P-1-(i)Appendix A - Green Choice PPA
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gency – means any national, international, federal, provincial, state, municipal, county, regional or local government, organization or duly constituted authority, having jurisdiction, and includes: - (i) any department, commission, bureau...
AI summary The text defines key terms and entities relevant to regulatory and legal processes in Nova Scotia, including government agencies, programs, and financial mechanisms. It outlines the scope of 'Agency,' 'Green Choice Program,' 'Group,' 'Guarantee,' 'HST,' 'IESO,' and 'IFRS,' among others, providing context for their roles and applications in regulatory and energy-related matters.
ership, a joint venture, a trust, a Government Agency or other entity of any kind. Point of Isolation – means the designated disconnect switch that securely isolates the Facility from the System. Post-COD Amount – means the amount of the P...
AI summary This text defines various legal and regulatory terms related to energy procurement, including definitions of key financial and operational terms such as 'Point of Isolation,' 'Post-COD Amount,' and 'Prime Rate,' as well as the role of the 'Procurement Administrator' under the Electricity Act.
1.8 Energy Reform (2024) Act - (a) Reference is made to the Energy Reform (2024) Act which came into effect on April 1, 2025 and pursuant to which certain Laws and Regulations were amended and pursuant to which the More Access to Energy Ac...
AI summary The Energy Reform (2024) Act, effective April 1, 2025, outlines a transition of system operator functions from NSPI to the IESO, including the procurement of Ancillary Services and the enactment of Market Rules and Procedures. This transition may require amendments to the Agreement, with arbitration as a resolution mechanism if agreement cannot be reached.
13.1 Change in Law - (a) A " Change in Law " shall occur if: - (i) either (A) the Legislative Assembly of Nova Scotia causes to come into force any statute that was introduced as a bill in the House of Assembly of Nova Scotia or the Govern...
AI summary The definition of a 'Change in Law' includes statutory changes, orders-in-council, or regulations affecting the Seller's costs or revenues, excluding general laws, taxes, and certain pre-announced legislative actions. Exclusions include laws of general application, publicly discussed legislation, and those under the Electricity Act or Energy Reform (2024) Act.
14.1 Dispute Resolution - (a) If either Party considers that a dispute arising between the Parties as to the subject matter of this Agreement cannot be resolved between them, then such Party may deliver notice to the other Party describing...
AI summary This section outlines the dispute resolution process between the Parties, including steps for resolving disputes through senior executive meetings and binding arbitration under the Commercial Arbitration Act (Nova Scotia). The process includes selecting an arbitrator, cost-sharing, and enforcement of awards.
P-1-(ii)Appendix B - Green Choice PPA Blackline to PPA in M11455
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Local means the province of Nova Scotia. Local Benefits means goods and services for the Facility obtained from the Nova Scotia Supply Community, as set out in the Proposal. Local Benefits Shortfall has the meaning given to it in Section 2...
AI summary The text defines key terms related to energy regulation in Nova Scotia, including 'Local Benefits,' 'Market Rules and Procedures,' 'Marginal Cost Rate,' and 'More Access to Energy Act.' It outlines definitions relevant to energy generation, procurement, and regulatory compliance.
in force and effect at the time of execution, the foregoing provision will be revised to say: "Once proclaimed and in force and effect, the Energy Reform (2024) Act, the - (e)(b) More Access to Energy Act and the Energy and Regulatory Boar...
AI summary The text outlines provisions related to the Energy Reform (2024) Act and the More Access to Energy Act, detailing how these laws will govern the terms of an agreement, particularly in relation to market rules, procedures, and the transition of NSPI's functions to the IESO as System Operator.
span id="page-60-3"> (i) Either of the representations provided by the Seller under Section [7.1(k)](#page-55-1) or Section [7.1(l)](#page-55-2) is or becomes untrue at any time during the Term. - (j) The Seller is in breach of any of its...
AI summary This section outlines the Seller Events of Default, including breaches of representations, warranties, or obligations that could have a material adverse effect on NSPI. It also covers failure to achieve Commercial Operation by the Scheduled Commercial Operation Date or within 12 months thereafter, unless due to Force Majeure.
11.1 Definition of Force Majeure - (a) For purposes of the Agreement, " Force Majeure " or a " Force Majeure Event " means any event or circumstance that is beyond the control of the affected Party (" Affected Party ") and that has not bee...
AI summary The document defines 'Force Majeure' and 'Force Majeure Event' as events beyond a party's control, excluding those caused by the party's actions or omissions. Examples include natural disasters, epidemics, government orders, and delays in interconnection processes.
13.1 Change in Law - (a) A " Change in Law " shall occur if: - (i) either (A) the Legislative Assembly of Nova Scotia causes to come into force any statute that was introduced as a bill in the House of Assembly of Nova Scotia or the Govern...
AI summary This section defines a 'Change in Law' as legislative or regulatory actions by the Nova Scotia government that increase the Seller's costs or affect its net revenues, excluding general laws, taxes, or regulations that were publicly disclosed or introduced in a similar form prior to the Effective Date.
