Renewable Electricity Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/elecrenew.htm

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Renewable Electricity Regulations
made under Section 5 of the

Electricity Act

S.N.S. 2004, c. 25

O.I.C. 2010-381 (October 12, 2010), N.S. Reg. 155/2010

as amended up to O.I.C. 2014-26 (January 28, 2014), N.S. Reg. 14/2014

Table of Contents

Interpretation

Citation

Definitions for these regulations

Definitions for the Act and these regulations

Renewable Electricity Standards

Renewable electricity standard 2011

Renewable electricity standard 2013

Renewable electricity standard 2015

Renewable electricity standard 2020

Firm renewable electricity generation

Shortfalls and overages

Forest biomass cap

Minister’s determination

Qualifying for renewable electricity standards

Applying for electricity standard approval

Incomplete application for electricity standard approval

Criteria for approval of application for electricity standard approval

Issuance of electricity standard approval

Minister’s approval required to transfer electricity standard approval

Approved facility must continue to meet requirements

Transitional

Feed-in Tariff Program

Tariffs to be set by Board

Setting community feed-in tariff

Community feed-in tariff qualifications

Setting developmental tidal array tariff

Developmental tidal array tariff qualifications

Applying for feed-in tariff approval

Contents of application for community feed-in tariff approval

Application for developmental tidal array feed-in tariff approval

Contents of an application for developmental tidal array feed-in tariff approval

Use of information

Incomplete application for feed-in tariff approval

Approval or rejection of application for feed-in tariff approval

Minister’s approval required to transfer feed-in tariff approval

Approved applicant must continue to meet requirements

Interconnection queue

Standard power purchase agreement for feed-in tariff program

Minister’s consent required to assign power purchase agreement

Generator under feed-in tariff program must report to Minister

“One-window” committee for feed-in tariff program

Procurement of Renewable Low-Impact Electricity Under Section 4B of the Act

Responsibility of renewable electricity administrator

Request for proposals requirements

Proposal evaluation

Report on procurement

Requirement for request for proposals

Standard power purchase agreement for procurement

Records, Audits and Reporting

Renewable electricity standards progress reports

Books and records of renewable low-impact electricity generators

Audit or examination of renewable low-impact electricity generator

Duty of renewable low-impact electricity generator

Report by independent power producer

Enforcement

Minister’s powers

Order to comply

Compliance with order

Failure to comply

Penalties and enforcement respecting renewable electricity standard

Appeals

Appeals to the Board

Board powers

Interpretation

Citation                                                           

1     These regulations may be cited as the Renewable Electricity Regulations.

Definitions for these regulations

2     (1)    In these regulations,

 

“Act” means the Electricity Act;

 

“co-firing” means the combusting of biomass and fossil fuels at the same time;

Definition added: O.I.C. 2013-12, N.S. Reg. 10/2013.

         
“designated lands” has the same meaning as in the Indian Act (Canada);

Definition added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“device” means 1 or more turbines on a single frame or platform;

Definition added: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

“distribution system” means a system for conveying electricity at voltages of less than69 kV;

 

“electricity standard approval” means an approval issued under Section 14 to approvea generation facility as a renewable low-impact electricity generation facility for thepurposes of the renewable electricity standards;

 

“feed-in tariff program” means the program established by Section 4A of the Actunder which a public utility permits a generator to connect an electricity generationfacility to the public utility’s electrical grid;

 

“feed-in tariff approval” means an approval issued under Section 28 for an electricitygeneration facility that qualifies for the feed-in tariff program;

 

“firm” means, in respect of renewable low-impact electricity, that under normaloperating conditions the facility generating the electricity has the ability to operate at itsfull-rated capacity through the control of its operator rather than having its outputdependent upon the availability of the input source of energy, and applies only toelectricity generated by facilities commissioned after December 31, 2001;

Definition added: O.I.C. 2013-12, N.S. Reg. 10/2013.

 

“heritage renewable electricity” means all electricity that was contracted for orsupplied by a load-serving entity in the Province before January 1, 2002, and that, inthe opinion of the Minister, is generated from renewable sources;

 

“load-serving entity” means any one of the following:

 

                         (i)     NSPI,

 

                         (ii)    a municipal electric utility that purchases any or all of its electricity supplyfrom a supplier other than NSPI,

 

                         (iii)   an independent power producer that exports electricity;

 

“municipal electric utility” means any of the following:

 

                         (i)     the electrical utility for

 

                                  (A)   the Town of Antigonish,

                                  (B)   the Town of Berwick,

                                  (C)   the Town of Canso,

                                  (D)   the Town of Lunenburg, or

                                  (E)   the Town of Mahone Bay,

 

                         (ii)    the Electric Light Commissioners for Riverport, in the County ofLunenburg;

 

“Muskrat Falls Generating Station” means the generating facility proposed to beconstructed as part of the Lower Churchill Project in the Province of Newfoundlandand Labrador;

Definition added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“NS Mi’kmaw band council” means an entity referred to in clause 4A(8)(a) of the Act;

Definition added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“NSPI” means Nova Scotia Power Incorporated;

 

“primary forest biomass” means biomass produced from primary forest productsharvested in the Province and first used as a fuel;

 

“primary forest products” means primary forest products as defined in the Forests Act;

 

“renewable electricity administrator” means the renewable electricity administratorappointed under subsection 4B(1) of the Act to conduct a procurement of renewablelow-impact electricity;

 

“renewable low-impact electricity generation facility” means a facility in the Provincethat generates renewable low-impact electricity and has received all approvals andpermits required under these regulations or any other applicable enactment;

 

“renewable low-impact electricity generator” means a person who owns or operates arenewable low-impact electricity generation facility in the Province;

 

“request for proposals” means a request for proposals for procurement of renewablelow-impact electricity under Section 4B of the Act;

Definition added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“run-of-the-river hydroelectric electricity” means electricity that is generated fromflowing water in a river with minimal environmental effect on the river course and thatmay include the use of a dam structure;

 

“transmission system” means a system for conveying electricity at voltages of 69 kVor more;

 

“university” means any of the following institutions: Acadia University, AtlanticSchool of Theology, Cape Breton University, Dalhousie University, Mount SaintVincent University, Nova Scotia College of Art and Design, Saint Mary’s University,St. Francis Xavier University, University of King’s College or Université Sainte-Anne;

Definition replaced: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“untreated organic material” means organic material that has not been treated ororganic material that has been treated in conformance with a government policy orregulation respecting the material.

Definitions of “renewable electricity” and “renewable electricity standard” repealed: O.I.C. 2013-13, N.S. Reg.11/2013.      

Section 2 redesignated 2(1): O.I.C. 2014-18, N.S. Reg. 7/2014.

 

       (2)    In the definition of “device” in subsection (1), “turbine” means a rotating blade orappliance that is designed to capture the kinetic energy of the ocean.

