Data-center law in Newfoundland and Labrador

S.N.L. 2000, c. U-8, ss. 2 (g), 35-36, 48

Effective 2001-01-01 · Applies to both

Development means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of a material change in the use, or the intensity of use of land, buildings or premises. A council or regional authority must, to ensure that land is controlled and used only in accordance with the appropriate plan or scheme, make development regulations that include land use zoning and the permitted, prohibited and discretionary uses of land in each land use zone.

Those regulations must also address development permits, including the application for and issuance of permits, the conditions applicable to a permit, and the discretion and variance powers available to the council or regional authority. The minister may make regulations, included in council and regional authority regulations, to control, direct or prohibit development in the province or an area of the province and to license development.

The minister may direct that an application be referred to the minister instead of being dealt with by the council, regional authority or authorized administrator, where in the minister's opinion it is in the special interest of an area of the province or the province as a whole to do so. The Act was proclaimed in force on January 1, 2001.

Source: Full text of law

S.N.L. 2002, c. E-14.2, ss. 48-49, 114 (2), 115 (2); N.L.R. 54/03, s. 34

Applies to both

A person may not proceed with an undertaking unless that undertaking has been exempted or released under the Act. A proponent must, in the form and with the content the minister prescribes and before proceeding with the final design of an undertaking, notify the minister of the proposed undertaking, and that notification is considered to be a registration of the undertaking.

An undertaking engaged in electric power generation must be registered where it involves diesel electric power generating plants with a capacity of more than one megawatt or gas turbine electric power generating plants with a capacity of more than one megawatt, among other listed works.

An undertaking engaged in the construction of new electric power transmission lines, or the relocation or realignment of existing lines, must be registered where a portion of a new line will be located more than 500 metres from an existing right of way. A person who contravenes Part X of the Act or its regulations is guilty of an offence. A corporation convicted of that offence is liable on summary conviction to a fine of not less than $5,000 and not more than $1,000,000.

Source: Full text of law

S.N.L. 1994, c. E-5.1, ss. 2 (h), 14.1

Effective 2013-11-29 · Applies to both

Newfoundland and Labrador Hydro has the exclusive right to supply, distribute and sell electrical power or energy to a retailer or an industrial customer in respect of the business or operations of that retailer or industrial customer on the island portion of the province. A retailer or an industrial customer must purchase electrical power or energy exclusively from Newfoundland and Labrador Hydro in respect of its business or operations on the island portion of the province.

An industrial customer is any person purchasing power, other than a retailer, supplied from the bulk transmission grid at voltages of 66 KV or greater on the primary side of any transformation equipment directly supplying the person.

A retailer or an industrial customer may not develop, own, operate, manage or control a facility for the generation and supply of electrical power or energy, either for its own use or for supply directly or indirectly to or for the public or an entity, on the island portion of the province. The exclusive-supply and generation rules do not apply to generation facilities whose output is used by the retailer or industrial customer exclusively in emergency circumstances.

The prohibition on generation does not apply to generation facilities that existed on December 31, 2011, including the refurbishment of those facilities. A contract or arrangement that is contrary to the section is unenforceable. The Lieutenant-Governor in Council may by order exempt a retailer or an industrial customer from the section or a subsection of it.

Chapter 47 of the Statutes of Newfoundland and Labrador, 2012, the Electrical Power Control (Amendment) Act, 1994, Energy Corporation (Amendment) Act and Hydro Corporation (Amendment) Act, 2007, was proclaimed in force on November 29, 2013.

Source: Full text of law

S.N.L. 2024, c. H-18, ss. 14 (1) (b), 33

Effective 2025-01-01 · Applies to both

The objects of the Hydro Corporation include supplying power, at rates consistent with sound financial administration, for domestic, commercial, industrial or other uses in the province.

On request from the corporation and within the reasonable time that it requires, a person to whom power is supplied by the corporation must provide a forecast of the person's future power requirements covering a period, as determined by the corporation, not in excess of 20 years, and a forecast of the power to be generated by the person, together with other information relating to power requirements and generation that the corporation may reasonably request. The Act was assented to on December 4, 2024. The Act came into force on January 1, 2025.

Source: Full text of law

R.S.N.L. 1990, c. P-47, ss. 41, 54, 73

Effective 1990-02-16 · Applies to both

A public utility must supply electrical energy to premises situated within 100 metres of a transmission line, main supply-wire or cable suitable for that purpose, on being required by the owner or occupier of the premises to do so. The public utility may require the owner or occupier to give reasonable security for the repayment of the costs of making the connection when those costs exceed $50, and for the payment of the proper tolls for electrical energy.

All tolls, rates and charges must, under substantially similar circumstances and conditions in respect of service of the same description, be charged equally to all persons and at the same rate. A public utility may not proceed with the construction, purchase or lease of improvements or additions to its property without the prior approval of the board where the cost exceeds the amount prescribed in the regulations. The Public Utilities Act, 1989 was proclaimed in force on February 16, 1990.

Source: Full text of law

S.N.L. 2002, c. W-4.01, ss. 12, 14, 36, 48, 58, 90-91

Applies to both

A person must apply for, and the minister may after considering the potential adverse effects issue, a licence to divert or use water for a municipal, agricultural, institutional, commercial or industrial purpose, and for water and thermal power generation and other purposes that the minister considers necessary. A person may not remove water from the province, except in the cases listed, which include water contained in containers of not more than 30 litres in volume.

A person may not, without obtaining a permit required under the Act or the regulations, carry out an undertaking for which a permit is required. Before the construction of sewage works or the extension of or a change in existing sewage works, a person must submit to the minister the plans, specifications and an engineer's report and the location of the discharge of the effluent, and the sewage works may not be undertaken until the person has been granted a permit.

Where a well is intended to supply water for non-domestic purposes, the well owner must apply to the minister for a well construction permit. A person who contravenes the Act, an order made under it or a condition or term of a licence or permit is guilty of an offence. A corporation or municipal authority guilty of an offence under the Act is liable on summary conviction, for a first conviction, to a fine of not less than $1,000 and not more than $1,000,000.

Source: Full text of law

S.N.L. 2002, c. E-14.2, ss. 78, 114 (1), 115 (1); N.L.R. 11/22, ss. 2 (k), 3, 6, 17

Applies to both

A person may not commence or continue an activity that requires an approval under the Act unless the person holds the appropriate approval. An activity that requires an approval must be listed in the regulations, and the minister may require an approval for an activity that is not listed before that activity may proceed.

An emission source is any combustion process equipment, installation, machinery, appliance, equipment or tanks from which air contaminants may be discharged, released or propagated. The concentration of air contaminants due to all sources may not exceed the air quality standards prescribed in Schedule A of the Air Pollution Control Regulations, 2022.

An owner or operator who installs a new or modified emission source must employ the best available control technology, unless the minister approves otherwise in writing. All new and modified fossil fuel fired boilers and heaters with a nameplate capacity equal to or greater than 10.5 GJ/hr may not exceed the emission standards prescribed in Schedule E. A person who contravenes a term or condition of an approval, or contravenes the Act or the regulations, is guilty of an offence.

A corporation found guilty of that offence is liable on summary conviction, on a first conviction, to a fine of not less than $1,000 and not more than $1,000,000.

Source: Full text of law