Vol. 149, No. 14 — July 15, 2015
SOR/2015-177 June 29, 2015
Aquaculture Activities Regulations
Whereas the Governor in Council has made the Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act (see footnote a) under subsection 36(5.1) (see footnote b) of the Fisheries Act (see footnote c);
And whereas the conditions established in those Regulations for the exercise of the regulation-making power of the Minister of Fisheries and Oceans under subsection 36(5.2) (see footnote d) of that Act have been met;
Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 35(3) (see footnote e) and 36(5.2) (see footnote f) of the Fisheries Act (see footnote g), makes the annexed Aquaculture Activities Regulations.
Ottawa, June 26, 2015
Minister of Fisheries and Oceans
AQUACULTURE ACTIVITIES REGULATIONS
1. The following definitions apply in these Regulations.
« Loi »
“Act” means the Fisheries Act.
« aquaculture »
“aquaculture” means the cultivation of fish.
« permis d’aquaculture »
“aquaculture licence” means any of the following:
- (a) a lease or licence issued or granted by the Minister under section 7 or 58 of the Act, or its regulations, for the purpose of aquaculture;
- (b) a lease granted by the government of a province under subsection 59(1) of the Act for the cultivation of oysters;
- (c) a provincial licence or authorization for the operation of an aquaculture facility.
« substrat stérile »
“barren substrate” means benthic substrate on which there are no visible organisms.
“biochemical oxygen demanding matter”
« matière exerçant une demande biochimique en oxygène »
“biochemical oxygen demanding matter” means any organic matter that contributes to the consumption of oxygen that is dissolved in water or sediment.
« Norme »
“Monitoring Standard” means the Aquaculture Monitoring Standard, as amended from time to time, that is produced by the Minister and maintained on the Department of Fisheries and Oceans website.
« fond meuble »
“soft bottom” means a benthic substrate that consists of loose particles such as clay, mud, marl, sand, pebbles, gravel, shells or small stones.
2. For the purpose of paragraph 36(4)(c) of the Act, the following classes of substances deposited in the operation of an aquaculture facility are specified to be deleterious substances:
- (a) drugs whose sale is permitted or otherwise authorized, or whose importation is not prohibited, under the Food and Drugs Act;
- (b) pest control products that are registered, or whose use is authorized, under the Pest Control Products Act; and
- (c) biochemical oxygen demanding matter.
Conditions applicable to deposits
3. An owner or operator of an aquaculture facility may, subject to the conditions set out in sections 4 to 14, deposit a deleterious substance specified in section 2 in any water or place referred to in subsection 36(3) of the Act.
4. The deleterious substance must be deposited in the operation of the aquaculture facility and the facility must be operated under an aquaculture licence.
5. In the case of a deposit of a drug,
- (a) if by or under an Act of Parliament the drug may only be sold under a prescription, it must be prescribed by a person who is duly authorized to practise veterinary medicine
- (i) under the laws of the province in which the aquaculture facility is located, or
- (ii) under the laws of any province, if the aquaculture facility is not located in a province;
- (b) the owner or operator of the facility must take measures to minimize the risk of an accidental deposit of the drug; and
- (c) if the drug is deposited to control a pest as defined in the Pest Control Products Act, the owner or operator must consider, before depositing the drug, whether there are alternatives to the deposit of that drug and make a record of that consideration.
Pest control products
6. In the case of a deposit of a pest control product,
- (a) if the pest control product is registered, the owner or operator of the aquaculture facility must use it in compliance with any conditions specified under the Pest Control Products Act, including any conditions relating to the place where it may be used and the quantity and concentration that may be used;
- (b) if the pest control product is not registered, it must be authorized to be used by the owner or the operator under subsection 21(5) or 41(1) of the Pest Control Products Act or have been exempted from registration by a regulation made under paragraph 67(1)(z.4) of that Act;
- (c) the owner or the operator must consider, before depositing the pest control product, whether there are alternatives to the deposit of that pest control product and make a record of that consideration; and
- (d) the owner or the operator must notify the Minister, at least 72 hours before the deposit, of the product name of the pest control product and the time, date and geographic coordinates of the deposit.
