BILL NO. 110
(as introduced)
2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015
Marine Renewable-energy Act
The Honourable Michel P. Samson
Minister of Energy
First Reading: April 29, 2015
Second Reading: December 1, 2015
Third Reading: December 11, 2015 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
An Act Respecting
the Generation of Electricity
from Marine Renewable-energy Resources
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Marine Renewable-energy Act.
2 The purpose of this Act is to provide for the responsible, efficient and effective development of marine renewable-energy resources through
(ii) integrates technical, environmental and socio-economic factors; and
(b) programs and initiatives that promote the sustainable growth and management of the marine renewable-energy sector in the Province.
(a) "area of marine renewable-energy priority" means a geographic area established by or under Section 10 as an area of marine renewable-energy priority;
(b) "call for applications" means a call issued under subsection 23(1) for applications for licences;
(c) "connected generator" means a generator
(ii) prescribed by the regulations as being a connected generator,
but excludes any generator prescribed by the regulations as not being a connected generator;
(d) "Director" means the Director of Surveys appointed under the Crown Lands Act;
(e) "generator" means any device or technology
(ii) being tested for the purpose of assessing its potential or capability for producing marine renewable electricity, or
and includes any structure or anchor used to maintain the device or technology in place, but excludes any device or technology prescribed by the regulations as not being a generator;
(ii) an agency, commission, board or other body, some or all of whose members are appointed by an Act of the Legislature, the Governor in Council or a member of the Executive Council, or any combination thereof;
(g) "in-stream tidal-energy converter" means a device used to convert the kinetic energy of a tidal stream into electricity;
(h) "licence" means a licence issued under subsection 26(1) or 27(1);
(i) "licence area" means the geographic area specified in a licence under subsection 26(1) or 27(1);
(j) "marine renewable energy" means the energy available from marine renewable-energy resources;
(k) "marine renewable-energy resources" means
(l) "marine renewable electricity" means electricity produced from marine renewable energy but, in respect of electricity produced from winds blowing over marine waters, includes only electricity produced from a marine wind turbine;
(m) "marine renewable-electricity area" means a geographic area established by this Act or the regulations as a marine renewable-electricity area;
(n) "marine wind turbine" means a wind turbine affixed to the sea bed or situated on a platform that is completely surrounded by marine waters;
(o) "Minister" means the Minister of Energy;
(p) "nameplate capacity" means the maximum rated output of a generator under the conditions specified by the manufacturer of the generator;
(q) "order" means an order issued under subsection 54(1) or (3) or 55(1);
(r) "permit" means a permit issued under subsection 33(1) or 34(1);
(s) "permit area" means the geographic area, if any, specified in a permit under subsection 33(2) or 34(2);
(t) "Record Centre" means the Crown Land Information Management Centre or such other land-record facility as is maintained under the Crown Lands Act by the Registrar;
(u) "Registrar" means the Registrar of Crown Lands appointed under the Crown Lands Act;
(v) "unconnected generator" means a generator that is not a connected generator.
(2) The regulations establishing a marine renewable-electricity area are materially modified if the regulations are amended to
(a) alter the geographic boundaries of the marine renewable-electricity area to include any area that, immediately before the alteration, was not included within the boundaries;
(b) add to the types of connected generators specified in the regulations that may be licensed to operate within the marine renewable-electricity area; or
(c) increase the limit on the aggregate nameplate capacity of the licensed generators that may be constructed, installed or operated within the marine renewable-electricity area.
4 This Act does not apply to the generation of marine renewable electricity at the Annapolis Tidal Station unless the Station is modified with the result that its nameplate capacity exceeds 20 megawatts.
5 (1) The Minister is responsible for the general supervision and management of this Act.
(a) promote the sustainable development of marine renewable-energy resources;
(b) establish and administer policies, programs, guidelines, objectives and licensing and permitting processes pertaining to the development and management of marine renewable-energy resources;
(c) establish programs and mechanisms for providing access to information respecting the development and management of marine renewable-energy resources;
(d) consult with and co-ordinate activities with other departments, government agencies, municipalities, governments and other persons;
(e) establish criteria to be applied by a person to whom responsibility is delegated under this Act when making any decision under this Act or the regulations;
(f) promote and support research and development respecting marine renewable-energy resources, including the development of resources for the voluntary public sharing of information relating to research activities; and
(g) measure and analyze the socio-economic and environmental effects of marine renewable-energy activities and develop programs to enhance any benefits and mitigate any concerns associated with these activities.
6 (1) The Minister may appoint any person, establish advisory committees and retain experts to advise the Minister with respect to
(a) the content and administration of this Act;
(b) any policy, program or other matter under the administration of the Minister under this Act; or
(c) any other matter referred by the Minister to the person, advisory committee or expert, as the case may be.
(2) Where the Minister appoints a person, establishes an advisory committee or retains an expert under subsection (1), the Minister may provide for the remuneration of and payment of reasonable expenses to the person, the members of the advisory committee established or the expert.
7 (1) The Minister may, in writing, delegate to
(a) any employee of the Government or a government agency;
(b) any employee of the Government of Canada or an agency of that government;
(c) any employee of a municipality; or
who, in the Minister's opinion, has the requisite qualifications and experience, any power or duty conferred or imposed on the Minister under this Act.
(2) Where the Minister delegates a power or duty under subsection (1), the Minister may
(a) prescribe how the power or duty is to be exercised or performed and impose any requirements in relation to or restrictions on the exercise or performance of the power or duty that the Minister considers appropriate; and
(b) provide that the delegate be paid for, or reimbursed for the cost of, exercising or performing the delegated power or duty.
(3) Before making a delegation to a person under subsection (1), the Minister shall consult with and obtain the consent of the person and, where applicable, the employer of the person.
(4) The Minister may revoke a delegation made under subsection (1).
8 (1) The Minister may, with the approval of the Governor in Council, transfer the administration of a provision of this Act to
(a) another minister of the Government or a government agency;
(b) an agency of the Government of Canada;
and may specify the terms and conditions under which and subject to which the transfer is made.
(2) Where the Minister transfers the administration of a provision of this Act under subsection (1), the Minister may
(a) prescribe how the provision is to be administered and impose any requirements in relation to or restrictions on the administration of the provision that the Minister considers appropriate; and
(b) provide that the transferee be paid for, or reimbursed for the cost of, administering the transferred provision.
(3) The Minister may, with the approval of the Governor in Council, revoke a transfer of administration made under subsection (1).
9 The Minister may, on behalf of Her Majesty in right of the Province, enter into an agreement with the Government of Canada, the government of a province of Canada, the government of a foreign country, or a state thereof, or an agency of any of the foregoing, or with a municipality or any person, for
(a) the sustainable development and management of marine renewable-energy resources;
(b) the co-ordination of regulatory activities relating to the development of marine renewable-energy resources;
(c) the identification and establishment of economic development opportunities relating to marine renewable energy;
(d) marine renewable-energy research and development; or
(e) the undertaking and sharing of research and knowledge relating to the development and management of marine renewable-energy resources and to any socio-economic or environmental impacts of marine renewable-energy activities.
