Facility Regulations

N.S. Reg. 22/2000

Nova Scotia — Regulations

Facility Regulations

N.S. Reg. 22/2000

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.

Gas Plant Facility Regulations

made under

Section 29 of the

Energy Resources Conservation Act

R.S.N.S. 1989, c. 147 and

Section 44 of the

Pipeline Act

R.S.N.S. 1989, c. 345

O.I.C. 2000-63 (effective March 1, 2000), N.S. Reg. 22/2000

amended to O.I.C. 2015-96 (effective April 1, 2015), N.S. Reg. 99/2015

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

Interpretation

Application of regulations

Administrator

Delegation

Permit to construct

Licence to operate

Form of application

Application for permit or licence

Application for amendment of permit or licence

Application to renew

Application fee

Fees and costs

Application procedures

Review of applications

Submission or amendment to documents ordered by Board

Transfer or assignment

Suspension or termination of permit or licence

Contracted services

Process safety management program developed and implemented

Reporting

Inspections

Permit or licence holder audit or inspection reports

Independent audit or inspection reports

Certifying authority

Abandonment

Confidential business information

Effective date

Citation

Interpretation

Application of regulations

Administrator

Delegation

Permit to construct

Licence to operate

Form of application

Application for permit or licence

Application for amendment of permit or licence

Application to renew

Application fee

Fees and costs

Application procedures

Review of applications

Submission or amendment to documents ordered by Board

Transfer or assignment

Suspension or termination of permit or licence

Contracted services

Process safety management program developed and implemented

Reporting

Inspections

Permit or licence holder audit or inspection reports

Independent audit or inspection reports

Certifying authority

Abandonment

Confidential business information

Effective date

Citation

1 These regulations may be cited as the Gas Plant Facility Regulations .

Interpretation

(1) In these regulations,

(a) “abandon” means to permanently remove a gas plant facility from service

pursuant to

Section 23 or to declare it abandoned by the owner, operator,

person responsible, inspector or the Board;

(b) “Administrator” means a person designated by the Minister pursuant to

Section 4 of these regulations and includes an acting administrator;

(c) “Acts” means the Energy Resources Conservation Act and the Pipeline Act and

includes regulations made pursuant to the Acts;

(d) “application” means an application made to the Board pursuant to these

regulations and includes an application

(

i) for a permit or licence,

(ii) to change, modify or expand the activity that is the subject of a permit or

licence,

(iii) to amend a term or condition of, add a term or condition to or delete a

term or condition from a permit or licence,

(iv) to renew a permit or licence;

(da) “audit” means a systematic review that verifies conformance with established

guidelines and standards and employs a well-defined review process to ensure

consistency and to allow the auditor to reach defensible conclusions;

(db) “battery” means a system or arrangement of tanks or other surface equipment

that receives fluid from or delivers fluid to one or more sources, and includes

all of the following:

(

i) an injection plant,

(ii) a pump station, and

(iii) equipment or a device designed to separate fluid into oil, gas and water

and to measure the amount of oil, gas and water;

(e) “Board” means the Nova Scotia Utility and Review Board;

(ea) “CAN/CSA Z276-01” means Canadian Standards Association standard

CAN/CSA Z276-01 “Liquefied Natural Gas (LNG) - Production, Storage and

Handling” , as amended;

(eb) “code of practice” means a guideline prepared or adopted by the Minister or

Administrator and, with respect to a LNG plant, means the Nova Scotia Code

of Practice for LNG Plants , as amended, published by the Department;

(f) “Energy Board” means the Energy and Mineral Resources Conservation Board

established pursuant to the Energy Resources Conservation Act and includes a

person to whom duties or responsibilities of the Energy Board are delegated

pursuant to

Section 12 of that Act;

(fa) “fees” include[s] amounts payable to the Board

(

i) upon application for a permit or licence,

(ii) for renewal, amendment, suspension, expansion, consolidation, transfer,

assignment, cancellation, reinstatement or abandonment of a permit or

licence, and

(iii) for the purpose of recovering all or part of such direct and indirect

expenses as the Board determines to be attributable to its responsibilities

under the Acts or these regulations;

(fb) “fluid” means natural gas, natural gas liquids or liquefied natural gas;

(fc) “fracturization plant” means a plant that separates a fluid into its constituted

elements;

