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Board Electricity Retailers Regulations (Nova Scotia)

made under subsection 5(1B) of the

Electricity Act

S.N.S. 2004, c. 25

N.S. Reg. 180/2025 (effective September 5, 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]

Definitions

Interpretation

Requirement for Retail Supplier Licence

Application for Retail Supplier Licence

Term of licence

Transfer or assignment of licence

Fees and costs

Compliance period

Certification of renewable low-impact electricity

Inquiry respecting compliance with regulations

Licence Suspension, Cancellation, and Reinstatement

Suspension or cancellation

Reinstatement

Reporting

Annual licensing reporting

Compliance reporting

Transfer Requests

Sales and Marketing Practices

Code of conduct

Contracts

Contracting parties

Governing laws

Contracting requirements

Contract assignment

Records Retention

Retention of information

Dispute Resolution Process

Requirements For Small-Volume Customers

Marketing to small-volume customers

Disclosure statement

Rate comparison

Small-volume customer contract requirements

Contract verification

Who may verify a contract

Verification process for small-volume customer contracts

Records retention

Cancellation of contracts

Prohibition on contract aggregation

Prohibition on contract renewals

Notice of contract expiry

Appendix “A”

Board Electricity Retailers Regulations (Nova Scotia) Application for a Retail Supplier

Licence

[Citation]

1 These regulations may be cited as the Board Electricity Retailers Regulations (Nova

Scotia) .

Definitions

(1) In these regulations, unless the context indicates otherwise, words and expressions

have the same meaning as in the Electricity Act and the Renewable Electricity

Regulations enacted under

Section 5 of the Act.

(2) In these regulations

“account holder”, in relation to a premises, means the person listed on the account

of NS Power for the delivery of electricity consumed at the premises, regardless of

whether the person is a customer of a licence holder, in respect of the premises;

“Act” means the Electricity Act ;

“behind-the-meter” means the sale of electricity from a renewable low-impact

electricity generation facility which is directly connected to a load without using

NS Power’s transmission or distribution facilities, including NS Power’s meter

installed at the premises. For greater certainty, the electricity that is sold from a

renewable low-impact electricity generation facility to a directly-connected party is

behind-the-meter, while electricity that is sold from the same facility to another

party through the use of NS Power’s transmission or distribution facilities is not

behind-the-meter;

“blended rate” means the amount of money on a ¢/kilowatt-hour basis, inclusive of

any fees or charges, to be paid by a customer to the retail supplier, but excluding

distribution tariff charges or other charges levied by NS Power that must be passed

through to customers, and is calculated as the total charges excluding distribution

tariff and Board-approved pass-through charges to a customer over the compliance

period divided by the total kilowatt hours of electricity consumed by the customer

over the compliance Period;

“Board” means the Nova Scotia Energy Board;

“bundled-supply” means the account holder is supplied electricity by NS Power;

“certification” means the electricity standard approval issued by the Minister to a

renewable low-impact electricity generation facility under the Renewable

Electricity Regulations ;

“code of conduct” means the code of conduct for the sale of renewable low-impact

electricity approved by the Board;

“compliance period” means the twenty-four month period commencing each

January 1. The initial compliance period shall commence on the date that a licence

is approved and shall end December 31 of the following year, but may exclude any

periods of time determined by the Board to be subject to force majeure;

“compliance plan” means the forecast of renewable low-impact electricity sales to

customers, purchases from renewable low-impact electricity generators, and

generation from renewable low-impact electricity generation facilities owned or

operated by the licence holder;

“contract” means an agreement between a customer and a licence holder for the

supply of renewable low-impact electricity to a single or multiple premises;

“customer” means an account holder, other than an account holder served by a

behind-the-meter installation, who consumes electricity on its premises that the

account holder did not generate and

(

i) with whom a licence holder has entered into a contract; or

(ii) to whom a licence holder is marketing;

“day” means calendar day, unless otherwise specified;

“direct mail transaction” means a paper-based transaction

(

i) initiated by a licence holder mailing or transmitting by facsimile

documents to a customer, which mailing or transmitting may be

solicited or unsolicited by the customer, or

(ii) initiated by a customer obtaining the form of contract using

electronic communication but does not include the completion of the

contracting process through electronic communication;

“disclosure statement” means the information document in the form approved from

time to time by the Board pursuant to

Section 46 of these regulations;

“door-to-door transaction” means a transaction initiated by the attendance of a

salesperson at the premises of a customer, whether or not this attendance was

solicited or unsolicited by the customer;

“electronic communication” means communication created, recorded, transmitted,

or stored in digital form or in other intangible form by electronic, magnetic, or

optical means or by any other means that has capabilities for creation, recording,

transmission, or storage similar to those means. Electronic communication is

primarily conducted over the Internet and includes e-mail correspondence;

“force majeure” means any act, event or circumstances that is not reasonably

foreseeable and beyond a person’s reasonable control, including:

(

i) acts of God;

(ii) flood, tsunami, fire, earthquake, or explosion;

(iii) epidemics and pandemics;

(iv) war, invasion, hostilities (whether war is declared or not), terrorist

threats or acts, riot, or other civil unrest;

