Costs Rules
made under Sections 20 and 34 of the
Energy and Regulatory Boards Act
S.N.S. 2024, c. 2, Sch. A
N.S. Reg. 260/2025 (effective November 28, 2025)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Application of Rules
Definitions
Request for costs
Award of costs
Burden of proof on party applying for costs
Costs reasonable and necessary for participation of non-profit intervenor
Non-profit intervenor pre-approval of costs
Eligibility for non-profit intervenor costs
Factors to consider in an award of costs to a non-profit intervenor
Groups ineligible for award of costs as a non-profit intervenor
Required information for pre-approval of non-profit intervenor costs
Costs requested by non-profit intervenor after proceeding
Advance of funds request
Accounting and recovery of pre-approved costs from non-profit intervenor
Costs for unreasonable, frivolous or vexatious conduct
Costs decision
Citation
1 These rules may be cited as the Costs Rules.
Application of Rules
2 (1) These rules apply to all proceedings before the Nova Scotia Energy Board and the
Nova Scotia Regulatory and Appeals Board except proceedings under the
following enactments:
(a) the Expropriation Act;
(b) the Municipal Government Act;
(c) the Halifax Regional Municipality Charter.
Definitions
3 In these regulations,
“Board” means the Nova Scotia Energy Board or the Nova Scotia Regulatory and
Appeals Board, or both Boards, as the context requires;
“party” means a party to a proceeding and includes counsel for a party;
“proceeding” includes an application, appeal, matter or thing the Board has
jurisdiction to hear and determine.
Request for costs
4 (1) The Board may consider an award of costs when requested by a party to a
proceeding.
(2) The Board may, on its own motion, ask whether a party seeks costs in any of the
following circumstances:
(a) the Board considers that a party may be unaware of the right to request
costs;
(b) the Board finds that the conduct of another party warrants an award of costs
against that party.
Award of costs
5 (1) The Board must not order a party to pay costs without providing a reasonable
opportunity for the party to make representations to the Board.
(2) The Board may order a cost award against counsel only in extraordinary
circumstances.
Burden of proof on party applying for costs
6 The burden of establishing eligibility for a cost award is on the party requesting costs.
Costs reasonable and necessary for participation of non-profit intervenor
7 The Board may award to an eligible non-profit intervenor the costs the Board considers
reasonable and necessarily related to the party’s participation in all or part of a
proceeding.
Non-profit intervenor pre-approval of costs
8 (1) A non-profit intervenor intending to participate in a proceeding before the Board
may apply to the Board for pre-approval of an award of costs at any time during
the proceeding.
(2) An application under this Section must be filed with the Clerk and served on the
other parties in the form required by the Board.
(3) The Board must determine a process for submissions on the application for costs
from the non-profit intervenor and other parties.
Eligibility for non-profit intervenor costs
9 After receiving an application under Section 8, the Board may pre-approve an award of
costs for a non-profit intervenor if the Board finds that the following criteria are met:
(a) the non-profit intervenor represents 1 or more of the following:
(i) the interests of ratepayers concerning services that are regulated by
the Board,
(ii) a specific public interest or policy perspective that is relevant to the
Board’s mandate and the proceedings before the Board,
(iii) an individual or group of individuals with a direct local interest in the
proceedings;
(b) the Board is satisfied that the non-profit intervenor
(i) has limited financial resources,
(ii) will participate in the hearing in a responsible way, and
(iii) will contribute positively to the Board’s understanding of the issues
to be addressed in the proceeding.
Factors to consider in an award of costs to a non-profit intervenor
10 (1) The Board may consider any of the following factors when determining whether to
award costs:
(a) whether the non-profit intervenor represents a public interest or policy
perspective not anticipated to be otherwise provided in the proceeding;
(b) the non-profit intervenor’s relevant expertise and experience;
(c) the non-profit intervenor’s contributions and behaviour in past and present
proceedings;
(d) the efficiency of the hearing[,] including avoiding the duplication of
evidence and argument;
(e) additional factors the Board considers relevant and appropriate in the
circumstances.
(2) The Board may consider any of the factors in subsection (1) when determining the
amount of costs to be awarded to a non-profit intervenor.