RENEWABLE-ENERGY PRIORITY
10 (1) The following are hereby established as areas of marine renewable-energy priority:
(a) the Bras d'Or Area of Marine Renewable-energy Priority, a geographic area described, subject to the regulations, in Schedule A; and
(b) the Fundy Area of Marine Renewable-energy Priority, a geographic area described, subject to the regulations, in Schedule B.
(2) An area of marine renewable-energy priority may be established by the regulations.
11 (1) Where an area of marine renewable-energy priority is established, the Registrar shall deposit in the Record Centre a plan signed by the Director showing the boundaries of the area of marine renewable-energy priority.
(2) Where the boundaries of an area of marine renewable-energy priority are altered, the Registrar shall deposit in the Record Centre a plan signed by the Director showing the altered boundaries of the area of marine renewable-energy priority, in substitution for the previous plan deposited under this subsection or subsection (1).
12 (1) Except in accordance with a licence or permit, no person shall construct, install or operate within an area of marine renewable-energy priority
(b) a cable or any other equipment or structure used or intended to be used with a generator.
(2) Notwithstanding subsection (1), a contractor or subcontractor of the holder of a licence or permit may, in accordance with the licence or permit, construct, install or operate within an area of marine renewable-energy priority
(b) a cable or any other equipment or structure used or intended to be used with a generator.
(3) Where a contractor or subcontractor of the holder of a licence or permit constructs, installs or operates within an area of marine renewable-energy priority
(b) a cable or any other equipment or structure used or intended to be used with a generator,
the holder of the licence or permit shall ensure that the contractor or subcontractor is advised of and adheres to any terms or conditions in the licence or permit that relate to the work of the contractor or subcontractor.
13 (1) Subject to subsection (4), the FORCE Marine Renewable-electricity Area, a geographic area described in Schedule C, is hereby established as a marine renewable-electricity area.
(2) Subject to subsection (4), the only type of connected generator that may be licensed to operate within the FORCE Marine Renewable-electricity Area is an in-stream tidal-energy converter.
(3) Subject to subsection (4), the aggregate nameplate capacity of the licensed generators that may be constructed, installed or operated within the FORCE Marine Renewable-electricity Area is 64 megawatts.
(4) The regulations may disestablish the FORCE Marine Renewable-electricity Area or may
(a) alter the boundaries of, or prescribe different boundaries for, the geographic area that comprises the FORCE Marine Renewable-electricity Area;
(b) specify any type of connected generator that, in addition to an in-stream tidal-energy converter, may be licensed to operate within the FORCE Marine Renewable-electricity Area; and
(c) vary the aggregate nameplate capacity of the licensed generators that may be constructed, installed or operated within the FORCE Marine Renewable-electricity Area.
(5) Subsection 14(2) applies to the making of regulations respecting the FORCE Marine Renewable-electricity Area in the same manner as it applies to the amendment or revocation of regulations establishing a marine renewable-electricity area and Sections 15 to 17 apply mutatis mutandis.
14 (1) Subject to Sections 15, 17 and 18, the Minister and the Minister of Natural Resources may report and recommend to the Governor in Council that a geographic area within an area of marine renewable-energy priority be established by the regulations as a marine renewable-electricity area.
(2) Subject to Sections 15, 17 and 18, the Minister and the Minister of Natural Resources may report and recommend to the Governor in Council that the regulations establishing a marine renewable-electricity area be amended or revoked unless
(a) the intended amendment would alter the boundaries of the marine renewable-electricity area such that any part of the licence area of a licence, that has been issued in respect of the marine renewable-electricity area and has not expired or been revoked, would be outside of the amended boundaries; or
(b) the intended revocation would disestablish a marine renewable-electricity area in respect of which a licence has been issued and has not expired or been revoked.
15 (1) Before a marine renewable-electricity area may be established or the regulations establishing a marine renewable-electricity area may be materially modified, the Minister shall, in respect of the establishment or the material modification,
(a) in consultation with the Minister of Natural Resources, establish a public consultation process that complies with Section 16; and
(b) conduct a public consultation in accordance with the process established under clause (a).
(2) Before the regulations establishing a marine renewable-electricity area may be amended, other than by being materially modified, the Minister may, in respect of the amendment,
(a) in consultation with the Minister of Natural Resources, establish a public consultation process that complies with Section 16; and
(b) conduct a public consultation in accordance with the process established under clause (a).
16 (1) The Minister shall, at the time and in the manner prescribed by the regulations, issue a notice to the public containing the details of a public consultation process established under Section 15.
(2) A notice issued under subsection (1) must include
(a) where the public consultation is in respect of a proposal to establish a marine renewable-electricity area, the proposed boundaries of the marine renewable-electricity area, including a plan or chart displaying the proposed marine renewable-electricity area;
(b) where the public consultation is in respect of a proposal to amend the regulations establishing a marine renewable-electricity area, which proposed amendment alters the boundaries of the marine renewable-electricity area, the proposed altered boundaries of the marine renewable-electricity area, including a plan or chart displaying the marine renewable-electricity area as altered;
(c) where the public consultation is in respect of a proposal to amend the regulations establishing a marine renewable-electricity area, which proposed amendment does not alter the boundaries of the marine renewable-electricity area, the existing boundaries of the marine renewable-electricity area, including a plan or chart displaying the marine renewable-electricity area as it exists;
(d) an explanation of how to obtain information on the proposal to establish a marine renewable-electricity area or to amend the regulations establishing a marine renewable-electricity area;
(e) an explanation of how to provide input to the Minister and the Minister of Natural Resources for the purpose of their decision whether to recommend the establishment of a marine renewable-electricity area or the amendment of the regulations establishing a marine renewable-electricity area;
(f) any periods within which information may be accessed or input provided under the public consultation process;
(g) any dates established for any specific events that are to take place as part of the public consultation process; and
(h) any other information that the Minister considers necessary or advisable or that is prescribed by the regulations.
(3) Before consulting with the public, the Minister shall prepare and release to the public a report that includes a summary of baseline information on the resource potential of, and any socio-economic or environmental factors associated with, the proposed or existing marine renewable-electricity area that is the subject of the public consultation process.
(4) After consulting with the public, the Minister shall prepare and release to the public a report summarizing the information obtained when consulting with the public and including the following information:
(a) the information described by clause (2)(a), (b) or (c), as applicable, modified, to the extent the Minister considers necessary or advisable, as a result of the public consultation;
(b) the types of connected generators that it is proposed may be licensed in the proposed or existing marine renewable-electricity area, including whether the generators are to be floating, surface-piercing or completely sub-surface structures;
(c) the proposed limit of the aggregate nameplate capacity of the connected generators that may be constructed, installed and operated in the proposed or existing marine renewable-electricity area;
(d) any significant impacts that the proposed establishment of a marine renewable-electricity area or amendment of the regulations establishing a marine renewable-electricity area, and the installation, construction and operation of generators within the marine renewable-electricity area, are reasonably expected to have on activities being undertaken or that may be undertaken in the marine renewable-electricity area; and
(e) any other information that the Minister considers necessary or advisable or that is prescribed by the regulations.