(g) “gas” means

(

i) raw gas, including coal gas or any constituent of raw gas, or

(ii) marketable gas, including condensate, propane, butane and ethane;

(h) “gas plant facility” means a plant used for processing, extracting or converting

a fluid, including all structures located within the boundaries of the plant, such

as compressors and other structures integral to the transfer of a fluid, and

includes all of the following

(

i) a battery processing plant,

(ii) a gas processing plant,

(iii) a fracturization plant,

(iv) a liquefied natural gas plant,

(

v) a straddle plant;

(ha) “incident” means an unusual or unexpected occurrence that results in, or has

the potential to result in,

(

i) serious injury to a person,

(ii) significant damage to property,

(iii) significant adverse environmental impact, or

(iv) a major interruption of process operations;

(hb) “inspection” means the process of physically examining a gas plant facility;

(i) “licence” means a licence issued pursuant to the Acts or these regulations to

operate a gas plant facility;

(ia) “liquified natural gas” means a fluid in a liquid state that is composed

predominately of methane and that may contain minor quantities of ethane,

propane, nitrogen or other components found in natural gas;

(ib) “liquefied natural gas plant” or “LNG plant” means a plant used to store

liquefied natural gas and includes a plant that conditions, liquefies, transfers or

vaporizes liquefied natural gas;

(ic) “marketable gas” means a gaseous mixture that

(

i) is composed primarily of methane originating from raw gas that is

processed, if necessary, to remove or partially remove some constituents,

and

(ii) meets specifications for use as a domestic, commercial or industrial fuel

or as an industrial raw material;

(j) “Minister” means the Minister of Energy;

(ja) “natural gas” means gaseous forms of hydrocarbons, principally methane, with

minor amounts of ethane, propane, butanes, pentanes and hexanes along with

non-hydrocarbon impurities such as nitrogen, carbon dioxide and hydrogen

sulfide;

(k) “operate” includes repair, maintain, deactivate and reactivate;

(l) “permit” means a permit issued pursuant to the Acts or these regulations to

construct a gas plant facility;

(la) “process safety management program” means a program required by and in

accordance with

Section 17B;

(lb) “raw gas” means a mixture that

(

i) contains some or all of the following:

(

A) methane or other paraffinic hydrocarbons,

(

B) nitrogen,

(

C) carbon dioxide,

(

D) hydrogen sulfide,

(

E) helium and minor impurities,

(ii) is recovered or is recoverable at a well from an underground reservoir,

and

(iii) is gaseous at the conditions under which its volume is measured or

estimated;

(m) “straddle plant” means a gas plant facility that is located on a pipeline

transporting marketable gas that is used for the purpose of reprocessing the

marketable gas;

(n) “transfer of fluid” includes transfer between storage containers and points of

receipt or shipment by pipeline, tank car, tank vehicle or marine vessel.

(2) Wherever a word or an expression defined by the Acts or these regulations is used in

these regulations, it has the same meaning given to it by the Acts or these regulations

except where a contrary intention is expressed or necessarily implied.

Application of regulations

(1) These regulations apply to a gas plant facility designed, constructed, operated or

abandoned in the Province after March 1, 2000.

(2) These regulations do not apply to an oil refinery.

(3) Permits or licences issued prior to the effective date of these regulations continue in

force.

(4) No person shall make or authorize an expansion, modification or major change to a

gas plant facility for which a permit or licence described in subsection (3) exists

unless the Board amends the permit or licence pursuant to

Section 10.

Administrator

(1) The Minister shall designate an Administrator to administer these regulations.

(2) The Administrator shall be responsible for preparing

(

a) interpretations of these regulations;

(

b) amendments to these regulations; and

(

c) policies, standards and guidelines under these regulations.

Delegation

5 Pursuant to

Section 12 of the Energy Resources Conservation Act and

Section 40 of the

Pipeline Act , the Governor in Council approves the delegation by the Energy Board to the

Board of the powers, duties or authorities conferred or imposed upon the Energy Board

under the Acts to administer and enforce these regulations.

Permit to construct

(1) No person shall construct or authorize the construction of a gas plant facility unless a

permit has been issued for that gas plant facility and the permit is in force.

(2) No person shall construct or authorize the construction of a gas plant facility

that gas plant facility.