Subsection 2(2) added: O.I.C. 2014-18, N.S. Reg. 7/2014.

Definitions for the Act and these regulations

3     (1)    In the Act and these regulations,

 

“biomass” means untreated organic material and includes material that has beenprocessed so as to change its size, shape, density, moisture level, or degree of purity,and secondary waste by-products from its processing, but does not include material forwhich other diversion methods are viable or the treated by-products of manufacturingprocesses;

 

“community economic-development corporation” means a communityeconomic-development corporation as defined in the Equity Tax Credit Act;

 

“cooperative” means a cooperative incorporated or continued under the Co-operativeAssociations Act or the Canada Cooperatives Act (Canada);

Definition amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“developmental tidal array” means

 

                         (i)     a tidal generation facility consisting of a single device with a capacitygreater than 0.5 MW, or

 

                         (ii)    a tidal generation facility consisting of multiple devices, each of which hasa capacity greater than 0.5 MW;

Definition replaced: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

“independent power producer” means a renewable low-impact electricity generator

 

                         (i)     of which no more than 49% of the securities entitling the holders to votefor the election of its directors are held by a public utility in combinationwith any affiliate of the public utility, and

 

                         (ii)    that sells electricity

 

                                  (A)   in the Province to public utilities for retail sales to the utilities’customers, or

 

                                  (B)   for export outside of the Province;

 

“municipality” means a regional municipality, a town or a county or districtmunicipality located in the Province;

Definition amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“not-for-profit body corporate” means a corporation that

 

                         (i)     qualifies as a non-profit organization under paragraph 149(1)(1)[(l)] of theIncome Tax Act (Canada), or

 

                         (ii)    is a registered charity under the Income Tax Act (Canada);

Definition replaced: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“Province” includes the lands and submarine areas within the limits of the offshorearea described in Schedule I to the Canada-Nova Scotia Offshore PetroleumResources Accord Implementation (Nova Scotia) Act as amended by the Schedule I(Offshore Area Limits) Amending Regulations made under that Act;

Definition added: O.I.C. 2014-18, N.S. Reg. 7/2014.                                                                                          

 

“renewable electricity” means all of the following:

 

                         (i)     heritage renewable electricity,

 

                         (ii)    renewable low-impact electricity generated after December 31, 2001,

 

                         (iii)   imported electricity that in the opinion of the Minister is generated fromrenewable resources;

Definition added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“renewable electricity standard” means a target share or amount of renewableelectricity to be supplied by a load-serving entity as prescribed by the regulations.

Definition added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

“renewable low-impact electricity” means electricity produced from any of thefollowing:

                         (i)     solar energy,

 

                         (ii)    wind energy,

 

                         (iii)   run-of-the-river hydroelectric energy,

 

                         (iv)   ocean-powered energy,

 

                         (v)    tidal energy,

 

                         (vi)   wave energy,

 

                         (vii)  biomass that has been harvested in a sustainable manner,

 

                         (viii) landfill gas,

 

                         (ix)   any resource that, in the opinion of the Minister and consistent withCanadian standards, is able to be replenished through natural processes orthrough sustainable management practices so that the resource is notdepleted at current levels of consumption;

 

“small-scale in-stream tidal” means a tidal generation facility that

 

                         (i)     consists of 1 or more devices, each of which has a capacity of 0.5 MW orless, and

 

                         (ii)    is capable of being interconnected with the electrical grid through adistribution system.

Definition replaced: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

       (2)    For the purposes of subclause (i) of the definition of “independent power producer” insubsection (1),

 

                (a)    a corporation is deemed to be an affiliate of another corporation if 1 of them isthe subsidiary of the other or if both are subsidiaries of the same corporation or ifeach of them is controlled by the same person;

 

                (b)    a corporation is deemed to be controlled by another person or by 2 or morecorporations if

 

                         (i)     voting securities of the 1st-mentioned corporation carrying more than 50%of the votes for the election of directors are held, other than by way ofsecurity only, by or for the benefit of the other person or by or for thebenefit of the other corporations, and

 

                         (ii)    the votes carried by those securities are entitled, if exercised, to elect amajority of the directors of the 1st-mentioned corporation; and

 

                (c)    a corporation is deemed to be a subsidiary of another corporation if

                         (i)     it is controlled by

                                  (A)   that other, or

 

                                  (B)   that other and 1 or more corporation, each of which is controlled bythat other, or

 

                                  (C)   2 or more corporations, each of which is controlled by that other, or

 

                         (ii)    it is a subsidiary of a corporation that is that other’s subsidiary.

Renewable Electricity Standards

Renewable electricity standard 2011

4     (1)    In each of the calendar years 2011 and 2012, each load-serving entity must supply itscustomers with renewable low-impact electricity produced by renewable low-impactelectricity generation facilities operated by independent power producers in an amountequal to or greater than 5% of the total amount of electricity supplied to its customersas measured at the customers’ meters for that year.

Subsection 4(1) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (2)    To meet the renewable electricity standard in subsection (1), a municipal electricutility that purchases any of its electricity supply from a supplier other than NSPI mustensure that at least 5% of that non-NSPI electricity supply is supplied by a renewablelow-impact electricity generator.

Renewable electricity standard 2013

5     (1)    In each of the calendar years 2013 and 2014, each load-serving entity must supply itscustomers with renewable low-impact electricity produced by renewable low-impactelectricity generation facilities in an amount equal to or greater than 10% of the totalamount of electricity supplied to its customers as measured at the customers’ metersfor that year.

Subsection 5(1) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (2)    Each load-serving entity must meet the renewable electricity standard in subsection (1)as follows:

 

                (a)    by continuing to at least supply 5% of its total annual sales from independentpower producers; and

Clause 5(2)(a) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

                (b)    by acquiring the additional renewable low-impact electricity required to meet thestandard from either independent power producers or from its own renewablelow-impact electricity generation facilities.

 

       (2A) Each year beginning with the calendar year 2013, NSPI must operate the PortHawkesbury biomass power generation plant as a base-loaded unit producing as closeas practical to its rated output on a continuous basis.

Subsection 5(2A) added: O.I.C. 2013-12, N.S. Reg. 10/2013.

 

       (2B) In planning to meet its obligations under subsections (1) and (2), NSPI must notinclude electricity from distribution system connected renewable energy generators.

Subsection 5(2B) added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (3)    To meet the renewable electricity standard in subsection (1), a municipal electricutility that purchases any of its electricity supply from a supplier other than NSPI mustensure that at least 10% of that non-NSPI electricity supply is supplied by a renewablelow-impact electricity generator.

