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.

Board Regulatory Rules

made under

Section 20 of the

Energy and Regulatory Boards Act

S.N.S. 2024, c. 2, Sch A

N.S. Reg. 235/2005 (December 23, 2005)

amended to N.S. Reg. 90/2021 (effective May 31, 2021)

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 .

Application of rules

Short title

Object

Definitions

General

Applications

Filing

Service

Oral or written hearings

Hearing orders

Intervenors

Confidential documents

Amendment

Admission of facts

Information requests

Preliminary hearings

Issues

Written submissions

Technical conferences

Hearings

[Briefs may be required]

[Decision may be in parts]

Settlements

Audio and video recording of hearings

Disposal of exhibits

Production of documents and discovery

[Production of documents]

[Admission of documents]

Subpoenas

Financial condition

Applications for authority to issue shares, stocks, bonds, debentures or other evidences of

indebtedness

Costs

[Forms]

Form A – Information Requests

Form B – Response to Information Request

Application of rules

1 These rules are made pursuant to

Section 12 of the Utility and Review Board Act and

apply to proceeding[s] under the Public Utilities Act , the Gas Distribution Act , the

Pipeline Act , the Underground Hydrocarbons Storage Act , the Petroleum Products

Pricing Act , the Consumer Protection Act and the Motor Carrier Act .

Short title

2 These rules may be cited as the Board Regulatory Rules .

Object

3 The object of these rules is to secure the just, speedy and economic determination of

every application.

Definitions

4 In these rules, unless the context otherwise requires,

(a) “applicant” shall include a complainant pursuant to Sections 79 and 83 of

the Public Utilities Act and any person or corporation applying to the Board

to hear and determine any matter or thing;

(b) “application” shall include a complaint pursuant to Sections 79 and 83 of

the Public Utilities Act and any other proceeding, matter or thing which the

Board can determine;

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

(d) “Clerk” means the Clerk of the Board;

(e) “intervenor” means a person who establishes an interest in an application

pursuant to Rule 11;

(f) “party” means, in respect of an application, an applicant, a respondent or a

intervenor;

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

an applicant or entitled to be heard in opposition to any application.

General

(1) Where procedures are not provided for in these rules or in an enactment, the Board

may do whatever is necessary and permitted by law to enable it to effectively and

completely adjudicate on the matter before it.

(2) The Board may dispense with, amend, vary or supplement, with or without a

hearing, all or part of these rules at any time by making a procedural order, if it is

satisfied that the special circumstances of the application so require, or it is in the

public interest to do so.

(3) The Board may make directions on procedure and procedural orders which shall

govern the conduct of a specific application.

(4) The Board may extend or abridge the time fixed by these rules or otherwise fixed

by the Board, and may do so on its own initiative or in response to a motion by any

party whether or not the motion to extend or abridge the time is made after the

time so fixed has expired.

(5) Unless otherwise specified, where these rules or a Board order make reference to

the number of days between two events, not expressed to be clear days, the number

of days shall be calculated by excluding the day on which the first event happens

and including the day on which the second event happens. If the last day falls on a

day the Board offices are closed, the time shall automatically be extended to the

next business day.

(6) No application before the Board shall be defeated or affected by any technical

objection or by any objection based upon defects in form or procedure.

Applications

6 Every application shall

(

a) contain a proposed title of the application;

(

b) contain a clear and concise statement of the facts;

(

c) set forth the reasons for the application;

(

d) contain the statutory provision(

s) under which it is made;

(

e) set forth the nature of the order or decision applied for;

(

f) be divided into consecutively numbered paragraphs, each of which is

confined as nearly as possible to a distinct portion of the subject of the

application;

(

g) be signed by the applicant or the applicant’s representative;

(

h) provide the full name, address and the telephone, fax and electronic access

numbers of the applicant and the applicant’s representative; and

(

i) provide any other information that may be useful in explaining or

supporting the application.

Filing

(1) Any document to be filed with the Board shall be filed with the Clerk.