(5) After releasing a report under subsection (4), the Minister shall provide the public with an opportunity to comment on the report.
(a) a public consultation process established in compliance with this Section may include any requirements that the Minister considers necessary or advisable in addition to those prescribed by this Section; and
(b) different public consultation processes may be established in respect of
(ii) different proposed or existing marine renewable-electricity areas.
17 (1) Before a marine renewable-electricity area may be established or the regulations establishing a marine renewable-electricity area may be materially modified, the Minister shall
(a) conduct or cause to be conducted a strategic environmental assessment in respect of the proposed marine renewable-electricity area and the activities to be allowed in the proposed marine renewable-electricity area;
(b) consult with the Minister of Natural Resources to determine whether, in respect of the proposed marine renewable-electricity area, there are in existence any rights or interests granted or issued to any person under the authority of the Crown Lands Act;
(c) consult with the Minister of Fisheries and Aquaculture to determine whether, in respect of the proposed marine renewable-electricity area, there are in existence
(ii) any aquaculture licences or other licences, permits or authorizations issued, or
(iii) any sub-aquatic lands designated as aquaculture development areas,
under the Fisheries and Coastal Resources Act; and
(d) satisfy any other requirement and follow any other procedure or process prescribed by the regulations.
(2) Before January 1, 2024, clause (1)(a) does not apply if
(a) a strategic environmental-assessment document respecting the proposed marine renewable-electricity area is in existence at the time this Act comes into force; and
(b) the document is identified by the regulations.
(3) A strategic environmental assessment of a proposed marine renewable-electricity area required under clause (1)(a) must be
(a) conducted in accordance with any requirements prescribed by the regulations; and
(b) completed within such period before the establishment of the marine renewable-electricity area as is prescribed by the regulations.
18 A marine renewable-electricity area may not comprise any geographical area in respect of which
(a) an aquaculture lease or other lease has been entered into;
(b) an aquaculture licence or other licence, permit or authorization has been issued; or
(c) the sub-aquatic lands have been designated as an aquaculture development area,
under the Fisheries and Coastal Resources Act.
19 (1) Where a marine renewable-electricity area is established, the Registrar shall deposit in the Record Centre a plan signed by the Director showing the boundaries of the marine renewable-electricity area.
(2) Where the boundaries of a marine renewable-electricity area are altered, the Registrar shall deposit in the Record Centre a plan signed by the Director showing the altered boundaries of the marine renewable-electricity area, in substitution for the previous plan deposited under this subsection or subsection (1).
20 Within 20 years of the establishment of a marine renewable-electricity area, the Minister shall review the decision to establish the marine renewable-electricity area to ensure that its establishment continues to meet the objectives of this Act and that any impact of its establishment on the conduct of other activities in the marine renewable-electricity area is, in the Minister's opinion, minimal.
21 No person shall interconnect a generator situated in marine waters outside of a marine renewable-electricity area with
(a) the electrical grid of a public utility in the Province; or
(b) an onshore electricity consumer in the Province.
22 A person may only apply for a licence in response to and in accordance with a call for applications.
23 (1) The Minister may issue a call for applications.
(2) The geographic area to which a call for applications relates must be within a marine renewable-electricity area.
(3) A call for applications must be consistent with
(a) the regulations establishing the marine renewable-electricity area to which the call for applications relates;
(b) any terms, conditions or requirements specified by the Minister that, in the Minister's opinion,
(ii) are consistent with any policies, plans and strategies of the Government relating to the development of marine renewable-energy resources; and
(c) any requirements for a call for applications prescribed by the regulations.
24 (1) Where, under subsection 7(1), the Minister delegates the authority to issue a call for applications but not the authority to issue a licence, the person to whom the authority to issue a call for applications is delegated shall
(a) report to the Minister on the call for applications process;
(b) recommend whether the Minister issue any licences; and
(c) where the person recommends that the Minister issue one or more licences, recommend to whom the Minister issue each licence.
(2) For greater certainty, the Minister is not bound by a recommendation made under clause (1)(b) or (c).
25 The Minister shall decide whether to issue any licence and, where the Minister decides to issue one or more licences, to whom each licence is to be issued, no later than six months after the close of a call for applications.
26 (1) The Minister may, after the close of a call for applications, issue to an applicant a licence to, within the geographical area specified by the licence, construct, install and operate one or more connected generators, including any cable or any other equipment or structure owned by the licence holder and used or intended to be used with the generator.
(2) The licence area of a licence issued after a call for applications must be within the geographic area in relation to which the call for applications was issued.
27 (1) The Minister may issue to the holder of a feed-in tariff approval issued under Section 28 of the Renewable Electricity Regulations a licence to, within the geographical area specified by the licence, construct, install and operate a connected generator, if the approval was issued
(a) before the coming into force of this Act; and
(b) in respect of an electricity-generation facility situated or to be situated within the marine renewable-electricity area established by subsection 13(1).
(2) In addition to any other term or condition prescribed under Section 28, the Minister may require the holder of a licence issued under subsection (1) to neither be in breach of nor let expire
(a) any agreement with Her Majesty in right of the Province entered into before the coming into force of this Act respecting the electricity-generation facility;
(b) any lease or sub-lease, licence, easement, approval, permit or authorization entered into or issued before the coming into force of this Act in respect of Crown lands upon which the electricity-generation facility is or is to be situated; and
(c) the feed-in tariff approval.
28 A licence is subject to any terms and conditions
(a) prescribed by the Minister upon the issuance of the licence, including terms and conditions
(ii) establishing performance or other requirements that must be satisfied by the licence holder within a specific period,
(iii) requiring the licence holder to produce reports and data in relation to the activities to be carried on under the licence and specifying the timing, format and content of such productions,
(iv) restricting the technology that may be used in relation to the activities to be carried on under the licence,
(B) the aggregate nameplate capacity of, or the aggregate amount of electricity to be produced by, all of the generators operating under the licence, and
(b) prescribed by the regulations.
29 Notwithstanding the Crown Lands Act, a licence holder is not required to enter into any lease or obtain any licence or other authorization under that Act in respect of any activity authorized by the licence and undertaken within the licence area.
30 (1) When the licence area of a licence is established, the Registrar shall deposit in the Record Centre a plan signed by the Director showing the licence area.
(2) Where the licence area of a licence is altered, the Registrar shall deposit in the Record Centre a plan signed by the Director showing the altered licence area, in substitution for the previous plan deposited under this subsection or subsection (1).
31 The Minister shall, in the form and manner prescribed by the regulations, notify the public about the licensing process, including
(a) the issuance of a call for applications;
(b) upon the closing of a call for applications, the identity of the applicants who responded to the call for applications; and
(c) upon the issuance of a licence,
(iii) any performance or other requirements that must be satisfied by the licence holder within a specific period.
