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Marine Renewable-energy General Regulations

made under Section 71 of the

Marine Renewable-energy Act

S.N.S. 2015, c. 32

O.I.C. 2018-14 (effective January 23, 2018), N.S. Reg. 8/2018

amended to O.I.C. 2024-385 (effective October 22, 2024), N.S. Reg. 225/2024



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Interpretation

Citation

Definitions

Public Consultations and Strategic Environmental Assessmentsfor Marine Renewable-electricity Areas

Public consultation process

Strategic environmental assessment process

Existing strategic environmental assessment documents

Licences and Permits

Call for applications

Application window for demonstration permit

Applying for licence

Licence period

Applying for permit under clause 35(1)(a) or (b) of Act

Applying for demonstration permit under clause 35(1)(c) of Act

Permit period

Simultaneous issuance of permits under clause 35(1)(b) of Act

Public notice of licensing or permitting process

Activity reports

Licence or permit renewal

Amending licences and permits, including licence and permit areas

Application incomplete until fee paid

Exceptional circumstances for extending period for review and decision on permit applications

Environmental Monitoring Plans

Contents of environmental monitoring plan

Amending environmental monitoring plan

Risk Management Plan

Contents of risk management plan

Decommissioning, Abandonment and Rehabilitation Plans

Requirement for decommissioning, abandonment and rehabilitation plan

Contents of decommissioning, abandonment and rehabilitation plan

Prescribed steps to decommission and rehabilitate

Amending decommissioning, abandonment and rehabilitation plan

Rents

Rents and fees prescribed

Rents and fees payable to Minister

Rents and fees not refundable

Waiver for FORCE Marine Renewable-electricity Area

Records

Records accessible from office in Province

Review and inspection at Minister’s request

Retention period for records



 


Interpretation


Citation

1        These regulations may be cited as the Marine Renewable-energy General Regulations.


Definitions

2        In these regulations,

 

“Act” means the Marine Renewable-energy Act;

 

“decommissioning, abandonment and rehabilitation plan” means a decommissioning, abandonment and rehabilitation plan required by subsection 44(2) of the Act and provided to the Minister in accordance with Sections 19 and 20;

 

“Department” means the Department of Natural Resources and Renewables;

 

“Nova Scotia Land Surveyor” means a Nova Scotia Land Surveyor as defined in the Land Surveyors Act;

 

“prescribed application fee” means the applicable application fee prescribed in the Marine Renewable-energy Fees Regulations made under the Act;

 

“risk management plan” means a written plan prepared in accordance with Section 18 for identifying, assessing, managing and mitigating risks associated with actions to be carried on under a licence or permit.


Public Consultations and Strategic Environmental Assessments
for Marine Renewable-electricity Areas


Public consultation process

3        The time and manner of issuing a notice containing the details of a public consultation under subsection 19(1) of the Act before establishing or materially modifying regulations establishing a marine renewable-electricity area are prescribed as follows:

 

                   (a)      the notice must be posted on the Department’s website during the public consultation process; and

 

                   (b)     if the public consultation process includes events that are to take place at a specific location,

 

                              (i)      the notice must be published in at least 1 newspaper with general circulation in that location no later than 2 weeks before the date of the event, or

 

                              (ii)     if there is no newspaper with general circulation in that location, the notice must be posted near the location in at least 2 places that are accessible to the public.


Strategic environmental assessment process

4        (1)    A person conducting a strategic environmental assessment under clause 20(1)(a) of the Act before establishing or materially modifying regulations establishing a marine renewable-electricity area must do all of the following:

 

                   (a)      prepare an initial report about the proposed marine renewable-electricity area that contains information about all of the following:

 

                              (i)      the environmental and socioeconomic conditions in the area,

 

                              (ii)     marine renewable-energy technologies,

 

                              (iii)    the potential interactions between the use of marine renewable-energy technologies and the environmental and socioeconomic conditions in the area,

 

                              (iv)    any gaps in the information available about the matters set out in subclauses (i) to (iii);

 

                   (b)     cause the report prepared under clause (a) to be posted on the Department’s website;

 

                   (c)      prepare a notice containing all of the following information:

 