(2) A document may be filed with the Clerk by any of the following methods:

(

a) delivering a copy to the Clerk at the Board’s office;

(

b) mailing a copy to the Clerk;

(

c) transmitting a copy to the Clerk via fax or e-mail; or

(

d) such other manner as the Board may determine.

(3) All documents filed shall be date stamped by the Board and any document filed

with the Board after 2:00 p.m. or on a Saturday, Sunday or holiday shall be

considered filed on the next working day.

(4) When a document is filed with or served on the Board by e-mail transmission, a

hard copy or fax of the document shall be provided to the Board within one day

thereafter. No hard copy or fax is required to be filed with respect to a complaint

filed by email by a ratepayer in relation to a utility.

(5) When a document is filed with or served on the Board by e-mail transmission or

fax, the sender shall obtain an acknowledgment from the Clerk of its receipt.

(6) In all cases where documentary evidence is offered, the Board, in lieu of requiring

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

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

transcribed as part of the record.

(7) The Board may reject requests for intervenor status, submissions of evidence and

information requests and any other documents which are not filed in accordance

with the

schedule set by the Board in an application.

7A

(1) In cases where pre-filed documentary evidence is to be filed in a proceeding,

including in responses to Information Requests, electronic hyperlinks to, or within,

such evidence may be used, subject to the following conditions:

(

a) where the filing party intends to rely on such evidence as part of its direct

evidence in the matter, a PDF copy of the document, or of the relevant

excerpt (if appropriate), and the purpose of such excerpt, shall also be

provided to the Board and to the other parties, as part of the evidentiary

record in the matter.

(

b) where the electronic hyperlink in subsection [clause] (

a) is to a video or

audio recording, the party must file an MPEG or MP3 file or other

authorized form of video or audio recording that can be accessed through

the Board’s electronic case management system. The filing must also be

accompanied by a brief statement setting out the portion of the video or

audio recording which is being relied on and the purpose of the evidence.

(

c) where the filing party has provided electronic hyperlink evidence and

intends to rely on such hyperlink evidence during cross-examination at a

hearing, a hard copy of the hyperlinked document does not need to be

pre-filed, but a PDF and/or hard copy of any excerpt being used in

cross-examination shall be available for reference during the hearing.

(2) Notwithstanding subsection [clause] (1)(a), no copy of the document is required to

be filed where:

(

a) the evidence filed by a party is in response to an Information Request,

unless a copy of the document is requested by the Board or another party; or

(

b) the reference is to prior Board or Court decisions, to statutes or regulations,

to filings of regulated utilities or other parties with the Board in other

matters, or where used in referencing testimony or reports of an expert

witness in other matters not directly being relied upon in the present matter.

(3) Nothing in this rule waives the requirements upon a party where opinion evidence

or an expert’s report is filed in a proceeding.

Service

(1) Where any document is required to be served on a party, service shall be effected

by any of the following methods:

(

a) personal service;

(

b) delivering a copy to the party’s proper address;

(

c) sending a copy by ordinary mail addressed to the party at his or her proper

address;

(

d) transmitting a copy to the party via fax or e-mail, where the party has

provided a fax number or e-mail address; or

(

e) such other manner as the Board may determine.

(2) Where the party is represented, service of a document shall be effected on the

party’s representative and any of the methods of service set out in Rule 8(1) may

be used for this purpose.

(3) Service of a document may be proved by affidavit, oral testimony or both.

(4) When a document is served on a party by e-mail transmission, a hard copy or fax

of the document shall be provided within a reasonable period thereafter if

requested by the recipient.

Oral or written hearings

(1) Subject to anything to the contrary in any enactment, the Board may, on its own

motion or at the request of the parties, determine that an application be disposed of

by an oral or a written hearing and may invite submissions from interested persons

in order to make that determination.

(2) Notwithstanding Rule 9(1), where the Board deems it necessary at any time during

an application, the Board may order that the application be disposed of by an oral

hearing in substitution for a written hearing.

Hearing orders

(1) Within thirty days of an application being filed, the Board shall, if a public hearing

is required, issue a hearing order containing the procedural details applicable to the

hearing, accompanied by a notice of public hearing.