Licence to operate

(1) No person shall operate or authorize the operation of a gas plant facility unless a

licence has been issued for that gas plant facility and the licence is in force.

(2) No person shall operate or authorize the operation of a gas plant facility otherwise

plant facility.

Form of application

(1) The Board may prescribe a form for an application for a permit or licence.

(2) An application shall be made and signed by

(

a) a person who is an authorized signatory of the applicant, in the case of an

application for a permit or licence; or

(

b) a person who is an authorized signatory of the permit or licence holder, in the

case of an application for a change, amendment or renewal referred to in

subclauses 2(d)(ii), (iii) or (iv).

(3) An agent of a person identified in clause 2(

a) or (

b) may sign on their behalf if the

agent produces proof of authorization to sign the application.

Application for permit or licence

(1) Unless the Board otherwise directs in writing, the applicant shall apply to the Board

(

a) for a permit, at least 90 days prior to proposed construction; and

(

b) for a licence,

(

i) at least 30 days prior to the commencement of operations, or

(ii) where information has not already been filed pursuant to subsection (2),

at least 90 days prior to the commencement of operations.

(2) The following information shall accompany an application pursuant to subsection

(1):

(

a) the design, capacity and general description of the gas plant facility;

(b) [repealed]

(

c) the procedures for project quality assurance and quality control, including audit

and corrective action procedures;

(d) [repealed]

(

e) an employment and training plan that gives first consideration to Nova

Scotians and those who are disadvantaged;

(

f) a commitment to hire employees from the qualified local labour force and use

local services where qualified and competitive;

(

g) a goods and services procurement plan for the gas plant facility and a

timeframe respecting the solicitation of tenders for the goods and services that

allow Nova Scotia suppliers to participate;

(ga) information required by a code of practice;

(

h) such other information as the Board may require pursuant to subsection 9(1).

(3) The principles of full and fair opportunity and first consideration for Nova Scotians

shall also be addressed as part of the information provided pursuant to clauses (2)(e),

(

f) and (g).

Application for amendment of permit or licence

(1) On the application by the permit or licence holder, the Board may amend a term or

condition of, add a term or condition to, or delete a term or condition from a licence

or permit, if the Board considers it appropriate to do so.

(2) Subject to subsection (1), no person shall change the design of a gas plant facility

without first applying to the Board for an amendment or modification of an existing

permit or licence.

(3) An application for an amendment of a permit or licence shall contain the following

information:

(

a) any process changes which may have a substantial impact; and

(

b) such other information as may be required by the Board.

(4) Unless the Board otherwise directs, the owner, operator or person responsible for a

gas plant facility shall ensure that all modifications, repairs and expansions comply

with subsection 15(1).

Application to renew

(1) A permit or licence issued under these regulations may be renewed for further terms

of no longer than 10 years each.

(2) An application to renew a licence or permit shall comply with these regulations and

contain such other information as may be required by the Board.

Application fee

(1) An application shall be accompanied by a non-refundable fee of $124.65.

(2) The Board may bill the applicant for all reasonable costs and expenses in excess of

$124.65 that are incurred directly by the Board to process an application and the

applicant shall pay the additional amount before a permit or licence is issued.

(3) If circumstances require, the applicant and the Minister may request the Board to

provide documentation to support any bill issued under subsection (2).

(4) Any conflicts respecting documentation provided in subsection (3) may be submitted

to be resolved through alternative dispute resolution.

(5) If the Board refuses to issue a permit or licence, the Board shall advise the applicant

in writing of the decision together with reasons and forward a copy to the Minister.

Fees and costs

12A(1) The Board may set fees and may order that the fees be paid as the Board considers

appropriate.

(2) The Minister may recover costs for services rendered under the Acts or these

regulations by the Minister, the Department of Energy, or the Administrator.

(3) If circumstances require, a person who is billed under subsection (1) or (2) may ask

the Board or the Minister, as the case may be, for documentation to support the bill.

Application procedures

(1) The Board shall determine what information is necessary or required to carry out its

powers and duties under the Acts and these regulations and to be submitted with an

application.

(2) Except where otherwise required by the Acts or the Utility and Review Board Act , all

procedures shall be as the Board may determine.

