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.

Maritime Link Cost Recovery Process Regulations

made under

Section 6 of the

Maritime Link Act

S.N.S. 2012, c. 9

O.I.C. 2012-326 (October 2, 2012), N.S. Reg. 189/2012

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

Definition

Designation as public utility

Requirement for Review Board approval

Application and review

Variance with respect to approved costs

Project report

Assessment and costing approval

Citation

1 These regulations may be cited as the Maritime Link Cost Recovery Process

Regulations .

Definition

2 In these regulations,

“Act” means the Maritime Link Act ;

“greenhouse gas” means a greenhouse gas as defined in the Greenhouse Gas

Emissions Regulations made under the Environment Act ;

“Emera” means Emera Incorporated, a body corporate incorporated under

the laws of the Province, and includes any of its affiliates;

“Nalcor Energy” means Nalcor Energy, a body corporate incorporated under

the laws of the Province of Newfoundland and Labrador, and includes any of

its affiliates;

“Nalcor Transactions” means the transactions with respect to the Maritime

Link Project as set out in the Agreement dated July 31, 2012, between

Emera, Nalcor Energy, the Government of Nova Scotia and the Government

of Newfoundland and Labrador, and for greater certainty includes all of the

following transactions as set out in agreements between Emera and Nalcor

Energy:

(

i) the development of the Maritime Link by Emera,

(ii) the provision to Emera of energy equivalent to 20% of the

estimated capacity of the Muskrat Falls Generating Station,

(iii) the provision to Nalcor Energy of certain transmission rights

through the Province,

(iv) the granting of transmission rights over the Maritime Link,

(

v) the responsibility for operating and maintaining the Maritime

Link,

(vi) the transfer of the Maritime Link to Nalcor Energy following

a period of 35 years after energy is first delivered to Emera;

“Project costs” means all costs incurred by an applicant in connection with

the Maritime Link Project.

Designation as public utility

3 An applicant is deemed to be a public utility within the meaning of the Public

Utilities Act and the Public Utilities Act applies to an applicant.

Requirement for Review Board approval

(1) To obtain a rate, toll, charge or other compensation for services as defined

under the Public Utilities Act , an applicant must first obtain an approval of

the Maritime Link Project under

Section 5.

(2) Once approved under

Section 5, an applicant is entitled to recover Project

costs through a rate, toll, charge or other compensation from Nova Scotia

Power Incorporated in accordance with

Section 8.

(3) An applicant who makes an application under this

Section is not required to

make a separate application under

Section 35 or 35A of the Public Utilities

Act , but once the Review Board has approved an assessment under

Section

8, the applicant is subject to Sections 35 and 35A of the Public Utilities Act

with respect to any new expenditures.

Application and review

(1) The Review Board must approve the Maritime Link Project if, on the

evidence and submissions provided, the Review Board is satisfied that the

project meets all of the following criteria:

(

a) the project represents the lowest long-term cost alternative for

electricity for ratepayers in the Province;

(

b) the project is consistent with obligations under the Electricity Act ,

and any obligations governing the release of greenhouse gases and air

pollutants under the Environment Act , the Canadian Environmental

Protection Act (Canada) and any associated agreements.

(2) An applicant must provide the Review Board with the best information and

evidence available at the time to apply the criteria in subsection (1).

considers necessary.

(4) The Review Board must make a decision under

Section 5 no later than 180

days after the date the applicant submits an application.

(5) An application must include all of the following:

(

a) a statement of the purpose of the Maritime Link Project, including

the reasons for the project and the specific relief being requested of

the Review Board;

(

b) a

summary of the commercial transactions with Nalcor Energy

together with copies of all relevant agreements;

(

c) engineering and design details sufficient to enable the Review Board

to approve the Maritime Link Project in accordance with subsection

(1);

(

d) capital and operating cost estimates for the Maritime Link Project,

including proposed capital structure and return-on-investment;

(

e) capital and operating cost estimates for Muskrat Falls, Labrador

transmission assets and the Labrador Island link, together with

supporting engineering and design evidence;

(

f) an analysis of lowest long-term cost alternatives to the Maritime Link

Project;

(

g) anticipated

schedule of construction and in-service

schedule for the

Maritime Link, as contemplated under the Nalcor Transactions.

Variance with respect to approved costs

(1) If requested by an applicant, the Review Board must establish a variance

with respect to the approved cost of the Maritime Link Project.

(2) The size of the variance must be set by the Review Board.

(3) If at any time there are Project costs that exceed the variance established

under this Section, an applicant must apply to have the excess costs

approved by the Review Board in accordance with

Section 8.

Project report

(1) An applicant must file a project report on the Maritime Link Project

containing the details required by subsection (2) with the Review Board:

(

a) on or before December 31, 2013; or

(

b) on or before another date the Review Board orders, as it considers

necessary as a result of the progress of the Maritime Link Project.

(2) A project report must set out all the following for the Maritime Link Project:

(

b) updated and current cost estimates and actuals;

(

c) any material changes to any of the information submitted to the

Review Board under

Section 5.

Assessment and costing approval

(1) Before receiving energy under the Nalcor Transactions, an applicant must set

an assessment against Nova Scotia Power Incorporated for the recovery of

the all approved Project costs, and must apply to the Review Board for an

approval of the assessment under

Section 64 of the Public Utilities Act .

(2) Nova Scotia Power Incorporated is entitled to recover through its rates any

assessment approved by the Review Board in respect of the Maritime Link

Project.

Legislative History

Reference Tables

Maritime Link Cost Recovery Process Regulations

N.S. Reg.

189/2012

Maritime Link 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 Maritime Link Cost Recovery Process Regulations made

under the Maritime Link Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

189/2012

Oct 2, 2012

date specified

Oct 19, 2012

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The references to the Review Board (Utility and Review

Board) should be read as references to the Regulatory

Appeals 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 XXIII 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.