Section,
“Argus Media” means the report entitled Argus Americas Biofuels and the report
entitled Argus US Products or any other report produced by Argus Media Group
that the Board considers relevant;
“Oil Price Information Service” means the report entitled the OPIS Full-day
Refined Spots Report or any other report produced by Oil Price Information
Service, LLC that the Board considers relevant;
“Platts Report” means the report entitled Platts US Marketscan and the report
entitled Platts Biofuelscan or any other report produced by S&P Global Inc. that
the Board considers relevant.
(1A) The reporting source to be used by the Board in determining the reported product
price under
Section 15C is 1 of the following reporting sources, unless the Board
has prescribed a different reporting source in accordance with subsections (2)
through (4):
(
a) Argus Media;
(
b) the Platts Report, if the relevant data is not available from Argus Media;
(
c) the Oil Price Information Service, if the relevant data is not available from
Argus Media or the Platts Report.
(2) If the market conditions change in such a way that there is a significant difference
between the spot market price and the price charged to wholesalers and
wholesaler-retailers, the Board may on its own motion investigate whether a
different reporting source is just and reasonable.
(3) On application by any of the following, the Board must carry out an investigation
under subsection (2):
(
a) a retailer, wholesaler or wholesaler-retailer;
(
b) any person, firm or corporation;
(
c) the Minister.
(4) Following an investigation, the Board may make an order prescribing a different
reporting source to be used for the reported product price, but no order may be
made by the Board until a public hearing or inquiry is held.
Reported product price and spot market
15C
(1) For gasoline, the reported product price is the volume-weighted average of the
daily spot market prices reported in the reporting source prescribed by
Section 15B
of the components of gasoline set out in subsection (2).
(2) Unless otherwise determined by the Board, the components of gasoline are CBOB
and ethanol, and the proportions by volume of the components are deemed to be
90% CBOB and 10% ethanol.
(3) The spot market to be used by the Board for the daily spot market price of each
component of gasoline is as follows, unless the Board has prescribed a different
spot market for any of the components in accordance with subsections (6) to (8):
(
a) for CBOB, New York Harbour [Harbor];
(
b) for ethanol, Chicago.
(4) For ultra-low-sulfur diesel, the reported product price is the daily spot market price
reported in the reporting source prescribed by
Section 15B for ultra-low-sulfur
diesel.
(5) The spot market to be used by the Board for the daily spot market price of ultra-low-sulfur diesel is New York Harbour [Harbor], unless the Board has prescribed a
different spot market in accordance with subsections (6) to (8).
(6) If the market conditions change in such a way that there is a significant difference
between the spot market price and the price charged to wholesalers and
wholesaler-retailers, the Board may on its own motion investigate whether a
different spot market for a component of gasoline, or for ultra-low-sulfur diesel, is
just and reasonable.
(7) On application by any of the following, the Board must carry out an investigation
under subsection (6):
(
a) a retailer, wholesaler or wholesaler-retailer;
(
b) any person, firm or corporation;
(
c) the Minister.
(8) Following an investigation, the Board may make an order prescribing a different
spot market to be used for a component of gasoline or for ultra-low-sulfur diesel,
but no order may be made by the Board until a public hearing or inquiry is held.
Benchmark price
(1) Every Friday, at a time the Board considers appropriate, the Board must prescribe a
benchmark price for each type of petroleum product.
(2) For Grade 1—Regular gasoline, the benchmark price prescribed by the Board is
the average of the average of the daily high and low reported product prices during
the period since the last benchmark price adjustment for Grade 1—Regular
gasoline.
(2A) For Grade 2—Mid-grade gasoline, the Board may prescribe a benchmark price
using criteria determined by the Board.
(2B) For Grade 3—Premium gasoline, the Board may prescribe a benchmark price
using criteria determined by the Board.
(2C) For ultra-low-sulfur diesel, the benchmark price prescribed by the Board is the
average of the average of the daily high and low reported product prices during the
period since the last benchmark price adjustment for ultra-low-sulfur diesel.