(

v) government order, law, or actions;

(vi) embargoes, or blockades;

(vii) national or regional emergency;

(viii) general strikes, labour stoppages or slowdowns, or other industrial

disturbances (other than with respect to the person’s own work

force);

(ix) power outages or shortages, or inability or delay in obtaining supplies

of adequate or suitable materials;

(

x) extreme weather events or grid outages; and

(xi) other similar events beyond the reasonable control of the person;

but, not including any act, event or circumstance, directly or indirectly, arising out

of or attributable to general economic or political events or circumstances; or

conditions generally affecting the industries in which the person operates;

“licence” means a retail supplier licence issued by the Board to a person to sell

renewable low-impact electricity;

“licence holder” means a person issued a licence by the Board;

“marketing” means any activity pertaining to the sale of renewable low-impact

electricity for the purpose of soliciting or inducing a customer to enter into a

contract with a retail supplier, including providing an offer for the customer’s

consideration, and includes in-person communication, direct mail communication,

electronic communication, or telephone communication with customers,

advertising, and any other means by which a retail supplier or its salespersons

interact with a customer for the purpose of solicitation;

“NS Power” means Nova Scotia Power Incorporated;

“point of interconnection” has the same meaning as in the Standard Generator

Interconnection Procedures and Generator Interconnection Agreement;

“premises” means the building or portion of a building that is provided with

electricity through a single meter;

“rate” means the amount of money on a ¢/kilowatt-hour basis, plus any fees or

charges, to be paid by a customer;

“rate comparison” means the electricity rate comparison information in the form

approved from time to time by the Board pursuant to

Section 47 of these

regulations that shows the rate offered by the retail supplier, the current rate

charged by NS Power at the time of marketing, and any other information that the

Board may require;

“regulations” means the Board Electricity Retailers Regulations (Nova Scotia)

enacted under the Act;

“renewable low-impact electricity” has the same meaning as in the Renewable

Electricity Regulations ;

“renewable low-impact electricity generation facility” has the same meaning as in

the Renewable Electricity Regulations ;

“renewable low-impact electricity generator” has the same meaning as in the

Renewable Electricity Regulations ;

“retail supplier” has the same meaning as under the Act;

“salesperson” means a person who is employed by or otherwise conducts

marketing on behalf of a licence holder, or makes representations to a customer on

behalf of a licence holder, for the purpose of effecting sales of renewable low-impact electricity or entering into a contract with a customer;

“small-volume customer” means a customer that qualifies for the domestic service

or small general tariffs who has a contract with a licence holder for a single

premises, and, for clarity, the customer is considered a small-volume customer for

each contract with a licence holder that is for a single premises that qualifies for

the domestic service or small general tariffs;

“telemarketing” means marketing conducted by a licence holder using the

telephone, but excludes the initiation of a direct mail transaction by a customer

using the telephone;

“top-up rate” means the rate charged by NS Power to the licence holder as the

energy charge under the energy balancing services tariff for non-renewable

electricity supplied by NS Power to a customer.

Interpretation

(1) Where a word or phrase is defined in these regulations or the Act, other parts of

speech and grammatical forms of the word or phrase have a corresponding

meaning.

(2) Headings are for convenience only and do not affect the

interpretation of these

regulations.

(3) Words importing the singular include the plural and vice versa. Words importing a

gender include any gender.

(4) Where there is a reference to a number of days between two events in these

regulations, the days shall be counted by excluding the day the first event happens

and including the day the second event happens.

(5) The words “include” or “including” are not used, nor are they to be interpreted, as

words of limitation.

Requirement for Retail Supplier Licence

4 In accordance with

Section 3D of the Act, any person who acts or purports to act as a

retail supplier shall hold a valid licence issued by the Board.

Application for Retail Supplier Licence

(1) An application for a licence shall be in the form attached (Appendix “A”) and shall

be accompanied by the following:

(

a) a cheque in the required amount of $7 500 payable to the Board;

(

b) an irrevocable letter of credit from a recognized financial institution in the

amount of $200 000 payable to the Board to secure performance and

anticipated financial obligations of the proposed licence holder, or

equivalent financial instrument in the same amount payable to the Board if

such substitution is approved by the Board;

(

c) if the applicant is a company, proof of registration under the Corporations

Registration Act , R.S.N.S. 1989, c. 101;

(

d) full legal name, address, phone, facsimile, and e-mail contact information of

any partner(

s) or parent company(

s) or organization(s);

(

e) a listing of any company or organization principals with applicable titles

(proprietor, partner, officer, director or controlling shareholder);

(

f) written consents signed by each proprietor, partner, officer, director, and

controlling shareholder authorizing the Board to conduct a credit review, in

accordance with standard business practices;

(

g) written consents signed by each proprietor, partner, officer, director, and

controlling shareholder authorizing the Board to consult with all law

enforcement agencies and obtain copies of any records pertaining to

criminal convictions for which a pardon has not been granted, records of

discharge, and records of outstanding criminal charges, such consents to

release all such agencies, their members, and employees from any and all

actions, claims and demands, loss, or injury which may result from the

disclosure of information provided by them;