Measures to reduce detriment
7. (1) The owner or the operator of the aquaculture facility must, in depositing a deleterious substance referred to in paragraph 2(a) or (b), take reasonable measures to minimize detriment to fish and fish habitat outside the facility, having regard to
- (a) the cost and effectiveness of the available measures;
- (b) the degree and nature of the detriment that may result from the deposit; and
- (c) the physical characteristics of the facility and the type of aquaculture that is engaged in.
Feces and unconsumed feed
(2) In the case of an aquaculture facility that cultivates finfish and that is operated under an aquaculture licence that permits a standing biomass of more than 2.5 t or an annual production of more than 5 t, the owner or operator of the facility must take reasonable measures to minimize the deposit of fish feces and unconsumed feed, having regard to the factors set out in paragraphs (1)(a) to (c).
Information required before depositing
8. (1) In the case of an aquaculture facility located in tidal waters for the cultivation of finfish that commences operations after the day on which these Regulations come into force, the owner or operator of the facility must submit the following information to the Minister at least 300 days before making a first deposit of a deleterious substance in the operation of the facility:
- (a) the predicted contours of the footprint of the biochemical oxygen demanding matter that will be deposited by the facility, calculated in accordance with the Monitoring Standard;
- (b) a survey conducted in accordance with the Monitoring Standard that identifies the fish and fish habitat on the seabed that is leased for the operations of the facility and in the water column above the seabed;
- (c) the bathymetry of the seabed that is leased for the operations of the facility, measured in accordance with the Monitoring Standard; and
- (d) in the case of a facility located over a soft bottom, the additional information that is specified in the Monitoring Standard concerning the seabed that is leased for the operations of the facility.
(2) Despite subsection (1), if an aquaculture facility commences operations during the 300 days after the day on which these Regulations come into force, the owner or operator of the facility must provide the information referred to in paragraphs (1)(a) to (d) within 30 days after the day on which the operations were commenced.
(3) The studies undertaken to obtain the information referred to in paragraphs (1)(a) to (d) must be conducted in accordance with the Monitoring Standard.
(4) Subsections (1) and (2) do not apply to an acquaculture facility whose aquaculture licence, if issued or granted, permits a maximum standing biomass of 2.5 t or less or a maximum annual production of 5 t or less.
Applications affecting contours of footprint
9. (1) If the owner or operator of an aquaculture facility located in tidal waters that cultivates finfish makes an application under federal or provincial law that, if approved, would authorize any activity that is likely to increase the predicted contours of the footprint of the biochemical oxygen demanding matter deposited by the facility, the owner or the operator must conduct the studies necessary to obtain the information referred to in paragraphs 8(1)(a) to (d) and submit the information to the Minister within 30 days after the day on which the application was made.
(2) Subsection (1) does not apply to an acquaculture facility whose aquaculture licence, if amended, permits a maximum standing biomass of 2.5 t or less or a maximum annual production of 5 t or less.
Substrate sampling and restocking
10. (1) In the case of an aquaculture facility that is located over a soft bottom and cultivates finfish in tidal waters in or adjacent to Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island or Newfoundland and Labrador, the owner or operator of the facility
- (a) must take samples of the benthic substrate in the manner and at the times and locations specified in the Monitoring Standard and determine the concentration of free sulfide in the samples in accordance with that Standard;
- (b) must take additional samples of the benthic substrate, in the manner and at the times and locations specified in the Monitoring Standard, if
- (i) in the case of a facility located in tidal waters in or adjacent to Quebec, Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador, the mean concentration of free sulfide as calculated at the locations specified in the Monitoring Standard exceeds 3000 µM, and
- (ii) in the case of a facility located in tidal waters in or adjacent to British Columbia, the mean concentration of free sulfide as calculated at 30 m and 125 m from the structure that contains the cultivated fish exceeds 1300 µM and 700 µM, respectively; and
- (c) must not restock the facility if the concentrations of free sulfide exceed the applicable concentration limits set out in paragraph (b).
