Getting a tidal energy permit in Canada is a rigorous, science-led process designed to protect marine ecosystems while enabling responsible clean energy development. Tidal energy projects must work through multiple regulatory stages involving federal and provincial authorities, environmental monitoring programs, and stakeholder engagement before deployment.
Understanding what the permitting process actually involves, and why it is structured the way it is, helps explain why responsible tidal developers invest so much in environmental monitoring, stakeholder engagement, and transparent reporting. It also helps clarify why projects like ours are built from the ground up with ecological safety as a design requirement rather than a regulatory checkbox.
The Regulatory Landscape for a Tidal Energy Permit in Canada
Securing a tidal energy permit in Canada requires compliance with both federal legislation and provincial marine renewable energy frameworks. At the federal level, Fisheries and Oceans Canada (DFO) is responsible for the conservation and protection of fish and fish habitat, including species at risk. Any project that is likely to affect fish or their habitat requires a Fisheries Act Authorization before it can proceed. DFO also administers permitting under the Species at Risk Act where relevant.
In Nova Scotia, where much of Canada’s tidal development is focused, the provincial Marine Renewable Energy Act creates a licensing and permitting system specifically for the sector. Developers must obtain a license to operate within a designated marine renewable energy area, or a permit for testing and demonstration work. Projects move forward only after undergoing a thorough review by the provincial government and are subject to ongoing government oversight and monitoring.
These are meaningful requirements. They reflect the fact that marine environments are complex, that the effects of tidal energy devices on marine life are still being studied, and that communities and ecosystems deserve protection before, during, and after any deployment.
Canada’s Staged Approach: Science-Led, Step by Step
One of the most significant developments in Canadian tidal regulation in recent years is the adoption of a Staged Approach by Fisheries and Oceans Canada. Rather than issuing a blanket authorization for full commercial deployment, the framework requires developers to start with a single device, operate it under detailed environmental monitoring conditions, and demonstrate that no adverse effects are occurring before scaling further. In November 2025, Canada issued its first tidal energy array authorization under this revised framework, a meaningful milestone for the entire industry.
“This decision shows that regulation, science, and responsible development can come together to fight the challenge of climate change.”
Those words, from Lindsay Bennett, Executive Director of the Fundy Ocean Research Centre for Energy (FORCE), quoted in Ocean News and Technology, reflect a principle we share at FM Hydro. The regulatory process is not a hurdle to get around. It is the process by which trust is built.
Under the revised Staged Approach, DFO now offers a single, conditional Fisheries Act Authorization covering the full 15-year lifecycle of a tidal energy project. This provides investors and developers with greater certainty while maintaining rigorous environmental conditions. Additional devices can be authorized as long as monitoring shows no adverse effects on fish and marine wildlife.
What Monitoring Actually Involves
Environmental monitoring is a central requirement for any tidal energy permit in Canada, ensuring marine ecosystems are studied and protected throughout deployment. The environmental requirements that accompany a tidal authorization are substantive. Developers must submit approved Environmental Effects Monitoring Programs, track fish populations, monitor marine mammal activity, and report their findings to regulators. The Fundy Ocean Research Centre for Energy has been working with partners including Acadia University, the Confederacy of Mainland Mi’kmaq, and the Ocean Tracking Network to develop new tools for understanding fish-turbine interactions in high-flow tidal currents, which are genuinely difficult to study given the turbulence and low visibility of these environments.
This is honest, difficult scientific work. It does not always yield clean answers quickly. But it is exactly the kind of work that earns a social license to operate and demonstrates that a company is acting in good faith toward the ecosystems and communities it touches.
How FM Hydro Approaches This Process
Our Archimedes screw turbine was designed with the regulatory and ecological context in mind from the beginning. Its slow rotation speed and open screw geometry are intended to minimize the risk of harm to fish and marine life. We do not claim to have eliminated every question or challenge. But we have structured our design philosophy around the goal of making environmental compliance not just achievable but inherent to how the technology works.
At FM Hydro, we believe in engaging regulators, scientists, and community stakeholders early and transparently. We share what we know and are clear about what we are still learning. We think that is the only honest way to build the kind of trust that allows tidal energy to grow in Canada responsibly.
Permitting is demanding. Monitoring is ongoing. Reporting is required. We welcome all of it. Because when a project earns its way through that process, the result is not just a permit. It is a demonstration that clean, predictable tidal energy can be developed in a way that the environment and the community can genuinely stand behind.
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REFERENCES
- Fisheries and Oceans Canada (2024). Task Force on Sustainable Tidal Energy Development in the Bay of Fundy.
- Ocean Energy Systems (2024). Ocean Energy in the World: Canada.
https://www.ocean-energy-systems.org/ocean-energy-in-the-world/canada
- Orbital Marine Power (2025). Canada’s First Tidal Energy Array Authorised Using Adaptive Regulatory Framework.
- Ocean News and Technology (2025). Canada’s First Tidal Energy Array Authorized Using Adaptive Regulatory Framework.
- Offshore Energy (2024). Canadian Government Charts Path for Sustainable Tidal Energy Development.
- FORCE / Acadia University (2023). A Framework for Environmental Risk Assessment and Decision-Making for Tidal Energy Development in Canada.