                              (i)      a statement that any person may send comments about the assessment to the person conducting the assessment, and how and when comments may be sent,

 

                              (ii)     the date, time and location of any public meeting to take place on the assessment;

 

                   (d)     cause the notice prepared under clause (c) to

 

                              (i)      be posted on the Department’s website no later than the 30th business day after the date the report prepared under clause (a) is posted on the Department’s website, and

 

                              (ii)     remain posted on the Department’s website until the date that the report on the assessment required by clause (g) is posted;

 

                   (e)      conduct at least 1 public meeting that is in a location near the proposed marine renewable-energy area;

                   (f)      for each public meeting, cause the notice prepared under clause (c)

 

                              (i)      to be published in at least 1 newspaper with general circulation in the location of the meeting no later than 2 weeks before the date of the meeting, or

 

                              (ii)     if there is no newspaper with general circulation in that location, to be posted near the location in at least 2 places that are accessible to the public;

 

                   (g)     prepare a report on the assessment and cause the report to be posted on the Department’s website no later than 1 year after the date that the initial report is posted on the Department’s website as required by clause (b).

 

          (2)    A strategic environmental assessment of a proposed marine renewable-electricity area must be completed within the 10 years immediately preceding the date that the area is established.


Existing strategic environmental assessment documents

5        All of the following are identified as existing strategic environmental assessment documents for the purpose of subsection 20(2) of the Act:

 

                   (a)      “Fundy Tidal Energy Strategic Environmental Assessment Final Report”, prepared by the Offshore Energy Environmental Research Association for the Department, and dated April 2008;

 

                   (b)     “Final Report Background Report for the Fundy Tidal Energy Strategic Environmental Assessment”, given to the Offshore Energy Environmental Research Association by Jacques Whitford, and dated January 2008;

 

                   (c)      “Tidal Energy: Strategic Environmental Assessment (SEA) Update for the Bay of Fundy”, given by AECOM Canada Ltd. to the Offshore Energy Environmental Research Association, and dated January 2014;

 

                   (d)     “Marine Renewable Energy: Background Report to Support a Strategic Environmental Assessment (SEA) for the Cape Breton Coastal Region, inclusive of the Bras D’Or Lakes”, given to Offshore Energy Research Association of Nova Scotia by AECOM, and dated December 2012;

 

                   (e)      “OERA Marine Renewable Energy Strategic Environmental Assessment Cape Breton Coastal Region and Bras d’Or Lakes Phase II - Community Response Report”, given to the Offshore Energy Research Association of Nova Scotia by Stantec Consulting Ltd., and dated January 2014.


Licences and Permits


Call for applications

6        A call for applications must meet all of the following requirements:

 

                   (a)      it must be published on the Department’s website for a period of time beginning no later than 1 week before the first business day that an applicant may apply for a licence and ending no earlier than 1 business day after the last day that an applicant may apply for a licence;

 

                   (b)     it must include all of the following:

 

                              (i)      the dates that an applicant may apply for a licence,

 

                              (ii)     instructions for applying for a licence,

 

                              (iii)    the criteria that will be used to evaluate an application for a licence.


Application window for demonstration permit

6A     Notice of an application window for a demonstration permit must meet all of the following requirements:

 

                   (a)      it must be published on the Department’s website for a period of time beginning at least 1 week before the first business day on which an applicant may apply for a demonstration permit and ending no earlier than 1 business day after the last day on which an applicant may apply for a demonstration permit;

 

                   (b)     it must include all of the following information:

 

                              (i)      the period of time during which the application window is open,

 

                              (ii)     how to apply for a demonstration permit,

 

                              (iii)    the criteria that will be used to evaluate an application for a demonstration permit.