Visual monitoring instead of sampling
(2) The owner or operator of an acquaculture facility must conduct visual monitoring in accordance with section 11 instead of the sampling described in subsection (1) if the owner or the operator cannot obtain, from each of the locations specified in the Monitoring Standard, benthic substrate samples that
- (a) contain substrate to a depth of at least 5 cm; and
- (b) have a volume of at least 15 ml and undisturbed sediment-water interface.
Visual monitoring of substrate
11. (1) This section applies to aquaculture facilities that cultivate finfish in the waters referred to in subsection 10(1) but
- (a) are not located over a soft bottom; or
- (b) are located over a soft bottom in respect of which subsection 10(2) applies.
Monitoring and restocking
(2) The owner or operator of a facility referred to in subsection (1)
- (a) must conduct visual monitoring of the benthic substrate in the manner and at the times and locations specified in the Monitoring Standard;
- (b) must not, if the facility is located in tidal waters in or adjacent to Quebec, Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador, restock the facility if the visual monitoring shows the presence of Beggiatoa species or similar bacteria, marine worms or barren substrate in more than 70% of the locations specified in the Monitoring Standard; and
- (c) must not, if the facility is located in tidal waters in or adjacent to British Columbia, restock the facility if visual monitoring shows that Beggiatoa species or similar bacteria or marine worms cover
- (i) 10% or more of any four segments of substrate specified in the Monitoring Standard that are within 100 m to 124 m from the fish containment structure, or
- (ii) 10% or more of
- (A) the two contiguous segments of substrate specified in the Monitoring Standard that are within 116 m to 124 m from the fish containment structure, and
- (B) the two or more contiguous segments of substrate specified in the Monitoring Standard that are within 124 m to 140 m from the fish containment structure.
Notification of Minister
12. (1) The owner or operator of an aquaculture facility that cultivates finfish that is located in tidal waters in or adjacent to Quebec, Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador must notify the Minister if the following occurs:
- (a) the concentration limits set out in subparagraph 10(1)(b)(i) are exceeded; or
- (b) Beggiatoa species or similar bacteria, marine worms or barren substrate are present to the extent referred to in paragraph 11(2)(b).
Notification — British Columbia facilities
(2) The owner or operator of an aquaculture facility that cultivates finfish that is located in tidal waters in or adjacent to British Columbia must notify the Minister if the following occurs:
- (a) the concentration limits set out in subparagraph 10(1)(b)(ii) are exceeded; or
- (b) Beggiatoa species or similar bacteria or marine worms are present to the extent referred to in paragraph 11(2)(c).
Time for notification
(3) The owner or operator of an acquaculture facility that cultivates finfish that is located in tidal waters must notify the Minister within 14 days after the day on which the samples of the substrate were taken or the visual monitoring conducted, as the case may be.
Fish morbidity or mortality
13. (1) If fish morbidity or mortality outside the aquaculture facility is observed from any part of the facility within 96 hours after the deposit of any drug or pest control product referred to in paragraph 2(a) or (b), the owner or operator of the facility must immediately notify a fishery officer of
- (a) the name of the facility and its operator;
- (b) the geographic coordinates of the fish observed;
- (c) the estimated number and, if known, species of the fish observed; and
- (d) the product name of the drug or pest control product deposited and the date of the deposit.
(2) If the owner or operator of an acquaculture facility is directed by the Minister to undertake measures under subsection 36(6) of the Act, and the Minister advises the owner or the operator that the direction is related to a notification made by them under subsection (1), the owner or the operator must cease depositing the drug or pest control product referred to in subsection (1) until they have complied with the Minister’s directions.
14. The owner or operator of an acquaculture facility must submit an annual report to the Minister, and retain a copy of it, in accordance with section 16.