(2) Where the Board issues a notice of public hearing in accordance with Rule 10(1),

the applicant shall, within such time limit as the Board may direct,

(

a) publish the notice in such publications as the Board may direct; and

(

b) serve a copy of the notice on such persons as the Board may direct.

(3) An applicant referred to in Rule 10(2) shall file with the Board an affidavit that sets

out the title and date of each publication in which the notice of public hearing was

published pursuant to Rule 10(2)(

a) and the means taken to effect service pursuant

to Rule 10(2)(b).

(4) Where the Board issues a hearing order, it may direct that

(

a) the applicant shall keep available at the applicant’s business address, for

public inspection during regular business hours, a copy of the application;

(

b) the Board shall keep available for public inspection at the offices of the

Board a copy of the application and all non-confidential documents related

thereto.

(5) Where the Board does not issue a hearing order, it shall notify interested persons of

the hearing and the procedure to be followed in respect thereof.

Intervenors

(1) Where a hearing order has been issued pursuant to Rule 10(1), any interested

person may apply to intervene by filing with the Board and serving on the

applicant, if any, on or before the date set out in the order, a written request to

intervene that

(

a) in the case of an oral hearing, states whether the person intends to appear at

the hearing;

(

b) sets out the name of the person and any authorized representative of the

person and the mailing address, address for personal service, telephone

number and any other telecommunications numbers of the person or the

person’s authorized representative;

(

c) sets out the facts and reasons why the person has an interest in the

application; and

(

d) states the issues that the person intends to address at the hearing.

(2) The Board may accept or disallow an intervention and in either case the Board

shall notify the applicant, if any, and the person who filed the request to intervene

of its decision in respect of the intervention.

(3) An intervenor, on being advised by the Board of the name and mailing address of

any other intervenor, shall serve a copy of the written intervention on every other

intervenor.

(4) A party may, within 15 days after the date of service of a written intervention,

serve an objection to the intervention on the person who has filed the intervention

and shall file with the Board and serve on all other parties a copy of the objection.

(5) Unless the Board otherwise directs, an applicant who is notified that an

intervention has been accepted by the Board in accordance with Rule 11(2) shall,

within such time limit as the Board may fix, serve on the intervenor

(

a) a copy of the application;

(

b) subject to Rule 12, any information, particulars or documents relevant to the

application that have been filed with the Board; and

(

c) any hearing order issued by the Board.

(6) Where a hearing order has been issued pursuant to Rule 10(1), any interested

person who does not wish to intervene in the application but who wishes to make

comments to the Board regarding the application shall file with the Board and

serve on the applicant, if any, on or before the date set out in the order, a letter of

comment that

(

a) comments on the application;

(

b) describes the nature of the person’s interest in the application; and

(

c) provides any relevant information that the person considers will explain or

support the person’s comments.

(7) The Board shall provide all parties with a copy of any letter filed pursuant to Rule

11(6).

(8) A party may, within 15 days after receipt of a letter filed pursuant to Rule 11(6),

serve a reply on the person who has filed the letter and shall file with the Board

and serve on all other parties a copy of the reply.

(9) A person who files a letter pursuant to Rule 11(6)

(

a) does not thereby acquire status as an intervenor;

(

b) loses intervenor status if that person is an intervenor; and

(

c) subject to Rule 11(8), is not entitled to any further notice in the application.

Confidential documents

(1) Subject to Rule 12(2), all documents filed in respect of an application shall be

placed on the public record.

(2) A party may request that all or any part of the document be held in confidence by

the Board, which request shall be placed on the public record.

(3) The burden of satisfying the Board that a document should be held in confidence is

on the party claiming confidentiality.

(4) Any request for confidentiality shall

(

a) include a

summary of the nature of the information in the document;

(

b) state

(

i) the reasons for the request, including the details of the nature and

extent of the specific harm that would result if the document were

publicly disclosed, and

(ii) any objection to placing an abridged version of the document on the

public record, and the reasons for such an objection; and

(

c) be filed with the Board and served on the parties.