Applying for licence

7        An applicant for a licence must provide all of the following to the Minister or to another person specified in the call for applications:

 

                   (a)      the applicant’s name, address, e-mail address and telephone number;

 

                   (aa)    proof that the applicant is registered and in good standing with the Registry of Joint Stock Companies;

 

                   (b)     a schedule and description of the activities to be carried on under the licence that includes specific dates for all of the following:

 

                              (i)      the expected date that each of the following will be constructed or installed in the licence area:

 

                                        (A)   each generator intended to be operated under the licence,

 

                                        (B)   any cable, anchor or other equipment or structure intended to be used with a generator,

 

                              (ii)     the expected date that each generator intended to be operated under the licence will be interconnected with an electrical grid of a public utility or an onshore electricity consumer,

 

                              (iii)    the expected date that decommissioning and site rehabilitation activities will begin;

 

                   (c)      a description of each generator intended to be operated under the licence, including technical and operational information and its nameplate capacity;

 

                   (d)     a description of any cable, anchor or other equipment or structure intended to be constructed, installed or operated under the licence;

 

                   (e)      a survey of the proposed licence area prepared by a Nova Scotia Land Surveyor;

 

                   (f)      a plan showing the proposed location of any generator intended to be operated under the licence and any cable, anchor or other equipment or structure intended to be used with each generator;

 

                   (g)     a draft environmental monitoring plan;

 

                   (h)     a risk management plan;

 

                   (i)      a description of all steps taken by the applicant to identify the concerns of the public and aboriginal people with respect to the proposed generator and any cable, anchor or other equipment or structure intended to be constructed, installed or operated under the licence;

 

                   (j)      a list of all concerns expressed by the public and aboriginal people with respect to the proposed generator and any cable, anchor or other equipment or structure intended to be constructed, installed or operated under the licence;

 

                   (k)     a description of all steps taken or proposed to be taken by the applicant to address concerns of the public or aboriginal people identified under clause (j);

 

                   (ka)    a list of the directors of the applicant, including the name, address, e-mail address and telephone number of each director;

 

                   (kb)   the financial information required in the call for applications and accompanying guidance document, including any projected sources of income and financing;

 

                   (kc)    a statement confirming the applicant’s ability to carry out the proposed project;

 

                   (kd)   a list of all the permits or approvals the applicant will be required to obtain for the project and a plan for obtaining them;

 

                   (l)      any additional information specified in the call for applications;

 

                   (m)    the prescribed application fee.


Licence period

8        A licence must not remain valid for longer than 20 years.


Applying for permit under clause 35(1)(a) or (b) of Act

9        All of the following is prescribed under subsection 35(2) of the Act as information that is required to be contained in an application for a permit under clause 35(1)(a) or (b) of the Act:

 

                   (a)      the applicant’s name, address, e-mail address, and telephone number;

 

                   (aa)    proof that the applicant is registered and in good standing with the Registry of Joint Stocks Companies;

 

                   (b)     a schedule and description of the activities to be carried on under the permit that includes specific dates for all of the following:

 

                              (i)      the expected date that each of the following will be constructed or installed in the permit area:

 

                                        (A)   any generator intended to be operated under the permit,

 

                                        (B)   any cable, anchor or other equipment or structure intended to be operated under the permit;

 

                              (ii)     the expected date that decommissioning and site rehabilitation activities will begin;

 

                   (c)      a description of each generator intended to be operated under the permit, including technical and operational information and its nameplate capacity;

 

                   (d)     a description of any cable, anchor or other equipment or structure intended to be constructed, installed or operated under the permit;

 

                   (e)      a survey of the proposed permit area prepared by a Nova Scotia Land Surveyor;

 

                   (f)      a plan showing the proposed location of any generator, cable, anchor or other equipment or structure intended to be constructed, installed or operated under the permit;

 

                   (g)     information on any alternative sites considered by the applicant and an explanation of why the proposed site was selected over the alternative sites;

 

                   (h)     a description of any special site characteristics that are essential for the activities to be carried on under the permit;

 

                   (i)      if the permit is for a generator that the applicant believes uses an innovative technology or design, or takes an innovative approach to the production of marine renewable electricity or the development of marine renewable-energy resources, an explanation of the basis for this belief;

 

                   (j)      a draft environmental monitoring plan;

 

                   (k)     a risk management plan;

 

                   (l)      a description of all steps taken by the applicant to identify the concerns of the public and aboriginal people with respect to the proposed generator and any cable, anchor or other equipment or structure intended to be constructed, installed or operated under the permit;

 

                   (m)    a list of all concerns expressed by the public and aboriginal people with respect to the proposed generator and any cable, anchor or other equipment or structure intended to be constructed, installed or operated under the permit;