(

h) audited financial statements covering the two immediately preceding fiscal

years or, if the applicant has been formed within the preceding twelve

months and audited financial statements are not available for at least one

year, pro forma financial statements signed by the proprietor, partner,

officer, director, or controlling shareholder of the applicant may be

substituted. If audited financial statements are not available, unaudited

financial statements may be accepted at the discretion of the Board;

(

i) the compliance plan including copies of the contractual arrangements with

renewable low-impact electricity generators and copies of the certification

required in

Section 17. If contractual arrangements have not been executed,

then a letter of intent from a renewable low-impact electricity generator to

enter into a contract for renewable low-impact electricity supply may be

accepted at the discretion of the Board;

(

j) a written description of the applicant’s business background and experience

relating to electricity retailing;

(

k) a written description of the applicant’s general plans with respect to

electricity retailing; and

(

l) any other information which may be deemed necessary by the Board.

(2) Any variance from the requirements set out in subsection 5 (1) shall be formally

requested from and approved by the Board prior to an application being submitted.

Term of licence

6 A licence shall have no expiration date but a licence holder shall be required to file

annual statements as specified in

Section 22 to confirm the accuracy of information

previously filed with the Board regarding that licence holder or provide advice of any

changes.

Transfer or assignment of licence

(1) A licence may not be transferred or assigned without the written consent of the

Board.

(2) A licence holder shall furnish the Board with any information requested by the

Board in support of the proposed transfer or assignment of the licence.

(3) The fee for the transfer or assignment of a licence is $7 500.

(4) The Board may waive the fee set out in subsection 7 (3) at its discretion.

(5) A licence holder shall inform NS Power of any application to the Board to transfer

or assign a licence.

Fees and costs

(1) As set out in clause 5(1)(a), the fee for a licence application and first year of

operation is $7 500 with annual filing fees of $1 500 in each successive year.

(2) Fees are payable to the Board when the application for licence or annual statement

as specified in

Section 22 is filed with the Board.

(3) Costs relating to processing, investigations, infractions, inquiries, or enforcement

activities which are incurred by the Board and exceed the fees received from a

licence holder shall be reimbursed to the Board by the licence holder involved.

9 It shall be a term and condition of a licence that a licence holder shall be subject to and

comply with

(

a) the market rules, tariffs, and procedures approved by the Board;

(

b) the Act, the Renewable Electricity Regulations , and these regulations;

(

c) the code of conduct approved by the Board pursuant to

Section 27;

(

d) any applicable directives, rules, or orders of the Board; and

(

e) any direction by the Board for payment of any costs reasonably incurred

related to hearing complaints or alleged infractions.

Compliance period

(1) In each compliance period, a licence holder’s total purchases or, in the case of a

licence holder that is also a generator, total generation of renewable low-impact

electricity at the point of interconnection that is not sold behind-the-meter, or

combination of purchases and generation, shall equal or exceed the licence holder’s

total sales of renewable low-impact electricity plus transmission and distribution

losses.

(2) If a force majeure has affected or is affecting the retail supplier’s ability to supply

renewable low-impact electricity to its customers, a retail supplier may apply to the

Board to modify or exempt the retail supplier from its obligations under subsection

(1).

(3) An order of the Board under subsection (2) approving a modification or exemption

of a retail supplier’s obligations must require the retail supplier to advise the Board

when the force majeure has ended and may be subject to such other terms and

conditions as the Board considers appropriate.

(3) [4] In an application under subsection (2), or at any point after approving a

modification or exemption of a retail supplier’s obligations, the Board may

require the retail supplier to demonstrate that

(

a) the act, event or circumstance affecting the retail supplier’s ability to supply

renewable low-impact electricity to its customers is curable within a

reasonable time; or

(

b) an alternate supply of renewable low-impact electricity will be available to

its customers within a reasonable time;

failing which, the Board may impose any or all of the remedies in

Section 43.

11 A licence holder shall provide a compliance plan to the Board no later than 60 days prior

to the start of each compliance period that details for the coming compliance period

(

a) the sales plan showing the forecasts of the sales of renewable low-impact

electricity, including numbers of customers differentiated by NS Power’s

rate classes and forecasts of sales by customer, but not including any

behind-the-meter sales;

(

b) forecasts of renewable low-impact electricity purchases from renewable

low-impact electricity generators at the point of interconnection;

(

c) copies of any contractual arrangements with renewable low-impact

electricity generators demonstrating that the licence holder has secured a

sufficient supply to meet its forecasts in (b);

(

d) copies of the certification required in subsection 17(1) from each renewable

low-impact electricity generator that the licence holder contracts with;

(

e) copies of the certification required in subsection 17(2) from each renewable

low-impact electricity generation facility that the licence holder owns or

operates;

(

f) forecasts of renewable low-impact electricity generation at the point of

interconnection if the licence holder owns or operates a renewable low-impact electricity generation facility, net of any behind-the-meter sales; and

(

g) forecasts of transmission and distribution losses

such that the requirements set out in

Section 10 are met.