Review of applications

14 Upon receipt of an application, the Board may

(

a) require an applicant to submit any additional information the Board considers

necessary;

as the Board prescribes;

(

c) amend a permit or licence previously issued to or held by the applicant, subject

(

d) refuse to issue a permit or licence to the applicant; or

(

e) cancel a permit or licence previously issued to or held by the applicant and

replace it with a new permit or licence.

Submission or amendment to documents ordered by Board

14A(1) The Board may order a holder of a permit or licence to submit, within a specified

time, a design, specification, program, manual, practice, procedure, measure, plan or

other document that is required to be developed by the holder of the permit or

licence under these regulations or by the Board when

(

a) the holder of the permit or licence makes an application to the Board; or

(

b) the Board receives information that the design, construction, operation or

abandonment of the gas plant facility, or a part of it, is causing or may cause a

hazard to public safety or in the public interest.

(2) The Board may order a holder of a permit or licence to amend a design,

specification, program, manual, practice, procedure, measure, plan or other

document that is required to be developed by the holder of the permit or licence

under these regulations or by the Board if the Board considers the amendments to be

necessary for public safety or in the public interest.

(1) The holder of a permit or licence shall ensure that the gas plant facility is designed,

constructed, operated and abandoned in accordance with

(

a) the Acts;

(

b) these regulations;

regulations;

(

d) any designs, specifications, or plans developed and approved by the Board in

accordance with these regulations;

(

e) any applicable codes or standards, as amended from time to time, that apply to

the gas plant facility including, with respect to a LNG plant, CAN/CSA

Z276-01;

(ea) the design, specification, program, manual, practice, procedure, measure, plan

and other documents developed or implemented by the holder of the permit or

licence in accordance with these regulations, codes of practice or as directed or

ordered by the Board; and

(

f) all other laws of general application, including the Environment Act and the

Occupational Health and Safety Act .

(2) Unless the Board otherwise directs, the holder of a permit or licence shall develop,

maintain and apply quality control, quality assurance and process safety management

programs in respect of the design, construction, operation, and abandonment of a gas

plant facility.

(3) No permit or licence issued under these regulations shall be in force for a period

longer than 10 years.

(4) The Board may require that a bond or other form of financial security be posted with

the Board as a term and condition of the permit or licence.

(5) A holder of a permit or licence shall comply with a direction or order of the Board

made under these regulations.

Transfer or assignment

(1) No person shall transfer or assign a permit or licence without the written approval of

the Board, which shall not be unreasonably withheld.

(2) A permit or licence holder or proposed assignee of a permit or licence may apply to

the Board for an amendment to the permit or licence to formally recognize the

proposed assignee as the permit or licence holder.

(3) An assignee of a permit or licence is subject to the duties, obligations and liabilities

be imposed by the Board, and the assignor is relieved of the duties, obligations and

liabilities under the permit or licence.

(4) Where there is a change in the name of the holder of a permit or licence, the holder

of the permit or licence shall advise the Board in writing within 30 days of the

change.

(5) The sale of a controlling interest of a partnership or company that holds a permit or

licence or the transfer of a permit or licence from a parent company to a subsidiary is

deemed to be a transfer requiring the written approval of the Board.

Suspension or termination of permit or licence

(1) Where the Board believes on reasonable and probable grounds that a person who

holds a permit or licence has contravened or will contravene

(

a) the Acts;

(

b) these regulations; or

(

c) a term or condition of the permit or licence,

the Board may suspend or terminate the permit or licence.

(2) The Board shall give the permit or licence holder prior notice of its intent to suspend

or terminate and a reasonable time period to remedy any breach or default.

(3) On suspension or termination of a permit or licence pursuant to subsection (1), the

Board shall immediately give notice in writing to the permit or licence holder,

together with reasons for the suspension or termination of the permit or licence.

(4) A copy of the notice under subsection (3) shall be forwarded to the Minister.

(5) The Board may reinstate a permit or licence as originally issued at any time it

considers appropriate to do so.

Contracted services

17A(1) If a holder of a permit or licence contracts services for the design, construction,

operation or abandonment of a gas plant facility, the holder of the permit or licence

shall

(

a) inform the contractor of all conditions or features that are special to the design,

construction, operation or abandonment;

(

b) inform the contractor of all special safety practices and procedures to be

followed as a result of any special conditions or features;

(

c) take all reasonable steps to ensure that design, construction, operation and

abandonment activities are conducted in accordance with

Section 15; and

(

d) authorize a person to halt a construction, operation or abandonment activity if

in the person’s judgement, the construction, operation or abandonment activity

(

i) is not being conducted in accordance with

Section 15, or

(ii) is creating a hazard to public safety.