(5) Where a party has made a request under Rule 12(2), the document shall be held in

confidence unless the Board orders otherwise.

(6) A party may object to a request for confidentiality by filing an objection and

serving the objection on the parties.

(7) An objection shall state the reasons

(

a) why the party requires disclosure of the document; and

(

b) why disclosure would be in the public interest.

(8) The party claiming confidentiality will have an opportunity to reply to any

objection.

(9) The Board may decide the issue with or without a hearing. Where the Board holds

a hearing, the Board may direct that the hearing be held in the absence of the

public.

(10) In ruling on a request for confidentiality the Board shall consider

(

a) whether the document may disclose matters involving public security;

(

b) whether the document may disclose sensitive financial, commercial or

personal matters in relation to which the desirability of avoiding disclosure

in the interest of any person affected outweighs the desirability of adhering

to the principle that documents be available to the public; or

(

c) such other matters as the Board deems appropriate.

(11) The Board may

(

a) order that the document be held in confidence by the Board;

(

b) order that the document be placed on the public record;

(

c) order that an abridged version of the document be placed on the public

record;

(

d) order that the document be made available to a party to the proceeding, who

has a good faith interest in accessing the confidential information and who

would not otherwise be in conflict of interest, on such terms as the Board

considers appropriate, including the signing of a confidentiality undertaking

in a form approved by the Board;

(

e) order that the document be withdrawn; and

(

f) make any other order the Board may deem to be in the public interest.

(12) Where the Board rejects a claim for confidentiality, the party claiming

confidentiality may, within seven (7) days of receiving the Board’s decision, or

such other time as the Board may allow, notify the Board in writing that

(

a) if the party is an applicant, the application is withdrawn; or

(

b) if the party is an intervenor, the intervention is withdrawn.

(13) Where a party provides written notice to the Board pursuant to Rule 12(12), if the

document is on file with the Board, the Board shall immediately return the

documents for which confidentiality was claimed.

Amendment

13 A filed document may be amended at any time with leave of the Board.

Admission of facts

(1) The parties to any application before the Board may, by admission in writing filed

with the Board, agree upon the facts or any of the facts involved therein, which

admission, if filed, shall be regarded and used as evidence at such hearing,

investigation or other proceeding.

(2) The Board may require such additional evidence as it may deem necessary.

Information requests

(1) The Board may provide for Information Requests necessary to

(

a) clarify evidence filed by a party;

(

b) simplify the issues;

(

c) permit a full and satisfactory understanding of the matters to be considered;

(

d) expedite the application.

(2) An Information Request shall be in accordance with Form A and shall

(

a) be directed to the party from whom the response is sought;

(

b) number the questions consecutively, or as otherwise directed by the Board,

in respect of each item of information requested;

(

c) list the name, address and telephone and fax numbers of persons who may

be contacted in case clarification of questions is required;

(

d) be forwarded to the party from whom a response is sought, with copies

being sent simultaneously to the Board and all other parties.

(3) An Information Request shall not be directed to any party upon whose behalf no

evidence has been filed, without leave of the Board or consent of the party from

whom a response is sought.

(4) A party seeking leave under Rule 15(3) shall, within any time limit fixed by the

Board, file with the Board and serve on the party to whom the Information Request

is directed, the proposed Information Request and the reasons therefor.

(5) The Board shall not grant leave pursuant to Rule 15(3) unless the party to whom

the Information Request is directed has been given an opportunity to comment on

the proposed Information Request.

(1) Subject to Rule 16(3), where an Information Request has been directed to a party

that party shall file a Response to Information Request within the time fixed by the

Board.

(2) A Response to Information Request shall be in accordance with Form B and shall

(

a) provide a full and adequate response to each question;

(

b) state the question at the beginning of each response;

(

c) begin each response on a new page;

(

d) number each response to correspond with each item of the Information

Request;

(

e) specify which witness or which member of a witness panel prepared the

response;

(

f) file and serve the Response to Information Request as directed by the

Board; and

(

g) set out the date on which the Response to Information Request is filed and

served.

