BILL NO. 38

(as introduced)

2nd Session, 59th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Private Member's Bill

Gas Distribution Act and Public Utilities Act
(amended)

Howard Epstein
Halifax Chebucto

First Reading: May 8, 2006

(Explanatory Note)

Second Reading:

Third Reading:

This Bill provides that, where the Governor in Council directs or the Utility and Review Board on its own decides, a small business advocate shall be appointed by the Board to participate in a hearing before the Board under the Gas Distribution Act or the Public Utilities Act.

1 Chapter 4 of the Acts of 1997, the Gas Distribution Act, is amended by adding immediately after Section 22A the following Section:

23 (1) Where the Governor in Council directs or the Board on its own motion decides, the Board shall appoint a person to act as a small business advocate in a hearing before the Board.

(2) A small business advocate appointed pursuant to subsection (1)

(a) shall participate in all aspects of the hearing before the Board and represent the interests of small businesses as a full intervenor with power to enter into settlement agreements with other parties; and

(b) has all the powers and authorities necessary to carry out the duties of a small business advocate pursuant to this Section.

(3) The Board may fix fees and expenses of a small business advocate in performing the functions and duties of a small business advocate pursuant to this Section.

(4) The fees and expenses referred to in subsection (3)

(a) shall be paid to the Board by the applicant or applicants in such proportion as determined by the Board; and

(b) may include the cost of retaining experts and legal counsel to provide the small business advocate with advice, including testimony, on technical and legal matters.

(5) The Board may make rules respecting practice and procedure, scope of work, fees and expenses and other matters respecting a small business advocate appointed pursuant to subsection (1).

(6) The Governor in Council may make regulations respecting the qualifications and experience of a small business advocate.

2 Chapter 380 of the Revised Statutes, 1989, the Public Utilities Act, is amended by adding immediately after Section 91 the following Section:

92 (1) Where the Governor in Council directs or the Board on its own motion decides, the Board shall appoint a person to act as a small business advocate in a hearing before the Board.

(2) A small business advocate appointed pursuant to subsection (1)

(a) shall participate in all aspects of the hearing before the Board and represent the interests of small businesses as a full intervenor with power to enter into settlement agreements with other parties; and

(b) has all the powers and authorities necessary to carry out the duties of a small business advocate pursuant to this Section.

(3) The Board may fix fees and expenses of a small business advocate in performing the functions and duties of a small business advocate pursuant to this Section.

(4) The fees and expenses referred to in subsection (3)

(a) shall be paid to the Board by the applicant or applicants in such proportion as determined by the Board; and

(b) may include the cost of retaining experts and legal counsel to provide the small business advocate with advice, including testimony, on technical and legal matters.

(5) The Board may make rules respecting practice and procedure, scope of work, fees and expenses and other matters respecting a small business advocate appointed pursuant to subsection (1).

(6) The Governor in Council may make regulations respecting the qualifications and experience of a small business advocate.