(2D) In prescribing a benchmark price for any type of petroleum product, the Board may
make an adjustment to account for any transportation differential between the New
York Harbour [Harbor] spot market and another spot market.
(3) In prescribing a benchmark price, the daily exchange rates published by the Bank
of Canada shall be used to convert United States currency to Canadian currency.
(4) A prescribed benchmark price must be expressed in Canadian cents per litre to the
nearest one-hundredth of a cent or in another unit of measurement appropriate to
the petroleum product.
(5) If the Board considers it appropriate, the Board may prescribe a benchmark price at
any time.
Fixed wholesale price
(1) For each type of petroleum product, the fixed wholesale price in a zone is the sum
of all of the following:
(
a) the current benchmark price as prescribed by the Board under
Section 16;
(
b) the wholesale margin as calculated by the Board in accordance with
subsection (4);
(
c) all taxes, excluding the taxes imposed under subsections 165(1) and 165(2) of
the Excise Tax Act (Canada);
(
d) if the Board considers it appropriate, transportation adjustments and forward
averaging corrections;
(
e) the carbon price
(
i) calculated according to the formulas in
Schedule 1, except as provided
in subclause (ii) for 2019,
(ii) for the 2019 calendar year, as follows:
(
A) for gasoline, 0.94¢/L, and
(
B) for ultra-low-sulfur diesel, 1.20¢/L;
(
f) on and after the date that the Board sets a clean fuel adjustor amount under
Section 17A, the current clean fuel adjustor amount;
(
g) fuel charges, if any, payable to His Majesty in right of Canada.
(1A) On and after 190 days after the final auction held in 2023, the carbon price referred
to in clause (1)(
e) must be set at 0 cents per litre for both gasoline and
ultra-low-sulfur diesel oil.
(1B) For the purposes of subsection (1A), “auction” has the same meaning as it does in
Schedule 1.
(2) In clause (1)(d), “forward averaging correction” means the difference between the
benchmark price and the actual reported product price for a petroleum product
since the last benchmark price adjustment for that petroleum product, and the
forward averaging correction may be adjusted for variations in the volume sold
during that period.
(3) In this Section,“wholesale margin” for a petroleum product means the difference
between the benchmark price for that petroleum product and the price at which a
wholesaler sells that petroleum product to a retailer, excluding taxes imposed
under subsections 165(1) and 165(2) of the Excise Tax Act (Canada).
(4) In calculating the wholesale margin for a type of petroleum product in a zone, the
Board may consider any factors the Board considers relevant, including any of the
following:
(
a) the wholesale margin for the type of petroleum product for the Province or for
a zone, excluding taxes imposed under subsection[s] 165(1) and 165(2) of the
Excise Tax Act (Canada), over a period of time the Board considers
appropriate;
(
b) whether the wholesale margins identified under clause (
a) are just and
reasonable, taking into account any of the following:
(
i) the distance from the refinery gate to the boundaries of a zone,
(ii) the volume of petroleum product sold to retailers during the period, or
(iii) innovations within the industry;
(
c) whether additional margin is required for winter blending of ultra-low-sulfur
diesel oil;
(
d) whether additional margin is required for biocomponents of ultra-low-sulfur
diesel;
(
e) whether additional margin is required for ethanol blending of gasoline;
(
f) whether additional margin is required for new gasoline or ultra-low-sulfur
diesel products;
(
g) whether additional margin is required for requirements set by the Government
of Canada related to biocomponents of ultra-low-sulfur diesel products;
(
h) whether additional margin is required for new technologies related to the
refining, wholesaling, and retailing of gasoline and ultra-low-sulfur diesel
products;
(
i) whether additional margin is required for components of gasoline or ultra-low-sulfur diesel products not currently priced;
(
j) the factors set out in subsection 14(3).
(5) The fixed wholesale price must be expressed in Canadian cents per litre to the
nearest one-hundredth of a cent or another unit of measurement appropriate to the
petroleum product.
Clean fuel adjustor
17A
(1) At any time, the Board may on its own motion investigate a methodology for
setting a clean fuel adjustor amount to ensure that it is just and reasonable in light
of the application of the Clean Fuel Regulations (Canada) or any other regulatory
instrument made under the Canadian Environmental Protection Act, 1999
(Canada) and the Environmental Violations Administrative Monetary Penalties Act
(Canada).