(3) A party who is unable or unwilling to provide a full and adequate response to a

question in an Information Request shall file and serve a response

(

a) where the party contends that the information requested is not relevant,

setting out specific reasons in support of that contention;

(

b) where the party contends that the information necessary to provide an

answer is not available or cannot be provided with reasonable effort, setting

out the reasons why the information is unavailable and providing any

alternative available information that the party considers would be of

assistance to the party directing the Information Request;

(

c) where the party contends that the information sought is of a privileged

nature, setting out the reasons why it is considered privileged;

(

d) where the party contends that the information sought is of a confidential

nature, requesting that it be held in confidence, or not filed, pursuant to Rule

12; and

(

e) otherwise explaining why such a response cannot be given.

(4) Where a party is not satisfied with the response provided or objects to a claim of

privilege, the party may apply to the Board for directions.

Preliminary hearings

(1) The Board may, on its own initiative or at the request of any party, hold a

preliminary hearing to deal with any matter that may aid in the disposition of the

hearing, including to

(

a) determine any relevant question as to the Board’s jurisdiction to hear the

application;

(

b) consider an application for an order dismissing the application on the

grounds that no application lies to the Board;

(

c) determine any question as to the admissibility of any evidence;

(

d) clarify or simplify the issues;

(

e) consider the necessity or desirability of an amendment to the application;

(

f) consider the participation by interested persons;

(

g) consider a request for access to information in the custody or control of any

party;

(

h) fix dates for the hearing and for any procedural steps to be completed by the

parties;

(

i) make any directions for the pre-filing of witness lists or expert witness

statements and reports (except as otherwise provided for in these rules), or

direct further disclosure where necessary; and

(

j) determine issues of confidentiality, including any need to hold a part of the

hearing in camera, or to seal documents.

(2) Unless otherwise ordered by the Board, it shall not be necessary to give notice of a

preliminary hearing by advertisement in a newspaper.

18 The Board member who presides at a preliminary hearing shall not be deemed to be

seized of the application, and any subsequent hearing related to the application may be

heard by that member or any other member.

Issues

(1) The Board may formulate issues to be considered in an application and shall notify

parties in respect thereof if, in the opinion of the Board,

(

a) the formulation of issues would assist the Board in the conduct of the

application; and

(

b) the formulation of issues would assist the parties in participating more

effectively in the application.

(2) To assist the Board in formulating issues in accordance with Rule 19(1), the Board

may invite parties to propose issues or to suggest amendments to any formulated

issues.

(3) Any party who proposes an issue pursuant to Rule 19(2) shall explain the issue’s

relevance to the application.

(4) Notwithstanding the above, the Board may direct that certain issues or items will

be excluded from consideration during the application.

(5) In an attempt to avoid multiplicity of proceedings on the same issue, the Board

may, in any decision, identify issues that will not be revisited until a specified time

period has elapsed, absent a significant change in circumstances, or other reason

which, in the opinion of the Board, justifies an earlier consideration.

Written submissions

(1) The Board may direct parties to make written submissions for the purpose of

considering matters that relate to

(

a) the clarification or simplification of issues;

(

b) the necessity or desirability of amending an application;

(

c) the admission of certain facts or the verification of those facts by affidavit,

or the use by any party of documents of a public nature;

(

d) the settling of matters that relate to information requests;

(

e) the procedure to be adopted in the application;

(

f) the exchange of documents among the parties; and

(

g) any other matter that could aid in the conduct and disposition of the

application.

(2) A Book of Authorities or any case, is not required to be filed electronically or by

paper, if they are available online. A list of the authorities and citations should be

included at the end of the submissions. Specific paragraphs relied upon should be

included in the text.

Technical conferences

21 An applicant may, and shall if directed by the Board, convene a technical conference or a

series of technical conferences that relate to

(

a) the clarification or simplification of issues; or

(

b) any other matter that could aid in the conduct and disposition of the

application.

Hearings

(1) Hearings may be conducted in an informal manner and need not follow the strict

rules of practice and procedure required in a court of law.

(2 ) The Board may, at its discretion, conduct a hearing or a preliminary hearing in

person, in writing or by teleconference, video conference or by any other electronic

means.

