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Small Business Advocate Regulations
made under Section 92 of the
Public Utilities Act
R.S.N.S. 1989, c. 380
O.I.C. 2011-184 (May 24, 2011), N.S. Reg. 190/2011
1 These regulations may be cited as the Small Business Advocate Regulations.
2 In these regulations,
“Act” means the Public Utilities Act;
“NSPI” means Nova Scotia Power Incorporated.
Prescribed types of businesses
3 All of the following businesses operating as businesses in the Province that have made all required filings and registrations with the Registry of Joint Stock Companies and are in good standing with the Registry of Joint Stock Companies are prescribed as types of businesses to be included in the definition of small business in clause 92(1)(b) of the Act:
(a)a limited company;
(b) an incorporated company;
(c) a partnership;
(d) a sole proprietorship;
(e) a co-operative.
Prescribed rate classes and service tariffs
4 All of the following rate classes and service tariffs approved by the Board for NSPI are prescribed for a business to be included in the definition of small business in clause 92(1)(b) of the Act:
(a) small commercial rate class, small general tariff, rate code 10;
(b) commercial rate class, general tariff, rate code 11;
(c) small industrial rate class, small industrial tariff, rate code 21.
Prescribed limit of annual consumption of utility services
5 The prescribed limit of annual consumption of utility services for a business to be included in the definition of small business in clause 92(1)(b) of the Act is 150 000 kWh of electricity.
Qualifications for small business advocate
6 (1) To qualify for appointment under subsection 92(2) of the Act to act as a small business advocate in a hearing before the Board, a person must not
(a) be directly or indirectly employed by or have an interest in a public utility that is a party to the hearing; or
(b) have an interest in a stock, bond, mortgage, security or contract of a public utility that is a party to the hearing.
(2) When a person appointed under subsection 92(2) of the Act to act as a small business advocate becomes interested as described in clause (1)(a) or (1)(b),
(a) if the person became interested voluntarily, the appointment becomes vacant;
(b) if the person became interested involuntarily, the person must dispose of the interest within a reasonable time, as determined by the Board.
(3) If a person fails to dispose of an interest as required by clause (2)(b), the Governor in Council or the Board must declare the appointment vacant.
(4) A person is not disqualified from being appointed to act as a small business advocate under subsection 92(2) of the Act because they are a customer or ratepayer of a public utility.