 

       (3A) Electricity supply purchased by a municipal electric utility that is sold to NSPI as spillenergy under the Wholesale Market Non-Dispatchable Supplier Spill Tariff countstowards the municipal electric utility’s renewable electricity standard under subsection(1) if

 

                (a)    an equivalent amount of electricity is purchased from NSPI as backup/top-upenergy under the Wholesale Market Backup/Top-Up Service Tariff; and

 

                (b)    the supply is consumed within the same calendar year as it is purchased.

Subsection 5(3A) added: O.I.C. 2013-13, N.S. Reg. 11/2013.

Renewable electricity standard 2015

6     (1)    Each year beginning with the calendar year 2015 until 2020, each load-serving entitymust supply its customers with renewable electricity in an amount equal to or greaterthan 25% of the total amount of electricity supplied to its customers as measured at thecustomers’ meters for that year.

Subsection 6(1) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (2)    To meet the renewable electricity standard in subsection (1), NSPI must

 

                (a)    continue to supply at least 5% of its total annual sales from independent powerproducers; and

 

                (b)    acquire at least 300 GWh from independent power producers in addition to therenewable low-impact electricity required to meet the requirements of Sections 4and 5.

Subsection 6(2) replaced: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (3)    In planning for meeting its obligations under subsections (1) and (2) NSPI must notinclude electricity from distribution system connected renewable energy generators.

Subsection 6(3) replaced: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (4)    In meeting its obligations under subsections (1) and (2), NSPI may include othersources of renewable electricity, including:

 

                (a)    contributions from distribution system connected renewable energy generators;

 

                (b)    contributions of 150 GWh or less from co-firing non-primary forest biomass atits generation facilities;

 

                (c)    contributions from renewable electricity generating facilities that it owns oroperates.

Subsection 6(4) replaced: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (5)    To meet the renewable electricity standard in subsection (1), a municipal electricutility that purchases any of its electricity supply from a supplier other than NSPI mustensure that a minimum of 25% of that non-NSPI electricity supply is renewableelectricity.

 

       (6)    Electricity supply purchased by a municipal electric utility that is sold to NSPI as spillenergy under the Wholesale Market Non-Dispatchable Supplier Spill Tariff countstowards the municipal electric utility’s renewable electricity standard under subsection(1) if

 

                (a)    an equivalent amount of electricity is purchased from NSPI as backup/top-upenergy under the Wholesale Market Backup/Top-Up Service Tariff; and

 

                (b)    the supply [is] consumed within the same calendar year as it is purchased.

Subsection 6(6) added: O.I.C. 2013-13, N.S. Reg. 11/2013.

Renewable electricity standard 2020

6A  (1)    Each year beginning with the calendar year 2020, each load-serving entity must supplyits customers with renewable electricity in an amount equal to or greater than 40% ofthe total amount of electricity supplied to its customers as measured at the customers’meters for that year.

 

       (2)    NSPI must meet the renewable electricity standard in subsection (1) by

 

                (a)    continuing to meet the requirements in clauses 6(2)(a) and (b);

 

                (b)    continuing to meet the requirements of subsection 6(4); and

 

                (c)    directly or indirectly acquiring, to deliver to customers in the Province, 20% ofthe electricity generated by the Muskrat Falls Generating Station if the MuskratFalls Generating Station and associated transmission infrastructure is completedand in normal operation and the UARB has approved an assessment againstNSPI under the Maritime Link Act and its regulations.

 

       (3)    In planning for meeting its obligations under subsections (1) and (2) NSPI must notinclude electricity from distribution connect renewable energy generators.

 

       (4)    To meet the renewable electricity standard in subsection (1), a municipal electricutility that purchases any of its electricity supply from a supplier other than NSPI mustensure that a minimum of 40% of that non-NSPI electricity supply is renewableelectricity.

 

       (5)    Electricity supply purchased by a municipal electric utility that is sold to NSPI as spillenergy under the Wholesale Market Non-Dispatchable Supplier Spill Tariff countstowards the municipal electric utility’s renewable electricity standard under subsection(1) if

                (a)    an equivalent amount of electricity is purchased from NSPI as backup/top-upenergy under the Wholesale Market Backup/Top-Up Service Tariff; and

 

                (b)    the supply is consumed within the same calendar year as it is purchased.

Section 6A added: O.I.C. 2013-13, N.S. Reg. 11/2013.

Firm renewable electricity generation

6B   (1)    In the calendar year 2013, NSPI must produce or acquire at least 260 GWh of firmrenewable electricity.

 

       (2)    Beginning with the calendar year 2014, NSPI must produce or acquire at least350 GWh of firm renewable electricity each year.

Section 6A added: O.I.C. 2013-12, N.S. Reg. 10/2013; renumbered 6B: O.I.C. 2013-13, N.S. Reg. 11/2013.

Shortfalls and overages

7     (1)    A load-serving entity that is unable to meet a renewable electricity standard for aperiod of 12 months or less, because independent power producers cannot providecontracted electricity supplies at the contracted times or because of problems arisingfrom the load-serving entity’s own renewable generation assets, must supply enoughrenewable electricity from other sources to make up the shortfall during the period.

 

       (2)    A load-serving entity that will be unable to meet a renewable electricity standard forlonger than 12 months must apply to the Minister, who, if satisfied that the entity willbe unable to meet the standard as described in subsection (1) for longer than 12months, may permit the entity to supply enough renewable electricity from othersources to make up the shortfall on the terms and conditions determined by theMinister.

 

       (3)    The Board must allow a public utility to recover the costs of the public utility’s ownrenewable generation assets on the basis approved by the Board under the PublicUtilities Act, together with the recovery of the costs of tariffs allowed under subsection4A(6) of the Act and the costs of the public utility’s contracts allowed undersubsection 4B(13) of the Act, to a maximum of costs in relation to a supply ofrenewable low-impact electricity of no more than the following:

 

                (a)    133% of the minimum renewable electricity standard in Section 5;

 

                (b)    125% of the renewable electricity standard in Section 6.

Section 7 replaced: O.I.C. 2013-12, N.S. Reg. 10/2013.

 

       (4)    For greater certainty, nothing in subsection 7(3) affects Section 6 of the Order of theNova Scotia Utility and Review Board dated September 12, 2012, in Matter M04862,which remains in effect unless and until modified by the Board.

Subsection 7(4) added: O.I.C. 2014-26, N.S. Reg. 14/2014.

Forest biomass cap

8     (1)    No more than 350 000 dry tonnes annually of primary forest biomass over the averageamount of primary forest biomass consumed annually in the Province for the years1995 to 2005, that average being 3.285×106 dry tonnes, may be used to attain anyrenewable electricity standard.

Subsection 8(1) replaced: O.I.C. 2013-12, N.S. Reg. 10/2013.

 

       (2)    For the purposes of a renewable low-impact electricity generation facility that usesprimary forest biomass, only the amount of electricity the Minister determines isgenerated from the use of primary forest biomass as permitted by subsection (1)qualifies for any renewable electricity standard.