(2) On application by any of the following, the Board must carry out an investigation
under subsection (1):
(
a) a retailer, wholesaler or wholesaler-retailer;
(
b) any person, firm or corporation;
(
c) the Minister.
(3) In investigating the methodology for setting a clean fuel adjustor amount, the
Board may consider any information the Board considers relevant, including any of
the following:
(
a) written submissions from primary suppliers, wholesalers, retailers and the
consumer advocate regarding the financial and administrative burdens
associated with the application of the Clean Fuel Regulations (Canada) or any
other regulatory instrument made under the Canadian Environmental
Protection Act, 1999 (Canada) and the Environmental Violations
Administrative Monetary Penalties Act (Canada);
(
b) conclusions drawn from reports from compliance credit markets under the
Clean Fuel Regulations (Canada);
(
c) the cost of renewable fuel;
(
d) wholesaler and retailer acquisition costs;
(
e) any other information the Board considers relevant to the application of the
Clean Fuel Regulations (Canada) or any other regulatory instrument made
under the Canadian Environmental Protection Act, 1999 (Canada) and the
Environmental Violations Administrative Monetary Penalties Act (Canada).
(4) Following an investigation, the Board may make an order establishing the
methodology for setting a clean fuel adjustor amount, but no order may be made by
the Board until a public hearing or inquiry is held.
(5) The Board may set a clean fuel adjustor amount at any time the Board considers
appropriate, using
(
a) the methodology established in an order made under subsection (4); and
(
b) the criteria and procedure determined by the Board.
(6) The clean fuel adjustor amount must be expressed in Canadian cents per litre to the
nearest one-hundredth of a cent or in another unit of measurement appropriate to
the petroleum product.
Maximum and minimum retail mark-up
(1) When prescribing the minimum and maximum retail mark-ups for a type of
petroleum product in a zone, the Board may consider any factors the Board
considers relevant, including any of the following:
(
a) the retail mark-ups within the Province or a zone for the type of petroleum
product, excluding taxes imposed under subsections 165(1) and 165(2) of the
Excise Tax Act (Canada), over a period of time the Board considers
appropriate;
(
b) whether the retail mark-ups identified under clause (
a) are just and reasonable,
taking into account any of the following:
(
i) the distance from a refinery gate to the boundaries of the zone,
(ii) the volume of petroleum product sold to consumers during the period,
(iii) innovations within the industry;
(
c) whether the petroleum product is sold or purchased at a full-service retail
outlet or a self-service retail outlet;
(
d) whether the minimum retail mark-up will preserve the viability of markets
affected by their proximity to the provincial border.
(2) The minimum and maximum retail mark-ups must be expressed in Canadian cents
per litre to the nearest one-tenth of a cent or another unit of measurement
appropriate to the petroleum product.
Maximum and minimum retail price[s]
(1) For each type of petroleum product, the maximum retail price in a zone is the sum
of all of the following:
(
a) the fixed wholesale price;
(
b) the maximum retail mark-up prescribed by the Board under
Section 18;
(
c) all taxes.
(2) For each type of petroleum product, the minimum retail price in a zone is the sum
of all of the following:
(
a) the fixed wholesale price;
(
b) the minimum retail mark-up prescribed by the Board under
Section 18;
(
c) all taxes.
Informing wholesalers, wholesaler-retailers and retailers of prices
(1) The Board must ensure that all wholesalers and wholesaler-retailers are informed
of the fixed wholesale prices and maximum and minimum retail prices before they
are to take effect.
(2) A wholesaler or wholesaler-retailer must ensure that any retailer to whom it sells a
petroleum product is informed of any price change before it takes effect.
No disclosure of price before in effect
21 Unless authorized by the Board or under the Act or regulations, a wholesaler,
wholesaler-retailer or retailer must not disclose to any person a price set under these
regulations before the date on which the price comes into effect.
