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
Archive
An uninsured driver strikes another vehicle, injuring its occupants. These injured persons obtain a settlement from their own motor vehicle insurer (pursuant to Section D of the standard policy), and they assign their action against…
Read MoreThe Editors’ Corner Michelle Black and Sean Kelly Hello! We are very pleased to be the new Atlantic Employers’ Counsel (AEC) editors. We look forward to bringing you what we hope you will find to be interesting…
Read MoreFollowing several Supreme Court of Canada decisions in the late 1990s and early 2000s, the law of constructive dismissal was well defined – or so many thought. The Court’s decision in Potter v. New Brunswick Legal…
Read MoreIn our May 20, 2014 client update, we reported on significant changes affecting automobile insurance in Prince Edward Island, including changes to no-fault benefits available under section B and changes to the damages cap for minor…
Read More2014 LABOUR AND EMPLOYMENT ATLANTIC CANADA LEGISLATIVE UPDATE As we move forward in 2015, we know our region’s employers will want to be aware of new legislation that has passed or could soon pass that…
Read MoreOn January 28, 2015, the Office of the Superintendent of Insurance issued a bulletin in Nova Scotia. The 2015 minor injury cap has been set at $8,352, an increase of 1.7 per cent over 2014.…
Read MoreIn preparing for the 2015 proxy season, you should be aware of some regulatory changes that may impact disclosure to and interactions with your shareholders. This update highlights what is new in the 2015 proxy…
Read MoreDuring the Fall 2014 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Lands Protection Act. The amendments have just been proclaimed and were effective January 1, 2015.…
Read MoreThe Editor’s Corner Clarence Bennett This issue focuses on the family and the interaction between employment and family obligations. As 2014 comes to a close, I would like to extend Seasons Greetings to all of…
Read MoreRECENT DEVELOPMENTS: DISABILITY INSURANCE POLICIES & LIMITATION PERIODS IN NOVA SCOTIA Two recent Nova Scotia decisions have clarified the issue of limitation periods in disability insurance policies and “rolling” limitation periods. THORNTON V. RBC…
Read More