32 (1) A person may apply to the Minister for a permit to construct, install and operate
(a) an unconnected generator, including any cable or other equipment or structure owned by the permit holder and used or intended to be used with the generator; or
(b) any cable or other equipment or structure owned by the permit holder and used or intended to be used with a generator.
(2) An application for a permit must be made in the manner and contain the information prescribed by the regulations.
(3) The Minister may require an applicant for a permit to provide any additional information the Minister considers necessary.
(4) Where the Minister considers an application to be incomplete,
(a) the application must not be processed until the applicant provides the information required to complete the application;
(b) the Minister shall, within 90 days of receiving the application, advise the applicant in writing that the application is incomplete and that the application requires additional information to be completed; and
(c) where the Minister advises the applicant in writing that the application is incomplete, the Minister may, no sooner than 90 days after so advising the applicant, reject the application if it has not been completed.
(5) Subject to subsection (6), no later than 90 days after receiving a complete application, the Minister shall approve or deny the application.
(6) Where an application is made for a permit for which any activity authorized by the permit would be undertaken outside of a marine renewable-electricity area and between the ordinary high-water mark and the ordinary low-water mark, the Minister may not approve the application without the consent of the Minister of Natural Resources.
33 (1) The Minister may, upon approving an application, issue to the applicant a permit to
(a) construct, install and operate an unconnected generator, including any cable or other equipment or structure owned by the permit holder and used or intended to be used with the generator; or
(b) construct, install and operate any cable or other equipment or structure owned by the permit holder and used or intended to be used with a generator.
(2) The exercise by a permit holder of the authority to undertake any activity referred to in subsection (1) may be restricted to a geographical area specified in the permit.
34 (1) The Minister may, without any application being made, issue a permit to the Fundy Ocean Research Centre for Energy Limited in respect of any cable or other equipment or structure used or intended to be used with a generator that
(a) is situated within the Fundy Area of Marine Renewable-energy Priority; and
(b) was constructed or installed before the coming into force of this Act.
(2) The exercise by the holder of a permit issued under subsection (1) of the authority to undertake any activity referred to in that subsection may be restricted to a geographical area specified by the permit.
(3) In addition to any other term or condition prescribed under Section 35, the Minister may require Fundy Ocean Research Centre for Energy Limited to neither be in breach of nor let expire
(a) any agreement with Her Majesty in right of the Province entered into before the coming into force of this Act respecting any cable or other equipment or structure used or intended to be used with a generator situated within the Fundy Area of Marine Renewable-energy Priority; and
(b) any lease or sub-lease, licence, easement, approval, permit or authorization entered into or issued before the coming into force of this Act in respect of Crown lands situated within the FORCE Marine Renewable-electricity Area.
35 A permit is subject to any terms and conditions
(a) prescribed by the Minister upon the issuance of the permit, including terms and conditions
(ii) establishing performance or other requirements that must be satisfied by the permit holder within a specific period,
(iii) requiring the permit holder to produce reports and data in relation to the activities to be carried on under the permit and specifying the timing, format and content of such productions,
(iv) restricting the technology that may be used in relation to the activities to be carried on under the permit, and
(v) requiring the development of and adherence to plans relating to the activities to be carried on under the permit, including plans relating to public consultation and engagement, environmental protection, research, monitoring, risk-management, generator decommissioning and site restoration; and
(b) prescribed by the regulations.
36 Notwithstanding the Crown Lands Act, a permit holder is not required to enter into any lease or obtain any licence or other authorization under that Act in respect of any activity authorized by the permit.
37 (1) Where a permit area is established for a permit, the Registrar shall deposit in the Record Centre a plan signed by the Director showing the permit area.
(2) Where the permit area of a permit is altered, the Registrar shall deposit in the Record Centre a plan signed by the Director showing the altered permit area, in substitution for the previous plan deposited under this subsection or subsection (1).
38 The Minister shall, in the form and manner prescribed by the regulations, notify the public about the permitting process including, upon the issuance a permit,
(a) the identity and address of the permit holder;
(b) where applicable, the permit area; and
(c) any performance or other requirements that must be satisfied by the permit holder within a specific period.
39 (1) The Minister may extend or renew a licence or permit.
(2) The process and requirements for extending or renewing a licence or permit may be prescribed by the regulations.
40 (1) Where required to do so by the regulations, a person who applies for a licence or permit shall, in respect of the activity authorized by the licence or permit, provide financial or other security or carry insurance.
(2) The Minister may determine the manner in which, and the conditions under which, any security that is provided under subsection (1) may be forfeited or returned, in whole or in part.
(3) Subsection (1) does not apply to the Government or a government agency.
41 (1) No person may transfer, sell, lease, assign or otherwise dispose of a licence or permit without the written consent of the Minister.
(2) The Minister may impose any terms or conditions that the Minister considers appropriate in respect of a transfer, sale, lease, assignment or other disposition of a licence or permit.
(3) Where a person requests that the Minister consent to a transfer, sale, lease, assignment or other disposition of a licence or permit, the written consent must be given within 60 days of the receipt of the request unless the Minister notifies the person otherwise, in writing, within 10 days of receipt of the request.
42 On application by the holder of a licence or permit, the Minister may
(a) alter the licence area or permit area of the licence or permit, as the case may be; or
(b) amend a term or condition of, add a term or condition to, or delete a term or condition from, the licence or permit,
if the Minister considers it appropriate to do so.
43 (1) The holder of a licence or permit may apply to the Minister for a certificate of variance to vary a term or condition of the licence or permit or a requirement of the regulations.
(2) The Minister may issue a certificate of variance and may
(a) impose any term or condition that the Minister considers appropriate in respect of the certificate; or
(b) amend a term or condition of, add a term or condition to, or delete a term or condition from, a certificate.
(3) A certificate of variance is in effect only during the period specified by the Minister and, notwithstanding anything in this Act or the regulations, during that period the terms and conditions of the licence or permit or the requirements of the regulations that are not varied by the certificate continue to apply.
(4) While a certificate of variation is in effect in respect of a term or condition of a licence or permit or a requirement of the regulations,
(b) the requirement, as it applies to an activity authorized to be carried on under the licence or permit,
is deemed to be varied in accordance with the certificate.
44 (1) The Minister may suspend or revoke a licence or permit
(b) if, in the course of applying for the licence or permit, the applicant
(ii) failed to supply information that the applicant might reasonably have been expected to supply,
and the Minister determines that, had the correct information been supplied, the licence or permit would have either been refused or issued on different terms and conditions; or
(c) if the licence or permit is no longer required under this Act or the regulations.
(2) Where the Minister suspends or revokes a licence or permit under subsection (1), the Minister shall forthwith give notice in writing, together with reasons, of the suspension or revocation to the holder of the licence or permit.
45 Where a licence or permit is revoked because, in the course of applying for the licence or permit, the applicant failed to supply information that the applicant might reasonably have been expected to supply, the Minister may issue a new licence or permit on different terms and conditions.
