Time for Houston government to clean up regulator’s conflict on Halifax Water case
HALIFAX – Rental Housing Providers Nova Scotia is urging the Houston government to clean up a conflict of interest at the new Nova Scotia Regulatory and Appeals Board (NSRAB).
Former senior Halifax Regional Municipality (HRM) staffer Bruce Fisher is on the NSRAB panel reviewing Halifax Water’s 34% water rate increase. In June, Rental Housing Providers Nova Scotia made two written submissions to the NSRAB outlining the following concerns about Fisher:
- As a recipient of an HRM pension, Fisher benefits from the financial performance of Halifax Water, which is an employer member of the HRM Pension Plan, and HRM itself, which has already filed with the NSRAB during the current regulatory matter that Halifax Water’s rate application benefits HRM’s financial position;
- Provincial law, under the Halifax Regional Water Commission Act, states that Halifax Water is owned by HRM and that HRM Council appoints the entire Halifax Water Board of Commissioners, yet Fisher has claimed that Halifax Water and HRM are independent of each other; and
- Fisher has admitted a long history of advising HRM on financial issues affecting Halifax Water, including Halifax Water’s dividend policy, which is an issue being reviewed by the NSRAB.
Instead of voluntarily recusing himself from Halifax Water’s rate case or referring the question of conflict of interest to a third party, Fisher decided for himself whether he was in a conflict of interest. On Monday, July 14, Fisher communicated his decision that he wasn’t in a real or perceived conflict of interest.
“Imagine if Emera’s former director of finance was on the regulatory panel considering its subsidiary Nova Scotia Power’s electricity rate increase. Then imagine that the same person decided for themself that they weren’t in a conflict of interest. That’s what we have here with Bruce Fisher at the Nova Scotia Regulatory and Appeals Board with respect to Halifax Water,” said Russell. “We had hoped Mr. Fisher would do the right and honourable thing and recuse himself from this hearing, but since he has decided himself that he is not in a real or perceived conflict, we hope the Nova Scotia government will intervene and assure Halifax Water customers that the regulator will act in a real and perceived impartial manner.”
Russell has written Nova Scotia Finance and Treasury Board Minister John Lohr to use government’s authority under the Utility and Review Board Act to remove Fisher was from the Halifax Water case.
“We respect that Bruce Fisher is qualified to be a member of the NSRAB, but the stakes are too high with a proposed 34% Halifax Water rate increase to have him participating in this regulatory decision,” concluded Russell.
Questions?
Kevin Russell | Executive Director
O: 902.425.3572 | C: 902.789.0946 | E: kevin@rhpns.ca
211 Horseshoe Lake Drive, Suite 112, Halifax, NS, B3S 0B9
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