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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.

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Wholesale Market Rules Regulations

made under

Section 5 of the

Electricity Act

S.N.S. 2004, c. 25

O.I.C. 2007-43 (effective February 1, 2007), N.S. Reg. 36/2007

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Interpretation

Use of transmission system

Market rules

Scope of market rules

Eligibility for market participation

Registration of facilities

Market information

Market monitoring

Market surveillance

Wholesale market advisory committee

Resolution of disputes

Amendment of market rules

Temporary waiver from market rules

Administration of market rules

Review of market rules

Appeals to the Board

Board’s powers

Citation

1 These regulations may be cited as the Wholesale Market Rules Regulations .

Interpretation

2 In these regulations,

(a) “Act” means the Electricity Act ;

(b) “ancillary services” means the services that are necessary to support the

transmission of capacity and energy from resources to loads while

maintaining reliable operation of the transmission provider’s transmission

system in accordance with good utility practices;

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

(d) “bulk electricity supply system” means a transmission system and all

generating facilities that must be registered with NSPSO under the market

rules, including all related communications, protection and control systems;

(e) “distribution system” means a system for conveying electricity at voltages of

less than 69 kV, and includes

(

i) all communications, protection and control systems that interact with

the transmission system, and

(ii) a transformer station for transforming electricity from voltages of

69 kV or more to voltages of below 69 kV;

(f) “facility” means a generating facility, load facility and distribution system;

(g) “generating facility” means one or more generators located in a single site,

and includes

(

i) all associated prime movers, station service equipment and

communications, protection and control systems, and

(ii) a transformer station for transforming electricity to the voltage at

which it is delivered to the transmission system or distribution system

to which it is connected;

(h) “good utility practices” means the practices, methods or acts, including

practices, methods and acts engaged in or approved by a significant portion

of the electric utility industry in North America, that at a particular time, in

the exercise of reasonable judgment, would have been expected to

accomplish the desired result in a manner consistent with regulations,

reliability, safety, environmental protection, economy and expedition as

applied and practiced [practised] in the utility industry with respect to power

generation, delivery, purchase and sale;

(i) “load facility” means a facility to which electricity is supplied from a

transmission system;

(j) “market participant” means a person who has executed a participation

agreement with NSPSO and NSPI in defined circumstances set out in the

market rules;

(k) “market rules” means the rules made by the Minister under the Act and

Section 4;

(l) “NSPI” means Nova Scotia Power Inc.;

(m) “NSPSO” means the Nova Scotia Power System Operator, a part of the

Customer Operations division of the transmission provider;

(n) “participation agreement” means an agreement executed between NSPSO

and a person other than the transmission provider that enables the person to

receive service under the transmission tariff;

(o) “transmission provider” means Nova Scotia Power Incorporated;

(p) “transmission system” means the facilities owned, controlled or operated by

the transmission provider that are used to provide transmission service

under

Part II and

Part III of the transmission tariff;

(q) “transmission tariff” means the open access transmission tariff approved by

the Board on May 31, 2005, as amended by the Board.

Use of transmission system

3 A person must not, except in accordance with the market rules, provide or convey, or

cause to be provided or conveyed, electricity or ancillary services into, through or out of

the transmission system in any way, including

(

a) directly as a market participant; and

(

b) by interconnecting a generating facility with a distribution system.

Market rules

(1) Subject to the limitations set out in these regulations, the Minister may make

market rules for

(

a) the market opened to wholesale customers;

(

b) the market opened to eligible customers under the transmission tariff; and

(

c) the operation of the bulk electricity supply system.

(2) The market rules must define the rights and obligations of NSPSO towards a

market participant and of a market participant towards NSPSO within the market

that is open for participation in Nova Scotia.

(3) The rights and obligations of NSPSO as set out in the market rules are subject to

the authority retained by the Province in respect of, or associated with, future

changes in eligibility for participation in the market.