DEPARTMENTS AND AGENCIES
46 (1) When establishing a marine renewable-electricity area, the Minister may consult with any department of the public service of the Province or of Canada, government agency or agency of the Government of Canada, that exercises regulatory authority over any aspect of the activities to be carried on in the marine renewable-electricity area.
(2) When considering an application for a licence or permit, the Minister may consult with any department of the public service of the Province or of Canada, government agency or agency of the Government of Canada, that exercises regulatory authority over any aspect of the activities to be carried on under the licence or permit.
47 (1) In this Section and clauses 67(1)(y) and (z), "personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
(2) The Minister may, in accordance with the regulations, disclose any information, including personal information, contained in an application for a licence or permit to any department of the public service of the Province or of Canada, government agency or agency of the Government of Canada, that exercises regulatory authority over any aspect of the activities to be carried on under the licence or permit.
(3) A department of the public service of the Province or a government agency to which information, including personal information, is disclosed under subsection (2) may, in accordance with any requirements prescribed by the regulations, collect, use and disclose the information.
48 (1) The Minister shall, in respect of an application for a licence or permit, take into account any concerns expressed about the application by a department of the public service of the Province or of Canada, a government agency or an agency of the Government of Canada, when deciding whether to approve or deny the application and when prescribing any terms or conditions of the licence or permit.
(2) Before taking into account any concerns expressed about an application by a department of the public service of the Province or of Canada, a government agency or an agency of the Government of Canada, the Minister shall
(a) inform the applicant of the concerns expressed; and
(b) provide the applicant with an opportunity to respond to the concerns expressed.
OF DATA AND INFORMATION
49 (1) The holder of a licence or permit shall, in accordance with the regulations, collect data about the activities that the holder of the licence or permit is authorized to carry on under the licence or permit.
(2) The holder and any former holder of a licence or permit shall, in accordance with the regulations, maintain a record of any data about the activities that the holder or former holder of the licence or permit is or was, as the case may be, authorized to carry on under the licence or permit.
50 (1) Subject to subsection 51(3), the holder or any former holder of a licence or permit shall, upon and in accordance with a direction by the Minister to do so, disclose to a person, for research purposes, any data or information about the activities that the holder or former holder is or was, as the case may be, authorized to carry on under the licence or permit.
(2) Subject to subsection 51(3), where the licence area of the licence once held by a former licence holder coincides partially or entirely with the licence area of a licence held by a current licence holder, the former licence holder shall, upon and in accordance with a direction by the Minister to do so, disclose to the current licence holder any data or information about the activities that the former licence holder was authorized to carry on under the licence of the former licence holder.
51 (1) Within 10 days of receiving a direction from the Minister under Section 50, or within such further time as the Minister allows, the holder or former holder of the licence or permit may request that the person to whom data or information is to be disclosed under Section 50 execute a confidentiality or non-disclosure agreement and provide to the Minister a copy of the agreement for the Minister's approval.
(2) The Minister may approve a confidentiality or non-disclosure agreement provided to the Minister under subsection (1) and, before doing so, may make any amendments to the agreement that the Minister considers necessary or advisable.
(3) Where the Minister has approved a confidentiality or non-disclosure agreement under subsection (2), the person to whom data or information is to be disclosed under Section 52 is not entitled to the disclosure until the person executes the agreement.
52 (1) Where the holder or former holder of a licence or permit fails to disclose information in accordance with Section 50,
(a) the Minister may disclose to the person to whom data or information is to be disclosed; and
(b) the person to whom data or information is to be disclosed may collect and use,
any data or information in the Minister's possession about the activities that the holder or former holder is or was, as the case may be, authorized to carry on under the licence or permit.
(2) No action lies against Her Majesty in right of the Province, the Minister, the person to whom any data or information is disclosed under subsection (1) or any agent, servant or employee of Her Majesty in right of the Province or the person to whom data or information is disclosed under subsection (1) in respect of the collection, use and disclosure of the data or information.
53 Notwithstanding anything in this Act, the Minister may not disclose, in respect of a generator,
(a) any data relating to when and how much electricity is produced by the generator; or
(b) any other data or information prescribed by the regulations,
without the written consent of the holder of the licence or permit under which the generator is operated.
54 (1) The Minister may, regardless of whether a person has contravened this Act or the regulations or has been charged or convicted in respect of any contravention of this Act or the regulations, issue an order requiring a person, at the person's own expense, to
(a) where the Minister believes on reasonable and probable grounds that the person has contravened or will contravene this Act or the regulations, cease or take any action in respect of the person's contravention or anticipated contravention of this Act and the regulations;
(b) where the Minister believes on reasonable and probable grounds that the person has contravened or will contravene a term or condition of a licence or permit, cease or take any action in respect of the person's contravention or anticipated contravention of the term or condition; or
(c) where the Minister believes that an emergency exists or is imminent in respect of a matter authorized or governed by this Act or the regulations, cease or take any action necessary to abate or prevent the emergency.
(2) An order issued under subsection (1) may
(a) require a person, at the person's own expense, to
(ii) hire an expert to prepare a report for submission to the Minister or a person specified by the Minister,
(iii) submit to the Minister or a person specified by the Minister, in accordance with the order, any information, proposal or plan setting out any action to be taken by the person with respect to the subject-matter of the order,
(iv) prepare and submit a contingency plan,
(v) undertake any test, investigation, survey or other action specified by the Minister and report the results to the Minister, or
(vi) take any other measure that the Minister considers necessary to facilitate compliance with the order;
(b) fix the manner or method of, or the procedures to be used in, carrying out any measure required by the order; and
(c) fix the time within which any measure required by the order is to be commenced and the time within which the order or any portion of the order is to be complied with.
(3) Where the Minister believes on reasonable and probable grounds that a person has contravened or will contravene this Act, the regulations or a term or condition of a licence or permit, the Minister may issue an order
(a) prohibiting a public utility from interconnecting a generator, line, plant, equipment or work owned or operated by the person to any line, plant, equipment or work of the public utility; or
(b) directing a public utility to disconnect a generator, line, plant, equipment or work owned or operated by the person from any line, plant, equipment or work of the public utility.
(4) The reasonable costs incurred by a public utility when complying with an order issued under subsection (3) are a debt due to the public utility by the person who owns or operates the generator, line, plant, equipment or work that is the subject of the order.
(5) An order issued under subsection (1) or (3) is not a regulation within the meaning of the Regulations Act.
55 (1) Any reasonable costs, expenses or charges incurred by the Minister when investigating and responding to
(a) any matter to which an order issued under subsection 54(1) or (3) relates; or
(b) the failure to comply with an order issued under subsection 54(1) or (3),
are recoverable by order of the Minister against the person to whom the order issued under subsection 54(1) or (3) was directed.