 

                   (n)     a description of all steps taken or proposed to be taken by the applicant to address concerns of the public or aboriginal people identified under subclause (m);

 

                   (na)    a list of the directors of the applicant, including the name, address, e-mail address and telephone number of each director;

 

                   (nb)   the financial information required in the application form and accompanying guidance document, including any projected sources of income and financing;

 

                   (nc)    a statement confirming the applicant’s ability to carry out the proposed project;

 

                   (nd)   a list of all the permits or approvals the applicant will be required to obtain for the project and a plan for obtaining them;

 

                   (o)     the prescribed application fee.


Applying for demonstration permit under clause 35(1)(c) of Act

10      (1)    All of the following is prescribed under subsection 35(2) of the Act as information that is required to be contained in an application for a demonstration permit under clause 35(1)(c) of the Act:

 

                   (a)      everything listed in clauses 9(a) to (o);

 

                   (b)     the expected date that the generator will be interconnected with an electrical grid of a public utility or an onshore electricity consumer;

 

                   (c)      the projected cost of designing, constructing and installing any generator, cable, anchor or other equipment or structure that is required to carry out the permitted activity;

 

                   (d)     a list of all sources of financing, including

 

                              (i)      a list of investors,

 

                              (ii)     a list of any grants and loans for which the applicant has applied or will be applying, and

 

                              (iii)    a list of the grants and loans that the applicant has or will receive;  

 

                   (e)      the projected costs and revenues relating to the operation of any generator, cable, anchor or other equipment or structure for the duration of the proposed period during which the permit will be valid;

 

                   (f)      the estimated cost of site rehabilitation and decommissioning of any generator, cable, anchor or other equipment or structure intended to be constructed, installed or operated within the permit area.

 

          (2)    [repealed]


Permit period

11      Except as provided in subsection 38(3) of the Act for a demonstration permit, a permit must not remain valid for longer than 10 years.


Simultaneous issuance of permits under clause 35(1)(b) of Act

11A   (1)    Upon awarding a licence after a call for applications, the Minister may also issue a permit under clause 35(1)(b) of the Act for cables, anchors or any other equipment or structure used or intended to be used with a generator under the licence without requiring a separate application or application fee for the issuance of that permit.

 

          (2)    If an applicant who applies for a permit under clause 35(1)(a) or 35(1)(c) of the Act indicates on their application that there are cables, anchors or any other equipment or structure used or intended to be used with a generator, the Minister may also issue a permit under clause 35(1)(b) of the Act at the same time without requiring a separate application or application fee for the issuance of that permit.

 

          (3)    A permit under clause 35(1)(b) of the Act issued in accordance with this Section must be issued at the same time as the licence or permit under clause 35(1)(a) or 35(1)(c) of the Act.


Public notice of licensing or permitting process

12      (1)    In addition to the information required by Section 34 of the Act, for public notice of the licensing process, and Section 41 of the Act, for public notice of the permitting process, all of the following information must be included in a public notice under either of those Sections:

 

                   (a)      the date that the licence or permit was issued;

 

                   (b)     a description of the activities to be carried on under the licence or permit.

 

          (2)    A public notice referred to in subsection (1) must be published on the Department’s website without unreasonable delay.


Activity reports

13      Each licence holder and demonstration permit holder must send reports to the Minister about the activities carried on under the licence or demonstration permit in accordance with the reporting requirements under the terms and conditions of their marine renewable-electricity licence or permit.


Licence or permit renewal

14      (1)    The process and requirements for renewing a licence or permit under Section 42 of the Act are as prescribed in this Section.

 

          (2)    A person who holds a licence or permit may apply to the Minister to renew the licence or permit by providing the Minister with all of the following:

 

                   (a)      a written request to renew the licence or permit;

 

                   (aa)    a statement confirming the person’s compliance with the licence or permit;

 

                   (ab)    a list of all sources of financing, including all of the following:

 

                              (i)      a list of investors,

 

                              (ii)     a list of any grants or loans for which the applicant has applied or will apply,

 

                              (iii)    a list of any grants or loans that the applicant has received or will receive;

 

                   (ac)    a list of all the permits or approvals the applicant has obtained or will be required to obtain for the project and a plan for obtaining them;

 

                   (ad)    a description of any changes to the corporate structure of the applicant since the licence or permit was issued;

 

                   (ae)    a list of the directors of the applicant, including the name, address, e-mail address and telephone number of each director;

 

                   (b)     any additional information the Minister considers necessary to decide on the application;

 

                   (c)      the prescribed application fee.