(2) The holder of a permit or licence shall ensure that the person they contract under

subsection (1) has sufficient expertise, knowledge and training to competently carry

out the contracted work.

Process safety management program developed and implemented

17B A holder of a permit or licence shall develop and implement a process safety management

program to anticipate, prevent, manage and mitigate potentially hazardous conditions and

exposure to those conditions during construction, operation, abandonment and emergency

activities.

Reporting

(1) A permit or licence holder shall, in the time periods prescribed, file with the Board

such reports and returns as may be prescribed in the regulations, contained in

documents referred to in

Section 15, contained in the permit or in the licence or as

may be requested by the Board.

(2) Unless the Board otherwise directs, a licence holder shall, not later than the 15 th day

of each month, file with the Board on forms furnished or approved by the Board, a

full report of the gas, natural gas liquids or other products processed during the

preceding month, showing

(

a) volumetric unit (cubic metres) of condensate, raw gas or marketable gas

received at the gas plant facility;

(

b) volumetric unit (cubic metres) of the marketable gas, ethane, propane, butane,

pentane plus, natural gas liquids mix or other products derived from

condensate, raw gas or marketable gas;

(

c) such other information as may be required by the Board.

(3) The Board may vary the reporting requirements outlined in this Section.

(4) The permit or licence holder shall develop a record retention and handling system

and submit it to the Board for approval.

(5) The Minister may request, and the Board shall immediately deliver, copies of any

information filed under these regulations.

(6) The holder of a permit or licence shall immediately notify the Board of an incident at

a gas plant facility followed by any written reports that are required under a code of

practice or by the Board.

Inspections

(1) It is a term and condition of every permit or licence that the holder shall

immediately on request permit an inspector employed or hired by the Board or the

Minister to carry out an inspection of any place, other than a dwelling house, to

which the permit or licence relates.

(2) The owner, operator or person responsible for a gas plant facility shall

(

a) give the inspector all reasonable assistance to enable the inspector to carry out

the inspector’s powers and duties;

(

b) furnish all information relating to the exercise of the inspector’s powers or

duties that the inspector may reasonably require.

(3) On entering any place an inspector shall, on request, produce an identification card

provided by the Board, the Minister or the Province and provide reasons for the

entry.

Permit or licence holder audit or inspection reports

(1) A permit or licence holder shall, at its own cost, conduct documented audits and

inspections as directed by the Board to ensure that its gas plant facility is designed,

constructed, operated or abandoned in compliance with

(

a) the Acts;

(

b) these regulations; and

(2) The audit referred to in subsection (1) shall document

(

a) all non-compliance noted; and

(

b) the corrective actions taken or planned.

(3) A copy of all audits and inspections shall be filed with the Board upon completion.

(4) The Minister may request, and the Board shall immediately deliver, copies of any

audits or inspections filed with the Board.

Independent audit or inspection reports

(1) When a person constructs or operates a gas plant facility, a contractor independent of

any contractor retained by the permit or licence holder shall, upon request of the

permit or licence holder and the Board, audit the facility or inspect the construction

or operation and provide an independent audit or inspection report containing

information as to whether the gas plant facility complies with the requirements of the

under these regulations, and such other information requested by the Board.

(2) An inspection referred to in subsection (1) shall be performed by an independent

contractor who, in the opinion of the Board and the permit or licence holder, has

sufficient expertise, knowledge and training to competently carry out the

requirements set out in subsection (1).

(3) Upon request, a copy of a report provided pursuant to this

Section shall be

forwarded to the Minister or to the permit or licence holder.

(4) All costs and expenses for an independent audit or inspection report shall be paid by

the permit or licence holder.

Certifying authority

(1) The Board may engage the services of a person to act as a certifying authority to

perform such duties as are prescribed by the Board, including a determination of

whether the gas plant facility has been or is being constructed, operated, or

abandoned in accordance with the Acts, these regulations and the terms and

conditions of any permit or licence issued.

