Board Regulatory Rules
made under Section 12 of the
Utility and Review Board Act
S.N.S. 1992, c. 11
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
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
5 (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
7 (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
8 (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
9 (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
10 (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
11 (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
12 (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
14 (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
15 (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;
or
(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.
16 (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
17 (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
19 (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
20 (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
22 (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
25 (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
26 (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
27 (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
31 (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
33 (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.
[Please note: Unless otherwise noted, square brackets in Forms A and B do not indicate editorial corrections
made by the ORR. They are part of the 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]