Question Period Note: Tidal Energy Development

• The Department remains committed to working with industry and federal and provincial partners to advance the responsible development of marine renewable energy, including tidal energy.
• This is why our Government established a task force on sustainable tidal energy to explore issues and opportunities associated with the deployment of tidal energy projects in the Bay of Fundy.
• The Task Force’s final report outlines a clear regulatory pathway for tidal energy projects in the Bay of Fundy and strengthens environmental protection by supporting research activities that improve understanding of risk assessment and monitoring.
• The Task Force will continue to facilitate greater collaboration between the federal government, the Province of Nova Scotia, members of the tidal industry and the tidal research community and will continue to engage with Indigenous organizations and stakeholders on tidal power development in the Bay of Fundy.

BACKGROUND
• In May 2022, Fisheries and Oceans Canada (DFO) received an application from Sustainable Marine Energy Canada Ltd. (SMEC) for a Fisheries Act authorization and Species at Risk Act permit in relation to a proposed in-stream tidal energy project.
• SMEC was proposing to deploy and operate a floating tidal energy device (i.e. platform) of 5 Megawatts (MW) including the installation of three, six, and eventually eight floating platforms. Each platform would have six tidal turbines as a minimum pathway in order to receive funding from their investors.
• The proposed project was located in the Fundy Ocean Research Center for Energy (FORCE) test site in the Minas Passage, approximately 7 km west of Parrsboro in Cumberland county, Nova Scotia.
• In 2020, Natural Resources Canada (NRCan) provided SMEC $28.5 million to advance tidal energy technology. It is DFO’s understanding that the funding was approved based on the deployment of 9 MW or approximately 21 platforms.
• The Minas Passage and Minas Basin have been identified as an ecologically and biologically significant area by DFO, due to its uniqueness and ecological importance, and is characterized by the world’s highest tides. There are currently 85 different fish species, multiple species of marine mammals, and marine invertebrates known to use this area. The Minas Passage acts as a major migratory corridor for many of these species, including numerous species of economic, social, and cultural significance and species at risk.
• DFO has communicated a clear regulatory path with projected timelines to support a staged approach to tidal energy development. This means installing only one platform with an acceptable monitoring program first. Under this staged approach to in-stream tidal energy development, the Department has authorized test platforms for various devices in both Grand and Petite Passage.
• This staged approach is important to ensure that predicted effects can be understood and validated before proceeding to the next stage of development (i.e. large or high-risk tidal array).
• Due to environmental conditions in the Minas Passage and technological and analytical limitations with monitoring equipment, it is difficult to monitor the impacts to species.
• In March 2023 the proponent communicated that they were withdrawing their application, resulting in a pause of DFO’s project review.
• DFO considers a variety of factors when reviewing in-stream tidal energy projects, including turbine specifications and project design, project location, avoidance and mitigation measures, relevant scientific literature, and the ability to monitor for potential effects.
• Decisions on whether or not to issue a Fisheries Act authorization are guided by the best available scientific information and departmental objectives, and decisions are made in consultation with Indigenous partners. The precautionary principle is followed when there are uncertainties.
• In the Maritimes Region, DFO has issued six Fisheries Act authorizations related to tidal power projects over the past five years.
• To help clarify requirements for the tidal industry, on June 20, 2023, the then Minister of DFO and the Minister of NRCan announced the establishment of a task force on sustainable tidal energy to explore issues and opportunities associated with the deployment of tidal energy projects in the Bay of Fundy.
• The Task Force is co-chaired by DFO and NRCan and includes members from the Government of Nova Scotia, industry, and research organizations. The Task Force facilitates greater collaboration between the federal government, the Province of Nova Scotia, members of the tidal industry and the tidal research community.
• The Task Force’s final report was released on February 28, 2024, and outlines a revised staged approach for tidal energy projects in the Bay of Fundy that aligns with the Province of Nova Scotia’s licensing requirements for the FORCE site in the Minas Passage.
• Under this approach, multiple devices can be deployed under a single Fisheries Act authorization of up to 15 years, provided all regulatory conditions are met.
• The final report also describes a workplan for a working group on risk and monitoring, summarizes stakeholder and Indigenous perspectives, and suggests a more proactive role for FORCE in the advancement of the tidal energy sector in Nova Scotia.
• In Fall 2024 DFO will publish two guidance documents of interest to the tidal energy sector:
o “DFO’s approach to assessing risk of death of fish from collision with tidal energy devices”, and,
o “DFO’s Guide to Environmental Effects Monitoring Programs to tidal energy devices in the Bay of Fundy”. 

If pressed
• Canada is committed to investing in clean growth, innovation, and emerging forms of renewable energy.
• Under the Blue Economy Strategy, we will continue to work with provinces and territories, Indigenous organizations, and the marine renewable energy industry to support projects and technology which advance this sector while ensuring the protection of fish and fish habitat, including aquatic species at risk.
• The Department is also continuing to work with the Impact Assessment Agency of Canada and the provinces on the regional assessments of offshore wind development in Newfoundland and Labrador and Nova Scotia.