 

          (3)    The Minister must not renew a licence or permit if the Minister believes that doing so would not be in the public interest, or would not be consistent with the Department’s policies and programs.

 

          (4)    On renewing a licence or a permit issued under subclause 35(1)(a) or (b) of the Act, the Minister must not allow the period during which the licence or permit will remain valid to be longer than 10 years from the date that the licence or permit would have expired had it not been renewed.

 

          (5)    A person who holds a licence or permit must apply to the Minister to renew the licence or permit at least 6 months, but no more than 1 year, before the date the licence or permit expires.


Amending licences and permits, including licence and permit areas

14A   (1)    The process and requirements for altering a licence area or permit area or amending, adding or deleting a term or condition of a licence or permit under Section 46 of the Act are as prescribed in this Section.

 

          (2)    A person who holds a licence or permit may apply to the Minister to alter a licence area or permit area or amend, add or delete a term or condition of a licence or permit by providing the Minister with all of the following:

 

                   (a)      a written request outlining the nature of and rationale for the request;

 

                   (b)     any additional information the Minister considers necessary to decide on the request;

 

                   (c)      the prescribed fee as provided in the Marine Renewable-energy Fees Regulations made under the Act.

 

          (3)    The Minister must not alter a licence area or permit area or amend, add or delete a term or condition of a licence or permit if the Minister believes that doing so would not be in the public interest or would not be consistent with the Department’s policies and programs.

 

          (4)    The Minister must not consider an application to alter a licence area or permit area or amend, add or delete a term or condition made under subsection (2) if

 

                   (a)      the licence or permit holder is not in compliance with its existing approval; and

 

                   (b)     the Minister believes the alteration or amendment would not bring the licence or permit holder into compliance.


Application incomplete until fee paid

15      An application for a licence or permit, or for a related approval or consent for which there is a prescribed application fee, is not considered complete and ready for processing until the prescribed application fee is paid.


Exceptional circumstances for extending period for review and decision on permit applications

15A   (1)    For the purpose of these regulations, “exceptional circumstances” includes all of the following:

 

                   (a)      any circumstances that generally constitute force majeure, including, but not limited to, acts of God, storm, flood, terrorism, earthquake, war, rebellion, revolution or strike, pandemic, or any other event, happening or occurrence beyond the reasonable control of the applicant;

 

                   (b)     any other circumstances that could not be reasonably foreseen and that cannot be attributed to the applicant.

 

          (2)    If exceptional circumstances exist, an applicant may apply to the Minister to extend the period of time for review and decision on their permit application by providing the Minister with all of the following:

 

                   (a)      a written request outlining the nature of the exceptional circumstances and the rationale for the request;

 

                   (b)     any additional information the Minister considers necessary to decide on the request;

 

                   (c)      the prescribed fee as provided in the Marine Renewable-energy Fees Regulations made under the Act.

 

          (3)    The Minister must not extend the period of time for review and decision on a permit application if the Minister believes that doing so would not be in the public interest or would not be consistent with the Department’s policies and programs.


Environmental Monitoring Plans


Contents of environmental monitoring plan

16      (1)    An environmental monitoring plan must include all of the following:

 

                   (a)      a description of the existing environment in the licence area or permit area;

 

                   (b)     baseline data for the licence area or permit area that is publicly available at the time the plan is submitted to the Minister;

 

                   (c)      any baseline data that the licence holder or permit holder was required to collect under subclauses 31(1)(b)(i) and 38(1)(b)(i) of the Act;

 

                   (d)     an assessment of the potential effects on the environment of any generator, cable, anchor or other equipment or structure to be constructed, installed or operated under the licence or permit, and of how that infrastructure will interact with the environment, considering all of the following:

 

                              (i)      the physical characteristics of the licence area or permit area,

 

                              (ii)     the distribution and behavio[u]r of the species in the licence area or permit area,

 

                              (iii)    any existing information on the interaction between similar infrastructure and marine life;

 

                   (e)      the steps that will be taken and the procedures used by the licence holder or permit holder to collect environmental effects monitoring data and to evaluate any changes in the environment over time related to the activities carried on under the licence or permit, using the most appropriate science, technology, and resources reasonably practicable.

