On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in Nova Scotia, increasing opportunities for individuals, communities, and businesses to choose electricity generated from renewable sources – and opening up opportunities for solar project development in N.S.
Over the past decade, renewable energy generation in Nova Scotia has more than tripled; now, more than 30% of Nova Scotia’s electricity is generated from renewable resources, according to Nova Scotia Power Inc. (NSPI). Most of that new generation has come from wind. However, solar generation has started to play a more prominent role in the renewable energy mix in the Province over the past several years, with the adoption of net metering programs and other solar pilot programs, such as the Solar for Community Buildings Pilot Program. The proposed amendments to the Electricity Act are intended to create additional solar energy development opportunities in N.S., and expand the number of electricity users who can make use of solar, and perhaps other renewable energy, net metering programs. The details of the new programs will be set out in future regulations, but here are three key facts we know so far about the new N.S. Shared Solar Energy Program:
1. Solar Sharing
The amendments permit any utility – and require NSPI – to develop and maintain a “Shared Solar Program” that will permit any customer, group of customers or third party to generate electricity from solar for a customer’s or a group of customers’ use, and to sell any excess electricity to NSPI at a rate that will be prescribed by (not yet developed) regulation. Future regulations will prescribe the requirements in respect of the new Shared Solar Program, but it appears from a Government of Nova Scotia press release announcing the amendments that it will allow both:
- Residential tenants to adopt solar energy through a shared ownership or subscription model.
- Municipalities, First Nations, co-ops and not-for-profits to develop community solar gardens.
2. Net Metering Program Adjustment
The amendments also do away with certain requirements generators must meet to qualify for NSPI’s current Net Metering Program, including caps on the size of generators that qualify for the Program. New regulations that will be adopted after stakeholder consultations will replace these requirements.
3. Consultation Coming
Details of the Shared Solar Program will be developed through consultation with communities and stakeholders, and the Program will be subject to approval by the Nova Scotia Utility and Review Board.
Please contact your McInnes Cooper lawyer or any member of our Renewable Energy Team @ McInnes Cooper to discuss this topic or any other legal issue.
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