(3) At the hearing of an application, the applicant shall present its evidence first, and

after the evidence of all other parties is given, shall have the right to reply.

(4) A party may call and examine witnesses, cross-examine opposing witnesses and

present arguments and submissions.

(5) The Board may receive in evidence any statement, document, information or

matter that, in the opinion of the Board, may assist it to deal with the matter before

the Board whether or not the statement, document, information or matter is given

or produced under oath or would be admissible as evidence in a court of law.

(6) A party may be represented before the Board by counsel or an agent.

(7) A hearing may be adjourned from time to time by the Board on reasonable grounds

on its own motion or at the request of any party.

(8) The Board may, in a Hearing Order, set a date by which a party must indicate if

that party requires the attendance of an expert witness, either in person or by

electronic means, for purposes of cross-examination.

[Briefs may be required]

23 The Board, whenever it deems it desirable, may require briefs to be filed by the parties

within such time as the Board may prescribe.

[Decision may be in parts]

24 The Board may issue a decision in several parts if it is determined by the Board to be in

the public interest to do so.

Settlements

(1) The Board may dispose of all or part of an application by approving a settlement of

one or more of the issues entered into between two or more parties to a proceeding.

(2) Where a settlement is proposed in an application, the Board shall issue a

procedural order pursuant to Rule 5(3) setting out the procedure by which the

Board shall consider whether or not to approve the settlement.

(3) Where there are parties who disagree with the settlement proposal, they shall in all

cases be given an opportunity to be heard on the matter.

(4) The Board may accept or reject a settlement proposal in whole or in part.

(5) The Board may, in a Hearing Order, set a date by which the parties are to advise

the Board as to whether there is any reasonable prospect of settlement of all or part

of the application.

(6) The Board may, in a Hearing Order, set a dedicated period of time after the close

of evidence to permit the parties to engage in settlement discussions.

Audio and video recording of hearings

(1) Audio and video recording of an oral or electronic hearing which is open to the

public may be permitted on conditions the Board considers appropriate.

(2) The Board may refuse to permit the recording of all or any part of an oral or

electronic hearing if, in the opinion of the Board, such coverage would inhibit

specific witnesses or disrupt the hearing in any way.

(3) Where recording is allowed, the following shall apply unless otherwise directed by

the Board:

(

a) only equipment which does not produce distracting sound or light shall be

used;

(

b) where possible, existing audio systems present in the hearing room shall be

used;

(

c) media personnel shall not move about while the hearing is in progress; and

(

d) equipment shall be positioned unobtrusively before the hearing begins and

shall not be relocated while the hearing is in progress.

Disposal of exhibits

(1) A person who has submitted exhibits to the Board may request that the Board

return the exhibits.

(2) The Board, at the end of six months from the date of the final order in the

application, provided no appeal or judicial review has been commenced within that

time, may return requested exhibits and may destroy any remaining exhibits.

Production of documents and discovery

28 The Board may make orders for production of documents, for inspection, for

examination for discovery, for the examination of witnesses who cannot attend the

hearing by reason of sickness or other unavoidable cause, and for the examination of

witnesses resident outside of Nova Scotia, as the nature of the application may require,

and upon such terms as to costs or otherwise as may be just.

[Production of documents]

29 A party may give another party notice in writing to produce any documents which relate

to any matter in question between the parties, which are in the custody, power or

possession of said other party, and if such notice be not complied with secondary

evidence of such documents may be given.

[Admission of documents]

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

document which requires to be proved, saving all just exceptions; and in default of

notice to admit, the costs of proving the document shall not be allowed except where, in

the opinion of the Board, the omission to give notice was a saving of expense.

Subpoenas

(1) At the request of a party, the Board may issue a subpoena, which shall be signed

by the Clerk and sealed with the Board’s seal.

(2) A subpoena issued pursuant to Rule 31(1) shall be issued in the form prescribed by

the Board and may set out the names of any number of persons required to appear

before the Board.

