E-10-(i)Book of Authorities
25 passages
Jurisdiction - 22(1) The Board has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it. - (2) The Board, as to all matters within its jurisdiction pursuant to this Act, may hear and de...
AI summary The Nova Scotia Utility & Review Board (NSUARB) holds exclusive jurisdiction over all matters under the UARB Act. It has authority to adjudicate both legal and factual questions within its jurisdiction as defined by the Act.
- 14. Reasonableness is the applicable standard for all grounds of appeal. … - Central's cross-appellant's factum: - 17. Central respectfully submits the issues in the cross appeal are questions of law. The standard of review with respect...
AI summary The document discusses the standard of review for appeals to the Nova Scotia Utility & Review Board (UARB), with Central and the Province agreeing on 'reasonableness' as the standard. The Province initially argued for 'correctness' in reviewing UARB's interpretation of the Expropriation Act, but the court rejected this, citing Supreme Court precedents affirming reasonableness for administrative tribunals' statutory interpretations.
- said that contextual analysis may overcome this presumption of reasonableness only "occasionally", "sparingly" and in "exceptional" cases. - [57] Next is Nova Scotia's caselaw under s. 30(1) of the UARB Act . - [58] This Court frequently...
AI summary The text discusses Nova Scotia's legal framework for appeals under the UARB Act, emphasizing reasonableness as the standard. It cites numerous NSCA cases affirming this principle and highlights the Expropriation Act's role in compensation determinations. The Board's authority under the UARB Act to resolve legal and factual questions in expropriation cases is noted.
- May 1, 2012. That was because, on May 30, 1998, the Province warned Central the parcel might be expropriated and, as Central had been told of the pending expropriation, there would be no compensation for future capital improvements on th...
AI summary Central claims compensation for land expropriation, arguing the Province's 1998 warning disrupted their plans. The Board found occupation existed despite the warning, rejecting the Province's claim that Central's failure to build by 2012 disentitles them. The Court affirms the Board's interpretation of 'occupation' and legal principles against rewarding the Province's actions.
- 55. At the hearing, Central provided no evidence that it had any active business plan to expand its operations, other than what its principal said he planned to do. … - 58. The Province submits that the Board's decision was unreasonable...
AI summary Central failed to provide evidence of active business plans beyond its principal's statements. The Province challenges the Board's award of disturbance damages for pre-expropriation delays, arguing insufficient evidence. The Board applied legal tests from Dell and Shun Fung , finding expropriation impeded Central's retail and distribution plans. The Province asserts factual findings are binding, limiting appeals to jurisdiction or law.
(b) and 27(3)(b)(ii) compensate for "reasonable" losses "arising out of or incidental to the owner's disturbance". The difference in statutory wording is immaterial. In Dell , para. 38, Cory J. said: The approach to damages flowing from ex...
AI summary The Board accepted Mr. Smith's testimony regarding expropriation impacts on Central's business plans. It found that Central's expansion plans were thwarted by the expropriation's shadow, supported by evidence. Legal references emphasize that expropriation can cause pre-existing damages through causation, not just temporal links.
n the Board's view, to an unacceptable degree of speculation. Further, the Board considers that there is merit in the submissions of the Province that these costs are too remote to be compensable in the circumstances of this matter. Accord...
AI summary The Board denied Central's claim for future losses, deeming them too speculative and remote. It adjusted the loss period determined by PwC, ending it one year earlier. Central's cross-appeal challenges the disallowance of future costs, arguing their reliability.
[227] As this Court said in Adekayode (quoted above, para. 45): - [42] … if there is some evidence, then the tribunal's factual findings and inferences are not appealable under the statute, nor are assessments of credibility, meaning the s...
AI summary The court reaffirms that factual findings and credibility assessments by tribunals are not appealable under the UARB Act. It emphasizes that the Board's determination of Central's future loss estimates lacking evidentiary support was reasonable. The cross-appeal is dismissed as the Board properly applied admissible evidence.
Conclusion and Costs - [231] I would dismiss the appeal and the cross-appeal. - [232] The parties filed submissions on costs of the appeal. - [233] Neither the UARB Act nor the Expropriation Act expressly addresses costs of an appeal to th...
AI summary The appeal and cross-appeal are dismissed. Costs are not addressed by the UARB Act or Expropriation Act, with Section 52 of the Expropriation Act providing that costs may be adjusted based on compensation. The Board has not determined costs, and the Court has discretion under Civil Procedure Rules 90.48 and 90.51.
s patent unreasonableness. See also: Harrison Blueberry Enterprises Ltd. v. Nova Scotia (Utility and Review Board) , 2006 NSCA 26 at para. 6; R. v. Superior Propane Inc. , 2004 NSCA 73 at para. 21. [265] I know of no decision by our Court...