Scope of market rules

5 Market rules made under subsection 4(1) must address all of the following matters:

(

a) the market itself, its scope and its objective;

(

b) the administration of the market, including market participation, registration

of facilities, market rule amendments, temporary waivers, compliance,

monitoring, dispute resolution, enforcement, emergencies, information

reporting and data collection and analysis;

(

c) planning and reliability functions for the bulk electricity supply system,

including emergency planning;

(

d) operation and function of the bulk electricity supply system, including

scheduling of energy transactions and ancillary services;

(

e) settlement functions.

Eligibility for market participation

6 The market rules must establish criteria and procedures to accredit an applicant as

eligible to be [a] market participant, including criteria and procedures for credit support

and technical requirements.

Registration of facilities

7 The market rules must establish criteria and procedures for facilities required to be

registered with NSPSO.

Market information

8 The market rules must establish reporting and confidentiality requirements for market

information.

Market monitoring

9 The market rules must provide for collecting, maintaining, reporting on and analyzing

information and data required for the operation of the market.

Market surveillance

10 NSPSO must provide the Board with the information and data that the Board requests

for market surveillance and for any investigation directed by the Board.

Wholesale market advisory committee

11 The market rules must establish a wholesale market advisory committee and outline its

mandate.

Resolution of disputes

12 The market rules must establish methods to resolve disputes between a market

participant and NSPSO.

Amendment of market rules

(1) The market rules must establish criteria and procedures for NSPSO to amend,

subject to subsection 4(3), the market rules.

(2) The market rules must establish criteria and procedures for an urgent amendment

to the market rules.

(3) The market rules must establish procedures and requirements for the application

for and the publication of an amendment to the market rules.

Temporary waiver from market rules

(1) The market rules must establish criteria and procedures by which NSPSO may

grant a temporary waiver from the application of any provision of the market rules.

(2) The market rules must establish procedures and requirements for the application

for and the publication of a temporary waiver.

Administration of market rules

(1) On the effective date of these regulations, the Minister must delegate to NSPSO

the administration and enforcement of the market rules.

(2) NSPSO is authorized to give instructions or directions under the market rules.

(3) NSPSO is authorized to make an order or decision under the market rules,

including an order or decision

(

a) authorizing a market participant to provide or convey, or to cause to be

provided or conveyed, electricity or ancillary services into, through or out of

the transmission system; or

(

b) terminating, suspending or restricting a person’s right to provide or convey,

or to cause to be provided or conveyed, electricity or ancillary services into,

through or out of the transmission system.

Review of market rules

16 On application by any person, the Board may review any provision of the market rules.

Appeals to the Board

(1) A person who is subject to an order or decision made by NSPSO and has

attempted to resolve the matter as provided for in the market rules may appeal the

order or decision to the Board.

(2) A person whose application to become a market participant is rejected by NSPSO

and who has attempted to resolve the matter as provided in

Section 12 and in the

market rules may appeal to the Board.

(3) The Board may hear appeals respecting facilities that are required to be registered

with NSPSO after the parties have attempted to resolve the matter as provided in

Section 12 and the market rules.

Board’s powers

18 The powers of the Board respecting a hearing or an appeal under the Public Utilities Act

and regulations apply to a review or an appeal under the market rules.

Legislative History

Reference Tables

Wholesale Market Rules Regulations

N.S. Reg.

36/2007

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 Wholesale Market Rules Regulations 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

36/2007

Feb 1, 2007

date specified

Feb 16, 2007

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

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

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The reference in the definition of “Board” to the Utility

and Review Board should be read as a reference to the Regulatory and Appeals

Board under the Energy and Regulatory Boards Act , S.N.S. 2024, c. 2,

Sch A, in accordance with amendments to the Act made by

Part IX of the Energy

Reform

(2024) Act , S.N.S. 2024, c.2, which replace references to the

Board in the Act effective on proclamation (N.S. Reg 233/2024).

Apr 1, 2025

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire history

of regulations on this subject matter.