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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

(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

(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

(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

renewable-electricity licence or permit.

Licence or permit renewal

(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

(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

(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

(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

(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

(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

(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,

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. 225/2024 6

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

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)

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

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

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

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

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.