 

          (2)    In the definition of “environmental effects monitoring data” in clause 3(1)(f) of the Act, “marine environment” means the components of the Earth and includes all of the following:

 

                   (a)      air, land and water;

 

                   (b)     organic and inorganic matter and living organisms;

 

                   (c)      the interacting natural systems that include components referred to in clauses (a) and (b).


Amending environmental monitoring plan

17      (1)    A licence holder or permit holder may apply to the Minister to amend an approved environmental monitoring plan.

 

          (2)    An application to amend an approved environmental monitoring plan must include all the information that the Minister considers necessary to decide on the application.

 

          (3)    On receiving an application to amend an approved environmental monitoring plan, the Minister may amend the plan, subject to any terms or conditions that the Minister considers appropriate.


Risk Management Plan


Contents of risk management plan

18      The risk management plan required by clause 7(h) for a licence applicant and clause 9(k) for a permit applicant must include all of the following:

 

                   (a)      a description of the steps that the applicant has taken to identify, analyze and evaluate any risks relating to the activities to be carried on under the licence or permit, including any of the following:

 

                              (i)      risks to the environment and public safety,

 

                              (ii)     operational or technical risks,

 

                              (iii)    risks posed to activities that are or may be undertaken by other persons in the proposed licence area or permit area,

 

                              (iv)    financial risks,

 

                              (v)     health and safety risks;

 

                   (b)     a description of any risk identified by the applicant, an assessment of the probability that the risk will occur and, for each risk identified,

 

                              (i)      a qualitative and quantitative assessment of the probability that the risk will occur,

 

                              (ii)     a qualitative and quantitative assessment of the consequences of the risk occurring, and

 

                              (iii)    a description of the measures that the applicant proposes to take to anticipate, avoid, prevent, mitigate or manage the risk;

 

                   (c)      a description of how the applicant will inform all individuals directly affected by any identified risk of the risk and the measures that the applicant proposes to take to anticipate, avoid, prevent, mitigate or manage the risk;

 

                   (d)     a description of how the applicant will monitor compliance with the risk management plan, including any audits, inspections, data collection and analysis.


Decommissioning, Abandonment and Rehabilitation Plans


Requirement for decommissioning, abandonment and rehabilitation plan

19      (1)    The requirement in subsection 44(2) of the Act to provide the Minister with and obtain the Minister’s approval of a decommissioning, abandonment and rehabilitation plan applies to each licence holder and permit holder.

 

          (2)    A person must not construct or install a generator, cable, anchor or other equipment or structure in a licence area or a permit area until the Minister has approved the decommissioning, abandonment and rehabilitation plan for that licence area or permit area.


Contents of decommissioning, abandonment and rehabilitation plan

20      A decommissioning, abandonment and rehabilitation plan must include all of the following:

 

                   (a)      the steps that will be taken and the procedures that will be used to remove any generator, cable, anchor or other equipment or structure constructed, installed or operated under the licence or permit;

 

                   (b)     if it is proposed that any generator, cable, anchor or other equipment or structure constructed, installed or operated under the licence or permit be abandoned in place,

 

                              (i)      evidence satisfactory to the Minister to establish that doing so would be less harmful to public safety and the environment than removing the generator, cable, anchor or other equipment or structure, and

 

                              (ii)     the manner in which ongoing monitoring, maintenance and liability for the generator, cable, anchor or other equipment or structure that is proposed to be abandoned in place will be addressed;

 

                   (c)      the steps that will be taken and the procedures that will be used to rehabilitate any sub-aquatic lands that compose the licence area or permit area.