Minister’s determination

9     For each calendar year starting with the year 2011, the Minister must determine, for eachload-serving entity,

 

                (a)    its total electricity sales;

 

                (b)    the total amount of renewable low-impact electricity that it produced; and

 

                (c)    the proportion of its total supply of renewable low-impact electricity that wasproduced by independent power producers.

Qualifying for renewable electricity standards

10   (1)    Electricity purchased by a public utility under the feed-in tariff program qualifies forany renewable electricity standard.

 

       (2)    Any person other than a person who has been issued a feed-in tariff approval mayapply to the Minister for an electricity standard approval.

Applying for electricity standard approval

11   An application for an electricity standard approval must

 

                (a)    be submitted to the Minister in a form required by the Minister;                    

 

                (b)    be completed and signed by an authorized signatory of the applicant; and

 

                (c)    for a biomass project, include a biomass fuel procurement plan outlining how theapplicant intends to ensure that its fuel supply will meet sustainable harvestingrequirements.

Section 11 replaced: O.I.C. 2013-12, N.S. Reg. 10/2013.

Incomplete application for electricity standard approval

12   (1)    If an application for an electricity standard approval is not complete or additionalinformation is required, the Minister must notify the applicant in writing no later than90 days after receipt of the application and request the information necessary to makethe application complete.

       (2)    If the information requested under subsection (1) is not provided by the applicantwithin 90 days of the request, the Minister may reject the application and, if so, mustimmediately notify the applicant in writing that the application has been rejected.

Criteria for approval of application for electricity standard approval

13   (1)    Subject to subsection (3), the Minister must approve an application for an electricitystandard approval if the generation facility

 

                (a)    is to be located in the Province;

Clause 13(1)(a) amended: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

                (b)    will produce renewable low-impact electricity; and

 

                (c)    if it was constructed before December 31, 2001, it has increased its output sinceDecember 31, 2001,

 

                         (i)     by having expanded or through technology upgrades, or

 

                         (ii)    by having undergone a major rebuild in lieu of retirement.

 

       (2)    For a facility described in clause (1)(c), only the output that exceeds the capacity of thefacility before the expansion, upgrade or major rebuild qualifies for the 2011 and 2013electricity standards in Sections 4 and 5.

 

       (3)    Before being approved under subsection (1), an applicant who is requesting approvalof a biomass generation facility must satisfy the Minister that their biomass fuelprocurement plan demonstrates that the applicant will meet sustainable harvestingrequirements.

Subsection 13(3) added: O.I.C. 2013-12, N.S. Reg. 10/2013.

Issuance of electricity standard approval

14   On approving an application for an electricity standard approval, the Minister must issue theapplicant an electricity standard approval subject to any terms and conditions that theMinister determines are appropriate.

Minister’s approval required to transfer electricity standard approval

15   An electricity standard approval must not be transferred without the prior written approval ofthe Minister.

Approved facility must continue to meet requirements

16   A renewable low-impact electricity generation facility that is issued an electricity standardapproval must meet all of the following requirements:

 

                (a)    it must continue to meet the requirements of these regulations;

 

                (b)    its electricity sales must not exceed its electricity production;

 

                (c)    if the electricity is to qualify for a renewable electricity standard, all emissioncredits or allowances arising from the use of renewable sources for electricityproduced by the facility and sold to a public utility must be transferred orassigned to the public utility purchasing the electricity.

Transitional

17   A certification issued under Section 7 of the Renewable Energy Standard Regulations madeunder the Act is continued as an electricity standard approval.

Feed-in Tariff Program

Tariffs to be set by Board

18   (1)    For the purposes of clause 4A(7)(e) of the Act, a run-of-the-river hydroelectricitygeneration facility is a class of generation facility to which a tariff applies.

 

       (2)    Subject to subsections (3) and (4), the Board must set a tariff for all of the followingclasses of electricity generation facility:

 

                (a)    all of the following, as required by clauses 4A(7)(a) to (d) of the Act:

 

                         (i)     wind power,

 

                         (ii)    biomass,

 

                         (iii)   small-scale in-stream tidal devices,

Subclause 18(2)(a)(iii) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

                         (iv)   developmental tidal arrays;

 

                (b)    run-of-the-river hydroelectricity.

 

       (3)    The Board must set separate tariffs for wind power with a capacity greater than 50 kWand wind power with a capacity of 50 kW or less.

 

       (4)    The tariff for biomass must apply only to the electricity produced from a combinedheat and power plant.

 

       (5)    The Board must set separate tariffs for developmental tidal arrays with a single deviceand developmental tidal arrays with multiple devices, and may set multiple tariffs foreither type of developmental tidal array.

Subsection 18(5) added: O.I.C. 2013-155, N.S. Reg. 204/2013.

Setting community feed-in tariff

19   (1)    In this Section and in Sections 20 to 35, “community feed-in tariff” means a tariff setby the Board for any class of generation facility referred to in Section 18 except for adevelopmental tidal array.

Subsection 19(1) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (2)    In setting a community feed-in tariff, the Board must determine, for each class ofgeneration facility, the cost of the physical assets of a facility and may makeallowances for any of the following matters:

 

                (a)    depreciation;

 

                (b)    cost of labour and supervision;

 

                (c)    necessary working capital;

 

                (d)    organization expenses;

 

                (e)    overhead costs for engineering, superintendence, legal services, taxes andinterest during planning and construction, and similar matters not included in thecost of the physical assets;

 

                (f)    costs in whole or in part of land acquired in reasonable anticipation of futurerequirements;

 

                (g)    costs to interconnect the generation facility with the electrical grid;

 

                (h)    return on investment;

 

                (i)     additional matters that the Board considers appropriate.

Community feed-in tariff qualifications

20   (1)    For the purposes of clause 4A(8)(f) of the Act, in addition to the entities listed inclauses 4A(8)(a) to (e) of the Act, each of the following entities qualifies as agenerator for a community feed-in-tariff:

 

                (a)    a university;

 

                (b)    a wholly owned subsidiary of a municipality;

 

                (c)    a privately owned biomass combined heat and power plant that uses a portion ofthe heat produced;

 

                (d)    an entity that

 

                         (i)     is registered with the Registrar of Joint Stocks [Companies], and         

 

                         (ii)    is a joint venture among 2 or more of any of the generators referred to inclauses 4A(8)(a) and 4A(8)(c) to (e) of the Act and clauses (a) and (b) whohave contributed equity to the joint venture;

 

                (e)    an entity that

 

                         (i)     is registered with the Registrar of Joint Stocks [Companies], and

 

                         (ii)    1 of the generators referred to in clauses 4A(8)(a) and 4A(c) to (e) of theAct or in clauses (a) and (b) owns more than 50 % of the voting shares orholds majority control of the entity;

 

                (f)    the Kwilmu’kw Maw-klusuaqn Negotiation Office.