12 The Board shall review the licence holder’s compliance plan in order to be satisfied that

the licence holder can reasonably be expected to meet its obligations as set out in

Section

13 If a licence holder has not procured or generated sufficient renewable low-impact

electricity to meet its obligations as set out in

Section 10, the licence holder shall refund

to each of its customers or former customers, on a pro-rata basis based on each

customer’s consumption of renewable low-impact electricity, the difference between the

licence holder’s blended rate and 90% of the weighted average top-up rate over the

compliance period, multiplied by the volume of electricity that the licence holder is

deficient in meeting its obligations to each customer as set out in

Section 10. For greater

certainty, the refund to each customer is to be calculated as the licence holder’s blended

rate less 90% of the weighted average top-up rate over the compliance period, multiplied

by the net deficit which is the total kilowatt-hour sales net of behind-the-meter sales, plus

transmission and distribution losses, less the number of kilowatt hours that the licence

holder purchased or generated at the point of interconnection net of behind-the-meter

sales, during the compliance period, pro-rated by the number of kilowatt-hours used by

each customer during the compliance period. If the licence holder’s blended rate less

90% of the weighted average top-up rate over the compliance period is equal to or less

than zero, no refund is due to the customer.

14 The Board may require a licence holder to provide an update of the compliance plan at

any time.

15 The Board may require a licence holder to amend its compliance plan or provide

additional information if the compliance plan is not reasonable in the Board’s opinion.

16 A licence holder that fails to provide a satisfactory

(

a) compliance plan as set out in

Section 11;

(

b) update to the compliance plan as set out in

Section 14; or

(

c) amended compliance plan as set out in

Section 15

may have its licence suspended or cancelled as set out in

Section 19.

Certification of renewable low-impact electricity

(1) A licence holder that purchases renewable low-impact electricity from a renewable

low-impact electricity generator shall obtain proof of certification from the

renewable low-impact electricity generator.

(2) A licence holder that generates renewable low-impact electricity at a renewable

low-impact electricity generation facility owned or operated by the licence holder

shall obtain certification.

Inquiry respecting compliance with regulations

18 The Board may appoint or direct any duly qualified person to make an inquiry and report

upon a licence holder’s compliance with these regulations, and may also direct by whom,

and in what proportion, the costs and expenses incurred in making the inquiry and report

shall be paid, and may fix the amount of the costs and expenses.

Licence Suspension, Cancellation, and Reinstatement

Suspension or cancellation

19 The Board may cancel or suspend a licence if it determines that the licence holder has

contravened the Act, these regulations, the code of conduct, or its licence.

20 A licence holder whose licence is suspended may no longer conduct marketing to

customers.

Reinstatement

21 A licence holder may apply for reinstatement of a licence that was suspended as set out

Section 19 if it provides any or all of

(

a) a plan, satisfactory to the Board, to address and correct contraventions of the

Act, these regulations, the code of conduct, or its licence and prevent future

contraventions;

(

b) a compliance plan satisfactory to the Board; or

(

c) any other information requested by the Board

as directed by the Board.

Reporting

Annual licensing reporting

22 A licence holder shall provide the following information, as applicable, to the Board no

earlier than 60 days and no later than 30 days prior to the anniversary of the licence:

(

a) proof of registration under the Corporations Registration Act , R.S.N.S.

1989, c. 101;

(

b) any changes to the full legal name, address, phone, facsimile, and e-mail

contact information of any partner(

s) or parent company(

s) or

organization(s), or confirmation that no changes have occurred;

(

c) any changes to the listing of the company or organization principals with

applicable titles (proprietor, partner, officer, director, or controlling

shareholder) from the previous year’s filing, or confirmation that no changes

have occurred;

(

d) audited financial statements for the most recently completed fiscal year. If

audited financial statements are not available, unaudited financial statements

may be provided at the discretion of the Board; and

(

e) any other information which may be requested by the Board.

Compliance reporting

(1) A licence holder shall demonstrate to the Board that the licence holder’s total

purchases or, in the case of a licence holder that is also a renewable low-impact

electricity generator, total generation of renewable low-impact electricity, or

combination of purchases and generation, equals or exceeds the licence holder’s

obligations as set out in

Section 10 after taking into account transmission and

distribution losses.

(2) Within 30 days following the end of each compliance period, a licence holder shall

provide the following information to the Board for the compliance period most

recently completed:

(

a) total, in kilowatt-hours, of all renewable low-impact electricity sales to its

customers;

(

b) total number of customers under contract, differentiated by NS Power’s rate

classes;

(

c) total purchases of renewable low-impact electricity from renewable low-impact electricity generators at the point of interconnection;

(

d) copies of the written confirmation from the renewable low-impact electricity

generators documenting quantities of renewable low-impact electricity

purchased by the licence holder;

(

e) total generation of renewable low-impact electricity from renewable low-impact electricity generation facilities owned or operated by the licence

holder at the point of interconnection;

(

f) transmission and distribution losses;

(

g) a reconciliation of the net surplus or deficit of renewable low-impact

electricity sales with respect to renewable low-impact electricity purchases,

generation, or combination of purchases and generation, and transmission

and distribution losses;

(

h) total, in kilowatt-hours, of all renewable low-impact electricity sales to its

customers during any periods in which the Board has found

an act, event or

circumstance to be a force majeure; and

(

i) total, in kilowatt-hours, of all electricity sales other than renewable low-impact electricity sales to its customers during any periods in which the

Board has found

an act, event or circumstance to be a force majeure.