Prescribed steps to decommission and rehabilitate

21      (1)    The decommissioning and rehabilitation required by subsection 44(1) of the Act upon the completion of activity authorized by a licence or permit must be

 

                   (a)      carried out in accordance with the decommissioning, abandonment and rehabilitation plan approved for the licence area or permit area; and

 

                   (b)     completed before the date of the last calendar day that the licence or permit is valid.

 

          (2)    If a licence or permit is revoked before decommissioning and rehabilitation have been completed as required by subsection 44(1) of the Act and subsection (1), the person who held the licence or permit immediately before it was revoked must complete the decommissioning and rehabilitation by a date specified by the Minister.


Amending decommissioning, abandonment and rehabilitation plan

22      (1)    A licence holder or permit holder may apply to the Minister to amend their approved decommissioning, abandonment and rehabilitation plan.

 

          (2)    An application to amend an approved decommissioning, abandonment and rehabilitation plan must include any information that the Minister considers necessary to decide on the application.

 

          (3)    On receiving an application to amend an approved decommissioning, abandonment and rehabilitation plan, the Minister may amend the plan, subject to any terms or conditions that the Minister considers appropriate, or deny the application.


Rents


Rents and fees prescribed

23      (1)    The amounts set out in subsection (3) are prescribed for the purposes of determining the rents and fees that a licence holder or permit holder is liable for under Section 63 of the Act.

 

          (2)    Annual rental fees are calculated on the basis of a calendar year.

 

          (3)    Subject to the provision in subsection (4) for prorating payments, and unless waived under subsection (6) or by the Minister under Section 26, rent payments must be made in the amounts and within the times set out in the following table:


Type of Licence or Permit

Rent Payment Amount per Calendar Year

Rent Payment Deadline

licence

amount equal to the greater of

no later than 60 calendar days after the date the licence is issued, and every January 31 during the term of the licence

$2500.00 per megawatt of installed capacity under the licence

and

$20.00 per hectare in the licence area

permit under clause 35(1)(a) of Act:

 

 

if term is less than 1 year

amount equal to $48.08 for every week of the term of the permit

no later than 60 calendar days after the date the permit is issued

if term is 1 year or longer

$2500

no later than 60 calendar days after the date the permit is issued, and every January 31 during the term of the permit

permit under clause 35(1)(b) of Act

amount equal to the greater of

no later than 60 calendar days after the date the permit is issued, and every January 31 during the term of the permit

$500.00 for each cable that is in the permit area but outside the licence area and that connects a generator to an on-shore customer or power grid

and

$5.00 per linear metre of cable that is in the permit area but outside the licence area and that connects a generator to an on-shore customer or power grid

demonstration permit under clause 35(1)(c) of Act

amount equal to the greater of

no later than 60 calendar days after the date the permit is issued, and every January 31 during the term of the permit

$2500.00 per megawatt of installed capacity under the permit

and

$20.00 per hectare in the permit area

 

          (4)    Annual rent payments payable by a licence holder or permit holder in the first and last years of the term of the licence or permit must be prorated as follows:

 

                   (a)      the first annual rent payment must be prorated on the basis of the period of time between the date the licence or permit was issued and December 31 in the same year;

 

                   (b)     the last annual rent payment must be prorated on the basis of the period of time between January 1 in the last year of the term of the licence or permit and the last calendar day of the term.

 

          (5)    If rent is not paid on or before the date deadline for payment, the licence holder or permit holder must pay an additional late fee in an amount equivalent to 10% of the amount that was not paid on or before the deadline.

 

          (6)    If a licence, demonstration permit or unconnected permit holder also has a permit under clause 35(1)(b) of the Act and

 

                   (a)      the permit area is entirely or partially located within the licence, demonstration permit or unconnected permit area, as described in the licence, demonstration permit or unconnected permit, then the rent for the permit under clause 35(1)(b) of the Act may be waived; or

 

                   (b)     the permit area is located entirely outside of the licence, demonstration permit or unconnected permit area, then a separate rental fee will be charged for the permit under clause 35(1)(b) of the Act.


Rents and fees payable to Minister

24      All rents and fees under Section 23 are payable to the Minister of Finance.


Rents and fees not refundable

25      All rents and fees prescribed in Section 23 are non-refundable.


Waiver for FORCE Marine Renewable-electricity Area

26      The Minister may, at the Minister’s discretion, waive any rent or fee prescribed in Section 23 in relation to a licence or permit within the FORCE Marine Renewable-electricity Area established by Section 13 of the Act.