Public hearings by Board
(1) The Board is hereby designated under subsection [clause] 14(1)(
g) of the Act to
conduct public hearings respecting any matter within its jurisdiction under these
regulations, including any of the following:
(
a) dividing the Province into zones;
(
b) fixing wholesale prices, maximum retail prices and minimum and maximum
retail mark-ups set under these regulations;
(
c) the effect of promotions on the regulatory scheme established by the Act and
regulations, and has the power to make recommendations to the Minister
about promotions.
(2) The Board may order that some or all of its direct and indirect costs of a hearing be
paid by a participant at the hearing.
(3) If the Board allows applications for funding to intervenors under its hearing
processes and procedures, the funding is an expense of the Board.
Powers and duties of Board
23 The Board has all the powers set out in the Utility and Review Board Act , including the
power to establish its own processes and procedures for fulfilling its functions and duties
under the Act and regulations.
Investigations by Board to ensure matters just and reasonable
(1) With or without notice, the Board may on its own motion investigate whether any
matter within its jurisdiction under these regulations is just and reasonable,
including any of the following matters:
(
a) the boundaries of the zones;
(
b) the fixed wholesale prices;
(
c) the maximum retail prices;
(
d) the minimum and maximum retail mark-ups.
(2) On application by any of the following, the Board must carry out an investigation
under subsection (1):
(
a) a retailer, wholesaler or wholesaler-retailer;
(
b) any person, firm or corporation;
(
c) the Minister.
(3) Following an investigation, the Board may make any order it considers necessary
to ensure any matter within its jurisdiction under these regulations is just and
reasonable, but no order may be made by the Board until a public hearing or
inquiry is held in respect of the matter.
Interim order in emergency situation
24A
(1) In this Section, an “emergency situation” means a situation that in the Board’s
opinion threatens the security of the petroleum supply, including any of the
following situations:
(
a) a disruption to the supply of a petroleum product resulting from an increase in
the rack rate charged to wholesalers and wholesaler-retailers that leads
wholesalers and wholesaler-retailers to not sell a petroleum product because
they are not receiving a sufficient wholesale margin;
(
b) a shortage of supply of a petroleum product to wholesalers and wholesaler-retailers that affects 1 or more zones.
(2) Despite subsection 24(3), in an emergency situation the Board may make an
interim order to temporarily prescribe interim fixed wholesale prices, maximum
retail prices or minimum and maximum retail mark-ups until the public hearing or
inquiry required by subsection 24(3) can be held.
Policies, directives and bulletins of Board
25 The Board may issue general policies, directives, and bulletins consistent with the Act and
these regulations about any matter within the Board’s jurisdiction under these regulations,
including any of the following:
(
a) forward averaging corrections,
(
b) additional margin that may be required for winter blending of the
ultra-low-sulfur diesel oil;
(
c) circumstances when it is appropriate for the Board to prescribe a benchmark
price under subsection 16(5).
When consumer advocate appointed
26 If the Board considers it appropriate, or on direction from the Minister, the Board must
appoint a person to act as a consumer advocate in a hearing before the Board under these
regulations.
Powers and duties of consumer advocate
(1) A consumer advocate must do all of the following:
(
a) participate in all aspects of a hearing before the Board;
(
b) represent the interests of consumers as a full intervenor.
(2) A consumer advocate has all the powers and authority necessary to carry out their
duties under subsection (1) or any other duties assigned by the Board.
Fees and expenses of consumer advocate
(1) The Board may fix fees and expenses of a consumer advocate in performing their
functions and duties.
(2) The fees and expenses referred to in subsection (1)
(
a) are expenses of the Board;
(
b) may include the cost of retaining experts and legal counsel to provide the
consumer advocate with advice, including testimony, on technical and legal
matters.
Information provided to Board
(1) A party to a proceeding before the Board, a wholesaler, wholesaler-retailer or
retailer must give the Board all information required by it to carry out its duties
under the Act and regulations and must give specific answers to all specific
questions asked by the Board.
(2) A wholesaler, wholesaler-retailer or retailer who receives a blank form from the
Board with directions to fill in the form must answer each question on the form
fully and correctly, and if a question is not fully and correctly answered must give a
good and sufficient reason for failing to do so.