(2) Every holder of a permit or licence, and every person in charge of or responsible for

a gas plant facility, and every contractor or employee of the permit or licence holder

or person responsible shall permit or assist any member of the Board or any

employee or agent of the certifying authority acting in the exercise of the powers and

duties conferred by subsection (1) and any further authorization provided to the

certifying authority by the Board pursuant to the Acts and these regulations.

(3) On the completion of the duties described in subsection (1), the certifying authority

shall provide the Board with a report that shall

(

a) advise whether the gas plant facility has been or is being constructed, operated

or abandoned in accordance with the Acts, these regulations, and the terms and

conditions of its permit or licence or an amendment thereto;

(b) [repealed]

(

c) provide such other information as is requested by the Board.

(4) The certifying authority shall be engaged by the Board and shall be selected from a

list of independent third parties who have engaged individuals, or who are

individuals, who are knowledgeable about gas plant facilities.

(5) It shall be a condition of the contract award that an individual selected pursuant to

subsection (4) shall perform the duties of the certifying authority.

(6) The remuneration of the certifying authority shall be paid by the Board and the cost

shall be recovered from the permit or licence holder or from funds realized by the

imposition of fees upon the permit or licence holder.

(7) If circumstances require, the applicant and the Minister may request the Board to

provide documentation to support any bill issued under subsection (6).

(8) Any conflicts respecting documentation provided in subsection (7) may be

submitted to be resolved through alternative dispute resolution.

(9) The report issued by the certifying authority pursuant to this

Section may be used by

the Board to assist it in

(

a) evaluating an application for a permit or licence or in amending, suspending,

canceling or reinstating a permit or licence;

(

b) approving the alteration or modification of the gas plant facility;

(

c) requiring the installation of additional or other equipment in the gas plant

facility; or

(

d) the exercise of its powers and duties conferred by the Act and these

regulations.

(10) Upon request, a copy of the report prepared under this

Section shall be forward to the

Minister or to the permit or licence holder.

Abandonment

(1) A permit or licence holder may abandon all or part of a site covered by a permit or

licence by notifying the Board in writing at least 6 months prior to the date of the

proposed abandonment.

(2) An abandonment plan shall be submitted to the Board for approval at least 6 months

before the date of the proposed abandonment.

(3) Unless the Board approves otherwise in writing, an abandonment pursuant to

subsection (1) does not relieve the permit or licence holder or other responsible

persons of any requirement contained in the Acts, these regulations, a term or

condition of a permit or licence or any direction or order by the Board to be

performed by the permit or licence holder.

(4) Unless the Board directs otherwise in writing, a permit or licence holder shall

comply with obligations identified in subsection (3) for a period of 2 years from the

date of abandonment or for such longer or shorter time period as prescribed in

writing by the Board.

Confidential business information

(1) Information that the applicant claims to be protected under the Freedom of

Information and Protection of Privacy Act , including confidential business

information, shall be clearly identified to the Board together with information to

support a claim, including information required for consideration of the claim under

Section 20 of the Freedom of Information and Protection of Privacy Act .

(2) Where an applicant claims information to be confidential business information, the

Board shall review the claim and, until a decision is made pursuant to subsection (4),

shall take adequate precautions to prevent disclosure of the information.

(3) When reviewing a claim pursuant to subsection (2), the Board may request

additional information to support the claim, including what steps the applicant has

taken to maintain the confidentiality of the information.

(4) Within 14 days following the date of receipt of the claim filed pursuant to

subsection (1) or within such further time as may be agreed upon by the applicant

and the Board, the Board shall advise the applicant in writing whether the claim is

accepted or rejected in whole or in part.

(5) Information accepted to be confidential business information pursuant to subsection

(4) shall not be disclosed to the public and the Board shall take adequate precautions

to prevent the disclosure of the information.

(6) Where the Board rejects a claim under subsection (4) respecting information that is

submitted in an application for a permit or licence, an applicant shall, within 7 days

following the notice under subsection (4), notify the Board in writing that

(

a) the claim is waived and the applicant wishes to continue to proceed with the

application; or

(

b) the application is to be withdrawn, in which case the Board shall immediately

return all of the information submitted with the application to the applicant and

shall take adequate precautions to prevent the disclosure of the information.

Effective date

25 These regulations shall be effective on, from and after March 1, 2000.

Legislative History

Reference Tables

Gas Plant Facility Regulations

N.S. Reg.