(2) Where an order to pay is issued by the Minister under subsection (1), the order may be filed with a prothonotary of the Supreme Court and, when so filed and recorded,
(a) the order is of the same force and effect as if it were a judgment against real property that the person named in the order may then or thereafter own;
(b) subject to subsection (3), a lien is established on the property referred to in clause (a) for the amount stated; and
(c) the order is enforceable in the same manner as a judgment of the Supreme Court of Nova Scotia.
(3) No lien is created under clause (2)(b) against property registered under the Land Registration Act until the order is recorded in the parcel register.
(4) An order issued under subsection (1) is not a regulation within the meaning of the Regulations Act.
56 (1) An order issued by the Minister under subsection 54(1) or (3) or 55(1) must be served in accordance with subsection (2).
(a) upon a copy being personally served on the person to whom it is directed;
(b) upon a copy being sent, by electronic mail, facsimile or other electronic means, to the person to whom it is directed and an acknowledgement of receipt being received; or
(c) five days after a copy is sent by mail addressed to the person to whom it is directed at the last address for that person known to the Minister, if any.
(3) Where the person to be served is a corporation, service on a director, officer or recognized agent of the corporation in accordance with subsection (2), or service in accordance with the Corporations Registration Act, is deemed to be service on the corporation for the purpose of subsection (1).
(4) Where it is unpractical for any reason to serve a document in the manner prescribed by subsection (2) or (3), an ex parte application may be made to a judge of the Supreme Court of Nova Scotia, who may make an order for substituted service providing for the steps to be taken to bring the matter to the attention of the person to be served.
57 (1) Where an order is served on a person to whom it is directed, the person shall comply with the order forthwith or, where a period for compliance is specified in the order, within the period specified.
(2) Where the person to whom an order is directed does not comply with the order or any part thereof, the Minister may take whatever action the Minister considers necessary to carry out the terms of the order.
(a) amend a term or condition of, add a term or condition to, or delete a term or condition from, an order;
(c) amend a typographical error in an order.
(2) A copy of an order amended or revoked pursuant to subsection (1) must be served in accordance with Section 56 on the person to whom the original order was directed.
59 There is hereby reserved to Her Majesty in right of the Province, and each licence holder is liable for and shall pay, in accordance with the regulations and at the rates prescribed by the regulations,
(a) any royalties prescribed by the regulations in respect of the electricity produced under the licence; and
(b) any rents or fees prescribed by the regulations in respect of the licence.
60 A decision of the Minister under this Act or the regulations is final and may not be questioned or reviewed in any court or tribunal.
(a) Her Majesty in right of the Province or an agent, servant or employee thereof;
(c) any person appointed or expert retained under Section 6 to advise the Minister or any person appointed to an advisory committee established under Section 6 to advise the Minister;
(d) any person to whom the Minister has, under subsection 7(1), delegated a power or duty conferred or imposed on the Minister under this Act, or the employer of the person; or
(e) any minister of the Government, government agency, agency of the Government of Canada, municipality or other person to whom the Minister has, under subsection 8(1), transferred the administration and control of a provision of this Act, or any agent, servant or employee thereof,
if the action arises out of any act or omission of the person that occurs while the person is carrying out duties or exercising powers under this Act or the regulations in good faith.
62 (1) A person who contravenes
(a) this Act or the regulations;
(b) a term or condition of a licence or permit; or
is guilty of an offence and liable on summary conviction, in the case of a first offence, to a fine of not more than $100,000, and, in the case of a second or subsequent offence, to a fine of not more that $500,000 dollars.
(2) In a prosecution of an offence, it is sufficient proof of the offence to establish that the offence was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.
(3) Where a corporation commits an offence, a director, officer or agent of the corporation who authorized, permitted or acquiesced in the offence is also guilty of the offence and liable on summary conviction to the penalties set out in subsection (1), whether or not the corporation has been prosecuted or convicted.
(4) Where an offence is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
(5) No person may be convicted of an offence if the person establishes that the person
(a) exercised all due diligence to prevent the commission of the offence; or
(b) reasonably and honestly believed in the existence of facts that, if true, would have rendered the conduct of that person innocent.
63 (1) Where a person is convicted of an offence, in addition to any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order requiring the offender to comply with such conditions as the court considers appropriate and just in the circumstances for securing the offender's good conduct and for preventing the offender from repeating the same offence or committing other offences.
(2) An order made under subsection (1) comes into force on the day on which it is made or on such other day as the court may order and may not continue in force for more than three years after that day.
64 A prosecution of an offence pursuant to this Act may not be commenced more than two years after the later of
(a) the date on which the offence was committed; and
(b) the date on which evidence of the offence first came to the attention of the Minister.
65 (1) On the report and recommendation of the Minister and the Minister of Natural Resources, the Governor in Council may make regulations respecting the FORCE Marine Renewable-electricity Area, including regulations
(a) altering the geographic boundaries of, or prescribing different geographic boundaries for, the FORCE Marine Renewable-electricity Area;
(b) specifying the types of connected generators that, in addition to an in-stream tidal-energy converter, may be licensed to operate within the FORCE Marine Renewable-electricity Area;
(c) varying the limit on the aggregate nameplate capacity of the licensed generators that may be constructed, installed and operated within the FORCE Marine Renewable-electricity Area;
(d) restricting the application or operation of an enactment within the FORCE Marine Renewable-electricity Area;
(e) requiring the approval of the Minister before a licence, permit, approval, authorization or permission may, in respect of the FORCE Marine Renewable-electricity Area or an activity to be conducted within the FORCE Marine Renewable-electricity Area, be issued under an enactment and respecting any such requirement;
(f) subject to subsection (3), imposing conditions or restrictions on, or prohibiting the conduct of, an activity that is occurring or is to occur within the FORCE Marine Renewable-electricity Area;
(g) respecting the disestablishment of the FORCE Marine Renewable-electricity Area;
(h) respecting any matter or thing the Governor in Council considers necessary or advisable for the effective administration of the FORCE Marine Renewable-electricity Area.
(2) Where there is a conflict between a regulation made under clause (1)(d) or (e) and any other enactment, the regulation made under clause (1)(d) or (e) prevails.
(3) The Governor in Council may only exercise the authority contained in clause (1)(f)
(a) when altering the geographic boundaries of the FORCE Marine Renewable-electricity Area to include any area that, immediately before the alteration, was not included within the boundaries,
(b) when adding to the types of connected generators that may be licensed to operate within the FORCE Marine Renewable-electricity Area;
(c) when increasing the limit on the aggregate nameplate capacity of the licensed generators that may be constructed, installed or operated within the FORCE Marine Renewable-electricity Area; or
(d) if the Governor in Council considers it necessary for the safety of persons or property.