16.7 Notices Every communication provided for herein shall be in writing and delivered to, sent by recognized overnight delivery service or mailed by postage prepaid, or faxed, or e-mailed to, the Party to whom it is intended to be given a...
AI summary This section outlines the procedures for providing notices in the regulatory proceeding, detailing the methods of delivery, presumed receipt dates, and requirements for proof of delivery.
20 Business Days of the referral notice. If the Parties fail to agree within that period, either Party may apply to the ADR Institute of Canada (ADRIC) for the appointment of the Independent Expert by delivering to ADRIC (with a copy to th...
AI summary This section outlines the process for appointing an Independent Expert to determine a revised Energy Rate. If the Parties fail to agree within 20 Business Days of the referral notice, either may apply to the ADR Institute of Canada (ADRIC) for the appointment. If ADRIC cannot appoint the expert, either Party may apply to a judge of the Supreme Court of Nova Scotia.
8. Governing Law This agreement will be governed by and interpreted in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable in the Province of Nova Scotia.
AI summary The agreement is governed by the laws of Nova Scotia and applicable federal laws of Canada within the province. This establishes the legal framework for interpreting and enforcing the agreement.
P-1-(iii)Appendix C - DRAFT #1 Green Choice PPA 2026 - CLEAN
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tract Year, as calculated by NSPI in accordance with Good Utility Practice and consistent with the development of annual average marginal cost calculations conducted by NSPI for reporting to the Board Arm's Length – has the meaning specifi...
AI summary The text defines key terms used in the regulatory proceeding, including 'Arm's Length,' 'Board,' 'Business Day,' 'Certification,' 'Change in Law,' 'CIB,' 'Claimant,' and 'Commencement Date,' with references to relevant legislation and standards.
as set out in the Proposal. Local Benefits Shortfall has the meaning given to it in Section 2.8 Local Benefit Report means a report setting out the Seller's Local Benefit expenditure at COD. Market Rules and Procedures – means the document...
AI summary The document defines key terms related to energy regulations, market procedures, and legal frameworks in Nova Scotia, including definitions for 'Local Benefits Shortfall', 'Market Rules and Procedures', 'Marginal Cost Rate', and references to the 'More Access to Energy Act'. It also includes definitions related to energy measurement and Indigenous communities in Nova Scotia.
1.8 Energy Reform (2024) Act - (a) Reference is made to the Energy Reform (2024) Act which came into effect on April 1, 2025 and pursuant to which certain Laws and Regulations were amended and pursuant to which the More Access to Energy Ac...
AI summary This section discusses the Energy Reform (2024) Act, which came into effect on April 1, 2025, and its implications for the transition of system operator functions from NSPI to the IESO. It outlines how the Act may necessitate amendments to the Agreement, including the procurement of Ancillary Services and the introduction of Market Rules and Procedures by the IESO. Disagreements on amendments may be resolved through mandatory arbitration.
11.1 Definition of Force Majeure - (a) For purposes of the Agreement, " Force Majeure " or a " Force Majeure Event " means any event or circumstance that is beyond the control of the affected Party (" Affected Party ") and that has not bee...
AI summary The document defines 'Force Majeure' and 'Force Majeure Event' as events beyond the control of a party, excluding those caused by the party's actions or omissions. It includes natural disasters, epidemics, government orders, and specific delays related to interconnection processes.
11.2 Effect of Force Majeure - (a) If an Affected Party is unable, by reason of a Force Majeure Event, to perform or comply with its obligations under the Agreement, including a failure to achieve Commercial Operation by the Scheduled Comm...
AI summary This section outlines the impact of Force Majeure events on contractual obligations, including the requirement for prompt notice, mitigation efforts, and extensions to the Scheduled Commercial Operation Date. It also addresses the resolution of disputes regarding Force Majeure events through arbitration and the burden of proof.
esponding to the Project Lender's request for a new agreement pursuant to this Section [12.2(g),](#page-65-2) without duplication of any costs or expenses set out in Section [12.2(g)(ii).](#page-66-0) - (h) If the Project Lender has appoin...
AI summary This section outlines the procedures for responding to a Project Lender's request for a new agreement, specifying that no costs or expenses from Section 12.2(g)(ii) should be duplicated. It also details the rights of a Project Lender Agent or court-appointed receiver and the priority of Project Lender Security Agreements in the event of multiple requests.
13.1 Change in Law - (a) A " Change in Law " shall occur if: - (i) either (A) the Legislative Assembly of Nova Scotia causes to come into force any statute that was introduced as a bill in the House of Assembly of Nova Scotia or the Govern...
AI summary This section defines a 'Change in Law' as the introduction or amendment of statutes, orders-in-council, or regulations by the Nova Scotia government or legislature that increases the Seller's costs or affects its net revenues, unless certain exceptions apply, such as general laws, publicly disclosed legislation, or laws created under the Energy Reform (2024) Act.