(3) Where a licence holder generates and sells renewable low-impact electricity

behind-the-meter, the licence holder shall not include behind-the-meter sales in the

required information set out in subsection 23 (2).

(4) Where a net deficit exists as set out in clause 23 (2)(g), the licence holder shall

provide confirmation to the Board that it has refunded its customers pursuant to

Section 13 within 30 days of the end of the compliance period.

24 The Board may request additional information from a licence holder at any time.

25 The Board, or its delegate, may, upon notification to a licence holder, enter a licence

holder’s place of business in order to inspect the accounts of the licence holder and the

licence holder shall furnish such assistance as the Board or its delegate may reasonably

require.

Transfer Requests

26 A licence holder shall not make a request to NS Power to transfer a customer to the

licence holder’s supply unless that customer has agreed to a contract with the licence

holder and the licence holder has complied with all the provisions of these regulations

and the code of conduct when marketing and communicating with that customer.

Sales and Marketing Practices

Code of conduct

(1) The Board shall approve a code of conduct that shall apply to the marketing

activities of licence holders.

(2) The code of conduct may specify

(

a) the fair marketing practices that are to be followed by the licence holder or

its salespersons when marketing renewable low-impact electricity to

customers;

(

b) requirements for Board approval of marketing materials and telemarketing

scripts;

(

c) requirements for salesperson identification;

(

d) requirements for testimonials;

(

e) requirements for marketing and execution of contracts;

(

f) training and product knowledge requirements for licence holders and their

salespersons; and

(

g) any other requirements the Board deems necessary.

(3) A licence holder and its salespersons shall adhere to the code of conduct which has

been approved by the Board.

Contracts

Contracting parties

(1) A contract for the supply of renewable low-impact electricity to a premises may

only be made with the account holder for that premises. Where a licence holder

enters into a contract to supply more than one premises, the contract must be

entered into with the account holder for each affected premises.

(2) No contract is valid unless it is made in accordance with subsection 28 (1) herein.

Governing laws

29 All contracts shall be governed by the laws of the Province of Nova Scotia and shall

contain a statement to that effect.

Contracting requirements

30 A contract takes effect and a licence holder is bound by its terms when,

(

a) for door-to-door transactions or direct mail transactions, a copy of the

contract, signed by the account holder, is received by the licence holder or

its salesperson;

(

b) for telemarketing sales, the account holder agrees to the terms and

conditions of the contract while on the telephone with the licence holder;

and

(

c) for electronic communication sales, the account holder agrees to the terms

and conditions of the contract through electronic communication.

Contract assignment

31 A licence holder shall not assign, sell, or otherwise transfer the administration of a

contract with a customer to another person unless that person holds a licence issued

under

Section 3D of the Act.

32 Within 60 days after an assignment, sale, or transfer of the administration of a contract,

the new licence holder shall send to any affected customers a notice of assignment,

which includes the new licence holder’s address for service, its e-mail address, and

telephone and facsimile numbers.

33 A licence holder shall notify the Board of any assignment, sale, or transfer of a contract

within 10 days after the assignment, sale or transfer.

34 A licence holder shall notify NS Power prior to any assignment, sale, or transfer of a

contract taking effect.

Records Retention

Retention of information

35 A licence holder shall keep the following information for as long as the licence holder is

licensed by the Board plus one additional year:

(

a) a list of salespersons who act or who have acted for the licence holder and

the dates of their employment or engagement;

(

b) a list of all of the licence holder’s customers who have entered into

contracts; and

(

c) a log of cancellation requests, including premises to which the cancellation

applies, the account holder’s name, the date of the notification of

cancellation, and the name and identification number of the representative

who accepted the request for cancellation.

36 For each customer that has entered into a contract with a licence holder, the licence

holder shall retain the following information throughout the duration of the contract and

for a period of one year after completion or termination of the contract:

(

a) for contracts agreed to in person or as a result of a door-to-door transaction

or a direct mail transaction, a copy of the complete contract bearing the

customer’s signature;

(

b) for contracts agreed to as a result of a telemarketing transaction, a copy of

the agreed-to contract and the complete recording of the telephone call

between the customer and the licence holder;

(

c) for contracts agreed to through electronic communication, a copy of the

agreed-to contract and the electronic record evidencing the customer’s

agreement to the contract;

(

d) where a customer cancels a contract over the telephone, the complete

recording of the telephone call between the customer and the licence holder;

(

e) where a customer cancels a contract using written or electronic

communication, written or electronic evidence of the communication from

the customer requesting the cancellation;

(

f) billing records; and

(

g) evidence of small-volume customer contract verification required by

Section

51, which shall be the complete recording of verification if performed over

the telephone or the electronic record of verification if performed using

electronic communication.

37 A licence holder shall, on the request of the Board, provide to the Board any of the

information required to be kept under

Section 35, 36, or 54.