Subsection 20(1) amended: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

       (2)    In addition to the eligibility qualifications in subsection 4A(8) of the Act andsubsection (1), a generator must meet the following requirements to qualify as agenerator for a community feed-in-tariff:

Subsection 20(2) amended: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

                (a)    if it is a not-for-profit body corporate or a co-operative, a majority of itsmembers must reside in the Province and at least 25 members must reside in themunicipality where the generation facility is located;

 

                (b)    if it is a community economic-development corporation, at least 25 shareholdersmust reside in the municipality where the generation facility is located.

 

       (3)    To qualify as a generator for a community feed-in tariff, a generator must own ageneration facility, and the generation facility must meet all of the followingrequirements:

Subsection 20(3) amended: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

                (a)    it must be a generation facility in a class to which a community feed-in tariffapplies under subsection 19(1);

 

                (b)    if it uses biomass, it must be a combined heat and power generation facility;

 

                (c)    it must interconnect with the electrical grid through a distribution system;

 

                (d)    it must be located in the Province;

 

                (e)    if it is wholly owned by a municipality or a wholly owned subsidiary of amunicipality, it must be located within the boundaries of that municipality or theboundaries of an immediately adjacent municipality;

 

                (f)    if it is wholly owned by a[n] NS Mi’kmaw band council, it must be located ondesignated lands or lands acquired by a[n] NS Mi’kmaw band council through atransfer of fee simple or a lease;

 

                (g)    it must have been issued a feed-in tariff approval under Section 28.

 

       (4)    For the purposes of subsection (2), a generator owns a generation facility if it holds atleast a majority ownership in the generation facility.

 

       (5)    For greater certainty, subsection (4) does not apply to a municipality.

 

       (6)    The ownership requirements in subsection 4A(8) of the Act and in subsection (2) donot apply to a combined heat and power generation facility described in clause 3(b) ifthe heat is consumed or used by the generator or an affiliate generator.

Section 20 replaced: O.I.C. 2013-13, N.S. Reg. 11/2013.

Setting developmental tidal array tariff

21   In setting a tariff for developmental tidal arrays, the Board must take into account thosematters described in subsection 19(2) on a normal amortized basis, including the costs for themanufacture, deployment and operation of the developmental tidal array, but must not makeany allowance for any of the following matters:

 

                (a)    costs covered or reimbursed through any government grant;

 

                (b)    costs to interconnect the generation facility with the electrical grid.

Section 21 amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

Developmental tidal array tariff qualifications

22   (1)    For the purposes of clause 4A(8)(f) of the Act, in addition to the entities listed inclauses 4A(8)(a) to (e) of the Act, a privately owned developmental tidal arrayqualifies as a generator for a developmental tidal array tariff.

 

       (2)    To qualify as a generator for a developmental tidal array tariff, a generation facilitymust meet all of the following requirements:

 

                (a)    it must be located in the Province;

 

                (b)    it must meet the definition of “developmental tidal array” in these regulations;

 

                (c)    it must interconnect with the electrical grid;

 

                (d)    it must have been issued a feed-in tariff approval.

Section 22 replaced: O.I.C. 2014-18, N.S. Reg. 7/2014.

Applying for feed-in tariff approval

23   An application by a generator for a for a feed-in tariff approval must be

 

                (a)    submitted to the Minister in the form or manner required by the Minister, whichmay include filing electronically through the Internet; and

Clause 23(a) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

                (b)    completed and signed by an authorized signatory of the applicant.

Section 23 amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

Contents of application for community feed-in tariff approval

24   An application for a community feed-in tariff approval must include all of the followinginformation or documentation:

 

                (a)    the name, address, e-mail address and telephone and fax number of theapplicant and the name, title and address of the person to be contacted about theapplication;

                (b)    if applicable, proof of current registration with the Nova Scotia Registry of JointStock Companies;

 

                (c)    evidence that the applicant qualifies for the feed-in tariff program;

 

                (d)    a project concept identifying both of the following for the proposed generationfacility:

 

                         (i)     the type of facility,

 

                         (ii)    the location;

Clause 24(d) replaced: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

                (e)    documentation demonstrating that the applicant has knowledge of the municipalby-laws that apply to the project and a commitment to comply with them;

 

                (f)    documentation identifying the lands of any local NS Mi’kmaw band council thatmay be impacted by the project and demonstrating an acceptable means ofengaging those Mi’kmaw communities to identify any of their concerns orinterests, including interests in participation as owners, investors or suppliers;

Clause 24(f) replaced: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

                (g)    evidence of community support for the project, which may include

 

                         (i)     a municipal council resolution from the municipality within which theproject is to be located indicating support for the project, and

 

                         (ii)    letters or other written evidence of support for the project from membersof the community in which the project is to be located;

 

                (h)    documentation demonstrating the applicant’s knowledge and understanding ofthe type and scope of environmental approvals required for the project,including a statement of the environmental impact of the project;

 

                (i)     a business case that

 

                         (i)     includes a resource assessment,

 

                         (ii)    demonstrates the financial viability of the project at the appropriate tariffrate, and

 

                         (iii)   includes the projected capital costs of the project, includinginterconnection costs and the cost of and expected sources of capital;

 

                (j)     documentation demonstrating the applicant’s knowledge of the requirements foran archaeological or heritage site review, including a plan for completing thereview with cost and timing implications for the project;

 

                (k)    documentation demonstrating the applicant’s knowledge of the land ownershipand access issues for the proposed project site;

                (l)     evidence of discussions with NSPI on the technology requirements for theproject, including the availability of capacity on the distribution or transmissionsystem for the project, as the case may be;

 

                (m)   documentation demonstrating an understanding of the detailed technical studiesrequired for the project, including the costs of the studies;

 

                (n)    documentation demonstrating compliance with the ownership requirements insubsection 4A(8) of the Act and, if applicable, of subsection 20(3);

 

                (o)    for a biomass project, a biomass fuel procurement plan outlining how theapplicant intends to ensure that its fuel supply will meet sustainable harvestingrequirements;

 

                (p)    any additional information or documentation required by the Minister.

Section 24 amended: O.I.C. 2014-18, N.S. Reg. 7/2014.

Application for developmental tidal array feed-in tariff approval

24A(1)    An application for a developmental tidal array feed-in tariff approval may be madeonly in response to

 

                (a)    an invitation from the Minister to apply for an approval; or

 

                (b)    a public call for applications from the Minister.

 

       (2)    The Minister may invite or make a public call for an application for a developmentaltidal array feed-in tariff approval

 

                (a)    at any time and in respect of any location that the Minister considersappropriate; and

 

                (b)    subject to subclause 18(2)(a)(iv) and Section 32, on any terms and conditionsthat the Minister considers appropriate.

Section 24A added: O.I.C. 2014-18, N.S. Reg. 7/2014.

