Canada Offshore Renewable Energy Regulations
This regulatory initiative is part of the 2024-2026 Forward Regulatory Plan.
Enabling Acts
Description
On 28 August 2019, the National Energy Board became the Canada Energy Regulator (CER) as a result of the coming into force of the Canadian Energy Regulator Act (CER Act). Part 5 of the CER Act sets out the legislative framework for the oversight of the full life cycle of an offshore renewable energy (ORE) project and offshore power line.
The proposed Canada Offshore Renewable Energy Regulations would operationalize Part 5 of the CER Act by establishing comprehensive requirements respecting work and activities related to ORE projects and offshore power lines for the purposes of safety, security, and environmental protection.
Potential impacts on Canadians, including businesses
The proposed Regulations would support safe, secure, and environmentally friendly ORE projects that would contribute to federal and provincial renewable energy targets. The benefits cannot be solely attributed to the proposed Regulations, but rather are associated with the complete legislative regime for ORE under the CER Act.
Future operators would incur incremental costs associated with the proposed Regulations, including labour costs related to the time spent on mandatory reporting and inspection requirements, as well as labour costs related to the involvement of a Certifying Authority during the operations phases of a project.
An analysis under the small business lens concluded that the proposed Regulations would not impact Canadian small businesses, given that ORE operators would likely not qualify under the definition of “small businesses”.
The proposed regulations are not expected to involve significant impacts on international trade or investment
Regulatory cooperation efforts (domestic and international)
The proposed Regulations are not related to an international agreement or obligation, nor do they have any impacts related to a work plan or commitment under a formal regulatory cooperation forum.
It is NRCan’s intent to replicate, to the extent possible, the proposed Regulations in the Canada-Nova Scotia and Canada-Newfoundland and Labrador offshore areas once Bill C-49 receives Royal Assent and the Accord Acts are amended to expand their application to ORE. The Governments of NS and NL have been consulted throughout the regulatory development process and have provided input into the proposed Regulations.
Consultations
The ORER Initiative webpage contains links to early policy discussion and technical requirements, as well as contact information, where interested parties can provide feedback.
The proposed Regulations were pre-published in Part I of the Canada Gazette in February 2024. The public comment period closed on March 25, 2024.
Further Information
For further information, please visit the ORER Initiative webpage or email us at nrcan.offshorerenewables-renouvelablesextracotieres.rncan@canada.ca.
Departmental Contact
For any questions related to this initiative, please contact us at nrcan.offshorerenewables-renouvelablesextracotieres.rncan@canada.ca.
Date First included in Forward Regulatory Plan (FRP)
The item was added to the FRP on October 5, 2020, as part of ongoing updates to the Plan.
Consult NRCan’s acts and regulations web page for:
- a list of acts and regulations administered by NRCan
- further information on NRCan’s implementation of government-wide regulatory management initiatives
Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:
To learn about upcoming or ongoing consultations on proposed federal regulations, visit:
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