(3) The responses given under subsection (2) must be certified by an authorized
representative of the wholesaler, wholesaler-retailer or retailer and returned to the
Board at its office no later than the deadline set by the Board.
(4) If required by the Board, a wholesaler, wholesaler-retailer or retailer must deliver
to the Board any documents, books, accounts, papers, records or memoranda, or
copies of them, in whatever form the Board directs.
Inspection of records by Board
(1) The Board, a member of the Board or a person employed by the Board for that
purpose, has, on demand, the right to inspect the documents, books, accounts,
papers, records and memoranda of a wholesaler, wholesaler-retailer or retailer.
(2) A person other than a Board member who makes a demand under subsection
(1) must produce their authority to make the inspection or examination.
Examination under oath
31 The Board or a member of the Board has the power to examine, under oath, an officer,
agent or employee of a wholesaler, wholesaler-retailer or retailer in relation to its business
and affairs.
Transitional–retailers remain opted out of regulations or not opted out of regulations
(1) A retailer who opted out of the regulations with respect to the wholesale price and
retail mark-up of a petroleum product under any previous regulations respecting
petroleum pricing made under the Act and who remained opted out of the
regulations on September 30, 2009, continues to be opted out under these
regulations until the retailer notifies the Minister under
Section 7 or 8.
(2) A retailer who decided not to opt out of the regulations with respect to the
wholesale price and retail mark-up of a petroleum product under any previous
regulations respecting petroleum pricing made under the Act and who remained
not opted out of the regulations on September 30, 2009, continues to be not opted
out under these regulations until the retailer notifies the Minister under
Section 7 or
________________________________________________________________
Schedule 1—Calculation of Carbon Price for Gasoline and Ultra-Low-Sulfur Diesel
( Petroleum Products Pricing Regulations , subsection 17(1))
Definitions for this
Schedule
In this Schedule,
“auction” means an auction of emission allowances under the Cap-and-Trade
Program Regulations ;
“ Cap-and-Trade Program Regulations ” means the Cap-and-Trade Program
Regulations made under the Environment Act ;
“Consumer Price Index” means the all-items Consumer Price Index for Nova
Scotia, not seasonally adjusted, published by Statistics Canada under the authority
of the Statistics Act (Canada);
“emission allowance” means an emission allowance sold at an auction;
“floor price” means the minimum price in Canadian dollars of an emission
allowance as determined under the Cap-and-Trade Program Regulations ;
“GHG” means greenhouse gases measured as carbon dioxide equivalent
calculated in accordance with the Quantification, Reporting and Verification
Regulations made under the Environment Act ;
“settlement price” means the final sale price in Canadian dollars of an emission
allowance as determined under the Cap-and-Trade Program Regulations .
Formulas for Calculating Carbon Price for Gasoline
Formula 1.0—total carbon price per litre of gasoline
The formula for calculating the total carbon price per litre of gasoline is as follows:
in which
TCL gas_t =total carbon price per litre, rounded to the nearest one-hundredth of a
cent
SA gas_t = settlement price adjustment as calculated under Formula 1.1, rounded to
the nearest one-hundredth of a cent
C = adjustment to account for the number of months between the most
recently held auction and the next scheduled auction, as calculated under
Formula 1.2, or, after the final auction held in 2023, 6 for 180 days
Formula 1.1—settlement price adjustment
The formula for calculating the settlement price adjustment is as follows:
in which
SA gas_t = settlement price adjustment rounded to the nearest one-hundredth
of a cent
CP t = price per tonne of GHG based on the settlement price at the most
recent auction
FP t = floor price at the most recent auction
423.549 = equivalent in litres of gasoline of 1 tonne of GHG
0.2 = proportion of emission allowances that a fuel supplier emitter
must purchase
100 = equivalent in cents of 1 dollar
Formula 1.2—adjustment for months between auctions