Contents of an application for developmental tidal array feed-in tariff approval

24B (1)    Except as provided in subsection (2), an application for a developmental tidal arrayfeed-in tariff must include all of the following information or documentation:

 

                (a)    the information and documentation listed in clauses 24(a) to (f);

 

                (b)    a project plan, including all of the following:

 

                         (i)     details about the previous applicable experience of the generator,

 

                         (ii)    a detailed description of the proposed facility,

 

                         (iii)   a resource and site assessment,

 

                         (iv)   a site plan,

                         (v)    a schedule identifying key milestones in the construction and deploymentof the developmental tidal array;

 

                (c)    a stakeholder and public engagement plan;

 

                (d)    a full description of the proposed technology to be deployed, including all of thefollowing:

 

                         (i)     a description of the devices and ancillary equipment to be used,

 

                         (ii)    the total nameplate capacity,

 

                         (iii)   evidence of ownership or licence to use the technology,

 

                         (iv)   evidence of any applicable certifications;

 

                (e)    a business plan that demonstrates the financial viability of the project, includingall of the following:

 

                         (i)     a detailed financial analysis based on the applicable tariff set by the Boardunder Section 4A of the Act and Section 18,

 

                         (ii)    projected costs, revenue and cash flow over the life of the developmentaltidal array;

 

                (f)    a risk management plan, including descriptions of all of the following:

 

                         (i)     any risks to health, safety and the environment,

 

                         (ii)    any risks relating to the construction, operation and schedule for thedevelopmental tidal array,

 

                         (iii)   any risks relating to technology failures;

 

                (g)    detailed plans to manage any risks described under clause (f) using industry bestpractices;

 

                (h)    information demonstrating how the proposed developmental tidal array willcontribute to each of the following:

 

                         (i)     building and maintaining public trust in the use of the marineenvironment to generate tidal energy,

 

                         (ii)    developing approaches and technologies for generating tidal energy thatare technically, economically and environmentally sustainable,

 

                         

(iii)                            building a tidal energy industry, and developing Nova Scotia skills,experience and technology relating to tidal energy;

 

                (i)     any plans the applicant has for future tidal energy development in the Province;

                (j)     any additional information required by the Minister in the invitation or publiccall for an application for a developmental tidal array feed-in tariff approval.

 

       (2)    The Minister may waive, in whole or in part, a requirement for any of the informationor documentation to be provided by an applicant under subsection (1) if the Minister issatisfied that the applicant has already provided the Department of Energy withinformation or documentation that meets the requirement.

Section 24B added: O.I.C. 2014-18, N.S. Reg. 7/2014.

Designated representatives

25   (1)    An applicant for a feed-in tariff approval must designate a representative in writing in aform required by the Minister and file the designation with the Minister.

 

       (2)    Once designated, a representative of an applicant or approval holder has soleresponsibility on behalf of the applicant or approval holder for

 

                (a)    corresponding with the Minister with respect to any application or approval orthe administration of these regulations, whether by written or electronic means;and

 

                (b)    any additional duties that are specified in a feed-in tariff approval issued to theapplicant or approval holder.

 

       (3)    An applicant or approval holder is responsible for advising its representative of therepresentative’s obligations under these regulations.

 

       (4)    An applicant or approval holder is liable for the acts or omissions of its representativewith respect to any matter to which the authority of the representative extends.

 

       (5)    A representative continues as a representative unless another representative issubstituted as provided for in subsection (8).

 

       (6)    The Minister may rely, without detriment, on any representations made or actionstaken by a representative.

 

       (7)    An applicant or approval holder is deemed to have notice of all correspondence fromthe Minister that is directed through the representative.

 

       (8)    An applicant or approval holder may, on giving the Minister 30 days’ notice inwriting, substitute another representative by filing a new designation with theMinister, and on filing, the former designation is revoked.

 

       (9)    A reference in these regulations to an applicant or the holder of a feed-in tariffapproval includes the representative of the applicant or the approval holder.

Use of information

26   In order to complete the application process and for the purposes of the “one-window”committee identified in Section 35, the information in an application for a feed-in tariffapproval may be shared with another department or agency of the Government of NovaScotia, a department or agency of another provincial government or the Government ofCanada, or a load-serving entity.

Section 26 replaced: O.I.C. 2014-18, N.S. Reg. 7/2014.

Incomplete application for feed-in tariff approval

27   (1)    If an application for a feed-in tariff approval is not complete or additional informationis required, the Minister must notify the applicant in writing no later than 90 days afterreceipt of the application and request the information necessary to make the applicationcomplete.

 

       (2)    If the information requested under subsection (1) is not provided by the applicantwithin 90 days of the request, the Minister may reject the application and, if so, mustimmediately notify the applicant in writing that the application has been rejected.

Approval or rejection of application for feed-in tariff approval

28   (1)    The Minister may approve or reject an application for a feed-in tariff approval if

 

                (a)    the application satisfies the requirements of the Act and these regulations; and

 

                (b)    the Minister determines that the application is consistent with the Department ofEnergy’s policies and objectives for the development of renewable low-impactelectricity resources and industries.

Subsection 28(1) replaced: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

       (1A) In deciding whether to approve or reject an application for a feed-in tariff approval, theMinister may take into account any matter that the Minister considers relevant and inthe public interest.

Subsection 28(1A) added: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

       (2)    For wind power generation facilities with a capacity of 50 kW or less, feed-in tariffapprovals must be issued for no more than a maximum of 5 mW total capacity.

 

       (3)    On approving or rejecting an application, the Minister must notify the applicantaccordingly.

 

       (4)    On approving an application, the Minister must issue the applicant a feed-in tariffapproval subject to any terms and conditions that the Minister determines areappropriate.

Minister’s approval required to transfer feed-in tariff approval

29   A feed-in tariff approval must not be transferred without the prior written approval of theMinister.

Approved applicant must continue to meet requirements

30   An applicant that has been issued a feed-in tariff approval must continue to meet theapplicable requirements of these regulations and must diligently pursue the construction andcompletion of the applicant’s project.

Interconnection queue

31   At the request of an applicant that has been issued a feed-in tariff approval, NSPI must placethe applicant’s generation facility in the next available place in the queue forinterconnection with the electrical grid.

Standard power purchase agreement for feed-in tariff program

32   (1)    The Minister, in consultation with NSPI, must prepare a standard form of powerpurchase agreement to be used for the feed-in tariff program and must have the formof power purchase agreement approved by the Board.

 

       (1A) A separate standard form of power purchase agreement may be prepared andapproved for any class of generation facility to which the feed-in tariff programapplies.

Subsection 32(1A) added: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

       (2)    When a feed-in tariff approval is issued, the applicant and NSPI are deemed to haveentered into a power purchase agreement in the form provided for in subsection (1)effective from the date of the approval.