Dispute Resolution Process

38 A customer, NS Power, or any person may make a complaint to the licence holder or the

Board in respect of the conduct of the licence holder, the conduct of the licence holder’s

salespersons, the contract, and any other matter relating to the Act, these regulations, the

code of conduct, or the licence.

(1) If a complaint under

Section 38 is first made to the licence holder, the licence

holder shall promptly and in good faith investigate the complaint and take all

appropriate and necessary steps to resolve the complaint.

(2) If the complaint is not resolved to the satisfaction of the complainant, the licence

holder shall inform the complainant that the complaint may be made to the Board

and provide the complainant with the telephone number, mailing address, and

e-mail address of the Board.

40 Where the Board receives a complaint pursuant to

Section 38 the Board may

(

a) dismiss the complaint if the Board is satisfied that the complaint is trivial or

vexatious, or that there is insufficient or no evidence of a contravention of

the Act, these regulations, the code of conduct, or the licence;

(

b) further investigate the complaint and assist in the resolution of the

complaint between the complainant and the licence holder; or

(

c) require a written or oral hearing of the complaint.

(1) Where the Board receives information that a licence holder or its salesperson may

have contravened the Act, these regulations, the code of conduct, or its licence, the

Board may initiate a written or oral inquiry into the licence holder’s or its

salesperson’s activities and require the licence holder to provide such information

or furnish such documents as the Board may request, and produce such officers,

directors, employees, and agents to testify as the Board may request.

(2) The procedure for a written or oral inquiry shall be established by an order of the

Board.

42 Following a complaint hearing or inquiry process, the Board shall determine if the

licence holder or its salesperson or both have contravened the Act, these regulations, the

code of conduct, or its licence.

43 If the Board determines that the licence holder or its salespersons have contravened the

Act, these regulations, the code of conduct, or its licence, the Board may impose any or

all of the following remedies for each contravention

(

a) reprimand the licence holder;

(

b) cancel a contract, with or without fees, penalties or other charges;

(

c) require the licence holder to provide a plan, satisfactory to the Board, to

address and correct contraventions of the Act, these regulations, the code of

conduct, or its licence, and prevent future contraventions;

(

d) instruct the licence holder to advise the customer or any group of customers

affected in a similar manner that they may cancel their contract without fees,

penalties or other charges and be returned to NS Power-supply;

(

e) suspend or cancel the licence as set out in

Section 19;

(

f) publish the Board’s findings in respect of the contravention and the nature

of the remedies imposed; and

(

g) such further and other remedies as are available to the Board pursuant to

applicable laws.

(1) The Board may award costs to or against a licence holder or a complainant in

connection with the dispute resolution.

(2) The Board may require a licence holder or the complainant, or both, to pay all or a

portion of the Board’s costs in connection with the dispute resolution.

Requirements For Small-Volume Customers

Marketing to small-volume customers

45 When marketing to small-volume customers, a licence holder shall

(

a) only use the form of contract which is approved for use by the Board;

(

b) for door-to-door transactions, direct mail transactions, or electronic

communication transactions, provide a disclosure statement and rate

comparison to the customer as set out in Sections 46 and 47 in advance of

the customer agreeing to a contract and shall afford the customer sufficient

time to review and understand the disclosure statement and rate comparison

prior to the customer signing or agreeing to a contract; or

(

c) for telemarketing transactions, read to the customer the disclosure statement

and rate comparison as set out in Sections 46 and 47 and obtain the

customer’s agreement that the customer understands the disclosure

statement and rate comparison.

Disclosure statement

46 The disclosure statement that is provided to a small-volume customer shall be approved

by the Board.

Rate comparison

47 The rate comparison that is provided to a small-volume customer shall be in a form

approved by the Board.

Small-volume customer contract requirements

48 No contract is valid unless the small-volume customer has signed or agreed to the

disclosure statement and the rate comparison.

49 A licence holder shall not enter into a contract with a small-volume customer that has a

term in excess of five (5) years.

(1) A contract with a small-volume customer shall state that the contract is not valid

unless

(

a) the customer signs the disclosure statement and rate comparison or, in the

case of a telemarketing transaction or electronic communication transaction,

the customer confirms that he understands and confirms the disclosure

statement and rate comparison before the customer enters into the contract;

(

b) the customer signs or agrees to the contract; and

(

c) the licence holder provides a signed or agreed-to copy of the disclosure

statement, rate comparison, and contract to the customer by mail, facsimile,

electronic communication, or in person.

(2) A contract with a small-volume customer shall include a provision that states the

contract is valid only if the contract has been verified as required in

Section 51.

(3) A contract with a small-volume customer shall include a provision that the

customer may cancel the contract without cost or penalty if a contract presently

exists for the same premises, except where the existing contract is to expire on or

before the commencement of the new contract.

(4) A contract with a small-volume customer shall include a provision that the

customer may cancel the contract without penalty or charge if the retail supplier

was not licensed by the Board or the licence was suspended at the time the contract

was entered into.

Contract verification

51 A contract with a small-volume customer shall be verified as set out in Sections 52 and

53 in order for the contract to be valid.