22/2000

Energy Resources Conservation 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 Gas Plant Facility Regulations made under the Energy Resources Conservation Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

22/2000

Mar 1, 2000

date specified

Mar 10, 2000

149/2001

Dec 7, 2001

date specified

Dec 28, 2001

137/2005

Jul 8, 2005

date specified

Jul 22, 2005

102/2007

Apr 1, 2007

date specified

Mar 30, 2007

159/2008

Apr 1, 2008

date specified

Apr 18, 2008

101/2009

Apr 1, 2009

date specified

Apr 14, 2009

73/2011

Apr 1, 2011

date specified

Apr 15, 2011

100/2013

Apr 1, 2013

date specified

Apr 12, 2013

99/2015

Apr 1, 2015

date specified

Apr 8, 2015

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

2(1)(a) ...............................................

am. 137/2005

2( 1)( da)-( db ) .....................................

ad. 137/2005

2( 1)( ea )-( eb ) .....................................

ad. 137/2005

2( 1)( fa) .............................................

ad. 149/2001

2( 1)( fb)-(fc) ......................................

ad. 137/2005

2(1)(g)-(h) .........................................

rs . 137/2005

2( 1)( ha)-( hb ) .....................................

ad. 137/2005

2( 1)( ia )-( ic ) .......................................

ad. 137/2005

2(1)(j) ...............................................

rs . 137/2005

2( 1)( ja ) ..............................................

ad. 137/2005

2( 1)( la)-(lb) .......................................

ad. 137/2005

2(1)(n) ...............................................

ad. 137/2005

9(1)(a) ...............................................

am. 137/2005

9(2) ...................................................

am. 137/2005

9(2)(a) ..........................................

am. 137/2005

9(2)(b) .........................................

rep. 137/2005

9(2)(d) .........................................

rep. 137/2005

9( 2)( ga) ........................................

ad. 137/2005

10(2) .................................................

am. 137/2005

10(3)(a) .............................................

am. 137/2005

12(1)-(2) ...........................................

fc. 102/2007, 159/2008, 101/2009, 73/2011, 100/2013,

99/2015

12A ...................................................

ad. 149/2001

12 A( 2) .........................................

am. 137/2005

14A ...................................................

ad. 137/2005

15(1)(e) .............................................

am. 137/2005

15( 1)( ea ) ...........................................

ad. 137/2005

15(2) .................................................

am. 137/2005

15(5) .................................................

ad. 137/2005

17A-17B ...........................................

ad. 137/2005

18(1) .................................................

am. 137/2005

18(4) .................................................

am. 137/2005

18(6) .................................................

ad. 137/2005

21(1) .................................................

am. 137/2005

21(4) .................................................

am. 137/2005

22(1)-(2) ...........................................

am. 137/2005

22(3)(a) .............................................

am. 137/2005

22(3)(b) .............................................

rep. 137/2005

22(4) .................................................

am. 149/2001

23(1) .................................................

am. 137/2005

23(2) .................................................

rs . 137/2005

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

References to the Nova Scotia Petroleum Directorate and

the Minister responsible for the Nova Scotia Petroleum Directorate should be

read as references to the Department of Energy and the Minister of Energy in

accordance with Order in Council 2002-286 under the Public Service Act , R.S.N.S. 1989, c. 376.

(corrected by N.S. Reg.

137/2005)

Jun 17, 2002

References to the Department or Minister of Energy

should be read as references to the Department or Minister of Energy and

Mines in accordance with Order in Council 2018-188 under the Public Service Act , R.S.N.S. 1989, c.

Jul 5, 2018

References to the Department or Minister of Energy

should be read as references to the Department or Minister of Natural Resources and Renewables in

accordance with O.I.C. 2021-210 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

References to the Department or Minister of Energy

should be read as references to the Department or Minister of Energy in accordance with O.I.C.

2024-425 under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Dec. 12, 2024

The Utility and Review Board Act referred to in

s. 13(2) 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 amendments

to the Act made by

Part XI 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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 22/2000
Date2000-01-01
Typeregulation
Volume / chapterjust regulations regs ercgas.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier32f19fb1fd52259adee2f22df621c39bfdcb24e2

Source file is stored in the law ingest library (htm).