Subsection 32(2) amended: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

       (3)    The intended parties to a power purchase agreement may agree to changes to thestandard power purchase agreement provided for in subsection (1) and, if so, the formof power purchase agreement as agreed to by the parties must be provided to theMinister.

 

       (3A) The applicant must be in good standing under the terms and conditions of their feed-intariff approval at the time of commercial operation and the Minister must issue a letterto NSPI indicating the expected annual output of the project.

Subsection 32(3A) added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

Minister’s consent required to assign power purchase agreement

33   A power purchase agreement entered into under the feed-in tariff program must not beassigned without the prior written consent of the Minister.

Generator under feed-in tariff program must report to Minister

34   Within 30 days of the interconnection of a renewable low-impact electricity generationfacility with the electrical grid under the feed-in tariff program, the renewable low-impactelectricity generator that owns or operates the facility must provide a report to the Ministerthat details all of the following:

 

                (a)    the total capital costs for the project;

 

                (b)    for each project expenditure for goods or services in the amount of $50 000 orgreater, the name and address of the supplier or contractor providing the goodsor services.

“One-window” committee for feed-in tariff program

35   (1)    To coordinate applications for community feed-in tariff approvals, the Ministers of thefollowing departments must each designate 1 or more representatives to serve on a“one-window” committee under the direction of the Minister of Energy:

Subsection 35(1) amended: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

                (a)    Agriculture;

 

                (b)    Energy;

 

                (c)    Environment;

 

                (d)    Fisheries and Aquaculture;

 

                (e)    Natural Resources;

 

                (f)    Service Nova Scotia and Municipal Relations;

[Note: Effective April 1, 2014, the reference to the Department of Service Nova Scotia and Municipal Relations should be read as a reference to the Office of Service Nova Scotia in accordance with Order in Council 2014-71 under the Public Service Act, R.S.N.S. 1989, c. 376.]

 

                (g)    Communities, Culture and Heritage;

Clause 35(1)(g) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

                (h)    Transportation and Infrastructure Renewal.

 

       (1A) A separate “one-window committee” must be established to coordinate applicationsfor developmental tidal array feed-in tariff approvals under the direction of theMinister of Energy, and must include 1 or more designates from each of the followingdepartments or agencies:

 

(a)Energy;

 

(b)Environment;

 

(c)Fisheries and Aquaculture;

 

(d)Natural Resources;

 

(e)Labour and Advanced Education;

 

(f)Office of Aboriginal Affairs;

 

                (g)    any department or agency of another provincial government or the Governmentof Canada that agrees to participate on the “one-window” committee at therequest of the Minister of Energy.

Subsection 35(1A) added: O.I.C. 2014-18, N.S. Reg. 7/2014.

 

       (2)    The “one-window” committee must coordinate the providing of timely advice toapplicants under the feed-in tariff program about permits or approvals necessary fromthe respective departments for applicants’ projects, and the estimated time for theprocessing of permits and approvals.

Procurement of Renewable Low-Impact Electricity Under Section 4B of the Act

Responsibility of renewable electricity administrator

35AThe renewable electricity administrator must ensure that a procurement under Section 4B ofthe Act is fair, transparent and competitive, and subject to subsection 37(2) that the powerpurchase agreement executed by the bidder with the public utility is consistent with therequest for proposals.

Section 35A added: O.I.C. 2013-13, N.S. Reg. 11/2013.

Request for proposals requirements

35B (1)    The primary basis for evaluating bids under a request for proposals is the degree towhich the proposal provides the best value from renewable electricity for electricityratepayers, and this requirement must be clearly indicated in any request for proposals.

 

       (2)    A bidder must include the following their proposal:

 

                (a)    how the proposed project will comply with the requirements of theseregulations;

 

                (b)    how the proposed project will be economically viable;

 

                (c)    proof that it has the technical capacity necessary to undertake and complete theproposed project;

 

                (d)    the anticipated in-service date for the renewable low-impact electricitygeneration facility;

 

                (e)    any previous experience the bidder has with renewable electricity projects.

 

       (3)    The requirements set out in subsection (2) must be clearly indicated in any request forproposals.

Section 35B added: O.I.C. 2013-13, N.S. Reg. 11/2013.

Proposal evaluation

35CIn evaluating proposals submitted under a request for proposals, the renewable electricityadministrator must

 

                (a)    evaluate proposals in a timely fashion;

 

                (b)    respond to any concerns or questions from bidders in a timely manner;

 

                (c)    notify all bidders and the public utility in writing, no later than 7 days aftermaking their decision, in a manner consistent with the manner in which noticemay be provided under the request for proposals.

Section 35C added: O.I.C. 2013-13, N.S. Reg. 11/2013.

Report on procurement

35DFor each procurement, the renewable electricity administer must provide a final report inwriting to the Minister no later than 60 days after the notice provided for in clause 35C(c),that include[s] all of the following:

                (a)    a summary of the request for proposal process;

 

                (b)    details of the steps the renewable electricity administrator took to ensure a fair,transparent and competitive process;

 

                (c)    a comparative economic analysis of the bids received;

 

                (d)    details of any relevant considerations that support the renewable electricityadministrator’s selection of the successful bidder.

Section 35D added: O.I.C. 2013-13, N.S. Reg. 11/2013.

Requirement for request for proposals

36   If a request for proposals under Section 4B of the Act includes a request for a primary forestbiomass renewable low-impact electricity generation facility, the request for proposals mustrequire that a proponent provide a biomass fuel procurement plan that outlines how theproponent intends to ensure that its fuel supply will meet sustainable harvestingrequirements.

Standard power purchase agreement for procurement

37   (1)    The renewable electricity administrator must, in consultation with NSPI, prepare astandard form power purchase agreement to be used for procuring renewable low-impact electricity under Section 4B of the Act and must have the form of powerpurchase agreement approved by the Board before any procurement.

 

       (2)    The intended parties to a power purchase agreement may agree to changes to thestandard power purchase agreement provided for in subsection (1) and, if so, the formof power purchase agreement as agreed to by the parties must be provided to theMinister.

Records, Audits and Reporting

Renewable electricity standards progress reports

38   (1)    Each load-serving entity must report to the Minister annually, or at other intervalsdetermined by the Minister, to outline its progress in meeting the requirements of therenewable electricity standards.

 

       (1A) Each generator who receives a feed-in tariff approval must report to the Minister asfollows:

 

                (a)    annually, or at other intervals determined by the Minister;

 

                (b)    its progress in putting its generator into service and its actual in-service datewithin 30 days after such facility is put into service;

 

                (c)    the amount of electricity able to be connected following the system impact studyby the Nova Scotia System Operator;

 

                (d)    the annual amount of electricity expected to be produced prior to commercialoperation;

 

                (e)    the actual amount of electricity produced and any variance between actual andexpected.

Subsection 38(1A) added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

(2)The Minister may specify the form and content of the progress reports.

