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.|
|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.
Below are the proposed study areas for each Regional Impact Assessment:
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.
 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
 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
By Kimberly Bungay On April 1, 2023, the Nova Scotia government will proclaim into force Bill 226, which amends the Companies Act (the “Act”) to require companies formed under the Act to create and maintain…Read More
Abuse of sick leave / failure of employee to participate in accommodation process: Vail v. Oromocto (Town), 2022 CanLII 129486
By Chad Sullivan and Kathleen Starke Background A recent decision, Vail v. Oromocto (Town), 2022 CanLII 129486, involved several grievances including an unjust dismissal claim by a firefighter as well as a grievance filed by…Read More
By Stuart Wallace and Kim Walsh On January 1, 2022, the Underused Housing Tax Act (the Act) took effect. The Underused Housing Tax (the UHT) is an annual 1% tax on the value of vacant or…Read More
Parlez-Vous Francais? Recent amendments to Quebec’s Charter of the French Language may impact Atlantic Canadian businesses
By: David F. Slipp and Levi Parsche In May 2022, Bill 96 was adopted by Quebec’s National Assembly, significantly amending the Charter of the French Language (the “Charter“). The amendments create new requirements for using…Read More
The Winds of Change (Part 7): Paying the Piper: New Newfoundland and Labrador Fiscal Framework expects billions in revenues from wind to hydrogen projects
By Dave Randell, G. John Samms, and Stuart Wallace With the deadline for bids on crown lands available for wind energy projects extended to noon on March 23rd, the latest development in our Winds of…Read More
By Kevin Landry and Colton Smith The Retail Payment Activities Regulations have been released in the Canada Gazette Part 1 for comment. Interested persons may make representations concerning the proposed regulations for a period of 45…Read More
By Andrew Burke, Colleen Keyes, Gavin Stuttard and David Slipp With proxy season once again approaching, many public companies are in the midst of preparing their annual disclosure documents and shareholder materials for their annual…Read More
By Brittany Trafford and Sean Corscadden In response to the nationwide labour shortage, the Federal government is allowing select family members of foreign workers to apply for open work permits. This temporary policy came into…Read More
Mark Tector and Ben Currie Effective January 1, 2023, amendments to Ontario’s Employment Standards Act, 2000 (“ESA”) took effect, excluding “business consultants” and “information technology consultants” from the application of the ESA. This is a…Read More
By Perlene Morrison, K.C. and Curtis Doyle Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals in Prince…Read More