BILL NO. 10

(as introduced)

1st Session, 62nd General Assembly
Nova Scotia
62 Elizabeth II, 2013

Government Bill

Maritime Link Act
(amended)

The Honourable Andrew Younger
Minister of Energy

First Reading: December 3, 2013

(Explanatory Notes)

Second Reading: December 5, 2013

Third Reading: December 12, 2013 (LINK TO BILL AS PASSED)

Clause 1 changes the title of the Maritime Link Act to encompass the amendments in this Bill.

(a) for a municipal grant in lieu of taxation with respect to property of an approved applicant by including it under Section 18 of the Nova Scotia Power Privatization Act;

(b) for expropriation by an approved applicant and approval of such expropriations by the Governor in Council;

(c) that Section 22 of the Nova Scotia Power Privatization Act respecting Parts VIII and IX of the Municipal Government Act and the Building Code Act applies to an approved applicant;

(d) that Section 23 of the Nova Scotia Power Privatization Act respecting liability applies to an approved applicant; and

(e) for Nova Scotia Power Incorporated to recover an approved assessment through its rates.

1 The title of Chapter 9 of the Acts of 2012, the Maritime Link Act, is amended by striking out "to Ensure Regulatory Review of" and substituting "Respecting".

2 Section 2 of Chapter 9 is amended by

(a) striking out "who" in the first line of clause (a) and substituting "that"; and

(b) adding immediately after clause (a) the following clause:

(aa) "approved applicant" means an applicant that has received an approval for the Maritime Link Project pursuant to the regulations;

3 Chapter 9 is further amended by adding immediately after Section 4 the following Sections:

4A The Review Board has all the powers and authority provided to it under the Utility and Review Board Act and the Public Utilities Act to carry out its duties under this Act and the regulations.

4B For greater certainty, the powers and authority of the Review Board include the power and authority to ensure compliance with any term, condition or requirement set out in a decision of the Review Board made under this Act or the regulations, including those set out in the decisions made with respect to the Maritime Link Project, dated July 22, 2013, and November 29, 2013.

4 Section 5 of Chapter 9 is amended by adding immediately after subsection (2) the following subsection:

(2A) Section 74 of the Public Utilities Act does not apply to an approved applicant.

5 Chapter 9 is further amended by adding immediately after Section 5 the following Sections:

5A For the purpose of taxation by a municipality, other than deed transfer tax, the property of an approved applicant is deemed to be the property of Nova Scotia Power Incorporated and subject to Section 18 of the Nova Scotia Power Privatization Act.

5B (1) An approved applicant may expropriate any land that the approved applicant considers necessary or useful for the Maritime Link Project.

(2) Upon a plan and description of the land being expropriated, signed by a person with legal capacity to sign for the approved applicant, being filed or registered in the registry of deeds for the registration district in which the land is located, the land is vested in the approved applicant.

(3) The Expropriation Act applies to an expropriation under this Section and the approved applicant is deemed to be the expropriating authority for the purpose of that Act.

(4) Notwithstanding the Expropriation Act, the Governor in Council is the approving authority for the purpose of that Act in respect of land expropriated pursuant to this Section.

(5) Notwithstanding the Expropriation Act, lands of an approved applicant may be expropriated by another expropriating authority only with the approval of the Governor in Council.

5C Section 22 of the Nova Scotia Power Privatization Act applies mutatis mutandis to an approved applicant with respect to the Maritime Link.

5D Section 23 of the Nova Scotia Power Privatization Act applies mutatis mutandis with respect to any contract for the supplying of electricity by an approved applicant as if the approved applicant were Nova Scotia Power Incorporated.

5E Nova Scotia Power Incorporated is entitled to recover through its rates an assessment against it that is approved by the Review Board for an approved applicant.