AI summary The text discusses the standard of review for appeals from Nova Scotia Utility and Review Board (UARB) expropriation decisions, arguing that correctness under s. 30 of the UARB Act applies, despite post- Dunsmuir reasonableness defaults. It references cases like Harrison Blueberry Enterprises Ltd. v. Nova Scotia (Utility and Review Board) and R. v. Superior Propane Inc. to support the position.
RULES OF CONSTRUCTION
AI summary The document outlines rules of construction, including definitions and interpretations of terms used in regulatory proceedings involving Nova Scotia utility and energy efficiency programs, with extensive acronym listings for organizations, legislation, and programs.
Remuneration and expenses 7 Notwithstanding subsection (5) of Section 5, a member shall be paid such remuneration as the Governor in Council determines and, subject to the regulations, shall be reimbursed for reasonable travelling and othe...
AI summary The provision outlines that members of the Board receive remuneration set by the Governor in Council and are reimbursed for necessary expenses, as per the Utility and Review Board Act, 1992, chapter 11, section 7.
Powers of member - 17 (1) A member may administer oaths or affirmations, certify as to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, accounts, papers, records, documents and testimony....
AI summary Section 17 of the Utility and Review Board Act grants members authority to administer oaths, issue subpoenas, and compel witness testimony. Non-compliance with subpoenas or Board orders may result in contempt proceedings initiated by a Supreme Court judge. This provision underscores the Board's enforcement powers within regulatory proceedings.
Manner of taking evidence 18 The Board may, in an investigation, cause the evidence of witnesses residing within or without the Province to be taken in the manner prescribed by law for like depositions and civil actions in the Supreme Cour...
AI summary The Nova Scotia Utility and Review Board (Board) has the authority to take witness evidence in investigations, following procedures similar to those of the Supreme Court, as outlined in the Utility and Review Board Act, 1992, c. 11, s. 18.
Adjournment of hearing 20 A hearing may be adjourned from time to time by the Board on reasonable grounds on its own motion or on the request of a party to the proceedings. 1992, c. 11, s. 20.
AI summary The Nova Scotia Utility and Review Board (UARB) may adjourn hearings on reasonable grounds, either on its own motion or upon request by a party, as stipulated by the Utility and Review Board Act, 1992, c. 11, s. 20.
Rights of a party - 21 (1) A party may be represented before the Board by counsel. - (2) In a hearing before the Board, a party may call and examine witnesses, cross-examine opposing witnesses and present arguments and submissions. 1992, c...
AI summary The section outlines the rights of parties in proceedings before the Board, including the right to be represented by counsel, examine witnesses, cross-examine opposing witnesses, and present arguments. This is under the Utility and Review Board Act, 1992, c. 11, s. 21.
Jurisdiction - 22 (1) The Board has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it. - (2) The Board, as to all matters within its jurisdiction pursuant to this Act, may hear and d...
AI summary The Nova Scotia Utility and Review Board (UARB) holds exclusive jurisdiction over all matters within its authority under the Utility and Review Board Act, 1992, c. 11. It may adjudicate both legal and factual questions related to its jurisdiction as defined in section 22 of the Act.
Effect of judgment of court or pending matter - 23 (1) In determining a question of fact, the Board is not bound by the finding or judgment of a court in a proceeding involved in the determination of the fact, but such finding or judgment...
AI summary The Nova Scotia Utility and Review Board (Board) is not bound by court findings on factual questions, which are only prima facie evidence. The Board retains jurisdiction to hear such matters even if a court proceeding is pending. This is established under section 23 of the Utility and Review Board Act, 1992, c. 11.
Order 24 In any matter before the Board, it shall grant an order, either as specified in the application or notice of appeal or as the Board decides. 1992, c. 11, s. 24.
AI summary The Board is authorized to grant orders in matters before it, as specified in applications, notices of appeal, or as determined by the Board, per section 24 of the Utility and Review Board Act, 1992, c. 11.
Form of order 25 It is not necessary that an order of the Board show upon its face that any proceedings or notice were had or given or circumstances existed necessary to give it jurisdiction to make the order. 1992, c. 11, s. 25.
AI summary The Board's order does not require explicit jurisdictional details. It references the Utility and Review Board Act, 1992, chapter 11, section 25, which outlines that orders need not show proceedings or notices on their face.
Costs and witness fees - 28 (1) Except in respect of a proceeding pursuant to the Planning Act , costs of and incidental to a proceeding before the Board are in the discretion of the Board and may be fixed at a sum certain or may be taxed....
AI summary The Board has discretion to set costs for proceedings and determine witness fees. It may assign cost taxation responsibilities and scales. Witnesses are entitled to fees as determined by the Board under section 28 of the Utility and Review Board Act, 1992, c. 11.
Evidence - 32 (1) A document purporting to be certified by a member or by the Clerk to be a true copy of a document deposited with the Board or of any portion thereof is, without proof of signature or office of the person who purported to...