Records


Records accessible from office in Province

27      The record of data required by subsection 53(2) of the Act about activities authorized under a licence or a permit, including all books, records, accounts, documents and information related to those activities, must be accessible from an office located in the Province.


Review and inspection at Minister’s request

28      At the written request of the Minister, a licence holder or permit holder must make the documentation referred to in Section 27 available for review and inspection at the office referred to in that Section during regular business hours by any person authorized by the Minister.


Retention period for records

29      A holder or former holder of a licence or permit must ensure that the books, records, accounts, documents and information remain accessible as required by subsection 53(2) of the Act and Section 27 until at least 5 years after the date the licence or permit expires or is revoked.



 

 


 

Legislative History
Reference Tables

Marine Renewable-energy General Regulations

N.S. Reg. 8/2018

Marine Renewable-energy Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Marine Renewable-energy General Regulations made under the Marine Renewable-energy Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

8/2018

Jan 23, 2018

date specified

Feb 2, 2018

225/2024

Oct 22, 2024

date specified

Nov 1, 2024

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

2, defn. of “Department”..................

am. 225/2024

2, defn. of “Department of Natural Resources”.....................................

rep. 225/2024

4(1)(d)(i)...........................................

am. 225/2024

6(a)...................................................

am. 225/2024

6A.....................................................

ad. 225/2024

7........................................................

am. 225/2024

. 7(aa)...............................................

ad. 225/2024

. 7(ka)-(kd).......................................

ad. 225/2024

8........................................................

am. 225/2024

9........................................................

am. 225/2024

. 9(aa)...............................................

ad. 225/2024

. 9(na)-(nd).......................................

ad. 225/2024

10(1).................................................

am. 225/2024

10(2).................................................

rep. 225/2024

11A...................................................

ad. 225/2024

13......................................................

rs. 225/2024

14(2)(aa)-(ae)...................................

ad. 225/20246

14(5).................................................

ad. 225/2024

14A...................................................

ad. 225/2024

15A...................................................

ad. 225/2024

16(1)(d).............................................

am. 225/2024

18(a)(iv)............................................

am. 225/2024

18(a)(v).............................................

ad. 225/2024

19(2).................................................

am. 225/2024

20......................................................

am. 225/2024

21(1)(b).............................................

am. 225/2024

22(3).................................................

rs. 225/2024

23(3).................................................

am. 225/2024

23(4)(b).............................................

am. 225/2024

23(6).................................................

ad. 225/2024

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The reference to the Minister of Finance in Section 24 should be read as a reference to the Minister of Finance and Treasury Board in accordance with Order in Council 2013-348 under the Public Service Act, R.S.N.S. 1989, c. 376.

Oct 22, 2013 (predates regulations)

2

The reference to the Department of Energy in Section 2 should be read as a reference to the Department of Energy and Mines in accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c. 376.

Jul 5, 2018

3

References to the Department of Natural Resources or Minister of Natural Resources should be read as references to the Department of Lands and Forestry or Minister of Lands and Forestry in accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c. 376.

Jul 5, 2018

4

References to the Department of Natural Resources or Minister of Natural Resources should be read as references to the Department of Natural Resources and Renewables or Minister of Natural Resources and Renewables in accordance with O.I.C. 2021-210 under the Public Service Act, R.S.N.S. 1989, c. 376.

Aug 31, 2021

5

The reference to the Department of Energy in Section 2 should be read as a reference to the Department of Natural Resources and Renewables in accordance with O.I.C. 2021-210 under the Public Service Act, R.S.N.S. 1989, c. 376.

Aug 31, 2021

6

Amending instruction in N.S. Reg. 225/2024 to add clauses (aa) to (ae) immediately after clause (a) in s. 14 does not specify which subsection of s. 14 in which to insert the clauses. Clauses (aa) to (ae) added immediately after clause (a) in s. 14(2) for the purposes of this consolidation.

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.

 

 


Webpage last updated: 15-11-2024