Offshore wind projects are gaining momentum in Canadian waters, and so are the rules and regulations governing them. For instance, Nova Scotia now treats submerged land licences, safety, and community benefits as core elements of project approval.
In this guide, we will walk readers through the approval process and key legal requirements for offshore wind projects. For more detailed guidance on specific projects, companies should consult an energy lawyer with electricity sector experience.
What is the approval process for offshore wind projects in Canada?
Energy projects are receiving growing attention from provinces in Canada as governments pursue greener sources of power. One example is Nova Scotia's designation of four potential offshore wind energy areas in 2025.
These areas include:
- Middle Bank
- Sable Island Bank
- Sydney Bight
- French Bank
Additional areas, such as the Western/Emerald Bank, will be revisited as further candidates for offshore wind development. These zones are in addition to areas already identified in Newfoundland and Labrador.
The licensing process for these areas in Nova Scotia will be managed by the Canada-Nova Scotia Offshore Energy Regulator (CNSOER). The CNSOER was previously the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) and was renamed to reflect its new responsibility of regulating offshore renewable energy projects.
This video from the Nova Scotia government shows its plans in harnessing offshore wind energy resources in the province:
Reach out to the best energy lawyers for electricity in Canada as ranked by Lexpert for more information on the approval process for offshore wind projects.
Approval process for offshore wind projects in Nova Scotia
Mohammad Ali Raza, a Partner at Cox & Palmer, provided insights on offshore wind projects in Nova Scotia. Based in Halifax, Raza explains the approval process for offshore wind projects under the CNSOER framework.
Call for Information
Because CNSOER issues submerged land licences for offshore renewable energy projects, Raza notes that the process currently begins when the regulator issues a Call for Information.
"In October 2025, CNSOER launched their first Offshore Wind Call for Information and Prequalification Process for three areas in the Canada-Nova Scotia offshore that was open for 90 days, closing in mid-January 2026."
Call for Bids
"CNSOER is currently evaluating applications and will determine whether interested proponents can participate in the Call for Bids for offshore wind parcels," Raza says. He adds that the CNSOER anticipates administering a public Call for Bids later in 2026 where:
- The CNSOER will invite applications for submerged land licences from the prequalified proponents
- The CNSOER will make a recommendation to the Federal and Provincial Energy Ministers as to the winners of the Call for Bids
This follows a regional assessment of potential offshore wind projects in the joint offshore area, covering both Nova Scotia and Newfoundland and Labrador.
Deciding on offshore wind applications
After these initial stages, "Ministers then have 60 days to make a decision based on the recommendation of the CNSOER," Raza says.
This is "before a regulator can issue a submerged land licence to a winner of the Call for Bids, giving a project proponent the right to develop a project in the licence area."
Project‑level assessments and CNSOER authorizations
Winning a submerged land licence is not the final approval; it is a tenure step, not necessarily a construction permit. The broader regime is designed to protect the environment, including fisheries used both by Indigenous and non-Indigenous communities.
It means that before any physical offshore work can begin, the proponent must still obtain the necessary project‑level approvals and authorizations. It may include:
- environmental assessment or impact assessments, which may be conducted by the Impact Assessment Agency
- authorization application, which will be outlined in the Offshore Renewable Energy Regulations being developed under the Accords Act
In any case, the CNSOER will expect strong safety, environmental, and emergency planning before project construction or operation begins.
Monitoring, compliance and ongoing oversight
As with any other energy projects in Canada, regulators such as the CNSOER will continue to monitor the project to ensure its compliance with applicable laws and regulations.
In the context of offshore wind projects, monitoring can be done in several ways:
- conducting audits and inspections
- reviewing submitted reports
- holding meetings with the energy company
If violations are found, CNSOER can use a range of compliance and enforcement tools, depending on the severity and significance of the non‑compliance.
What are the requirements when applying for offshore wind projects in Canada?
Here are the main requirements when applying for offshore wind projects in Nova Scotia through CNSOER:
Meeting prequalification requirements
"When applying to develop an offshore wind project, project proponents must first submit an application to the CNSOER during the prequalification process," Raza says. "This will be used to determine if the proponent meets the minimum acceptable threshold."
He adds that to qualify, a proponent must satisfy specific criteria set out in the prequalification application. Resources from the CNSOER lay down three criteria:
- Financial capability: This can include net assets, equity ratio, annual turnover, or funds under management. The goal is to show that the applicant can finance and deliver a large and sustainable offshore wind project.
- Technical expertise: Applicants must show experience in offshore wind or other large offshore or renewable projects. Otherwise, they must show clear access to external offshore wind expertise. They must also show knowledge of the local supply chain in Nova Scotia, and how they will use it.
- Legal and social status: Lastly, companies must disclose their compliance history. They must show a strong record on health, safety, environment, human rights, and ethical conduct. This helps screen operators with poor regulatory or social records.
Prequalification runs for a fixed window, as mentioned by Raza. For NS25‑1R, the window is 90 days from October 16, 2025 to January 13, 2026.
Submitting a bid during the Call for Bids
"If a proponent is successful in their application to become prequalified, they can submit a bid during the Call for Bids process," Raza says. He adds that proponents must pay the following:
- a $250,000 fee to submit a bid, and
- an additional $750,000 fee upon the issuance of a submerged land licence
As for the 2026 process, Raza says that the CNSOER has not yet determined what criteria will be used for the Call for Bids. These include specific criteria, criteria weighting, scoring metrics, and evaluation methods.
At most, he says that the criteria for calls for bids could include the following:
- a proponent's technical expertise and capacity to deliver a proposed project
- a proponent's financial strength and project readiness, engagement, and community benefits
- an evaluation of plans related to engagement and community benefits, supply chains and workforce development
- a plan related to a project's environment and sustainability impact
Check out this webinar which provides an overview of the offshore renewable energy land tenure process under the CNSOER:
Head over to our Special Edition on Energy Law for another directory of the leading lawyers in energy law and other resources relevant to renewable energy projects in Canada.
How can lawyers help clients who are applying for offshore wind projects?
From licensing to operations, energy lawyers can help companies navigate the regulatory life cycle for Canada's offshore wind sector. That includes assessing the opportunities the sector offers and the regulatory and commercial risks that may arise at each stage.
Dealing with energy project regulators
Lawyers can help clients engage with energy regulators, whether federal or provincial. For Nova Scotia projects, "proponents can benefit from the expertise of local law firms to navigate the regulatory framework established by CNSOER," Raza says.
He adds that lawyers can:
- prepare and review materials to ensure compliance with application requirements
- help organize and facilitate the submission of application documents
Because the selection process for submerged land licences is typically competitive, legal guidance is often needed throughout.
Advising on agreements related to projects
"Project proponents can work with lawyers to help advise on secondary agreements connected to offshore wind development," Raza says. One example he gave is negotiating agreements with joint venture partners and consortium members, contractors, workforce, equipment suppliers, and other stakeholders.
Offshore wind projects: Building a greener future in Canada
Offshore wind work in the Canada‑Nova Scotia offshore area will only move ahead when safety, the environment, and coastal communities are taken seriously. As a result, the process now runs through clear steps, from prequalification and bidding to detailed project approvals.
Developers, lenders, and community groups, therefore, continue to seek targeted legal advice. Energy lawyers can translate this offshore wind legal framework into practical steps that stakeholders can act on.
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