AI summary The text outlines rules regarding the evidentiary value of certified copies of documents submitted to the Nova Scotia Utility and Review Board, including conditions under which they are deemed valid and procedures for obtaining certified copies. It references the Utility and Review Board Act, 1992, c. 11, s. 32.
Annual report - 33 (1) The Board shall, in each year, make a report to the Governor in Council on its activities during the fiscal year ending in that year, and the report shall contain such particulars as the Governor in Council may presc...
AI summary The Nova Scotia Utility and Review Board (UARB) is mandated to submit an annual report to the Governor in Council, present it to the House of Assembly, and publish information on its activities under the Utility and Review Board Act, 1992, c. 11, s. 33.
Continuation of existing matter 49 For greater certainty, every matter before a predecessor board immediately before the coming into force of this Act shall be continued before the Board and, where any such matter has been heard, in whole...
AI summary The text ensures that matters before predecessor boards are continued under the new Board, with hearings by members who are part of the current Board. It references section 49 of the Utility and Review Board Act, 1992, c. 11.
21 12. PERFORMANCE REQUIREMENTS AND EVALUATIONS 22 23 24 12.1 EfficiencyOne's performance under the terms of this Agreement shall be measured in accordance with the performance requirements established by the UARB pursuant to Section 79M o...
AI summary EfficiencyOne's performance under the agreement is evaluated based on performance requirements established by the UARB under Section 79M of the Act, as outlined in Schedule 'C' - Performance Requirements.
80859Board Decision
8 passages
2.2Legislation [6] The Board is a statutory regulatory body created by the Utility and Review Board Act, S.N.S. 1992, c. 11. The Board's functions, powers, duties and jurisdiction are outlined in the UARB Act as follows:
AI summary The Nova Scotia Utility and Review Board (NSUARB) is established by the Utility and Review Board Act, S.N.S. 1992, c. 11. The Act outlines the Board's functions, powers, duties, and jurisdiction.
Jurisdiction - 22 (1) The Board has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it. - (2) The Board, as to all matters within its jurisdiction pursuant to this Act, may hear and d...
AI summary The NSUARB has exclusive jurisdiction over utility regulation under the Public Utilities Act, including EfficiencyOne's regulation via Sections 79A-79V. Section 79A defines electricity efficiency and conservation activities as key regulatory focus areas.
Interpretation 79A In this Section and Sections 79B to 79V, - (b) "electricity efficiency and conservation activities" means activities, programs or plans relating to - (i) the efficient use of electricity, - (ii) the conservation of elect...
AI summary The section defines 'electricity efficiency and conservation activities' to include demand reduction, efficient use, and cost-effective management. The statutory regime mandates that Nova Scotia Power must enter into an agreement with the franchise holder (EfficiencyOne) for these activities.
(2) Each agreement must - (a) be for a term of three years, ending on December 31 st of the third year of the agreement; - (b) not be terminable or terminated unless the franchise holder's franchise is terminated or the termination is appr...
AI summary Agreements must be three-year contracts ending on December 31st, non-terminable except by Board approval under Section 79N, detailing electricity efficiency activities and payment terms. The Board must approve agreements, with evaluation criteria outlined in Sections 79L(8) and (9).
Board's approval of agreements - 79L (8) The Board shall approve an agreement pursuant to this Section if, in addition to any other matters considered appropriate by the Board, it is satisfied that the agreement, including the proposed ele...
AI summary The NSUARB must approve agreements involving electricity efficiency and conservation activities if they align with customer interests and meet Section 79J requirements. Affordability for Nova Scotia Power Incorporated's customers is a key consideration, alongside other factors. Section 79H of the UARB Act mandates the Board to determine such activities.
Board determines required activities 79H The Board shall determine the cost-effective electricity efficiency and conservation activities that must be undertaken for the purpose of this Act.
AI summary The NSUARB is mandated to determine cost-effective electricity efficiency and conservation activities required under the UARB Act. These activities aim to promote energy efficiency and reduce consumption in accordance with regulatory obligations.
us statutes (explicit powers); and, the common law, by application of the doctrine of jurisdiction by necessary implication (implicit powers). This is discussed further at paragraph 51 of ATCO Gas: ...[tjhis rule allows for the application...
AI summary The text examines the NSUARB's jurisdiction to consider non-energy benefits in cost-effectiveness testing under the PUA, referencing the ATCO Gas case. NS Power argues there is no explicit or implicit statutory authority for this, while the doctrine of jurisdiction by necessary implication is discussed as a potential basis for implied powers.
2.3.4 Findings - [24] The starting point in this analysis is to clearly understand the Board's role in regulating EfficiencyOne and what electricity efficiency and conservation activities mean. Sections 79H and 791(1) state as follows: - 7...
AI summary The NSUARB regulates EfficiencyOne's electricity efficiency and conservation activities under the UARB Act, requiring Nova Scotia Power to implement cost-effective measures post-Implementation Date as per sections 79H and 79I(1).