Who may verify a contract

52 A contract with a small-volume customer verified by telephone may be verified only by

an individual who

(

a) does not receive any remuneration or other compensation or benefit that is

determined, directly or indirectly, by reference to the number of contracts

verified or the percentage of contracts that are verified; and

(

b) has successfully completed such training for persons who verify contracts as

may be required by the code of conduct, any order, or any rule issued or

made by the Board.

Verification process for small-volume customer contracts

(1) A contract with a small-volume customer shall be verified

(

a) by telephone or by electronic communication; and

(

b) only with the account holder for the premises.

(2) The telephone script used by the person verifying the contract shall be approved by

the Board in advance.

(3) The form of electronic communication used to verify the contract shall be

approved by the Board in advance.

(4) The person verifying the contract by telephone shall comply with the code of

conduct, any order, or any rule issued or made by the Board relating to the

verification procedure.

(5) The person verifying the contract by telephone shall make a recording of the

telephone call and advise the customer that the telephone call is being recorded.

(6) A contract may be verified no earlier than the 10th day and no later than the 21st

day after the day on which the contract takes effect in accordance with

Section 30.

(7) The person verifying the contract shall not proceed with the verification process

and shall advise the customer and the licence holder of the reason for not

proceeding if, at any time during the verification process, the person verifying the

contract

(

a) is advised by the customer of

an act or omission that appears to be an unfair

practice of the licence holder;

(

b) is advised that the customer did not receive a copy of the contract, the

disclosure statement, or the rate comparison; or

(

c) has reasonable grounds for believing that the licence holder has committed

an unfair practice, whether at the time of soliciting, negotiating or entering

into the contract or after.

Records retention

54 For each small-volume customer that has entered into a contract with a licence holder,

the licence holder shall retain the following information, in addition to the information as

set out in

Section 36, throughout the duration of the contract and for a period of one year

after completion or termination of the contract:

(

a) in respect of a contract resulting from a door-to-door transaction or a direct

mail transaction, copies of the disclosure statement and rate comparison

bearing the customer’s signature;

(

b) in respect of a contract resulting from electronic communication,

(

i) copies of the confirmed disclosure statement and the confirmed rate

comparison; and

(ii) the electronic record evidencing the customer’s confirmation of the

disclosure statement and rate comparison; and

(

c) the telephone recording or the electronic communication verifying the

contract.

Cancellation of contracts

55 A small-volume customer may unconditionally, and without any cancellation fees,

penalties or charges, cancel the contract at any time from the date of entering into the

contract until 30 days after the date of the first bill for renewable low-impact electricity

under the contract, provided the customer is obligated to pay the licence holder for all

renewable low-impact electricity consumed until the customer is transferred to bundled-supply.

56 A contract with a small-volume customer automatically terminates and the customer is

not subject to any cancellation fees, penalties or charges if the customer sells or

permanently moves from the premises to which renewable low-impact electricity is

supplied under the contract.

57 A small-volume customer may unconditionally, and without any cancellation fees,

penalties or charges, cancel the contract if the licence holder is found by the Board to be

in violation of the Act, these regulations, the code of conduct, or its licence when

marketing to the customer or in the course of fulfilling its obligations under the contract.

58 A small-volume customer may cancel the contract at any time in accordance with the

cancellation provisions contained within the contract.

59 A small-volume customer may give a notice of cancellation of a contract in any of the

following ways:

(

a) by telephone;

(

b) by ordinary or registered mail to the address specified in the contract;

(

c) in person;

(

d) by facsimile to the facsimile number specified in the contract; or

(

e) by electronic communication to the e-mail address provided in the contract.

(1) A notice of cancellation in respect of a contract with a small-volume customer is

deemed to be given to the licence holder on the date of

(

a) receipt by the licence holder of the telephone call from the small-volume

customer cancelling the contract;

(

b) the electronic date stamp of the e-mail from the small-volume customer

cancelling the contract;

(

c) the transmittal of the notice from the small-volume customer cancelling the

contract, if the notice is sent by facsimile;

(

d) the day that is five days after the postmark on the letter from the small-volume customer cancelling the contract, if the notice is sent by ordinary

mail; or

(

e) the delivery to the licence holder of the notice from the small-volume

customer cancelling the contract, if the notice is delivered in person or sent

by registered mail.

(2) The cancellation of a contract with a small-volume customer becomes effective

when NS Power transfers the customer to bundled-supply.

61 A licence holder shall inform NS Power within 2 business days of a small-volume

customer cancelling their contract with the licence holder.

62 If a small-volume customer cancels a contract, the licence holder shall promptly provide

written confirmation of the cancellation to the customer.

Prohibition on contract aggregation

63 In contracting with a customer in respect of two or three premises that qualify for the

domestic or small general tariffs, a licence holder

(a)may not aggregate the premises into a single contract, and

(

b) must enter into a separate contract for each premises and the customer will

be a small-volume customer for each contract.

Prohibition on contract renewals

(1) A contract with a small-volume customer may not be renewed or extended. A new

contract may be entered into between a small-volume customer and a licence

holder.