(4) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
66 (1) On the report and recommendation of the Minister and the Minister of Natural Resources, the Governor in Council may make regulations establishing a marine renewable-electricity area, including regulations
(a) establishing the geographic boundaries of the marine renewable-electricity area;
(b) specifying the types of connected generators that may be licensed to operate within the marine renewable-electricity area;
(c) establishing a limit on the aggregate nameplate capacity of the licensed generators that may be constructed, installed and operated within the marine renewable-electricity area;
(d) restricting the application or operation of an enactment within the marine renewable-electricity area;
(e) requiring the approval of the Minister before a licence, permit, approval, authorization or permission may, in respect of the marine renewable-electricity area or an activity to be conducted within the marine renewable-electricity area, be issued under an enactment and respecting any such requirement;
(f) subject to subsection (4), imposing conditions or restrictions on, or prohibiting the conduct of, an activity that is occurring or is to occur within the marine renewable-electricity area;
(g) respecting any matter or thing the Governor in Council considers necessary or advisable for the effective establishment and administration of the marine renewable-electricity area.
(2) A regulation establishing a marine renewable-electricity area must
(a) establish the geographic boundaries of the marine renewable-electricity area;
(b) specify the types of connected generators that may be licensed to operate within the marine renewable-electricity area; and
(c) establish a limit on the aggregate nameplate capacity of the licensed generators that may be constructed, installed and operated within the marine renewable-electricity area.
(3) Where there is a conflict between a regulation made under clause (1)(d) or (e) and any other enactment, the regulation made under clause (1)(d) or (e) prevails.
(4) The Governor in Council may only exercise the authority contained in clause (1)(f) in respect of a marine renewable-electricity area
(a) when the marine renewable-electricity area is being established or materially modified; or
(b) if the Governor in Council considers it necessary for the safety of persons or property.
(5) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
67 (1) The Governor in Council may make regulations
(b) prescribing devices or technologies
(c) prescribing sources for the purpose of the definition of "marine renewable-energy resources";
(d) altering or replacing the description of the geographic area that comprises the Bras d'Or Area of Marine Renewable-energy Priority;
(e) altering or replacing the description of the geographic area that comprises the Fundy Area of Marine Renewable-energy Priority;
(f) respecting areas of marine renewable-energy priority;
(g) respecting the timing and manner by which a notice to the public containing the details of a public consultation process must be issued by the Minister;
(h) prescribing information that is to be included in a notice to the public containing the details of a public consultation process;
(i) prescribing information that is to be included in a report summarizing the information obtained when consulting with the public in accordance with a public consultation process;
(j) prescribing requirements to be satisfied and procedures and processes to be followed by the Minister before a marine renewable-electricity area may be established;
(k) identifying strategic environmental assessment documents respecting proposed marine renewable-electricity areas for the purpose of subsection 17(2);
(l) respecting the conduct of strategic environmental assessments;
(m) prescribing the period before the establishment of a marine renewable-electricity area within which a strategic environmental assessment of the proposed marine renewable-electricity area must be completed;(n) respecting calls for applications;
(o) respecting applications for a licence;
(p) establishing different types of licences and different requirements applicable to each type of licence;
(q) prescribing terms and conditions of licences;
(r) prescribing the form and manner by which the Minister is to notify the public of the licensing process, including the matters referred to in Section 31;
(s) prescribing the manner in which an application for a permit is to be made and the information that an application for a permit is to contain;
(t) establishing different types of permits and different requirements applicable to each type of permit;
(u) prescribing terms and conditions of permits;
(v) prescribing the form and manner by which the Minister is to notify the public of the permitting process, including the matters referred to in Section 38;
(w) respecting the extension or renewal of licences and permits;
(x) prescribing the circumstances in which an applicant for a licence or permit is to provide financial or other security or carry insurance;
(y) respecting the disclosure by the Minister to a department of the public service of the Province or of Canada, a government agency or an agency of the Government of Canada of information, including personal information, contained in an application for a licence or permit;
(z) respecting the collection, use and disclosure by a department of the public service of the Province or a government agency of information, including personal information, contained in an application for a licence or permit;
(za) respecting the collection of data by the holder of a licence or permit about the activities that the holder is authorized to carry on under the licence or permit, including the types of data that is to be collected;
(zb) respecting the maintenance of records of data by the holder or former holder of a licence or permit about the activities that the holder is, or former holder was, authorized to carry on under the licence or permit, including the length of time during which the records must be maintained;
(zc) prescribing data or information about a generator that the Minister is not allowed to disclose without the written consent of the holder of the licence or permit under which the generator is operated;
(zd) respecting royalties in respect of the electricity produced under a licence and rents and fees payable in respect of a licence, including
(ii) prescribing the rates at which such royalties, rents and fees are payable,
(iii) respecting returns and other information to be provided to the Minister by the holder of a licence, including the contents of such returns and when such returns and other information are to be provided,
(iv) respecting the records to be maintained by a licence holder in respect of royalties, fees or rents payable,
(v) authorizing the Minister to perform an audit of a licence holder's records and prescribing the time and manner in which an audit is to be performed,
(vi) respecting the time and manner in which assessments of the amounts of any royalties, rents or fees payable by a licence holder may be made by the Minister,
(ze) defining any word or expression used but not defined in this Act;
(zf) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
68 (1) The Minister may make regulations prescribing fees in relation to anything done or required to be done under this Act or the regulations, and the manner of payment of such fees.
(2) The exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
AND EFFECTIVE DATE
69 Chapter 25 of the Acts of 1996, the Fisheries and Coastal Resources Act, is amended by adding immediately after Section 122 the following Section:
(2) Notwithstanding subsection 56(1), the Minister may not designate as an aquaculture development area any sub-aquatic lands situated within a marine renewable-electricity area as defined by the Marine Renewable-energy Act.
70 Subsection 4A(2) of Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, as enacted by Chapter 11 of the Acts of 1999 (Second Session) and amended by Chapter 4 of the Acts of 2004, Chapter 35 of the Acts of 2008, Chapter 41 of the Acts of 2010, Chapters 41 and 67 of the Acts of 2011 and Chapters 24 and 62 of the Acts of 2012, is further amended by adding immediately after clause (j) the following clause:
71 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
BRAS D'OR AREA OF MARINE
RENEWABLE-ENERGY PRIORITY
All and singular that certain lot, piece or parcel of land and land covered by water, lying and being in the vicinity of the Bras d'Or Lake, Province of Nova Scotia, said land being more particularly described as follows:
ALL those lands and lands covered by water known as the Bras d'Or Lake, said land is bounded by the ordinary high-water mark of said lake and three division lines;
BOUNDED on the north by a straight line from the most northerly point on the ordinary high-water mark at Cape Dauphin to the most easterly point on the ordinary high-water mark at Table Head;
BOUNDED on the northeast by a straight line from the most easterly point on the ordinary high-water mark at High Cape to the most northerly point on the ordinary high-water mark at Alder Point;
BOUNDED on the south by a straight line from the most easterly point on the ordinary high-water mark at Pointe du Loup to the most westerly point on the ordinary high-water mark at Jerome Point;
Saving and excepting any private or federal lands within said parcel of land.
The above described parcel of land and land covered by water contains approximately 110,900 hectares.