The formula for calculating the adjustment to account for the months between auctions is as
follows:
in which
C = adjustment to account for the number of months between the most
recently held auction and the next scheduled auction
AY = for 2020, the number of auctions scheduled to be held in 2020, for 2021
and each subsequent year the number of auctions held in the previous
calendar year
AM = the number of months between the most recently held auction and the
next scheduled auction
Formulas for Calculating Carbon Price for Ultra-Low-Sulfur Diesel
Formula 2.0—total carbon price per litre of ultra-low-sulfur diesel oil
The formula for calculating the total carbon price per litre of ultra-low-sulfur diesel oil is as
follows:
in which
TCL diesel_t = total carbon price per litre, rounded to the nearest one-hundredth
of a cent
SA diesel_t =settlement price adjustment as calculated under Formula 2.1, rounded to
the nearest one-hundredth of a cent
C = adjustment to account for the number of months between the most
recently held auction and the next scheduled auction, as calculated under
Formula 2.2, or, after the final auction held in 2023, 6 for 180 days
Formula 2.1—settlement price adjustment
The formula for calculating the settlement price adjustment is as follows:
in which
SA diesel_t = settlement price adjustment rounded to the nearest one-hundredth
of a cent
CP t = price per tonne of GHG based on the settlement price of the most
recent auction
FP t = floor price at the most recent auction
332.557 = equivalent in litres of ultra-low-sulfur diesel of 1 tonne of GHG
0.2 = proportion of emission allowances that a fuel supplier emitter
must purchase
100 = equivalent in cents of 1 dollar
Formula 2.2—adjustment for months between auctions
The formula for calculating the adjustment to account for the number of months between
auctions is as follows:
in which
C = adjustment to account for the number of months between the most
recently held auction and the next scheduled auction
AY = the number of auctions scheduled to be held in,
(
i) for 2020, the calendar year 2020,
(ii) for 2021 and each subsequent year, the previous calendar year
AM = the number of months between the most recently held auction and the
next scheduled auction
Legislative History
Reference Tables
Petroleum Products Pricing Regulations
N.S. Reg.
286/2009
Petroleum Products Pricing 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 Petroleum Products Pricing Regulations made
under the Petroleum Products Pricing Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
286/2009
Oct 1, 2009
date specified
Oct 9, 2009
128/2010
Aug 24, 2010
date specified
Sep 10, 2010
121/2018
Jul 3, 2018
date specified
Jul 20, 2018
192/2018
Nov 13, 2018
date specified
Nov 23, 2018
327/2022
Jan 1, 2023
date specified
Dec 30, 2022
95/2023
Jun 2, 2023
date specified
Jun 16, 2023
33/2025
Feb 18, 2025
date specified
Mar 7, 2025
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
3, defn . of “agent” ............................
rep. 33/2025
3, defn . of “Argus Media” ................
ad. 121/2018; rep. 33/2025
3, defn . of “benchmark price” ..........
am.
95/2023
3, defn . of “ Bloombergs Guide” .......
rep. 33/2025
3, defn . of “CBOB” ..........................
ad. 95/2023
3, defn . of “clean fuel adjustor” .......
ad. 95/2023
3, defn . of “gasoline” ........................
am.
95/2023
3, defn . of “Oil Price
Information Service” ..........................................
ad. 121/2018; rep. 33/2025
3, defn . of “Platts Report” ................
rep. 33/2025
3, defn . of “promotion” ....................
ad. 128/2010
3, defn . of “reported product
price” .
rs . 121/2018; am. 95/2023
3, defn . of “spot market” ..................
ad. 95/2023
3, defn . of “spot market
price” .........
ad. 95/2023
3, defn . of “wholesaler’s
return” ......
ad. 33/2025
11(2) .................................................
am.
33/2025
14(2)(b) .............................................
am. 128/2010, 121/2018
15 ......................................................
rs . 128/2010
15A ...................................................
ad. 121/2018
15B ...................................................
ad. 121/2018
15 B( 1) .........................................
am.
95/2023; ra. as 15B(1A) 33/2025
15B(1)(a) .....................................
am.