(2) A contract with a small-volume customer may be terminated prior to the expiration

of its term with the consent of the parties and a new contract may be entered into

immediately after the termination. All of the provisions of these regulations, except

as provided in

Section 55, apply in respect of the new contract.

(3) If a contract is terminated early and a new contract is entered into in accordance

with subsection (2), the small-volume customer may cancel the new contract at any

time from the date of entering into the new contract until 30 days after the date of

the first bill for renewable low-impact electricity under the new contract. The

maximum fee, charge or penalty that a licence holder may charge the small-volume

customer is the cancellation fee as determined under the former contract at the time

of its cancellation.

(4) If a contract is terminated early and a new contract is entered into in accordance

with subsection (2), the maximum fee, charge or penalty that a licence holder may

charge the small-volume customer who cancels the new contract in accordance

with

Section 58 after the 30-day period referred to in subsection (3) is the

cancellation fee as determined under the new contract.

Notice of contract expiry

65 No earlier than four (4) months and no later than three (3) months prior to the contract

expiry, the licence holder shall notify the small-volume customer of the contract expiry

date. At this time, the licence holder may offer a new contract to start after expiry of the

current contract.

Appendix “A”

Board Electricity Retailers Regulations (Nova Scotia)

Application for a Retail Supplier Licence

1. By:

Full legal name of the company or organization making this application

Business location address in Nova Scotia

Mailing address (if different from above)

2. Contact Information:

Contact person:

Telephone number:

Fax number:

Email address:

Web site:

3. Required Documentation and Fee

Subsection 5(1) of the Board Electricity Retailers Regulations (Nova Scotia) requires all of the

following documentation be attached to this application unless a variance is formally requested

and approved by the Board prior to an application being submitted:

(

a) a cheque in the required amount of $7 500 payable to the Board;

(

b) an irrevocable letter of credit from a recognized financial institution in the amount of

$200 000 payable to the Board to secure performance and anticipated financial

obligations of the proposed licence holder, or an equivalent financial instrument in the

same amount payable to the Board if such substitution is approved by the Board;

(

c) if the applicant is a company, proof of registration under the Corporations Registration

Act , R.S.N.S. 1989, c. 101;

(

d) full legal name, address, phone, facsimile, and e-mail contact information of any

partner(

s) or parent company(

s) or organization(s);

(

e) a listing of any company or organization principals with applicable titles (proprietor,

partner, officer, director or controlling shareholder);

(

f) written consents signed by each proprietor, partner, officer, director, and controlling

shareholder authorizing the Board to conduct a credit review, in accordance with

standard business practices;

(

g) written consents signed by each proprietor, partner, officer, director, and controlling

shareholder authorizing the Board to consult with all law enforcement agencies and

obtain copies of any records pertaining to criminal convictions for which a pardon has

not been granted, records of discharge, and records of outstanding criminal charges, such

consents to release all such agencies, their members, and employees from any and all

actions, claims and demands, loss, or injury which may result from the disclosure of

information provided by them;

(

h) audited financial statements covering the two immediately preceding fiscal years or, if

the applicant has been formed within the preceding twelve months and audited financial

statements are not available for at least one year, pro forma financial statements signed

by the proprietor, partner, officer, director, or controlling shareholder of the applicant

may be substituted. If audited financial statements are not available, unaudited financial

statements may be accepted at the discretion of the Board;

(

i) the compliance plan including copies of the contractual arrangements with renewable

low-impact electricity generators and copies of the certification required in

Section 17. If

contractual arrangements have not been executed, then a letter of intent from a renewable

low-impact electricity generator to enter into a contract for renewable low-impact

electricity supply may be accepted at the discretion of the Board;

(

j) a written description of the applicant’s business background and experience relating to

electricity retailing;

(

k) a written description of the applicant’s general plans with respect to electricity retailing;

(

l) rate comparison the applicant intends to use with the disclosure statement; and

(

m) any other information which may be deemed necessary by the Board.

4. The information provided in making this application in accordance with the Board

Electricity Retailers Regulations (Nova Scotia) is accurate and complete to the best of

our knowledge.

Signed in the Province of _________________ this ____ of ________________ 20____.

__________________________ _____________________________

Signature Signature

__________________________ _____________________________

Print Name Print Name

__________________________ _____________________________

Print Title Print Title

Note:

This Application must

(1) provide, in full detail, all information required by the Board Electricity Retailers

Regulations (Nova Scotia) using attachments as necessary; and

(2) be signed by two (2) officers of the applying company or organization.

Any variance from the requirements set out above must be formally requested from, and

approved by, the Board prior to an application being submitted.

Legislative History

Reference Tables

Board Electricity Retailers Regulations (Nova

Scotia)

N.S. Reg.

180/2025

Electricity 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 Board Electricity Retailers Regulations (Nova Scotia) made

under the Electricity Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

180/2025

Sep 5, 2025

date filed

Sep 19, 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

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

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Second subsection

10(3) in original text renumbered as subsection 10(4) for the purposes of

this consolidation.

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

246/2016

Board Electricity Retailers Regulations (Nova

Scotia)

Nov 14, 2016

Sep 5, 2025

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.