The Offshore Renewable Energy Regulations Initiative

The Canada Offshore Renewable Energy Regulations will operationalize Part 5 of the Canadian Energy Regulator Act (CER Act) by establishing comprehensive safety, security and environmental protection requirements for offshore renewable energy (ORE) projects and offshore power lines in Canada’s federally regulated offshore areas.

The Canada Offshore Renewable Energy Regulations came into force on December 16, 2024.

On October 3, 2024, Bill C-49 received Royal Assent. Bill C-49 includes important changes to the Canada-Nova Scotia Petroleum Resources Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act (Accord Acts) that will help to enable the development of ORE in the Canada-Nova Scotia and Canada-Newfoundland and Labrador offshore areas. Regulations will be required under the newly amended Accord Acts related to safety and environmental protection. The proposed Canada-Nova Scotia Offshore Renewable Energy Regulations and the Canada-Newfoundland and Labrador Offshore Renewable Energy Regulations will align with the Canada Offshore Renewable Energy Regulations to promote consistency in application and implementation of the regulations across Canada’s three offshore administrative areas.

The proposed Regulations under the Accord Acts are expected to be pre-published in the Canada Gazette, Part I in spring 2025, for public comment.

The Offshore Renewable Energy Regulations (ORER) Initiative is led by Natural Resources Canada (NRCan) to develop modern safety and environmental protection regulations that will apply to site assessment, construction, operation and decommissioning and abandonment activities related to renewable energy projects and power lines throughout Canada’s offshore. The first phase of the Initiative was focused on developing regulations under the CER Act. The second phase is focused on development coordinating regulations under the Accord Acts.

Participate by providing feedback

Government, stakeholder and Indigenous engagement is a key priority.  Engagement sessions and comment periods have occurred at each phase of the ORER Initiative timeline. NRCan is open to hosting additional sessions upon request. Please send an email to NRCan Offshore Renewables if you are interested in participating and revisit this page for updates.

Pre-publication of the Canada Offshore Renewable Energy Regulations (CER Act) – COMPLETED

The public was invited to submit comments on the proposed Canada Offshore Renewable Energy Regulations, which were pre-published in the Canada Gazette, Part 1, on February 24, 2024.

Pre-publication of proposed regulations provides interested groups, individuals, and all Canadians with an opportunity to review and comment on the proposed regulations. All comments received are considered by governments in finalizing the regulations.

Accord Act Regulations

NRCan officials are available to engage on the proposed Regulations under the Accord Acts and will also be available during the public comment period following pre-publishing of the proposed regulations in the Canada Gazette, Part I in spring 2025. Please send an email to NRCan Offshore Renewables if you are interested in discussing these regulations.

Phase 2 – COMPLETED

Technical Requirements Paper: Pre-engagement on technical requirements

NRCan drafted a paper to describe the proposed requirements that will form the basis of future regulations. The requirements are focused on ensuring the future regulations are comprehensive and enforceable, follow the highest standards and are flexible enough to respond to a rapidly changing sector. The proposed requirements are divided into the following Parts:

1. General Requirements
2. Site Assessment Activities Requirements
3. Transportation, Construction, Installation and Commissioning Activities Requirements
4. Operations and Maintenance Activities Requirements
5. Decommissioning, Repowering, and/or Life Extension Activities Requirements

The paper facilitated early feedback that was considered and incorporated, where appropriate, into the proposed Regulations.

Phase 1 – COMPLETED

Discussion Paper: Pre-engagement on general approach

NRCan drafted a discussion paper to provide an overview of Offshore Renewable Energy (ORE) projects and NRCan’s proposed approach to regulating these activities prior to engaging on the proposed technical requirements of the regulations. The paper covers the following topics:

• Lifecycle overview of ORE projects and principle considerations to safety and the environment
• Proposed guiding principles for the proposed regulations
• Proposed regulatory components to be addressed in the proposed regulations
• Project timelines

The paper facilitated early feedback that was considered and incorporated, where appropriate, in the proposed technical requirements. Please find a summary of the comments provided on the discussion paper.

Regulating offshore renewable energy in Canada

Offshore renewable energy technologies produce renewable energy from wind, waves,tides, ocean currents, offshore solar, underwater geothermal resources, marine biomass, and the temperature differential between surface water and the seabed.

Canada has strong offshore renewable energy resources that represent untapped potential to further decarbonize Canada’s electricity supply while stimulating economic opportunities for coastal provinces, territories and communities.

The ORER Initiative will ensure that operational safety and environmental protection regulations are in place to enable the development of Canada’s offshore renewable projects.

How will we implement new regulations

We are proposing to use a combination of management-based and outcome-based regulatory approach to ensure the regulations require the use of best industry practices over time as they evolve and encourage innovation in order to increase safety and environmental protection while reducing costs.

The initiative will build on Canada’s experience in regulating other sectors, such as offshore oil and gas, and incorporate best practices from other jurisdictions with established regulatory frameworks and experience.

Who is involved?

NRCan is leading the initiative to develop the Canada Offshore Renewable Energy Regulations. The Canada Energy Regulator, as the lifecycle regulator responsible for enforcing these future regulations, supports the initiative and provides technical expertise.

Regulations made under the Accord Acts are a collaborative effort between NRCan and the Governments of Nova Scotia and Newfoundland and Labrador. Consistent with the principle of joint management, any regulations made under the federal version of the Accord Acts will be mirrored by provincial regulations under the provincial version of the Accord Acts.

Why implement new regulations?

The Canada Offshore Renewable Energy Regulations will support Part 5 – Offshore Renewable Energy Projects and Offshore Power Lines - of the Canadian Energy Regulator Act, which came into force in August 2019. This legislation enables the Canada Energy Regulator to review and authorize activities related to offshore renewable energy in Canada’s offshore areas. These activities could include:

• Site characterization activities, such as, resource surveys, geoscience and geotechnical studies, and environmental surveys; and,
• Construction, certification, operation, maintenance and decommissioning of offshore renewable energy facilities and offshore power lines

The regulations will help the offshore renewable energy industry in Canada achieve the highest possible standards for operational safety and environmental protection while promoting competitiveness and innovation, and keeping administrative red tape low for industry.

Similar to the Canada Offshore Renewable Energy Regulations, regulations are required under Part 3 of the amended Accord Acts related to safety and environmental protection. The proposed Canada-Nova Scotia Offshore Renewable Energy Regulations and the Canada-Newfoundland and Labrador Offshore Renewable Energy Regulations will align with the Canada Offshore Renewable Energy Regulations to promote consistency in application and implementation of the regulations across Canada’s three offshore administrative areas.

Timeline

Contact us

At NRCan Offshore Renewables for more information about the process

Related links

• Offshore Wind Predevelopment Program