(3) No person served with a subpoena is required to appear before the Board pursuant

to the subpoena unless the person has been paid or tendered conduct money in an

amount sufficient to cover the person’s reasonable fees and traveling expenses as

fixed by the Board from time to time.

(4) A subpoena shall be served personally on the person to whom it is directed at least

two clear business days before the date on which the person is to appear.

Financial condition

32 Whenever a corporation subject to the Public Utilities Act , the Gas Distribution Act or

the Motor Carrier Act is required or called upon to present its financial statements, they

shall be prepared in accordance with the recommendations of the Canadian Institute of

Chartered Accountants set out in the C.I.C.A. Handbook.

Applications for authority to issue shares, stocks, bonds, debentures or other evidences of

indebtedness

(1) In all applications made to the Board pursuant to the Public Utilities Act by

corporations for authority to issue any shares, stocks, bonds, debentures or other

evidence of indebtedness, the application must show

(

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

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

(

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

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

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

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

of the proposed route, will be sufficient;

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

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

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

expenditure for “building construction” should state dimensions of buildings

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

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

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

unit, its type, etc.

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

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

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

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

to be issued, and authority asked.)

(

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

of facilities, the existing facilities must be set forth as well as those

proposed;

(

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

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

proposed;

(

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

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

and all other material facts concerning the same;

(

f) the financial condition of the applicant;

(

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

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

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

(

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

improvement purposes, the affidavit of a competent person must be

annexed, showing the estimated cost thereof in reasonable detail;

(

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

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

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

franchise or right as therein authorized, there shall be filed with the

application a verified copy of such franchise, and a certificate of the proper

officer of the province or municipality granting the same, showing the

amount that has been actually paid for such franchise or right;

(

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

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

indebtedness proposed to be issued, such contract, agreement or

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

must be annexed to the application;

(

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

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

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

competent person showing the amount which can probably be realized from

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

deponent;

(

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

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

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

debentures or other evidence of indebtedness proposed to be issued, for the

purposes set forth in the application.

(2) Before granting any such application, the Board shall require such notice thereof to

be given at the expense of the applicant, by publication for such time, and in such

newspaper or newspapers as it may deem proper, to the end that all person who

may be interested therein or affected thereby may have an opportunity for a

hearing.

(3) Notwithstanding Rule 33(2), the Board may grant such application without the

necessity of requiring notice thereof to be given and without the necessity of

holding a public hearing, provided the applicant is participating in a borrowing or

the issuance of shares, stocks, bonds, debentures or other evidence of indebtedness

through the Nova Scotia Municipal Finance Corporation pursuant to the provisions

of the Municipal Finance Corporation Act , as amended.

(4) Any order of the Board granting such application or any part thereof, shall

(

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

authorized shall be used;

(

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

disposition of the securities or obligations authorized, the terms and

conditions thereof, and the amount realized therefrom;

(

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

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

until such monies shall have been fully expended;

(

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

appropriate in each case.

Costs

34 Any application for costs shall be governed by the Board’s Cost Rules .

________________________________________________________________

[Forms]

Form A – Information Requests

M0XXXX

Nova Scotia Utility and Review Board

In the Matter of: the XXXX Act

– and –

In the Matter of: insert application / matter name

Information Requests

[insert whether Non-Confidential / Confidential / Redacted ]

To: insert party name

insert counsel name

insert email address

From: insert party name – e.g. Nova Scotia Utility and Review Board

Responses due: insert date – e.g. Wednesday, December 14, 2017

Copies: 1 electronic copy (PDF searchable)

xx hard copies

[as directed by pre-hearing order or the Board Clerk]

Contact person: insert individual’s name and contact details – e.g. see below

(name)

Senior Advisor

Nova Scotia Utility and Review Board

Tel: (902) 424-4448; Fax: (902) 424-3919

xxxxx@novascotia.ca

Issued at , Nova Scotia, this day of , 20 .

__________________________

Clerk of the Board

Document: XXXXXX

Date filed: Mo. Day/Yr.

UARB(Recipient) Page X of X

Questions: [Questions are to be numbered sequentially with line numbering applied ]

Request IR-1: (Question Identifier to be bolded)

One clear space between identifier and the question:

a) Subparagraphs to be indented and lettered.

b) No clear space between subparagraphs.