 

       (3)    The Minister may issue directions or orders to ensure that the requirements of thisSection are met.

Books and records of renewable low-impact electricity generators

39   Every renewable low-impact electricity generator must keep or cause to be kept appropriatebooks, records, accounts, documents and other information related to the ownership andoperation of its renewable low-impact electricity generation facility and its membership orownership at an office in the Province.

Audit or examination of renewable low-impact electricity generator

40   The Minister may at any time audit or examine the books and records of a renewable low-impact electricity generator to ensure the continued compliance by the renewable electricitygenerator with the Act and these regulations.

Duty of renewable low-impact electricity generator

41   For the purpose of an audit or examination under Section 40, a renewable low-impactelectricity generator must do all of the following:

 

                (a)    make its books, records, accounts, documents and other information available atall reasonable times to any person authorized by the Minister for the purpose,and provide the person with copies of documents requested by the person thatare reasonable for the purposes of the audit or examination;

 

                (b)    make copies of any operating agreement or other agreements between therenewable low-impact electricity generator and any other person in relation to theoperation or ownership of its renewable low-impact electricity generation facilityavailable at all reasonable times to any person authorized by the Minister for thepurpose;

 

                (c)    at any time, on any notice and under any supervision by or on behalf of therenewable low-impact electricity generator as is reasonable in thecircumstances,

 

                         (i)     give all reasonable assistance to a person authorized by the Minister tocarry out the audit or examination,

 

                         (ii)    provide access to all relevant sites, and

 

                         (iii)   answer orally or in writing all questions relating to the audit orexamination.

Report by independent power producer

42   If any event occurs, whether by operation of law or otherwise, that causes an independentpower producer to fail to comply with the requirements for an independent power producerunder these regulations, the independent power producer must immediately notify theMinister in writing of the event and provide any information that the Minister requires.

Enforcement

Minister’s powers

43   (1)    The Minister has all the power and authority necessary to implement, administer andenforce these regulations, including the power to issue directions or orders, and mustdo all of the following:

 

                (a)    establish a process for approving and auditing renewable low-impact electricitygeneration facilities and renewable low-impact electricity generators forcompliance with these regulations;

 

                (b)    establish a process for approving and re-approving renewable low-impactelectricity generation facilities and renewable low-impact electricity generators;

 

                (c)    establish accounts and records for a renewable low-impact electricity generatoror its representative;

 

                (d)    establish registries of renewable low-impact electricity generation facilities andinformation that the Minister determines to be necessary;

 

                (e)    establish limits for production or payments for excess electricity reported insubsection 38(1A).

Clause 43(1)(e) added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (2)    In addition to the powers and duties set out in subsection (1), the Minister may do anyof the following:

 

                (a)    audit approved renewable low-impact electricity generation facilities asnecessary to verify compliance with the Act and regulations;

 

                (b)    suspend or revoke an approval issued under these regulations;

 

                (c)    take any action that the Minister considers necessary to ensure that therequirements of these regulations are met;

 

                (d)    extend the time within which a condition of an approval issued under theseregulations must be met;

 

                (e)    prepare interpretations of these regulations, or policies, standards and guidelinesunder these regulations;

 

                (f)    suspend or revoke a procurement process under these regulations.

Clause 43(2)(f) added: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

       (3)    The Minister may authorize a representative of the Department of Energy to exercisethe Minister’s powers and authority, and to undertake the Minister’s responsibilitiesunder these regulations.

       (4)    The Minister may direct the Board to inquire into and report on any matter under theAct or these regulations if the Minister considers it necessary or advisable in order toeffectively carry out the intent and purpose of the Act.

Order to comply

44   (1)    If the Minister believes on reasonable grounds that a person has contravened or willcontravene any part of the Act or these regulations, the Minister may issue an orderrequiring the person to cease a specified activity or to take any action that the Ministerdirects.

 

       (2)    An order remains in effect until it is revoked, in writing, by the Minister.

 

       (3)    A copy of an order must be served on the person to whom it is directed.

Compliance with order

45   (1)    If an order issued under Section 44 is served on a person to whom it is directed, thatperson must comply with the order without delay or, if a period for compliance isspecified in the order, within the time period specified.

 

       (2)    Any order issued because of the failure of a cooperative, a not-for-profit bodycorporate or a community economic-development corporation to continue to meet theownership requirements in clause 20(2)(c), (d) or (e), as the case may be, must allow areasonable period of time for the person to whom the order is directed to comply withthe order.

Failure to comply

46   (1)    If a person to whom an order under Section 44 is directed does not comply with theorder or a part of the order, the Minister may take whatever action the Ministerconsiders necessary to carry out the terms of the order or, in the case of a renewablelow-impact electricity generator participating in the feed-in tariff program, may cancelor suspend a power purchase agreement to which the generator is party.

 

       (2)    Any power purchase agreement entered into or deemed to have been entered intounder the feed-in tariff program is subject to suspension or cancellation by theMinister as provided in subsection (1).

Penalties and enforcement respecting renewable electricity standard

47   (1)    A person who does any of the following is liable to a daily penalty of no more than$500 000 to a maximum aggregate of $10 000 000 per occurrence:

 

                (a)    fails to comply with the requirements of Section 4, 5 or, 6 or 6A;

Clause 47(1)(a) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

                (b)    fails, neglects, omits or otherwise refuses to do any act or thing required inrespect of Section 4, 5 or, 6 or 6A;

Clause 47(1)(b) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

 

                (c)    fails, neglects, omits or otherwise refuses to comply with a direction or order ofthe Minister to comply with Section 4, 5 or 6A or 6[, 6 or 6A].

Clause 47(1)(c) amended: O.I.C. 2013-13, N.S. Reg. 11/2013.

       (2)    Unless otherwise provided in the Act, a person is not subject to a penalty undersubsection (1) if the person establishes that they

 

                (a)    exercised due diligence; or

 

                (b)    reasonably and honestly believed in the existence of facts that, if true, wouldrender the conduct of the person excusable.

 

       (3)    No public utility may recover any penalty imposed on it under this Section through itsrates.

Appeals

Appeals to the Board

48   (1)    A person directly affected by an order or decision of the Minister made under theseregulations may, by written notice to the Board, appeal to the Board no later than 60days after the later of

 

                (a)    the date of the order or decision; and

 

                (b)    the date that the reasons for the order or decision are issued.

 

       (2)    If an appeal is taken under this Section, the Board may, by order, confirm the decisionunder appeal or make any other decision that the Board considers proper.

 

       (3)    The Minister is entitled to be heard by counsel or otherwise on the argument of anappeal under this Section.

Board powers

49   The powers of the Board respecting a hearing or an appeal under the Utility and ReviewBoard Act and the Public Utilities Act and regulations made under those Acts apply tohearings and appeals under the Act and these regulations.