FUNDY AREA OF MARINE
RENEWABLE-ENERGY PRIORITY
All and singular that certain lot, piece or parcel of land and land covered by water, lying and being in the vicinity of the Bay of Fundy, Province of Nova Scotia, said lot being more particularly described as follows:
BEGINNING at the mouth of the Missaguash River;
THENCE southwesterly in a straight line to that point at latitude 45° 49' 39" North and longitude 64° 17' 25" West;
THENCE northwesterly in a straight line to that point at latitude 45° 50' 21" North and longitude 64° 18' 31" West;
THENCE northwesterly in a straight line to that point at latitude 45° 50' 40" North and longitude 64° 19' 15" West;
THENCE southwesterly in a straight line to that point at latitude 45° 50' 36" North and longitude 64° 19' 59" West;
THENCE southwesterly in a straight line to that point at latitude 45° 49' 36" North and longitude 64° 21' 29" West;
THENCE southwesterly in a straight line to that point at latitude 45° 48' 20" North and longitude 64° 23' 41" West;
THENCE southwesterly in a straight line to that point at latitude 45° 47' 36" North and longitude 64° 24' 17" West;
THENCE southwesterly in a straight line to that point at latitude 45° 45' 52" North and longitude 64° 26' 25" West;
THENCE southwesterly in a straight line to that point at latitude 45° 44' 18" North and longitude 64° 27' 57" West;
THENCE southwesterly in a straight line to that point at latitude 45° 42' 44" North and longitude 64° 28' 28" West;
THENCE southwesterly in a straight line to that point at latitude 45° 35' 14" North and longitude 64° 42' 55" West;
THENCE southwesterly in a straight line to that point at latitude 45° 30' 26" North and longitude 64° 56' 25" West;
THENCE southwesterly in a straight line to that point at latitude 45° 29' 09" North and longitude 64° 58' 07" West;
THENCE southwesterly in a straight line to that point at latitude 45° 22' 19" North and longitude 65° 05' 31" West, being approximately the midpoint between Isle Haute (Nova Scotia) and Martin Head (New Brunswick)
THENCE southwesterly in a straight line to that point at latitude 45° 00' 14" North and longitude 65° 43' 36" West, being approximately the midpoint between the west promontory of Parkers Cove (Nova Scotia) and Cape Spencer (New Brunswick);
THENCE southwesterly in a straight line to that point at latitude 44° 50' 16" North and longitude 66° 11' 39" West, being approximately the midpoint between Gullivers Head (Nova Scotia) and Point Lepreau (New Brunswick);
THENCE southwesterly in a straight line towards that point at latitude 44° 26' 09" North and longitude 66° 32' 32" West, to a point at the intersection of longitude 66° 24' 30" West;
THENCE south in a straight line to that point at latitude 44° 13' 00" North and longitude 66° 24' 30" West;
THENCE easterly in a straight line to that point at the intersection of latitude 44° 13' 00" and the ordinary high-water mark of Nova Scotia;
THENCE along the ordinary high-water mark of Nova Scotia excluding fresh watercourses to the PLACE OF BEGINNING.
Saving and excepting any private or federal lands within said parcel of land.
The above-described parcel of land and land covered by water contains approximately 726,000 hectares.
FORCE MARINE
RENEWABLE-ELECTRICTY AREA
All that certain parcel of land covered by water near Black Rock, Cumberland County, Nova Scotia, Parcel "A" as shown on "Plan of Survey of Parcels "A" & "B" proposed lease over Crown Land covered by water, Black Rock, Cumberland County, Nova Scotia" prepared by W.B. MacDonald NSLS for Order of Survey S-007/11, and particularly described as follows:
Beginning at the northwest corner of Parcel "B":
THENCE North 00° 00' 00" East a distance of 93.744 metres to a point;
THENCE North 90° 00' 00" West a distance of 1599.579 metres to a point;
THENCE South 00° 00' 00" East a distance of 999.491 metres to a point;
THENCE South 90° 00' 00" East a distance of 1599.579 metres to a point;
THENCE North 00° 00' 00" East a distance of 999.491 metres to the point of beginning.
Parcel "A" contains an area of 159.876 Hectares more or less.
Bearings are referred from the modified transverse mercator grid north, central meridian 64° 30' west longitude.
All that certain parcel of land covered by water near Black Rock, Cumberland County, Nova Scotia. Parcel "B" as shown on "Plan of Survey of Parcels "A" & "B" proposed lease over Crown Land covered by water, Black Rock, Cumberland County, Nova Scotia" prepared by W.B. MacDonald NSLS for Order of Survey S-007/11, and particularly described as follows:
Beginning on a north shore of Minas Basin at the ordinary high-water mark, at a point located South 49° 58' 33" East a distance of 602.299 metres from Nova Scotia coordinate monument number 15028;
THENCE South 23° 29' 32" West a distance of 49 metres more or less to a point;
THENCE South 45° 59' 11" West a distance of 286.718 metres to a point;
THENCE North 89° 38' 45" West a distance of 39.775 metres to a point;
THENCE North 71° 38' 13" West a distance of 483.026 metres to a point;
THENCE North 83° 52' 14" West a distance of 560.718 metres to a point;
THENCE South 00° 00' 00" West a distance of 779.665 metres to a point;
THENCE North 87° 54' 57" East a distance of 753.579 metres to a point;
THENCE North 68° 31' 06" East a distance of 159.646 metres to a point;
THENCE North 54° 32' 52" East a distance of 392.548 metres to a point;
THENCE North 36° 19' 18" East a distance of 104.282 metres to a point;
THENCE North 10° 30' 46" East a distance of 334.618 metres to a point;
THENCE North 23° 29' 32" East a distance of 41 metres more or less to a point on the north shore of Minas Basin at the ordinary high-water mark;
THENCE northwesterly along a portion of the shore of Minas Basin at ordinary high-water mark a distance of 93 metres more or less to the point of beginning;
Excepting thereout all that island and all that parcel of land covered by water, internal to Parcel "B" and shown on the plan as "Crown Lands reserved from lease", particularly described as follows:
Beginning on a west boundary of Parcel "B" at a point located North 00° 00' 00" East a distance of 91.501 metres from the southwest corner of Parcel "B" as shown on the plan;
THENCE North 87° 54' 57" East a distance of 734.623 metres to a point;
THENCE North 68° 31' 06" East a distance of 132.814 metres to a point;
THENCE North 54° 32' 52" East a distance of 323.579 metres to a point;
THENCE North 76° 59' 26" West a distance of 478.936 metres to a point;
THENCE South 77° 15' 17" West a distance of 352.098 metres to a point;
THENCE South 63° 05' 17" West a distance of 58.189 metres to a point;
THENCE South 44° 11' 10" West a distance of 372.114 metres to the point of beginning.
Parcel "B" contains an area of 55.008 Hectares more or less.
Bearings are referred from the modified transverse mercator grid north, central meridian 64° 30' west longitude.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2015 Crown in right of Nova Scotia. Created December 18, 2015. Send comments to legc.office@novascotia.ca.