95/2023
15B(1)(b) .....................................
rs . 95/2023
15B(1)(c) .....................................
rs . 95/2023
15B(1)(d) .....................................
rs . 95/2023
15 B( 1) .........................................
ad. 33/2025
15B(1A) ......................................
ra. from 15 B( 1) 33/2025
15B(1 A)( c) ..................................
am. 33/2025
15B(1 A)( d) ..................................
rep. 33/2025
15 B( 2) .........................................
am.
95/2023
15B(3)(b) .....................................
rs . 33/2025
15C ...................................................
ad. 95/2023
15C(7)(b) .....................................
rs . 33/2025
16(2) .................................................
rs . 95/2023
16(2A)-(2D) .....................................
ad. 95/2023
16(3) .................................................
am. 121/2018
16(4) .................................................
am. 192/2018
17(1)(e) .............................................
ad. 192/2018
17(1)(e)(ii)(B) .............................
am.
95/2023
17(1)(f)-(g) .......................................
ad. 95/2023
17(1A)-(1B) ......................................
ad. 327/2022
17(4)(d) .............................................
rs . 121/2018
17(4)(e) .............................................
ad. 121/2018
17(4)(f) .............................................
ad. 121/2018 ; am. 95/2023
17(4)(g)-(h) .......................................
ad. 121/2018
17(4)(i) .............................................
ad. 121/2018 ; am. 95/2023
17(4)(j) .............................................
ad. 121/2018
17(5) .................................................
am. 192/2018
17A ...................................................
ad. 95/2023
17A(2)(b) ....................................
rs . 33/2025
24(2)(b) .............................................
rs . 33/2025
24A ...................................................
ad. 121/2018
25(b) .................................................
am. 121/2018
Schedules
Schedule 1 ........................................
ad. 192/2018
Formulas for Calculating Carbon Price for Gasoline
Formula 1.0 ......................................
rs . 327/2022
Formula 1.1 ......................................
rep. 327/2022
Formula 1.1 ......................................
ra. from 1.3 327/2022
Formula 1.2 ......................................
rep. 327/2022
Formula 1.2 ......................................
ra. from 1.4 327/2022
Formula 1.3 ......................................
ra. as 1.1 327/2022
Formula 1.4 ......................................
ra. as 1.2 327/2022
Formulas for Calculating Carbon Price for Ultra-Low-Sulfur Diesel
Formula 2.0 ......................................
rs . 327/2022
Formula 2.1 ......................................
rep. 327/2022
Formula 2.1 ......................................
ra. from 2.3 327/2022
Formula 2.2 ......................................
rep. 327/2022
Formula 2.2 ......................................
ra. from 2.4 327/2022
Formula 2.3 ......................................
ra. as 2.1 327/2022
Formula 2.4 ......................................
ra. as 2.2 327/2022
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
Note
Effective
date
The reference in s. 11(2) to the Minister of Finance
should be read as a reference to the Minister of Finance and Treasury Board
in accordance with OIC 2013-348 under the Public
Service Act , R.S.N.S. 1989, c.376.
Oct 22, 2013
The Cap-and-Trade Regulations referred to in
Schedule 1 to these regulations are repealed by N.S. Reg. 249/2024.
Dec. 11, 2024
The Quantification, Reporting and Verification
Regulations referred to in
Schedule 1 to these regulations are repealed
by N.S. Reg. 250/2024.
Dec. 11, 2024
The Utility and Review Board
Act referred to in these regulations is repealed and replaced by the Energy and Regulatory Boards Act , S.N.S. 2024, c. 2, Sch. A, effective on proclamation (N.S. Reg
233/2024).
Apr 1, 2025
The reference in the definition of
“Board” to the Utility and Review Board should be read as a reference to the Energy
Board under the Energy and Regulatory Boards Act , S.N.S. 2024, c. 2,
Sch A, in accordance with ss. 5(1)(
d) and 41(1) of that Act, effective on
proclamation (N.S. Reg 233/2024) .
Apr 1, 2025
Repealed and Superseded:
N.S.
Regulation
Title
In force
date
Repealed
date
97/2006
Petroleum Products Pricing Regulations
Jul 1, 2006
Oct 1, 2009
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.