Request IR-2:

Footer to be inserted on each page.

Document: XXXXXX

Date filed: Mo. Day/Yr.

UARB(Recipient) Page X of X

________________________________________________________________

Form B – Response to Information Request

M0XXXX

Nova Scotia Utility and Review Board

In the Matter of: the XXXX Act

– and –

In the Matter of: insert application / matter name

Responses to Information Requests

[insert whether Non-Confidential / Confidential / Redacted ]

To: [insert name of party (or Board) requesting information]

From:[name of party responding]

Date: insert date response is filed with the Board

Date files [filed]*: Month, day, year

Respondent(Originator) IR-# Page X of X

[* editorial correction]

Request IR-1:

Questions are to be restated sequentially and completely. Line numbering must be applied .

Response IR-1

One clear space between identifier and response. Response to be written in full – attach any

schedules and attachments relating to the response

** [each separate response must start on a separate page and must include the

heading as above]

Date files [filed]*: Month, day, year

Respondent(Originator) IR-# Page X of X

[* editorial correction]

Legislative History

Reference Tables

Board Regulatory Rules

N.S. Reg.

235/2005

Energy and Regulatory Boards 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 Regulatory Rules made under the Energy and Regulatory Boards Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

235/2005

Dec

29, 2005

date

filed

Jan

20, 2006

180/2010

Dec 2,

date

filed (not filed within 7 days)

Dec

17, 2010

145/2012

Jul

17, 2012

date

filed (not filed within 7 days)

Jul

27, 2012

9/2013 1

Jan

16, 2013

date

specified

Feb 8,

112/2017

Jul

24, 2017

date

filed (not filed within 7 days)

Aug 4,

90/2021

May 31,

date filed

Jun

18, 2021

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

1 2 .......................................................

rs. 145/2012

7(3) ...................................................

am. 180/2010

7(4) ...................................................

am. 180/2010, 112/2007

7A .....................................................

ad. 90/2021

19(4) .................................................

ad. 9/2013

19(5) .................................................

ad. 9/2013

20 ......................................................

ra. as 20(1) 112/2017

20(1) ..............................................

ra. from 20 112/2017

20(2) ..............................................

ad. 112/2017

22(8) .................................................

ad. 9/2013

25(5)-(6) 3 ..........................................

ad. 9/2013

Forms

Form A .............................................

rs. 112/2017

Form B ..............................................

rs. 112/2017

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Brackets around the heading to s. 1 in the amendment made

by N.S. Reg. 145/2012 have been removed for the purposes of the

consolidation.

Headings shown before subsections in the amendments made

by N.S. Reg. 9/2013 are the existing

Section headings and were not included in

the consolidation.

Feb 8, 2013

Subsections 25(5) and (6) that were lettered as clauses 25(5)(

a) and (

b) in the text added by N.S. Reg 9/2013 redesignated as subsections to

correct the structure of the

Section for the purposes of the consolidation.

Feb 8, 2013

Unless otherwise noted, the words in brackets in the forms

added by N.S. Reg. 112/2017 are not editorial corrections made by the Office

of the Registrar of Regulations. They

are part of the regulations.

The reference in s.1 to the Underground Hydrocarbons

Storage Act should be read as a reference to the Subsurface Energy

Storage Act , in accordance with an amendment to the title of the Act made

by S.N.S. 2022, c. 55, s.1.

Nov 9, 2022

Utility and Review Board Act , S.N.S. 1992, c. 11

repealed and replaced with the Energy

and Regulatory Boards Act ,

S.N.S. 2024, c. 2, Sch. A, effective

on proclamation (N.S. Reg 233/2024). (regulations continued under s.

41(2) of new Act)

Apr 1, 2025

References to the Utility and Review Board should be read

as references to both the Regulatory and Appeals Board and the Energy Board

in accordance with s. 41(3) of the Energy

and Regulatory Boards Act ,

S.N.S. 2024, c. 2, Sch. A

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.