Skip to content

Nova Scotia setting legislative framework for green hydrogen

Sadira Jan, Dave Randell, and James Gamblin

On October 17, 2022, the Government of Nova Scotia tabled bills that would amend four pieces of legislation in support of future green hydrogen development.

The intended impacts of the proposed amendments are outlined below:

 Legislation Impact of Amendments
Electricity Act Expands the definition of “wholesale customer” to include the owner or operator of a “hydrogen facility” that is advancing green hydrogen projects. To date, the only permitted wholesale customers under the Electricity Act are Nova Scotia Power Inc. and municipal utilities. The amendment also provides the that Minster will create a Hydrogen Innovation Program which will allow for the interconnection of a hydrogen facility to the electrical grid.
Gas Distribution Act Allows the Nova Scotia Utility and Review Board to consider hydrogen as part of a gas distribution system under the Gas Distribution Act.
Pipeline Act Amendments add pipelines built for hydrogen or hydrogen blends.
Underground Hydrocarbons
Storage Act
Expands the scope of the Underground Hydrocarbons Storage Act to include hydrogen, ammonia, carbon sequestration and compressed air energy storage

 

In the House of Assembly, the Minster of Natural Resources, indicated that further regulatory amendments intended to support and regulate green hydrogen development will be forthcoming. The Minister has committed to the release of a green hydrogen action plan in 2023.

Green hydrogen is hydrogen produced through clean renewable energy sources such as wind. On October 12, 2022, the Impact Assessment Agency of Canada released, for public comment, draft agreements between the Federal Government and the governments of Nova Scotia and Newfoundland and Labrador, in connection with Regional Assessments in each province for offshore wind development. Draft Terms of Reference for both Regional Assessments were also released for public comment. The comment period for these documents ends on November 26, 2022.[1]

Below are  the proposed study areas for each Regional Impact Assessment[2]:

For more information on the offshore wind Regional Assessments, please see our previous Thought Leadership piece, “Federal Government, Nova Scotia, and Newfoundland and Labrador clearing the way for offshore wind development”.


Sadira Jan is a partner in the Halifax office, with a practice focusing on renewable energy, financing transactions, mergers and acquisitions, as well as general corporate law. Sadie has extensive experience acting as lead counsel for onshore wind development projects and acts in the development, implementation and testing of tidal power in Atlantic Canada.  She has been recognized by Lexpert in Energy law (electricity).

Dave Randell is a partner in the Halifax office, with extensive experience across various industries including energy,  insurance, mining, media, manufacturing and technology. He has acted as lead advisor for a number of noteworthy Canadian and international clients in the energy sector.

James Gamblin is an associate in the Halifax office, with a practice in the areas of renewable energy, leasing, mergers and acquisitions and general corporate law. Jamie’s practice focuses advising clients regarding legislative and regulatory compliance. Jamie has a policy background, and holds Master’s degree in Public Policy and Public Administration.


This update is intended for general information only. If you have any questions on the above we would invite you to contact the authors or any other member of our Energy Group.

Click here to subscribe to Stewart McKelvey Thought Leadership.

[1] Impact Assessment Agency of Canada, “Public Notice: Regional Assessment of Offshore Wind Development in Newfoundland and Labrador and Nova Scotia.” Online: https://iaac-aeic.gc.ca/050/evaluations/document/145237?culture=en-CA
[2] Impact Assessment Agency of Canada, “Draft Agreement – Newfoundland and Labrador”, online: https://iaac-aeic.gc.ca/050/evaluations/document/145234?&culture=en-CA; Impact Assessment  Agency of Canada, ”Draft Agreement – Nova Scotia”, online: https://iaac-aeic.gc.ca/050/evaluations/document/145235?&culture=en-CA

SHARE

Archive

Search Archive


 
 

Client Update: New Nova Scotia pension plan asset transfer regulations

November 30, 2017

Peter McLellan, QC and Level Chan On November 29, 2017, the Nova Scotia Department of Finance and Treasury Board released new regulations with respect to asset transfers between pension plans that are effective November 28, 2017.…

Read More

Client Update: Federal government desires feedback on proposed Cannabis Act regulations

November 28, 2017

Rick Dunlop and Kevin Landry The federal government has opened its 60-day consultation period with the release of its Proposed Approach to the Regulation of Cannabis. The paper outlines a potential regulatory framework which could…

Read More

The Latest in Employment Law: A Stewart McKelvey Newsletter – 2017 Atlantic Canada legislative update

November 28, 2017

Josie Marks and Lara Greenough As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a…

Read More

The Latest in Employment Law: A Stewart McKelvey Newsletter – Changes to the federal pay equity scheme expected in 2018

November 17, 2017

Brian Johnston, QC and Julia Parent In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that…

Read More

Client Update: New Brunswick proposes Pooled Registered Pension Plan legislation

November 17, 2017

Paul Smith and Dante Manna On November 14, 2017, Bill 22, also known as the proposed Pooled Registered Pension Plan Act (the “NB Act”), was introduced in the New Brunswick Legislature. If passed, New Brunswick…

Read More

Client Update: TSX Company Manual amendments will result in a “modest increase” to listed issuer’s disclosure practices

November 16, 2017

Andrew Burke and Kevin Landry The Toronto Stock Exchange (“TSX”) has made two recent changes to the TSX Company Manual that will impact disclosure: A. It introduced a requirement for many corporate listed issuers to…

Read More

Statutory interpretation & social justice

November 14, 2017

Jennifer Taylor There is a role for social justice in statutory interpretation, according to the Nova Scotia Court of Appeal in the recent decision of Sparks v Nova Scotia (Assistance Appeal Board). This case is…

Read More

Client Update: New Brunswick introduces Cannabis Control Act

November 14, 2017

Kevin Landry and Jamie Watson New Brunswick’s proposed cannabis regulatory scheme has been introduced. An initial press release was followed by the introduction of amendments to the New Brunswick Liquor Control Act, and the Motor…

Read More

Pensions & Employee Benefits Update: Nova Scotia pension funding framework & regulatory review

October 24, 2017

Peter McLellan, QC & Level Chan In September 2017, Nova Scotia’s Department of Finance and Treasury Board announced that stakeholder input is being sought regarding potential permanent changes to the funding framework for defined benefit…

Read More

Client Update: Cryptocurrencies: securities law implications

September 28, 2017

Andrew Burke & Divya Subramanian Securities markets around the world are grappling with new concerns: As fintechs make cryptocurrency offerings such as Initial Coin Offerings (ICOs), Initial Token Offerings (ITOs) or other digital token offerings,…

Read More

Search Archive


Scroll To Top