Groups ineligible for award of costs as a non-profit intervenor
11 (1) Except as otherwise directed by the Board under subsection (2), the following
groups are not eligible for pre-approval of costs as a non-profit intervenor:
(a) the applicant in the proceeding;
(b) a utility;
(c) a party regulated or licensed by the Board;
(d) for-profit electricity generators, including associations of those entities;
(e) electrification associations;
(f) municipalities, including associations of municipalities;
(g) provincial and federal government departments, agencies and Crown
corporations;
(h) gasoline retailers and wholesalers, including associations of those entities;
(i) other entities primarily representing commercial, institutional or industrial
interests, including associations of those entities.
(2) The Board may direct that an entity meeting the definition of one of the ineligible
groups in subsection (1) is eligible for pre-approval of costs in a proceeding if the
following conditions are met:
(a) the Board provides the parties to that proceeding a reasonable opportunity to
make representations on the issue;
(b) the Board is satisfied that the entity otherwise meets the criteria for a non-profit intervenor set out in Section 9.
Required information for pre-approval of non-profit intervenor costs
12 A non-profit intervenor seeking pre-approval of an award of costs must include the
following information in its application:
(a) the reasons why the intervenor is eligible for an award of costs, addressing
the criteria in Section 9;
(b) the specific issues the intervenor intends to address;
(c) a detailed budget including the following information, as applicable:
(i) counsel fees,
(ii) consultant fees, including supporting information on the consultant’s
qualifications, the issues they will address, and the nature and scope
of work the consultant will carry out to address the identified issues,
(iii) expected disbursements, such as transcript costs and travel and
accommodation directly related to the party’s participation in the
proceedings,
(iv) any additional or different information that the Board considers
relevant and appropriate about the costs claimed.
Costs requested by non-profit intervenor after proceeding
13 For greater certainty, Sections 8 to 12 apply, with necessary changes, to a non-profit
intervenor’s request for an award of costs made at the conclusion of a proceeding.
Advance of funds request
14 (1) When requesting pre-approval of an award of costs or at any other time during the
proceeding, a non-profit intervenor may request the Board to direct an advance of
funds for all or part of the costs requested.
(2) A request for an advance of funds must include all of the following information:
(a) a detailed budget in accordance with Section 12;
(b) information supporting the need for the advance.
Accounting and recovery of pre-approved costs from non-profit intervenor
15 (1) A non-profit intervenor that receives an advance of funds for pre-approved costs
under these rules must provide a full accounting of the funds to the Board no later
than 60 days after the Board issues its final order in the proceeding.
(2) At the request of a party or on its own motion, the Board may extend or shorten the
timeline set out in subsection (1) if the Board finds it reasonable to do so in the
circumstances.
(3) The Board may make an order for the repayment or recovery of any funds
advanced to a non-profit intervenor for costs in any of the following circumstances:
(a) the Board finds the conduct of the intervenor during the proceedings to be
clearly unreasonable, frivolous, or vexatious as determined in accordance
with Section 16;
(b) the funds have not been appropriately spent or disbursed.
Costs for unreasonable, frivolous or vexatious conduct
16 (1) If the Board finds a party’s conduct or course of conduct to be clearly
unreasonable, frivolous or vexatious, having regard to all the circumstances, the
Board may, at the request of a party or on its own motion
(a) award costs against the party;
(b) disallow all or part of an award of costs to the party.
(2) For the purposes of subsection (1), the following are examples of conduct that the
Board may determine to be clearly unreasonable, frivolous or vexatious:
(a) the actions or failure of a party to act in a timely manner that results in
prejudice to another party;
(b) an applicant or appellant who, without notice, fails to do either of the
following:
(i) attend a hearing,
(ii) send a representative to a hearing;
(c) a party who fails to reasonably co-operate with other parties during any
proceedings before the Board;
(d) a party’s conduct that unnecessarily lengthens or delays proceedings;
(e) a party’s failure to comply with a procedural order or direction of the Board
that results in prejudice to another party;
(f) a party continues to deal with issues the Board has advised are not relevant.
Costs decision
17 An order of the Board awarding costs must include the following information:
(a) the costs to be paid;
(b) the party to whom the costs are to be paid;
(c) the person who must pay the costs;
(d) if the Board determines that payment must be made, when a payment is to
be made and whether payments may be made in installments or in advance;
(e) any additional or different terms, conditions and directives the Board
considers reasonable.
The following regulations are not
yet in force and are not included in the current consolidation: