This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © , Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
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
Effective October 22, 2024, these regulations are amended by 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.
Public Consultations and Strategic Environmental Assessmentsfor Marine Renewable-electricity Areas
Strategic environmental assessment process
Existing strategic environmental assessment documents
Applying for permit under clause 35(1)(a) or (b) of Act
Applying for demonstration permit under clause 35(1)(c) of Act
Public notice of licensing or permitting process
Application incomplete until fee paid
Environmental Monitoring Plans
Contents of environmental monitoring plan
Amending environmental monitoring 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 and fees payable to Minister
Waiver for FORCE Marine Renewable-electricity Area
Records accessible from office in Province
Review and inspection at Minister’s request
1 These regulations may be cited as the Marine Renewable-energy General Regulations.
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 Energy;
“Department of Natural Resources” means the Nova Scotia Department of Natural Resources;
“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
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 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.
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 day that an applicant may apply for a licence and ending no earlier than 1 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.
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;
(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 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 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 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 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 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);
(l) any additional information specified in the call for applications;
(m) the prescribed application fee.
8 A licence must not remain valid for longer than 10 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;
(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 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 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 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 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 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);
(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 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 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 or other equipment or structure intended to be constructed, installed or operated within the permit area.
(2) An application for a demonstration permit under clause 35(1)(c) of the Act is considered incomplete until the Minister receives a report from the Minister of Natural Resources identifying known encumbrances or conflicting land use within the proposed permit area.
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.
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.
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 as follows:
(a) no later than July 31 of each year, for activities carried on between January 1 and June 30 of that year;
(b) no later than January 31 of each year, for activities carried on between July 1 and December 31 of the previous year.
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;
(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.
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.
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 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.
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;
(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 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 or other equipment or structure constructed, installed or operated under the licence or permit;
(b) if it is proposed that any generator, cable 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 or other equipment or structure, and
(ii) the manner in which ongoing monitoring, maintenance and liability for the generator, cable 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 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, with the consent of the Minister of Natural Resources, amend the plan, subject to any terms or conditions that the Minister considers appropriate.
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 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 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 days after the date the permit is issued
∙
if term is 1 year or longer
$2500
no later than 60 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 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 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 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.
Rents and fees payable to Minister
24 All rents and fees under Section 23 are payable to the Minister of Finance.
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 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.
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.
RegulationIn force
date*How in force
Royal Gazette
Part II Issue8/2018
Jan 23, 2018
date specified
Feb 2, 2018
The following regulations are not yet in force and are not included in the current consolidation:
N.S.
RegulationIn 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.
ad. = added
am. = amendedfc. = fee change
ra. = reassignedrep. = repealed
rs. = repealed and substitutedProvision affected
How affected
..........................................................
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections:
Note
Effective
date1
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
Repealed and Superseded:
N.S.
RegulationTitle
In force
dateRepealed
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.