Canada–Nova Scotia Offshore Energy Amendments

Summary#

This Order fixes January 31, 2025 as the day certain parts of An Act to amend the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts come into force. Practically, it activates changes that expand joint federal–Nova Scotia management to cover offshore renewable energy, update offshore oil and gas licences, and add tools for marine conservation and impact assessments.

What it does#

• Brings into force sections 107 to 209, 216 and 217 of the Act on January 31, 2025.
• Expands the joint management regime in the Canada–Nova Scotia offshore area to include offshore renewable energy.
  • Changes the name and mandate of the Canada-Nova Scotia Offshore Petroleum Board (to be the Canada-Nova Scotia Offshore Energy Regulator).
  • Creates a land-tenure system for submerged land licences for offshore renewable projects and a related revenue regime.
  • Extends existing safety, environmental protection, and occupational health rules to renewable projects in the offshore area.
• Modernizes the offshore petroleum land tenure system.
  • Limits significant discovery licences to 25 years (they had been effectively indefinite).
  • Updates the definition of “significant discovery” and allows regulators to cancel some exploration licences for administrative reasons.
• Adds tools to support marine conservation goals.
  • Gives joint federal–provincial authority to prohibit or stop oil, gas or offshore renewable activity in areas identified for environmental protection.
  • Provides a process to seek surrender of existing interests and, if needed, to cancel interests with compensation.
• Aligns the Accord Act with the Impact Assessment Act by removing outdated references and clarifying the regulators’ role in impact assessments.
• Notes the need for provincial mirror changes; Nova Scotia passed matching legislation and aims to launch an offshore wind call for bids in 2025.

Who's affected#

• Offshore energy companies and developers (both oil & gas and renewable projects).
• Holders of existing offshore licences and permits, especially those with long-standing or inactive “significant discovery” licences.
• The Canada-Nova Scotia Offshore Petroleum Board and its staff (as it shifts to regulate renewables).
• The governments of Canada and Nova Scotia, which jointly manage the offshore regime.
• Indigenous groups and coastal communities in Atlantic Canada, who will be engaged on project assessments and regional planning.
• Conservation groups and others concerned about marine protected areas.
• Taxpayers and industry may notice budget or fee impacts: regulator budgets are split 50% federal / 50% provincial, and regulators may recover up to 100% of operating costs from industry.

Why it matters#

• It creates a clear legal framework for offshore wind and other renewable projects off Nova Scotia. That can speed up development, jobs, and clean energy production for local and export markets.
• It limits indefinite oil-and-gas rights, which could push dormant licence holders to develop, transfer, or give up their claims.
• It gives governments stronger tools to protect marine areas, including the ability to stop new projects or remove existing interests in sensitive places — with compensation mechanisms.
• It updates how offshore projects interact with federal impact assessments, aiming for clearer and more modern review processes.
• The Order itself is mainly administrative: it sets the effective date so the above changes start applying on January 31, 2025.