SECTION 35 OF THE ACT
Prescribed works, undertakings, activities and conditions
15. (1) For the purposes of paragraph 35(2)(a) of the Act,
- (a) the following works, undertakings and activities are prescribed:
- (i) the installation, operation, maintenance or removal of an aquaculture facility, and
- (ii) measures to control biofouling or the presence of fish pathogens or pests in the aquaculture facility; and
- (b) the following conditions are prescribed for the carrying on of those works, undertakings and activities:
- (i) the aquaculture facility is operated under an aquaculture licence,
- (ii) the owner or operator of the facility takes reasonable measures to mitigate the risk of serious harm to fish outside the facility that are part of a commercial, recreational or Aboriginal fishery, having regard to
- (A) the effectiveness of the available measures,
- (B) the degree of serious harm that may result from the carrying on of the works, undertakings and activities, and
- (C) the physical characteristics of the facility and the type of aquaculture that is engaged in at the facility, and
- (iii) the owner or operator submits an annual report to the Minister in accordance with section 16.
Exception — deleterious substances
(2) The deposit of deleterious substances is not prescribed for the purpose of paragraph (1)(a).
Exception — Pacific Aquaculture Regulations
(3) Subsection (1) does not apply to any work, undertaking or activity carried on in any waters or place referred to in section 2 of the Pacific Aquaculture Regulations.
16. (1) An annual report must be submitted in a form acceptable to the Minister and contain the following information in respect of the operation of the aquaculture facility during the calendar year:
- (a) for each deposit of a drug or pest control product during the year,
- (i) the product name of the drug or pest control product or the common chemical names of its active ingredients,
- (ii) the purpose of the deposit,
- (iii) the date, quantity and geographic coordinates of the deposit, and
- (iv) the record of consideration of alternatives referred to in paragraph 5(c) or 6(c);
- (b) a description of any measures taken under paragraph 5=-0 96’456@1’(“’-0 b), section 7 and subparagraph 15(1)(b)(ii);
- (c) in the case of a facility referred to in section 10,
- (i) the concentrations of free sulfide referred to in subsection 10(1), or
- (ii) if visual monitoring is required under subsection 10(2), the visual monitoring data collected; and
- (d) if a fishery officer was notified of fish morbidity or mortality in accordance with subsection 13(1), the information provided to the officer.
Due date of report
(2) An annual report must be submitted to the Minister on or before April 1 of the year following the year that is the subject of the report.
Copy of report to be retained
(3) An owner or operator of an aquaculture facility must retain a copy of the annual report in the facility for a period of two years after the day on which it is submitted to the Minister.
Information prior to coming into force
(4) For greater certainty, an owner or operator of an aquaculture facility is not required to include information in an annual report in respect of any period before the day on which these Regulations come into force.
CANADIAN FOOD INSPECTION AGENCY
Paragraph 35(2)(a) of Act
17. (1) For the purposes of paragraph 35(2)(a) of the Act, the disposal of fish by the President of the Canadian Food Inspection Agency for the purposes of fish pathogen or pest control and the Health of Animals Act is prescribed.
Deposit of deleterious substance
(2) The President of the Canadian Food Inspection Agency may, for the purposes of fish pathogen or pest control and the Health of Animals Act, deposit a deleterious substance referred to in paragraph 2(a) or (b) in any water or place referred to in subsection 36(3) of the Act.
COMING INTO FORCE
18. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Global aquaculture production is growing rapidly. Since 1996, aquaculture production in Canada has more than doubled, and its value has tripled to nearly $1 billion a year. Aquaculture is increasingly important to Canada’s economy. It is estimated that over 90% of all aquaculture-related jobs are located in rural Canada, concentrated in coastal areas. Aquaculture occurs in almost every province, and the scope of aquaculture operations varies across the country, depending upon the species being farmed, the environment (marine, freshwater), and the culture technologies used. In 2012, salmon represented the greatest production volume of farmed fish in Canada at 62%, followed by mussels (16%), oysters (6%), and trout (4%).
The control of disease, pests, and biofouling, and the feeding of animals are critical animal husbandry activities in aquaculture, as they are in other food production sectors. In the aquaculture sector, these activities involve the deposit of substances, such as treatment products (drugs and pest control products) or organic matter (fish feces and feed, biofouling organisms, etc.), into waters.
The regulation of the aquaculture industry in Canada is shared between the federal and provincial/territorial governments. The federal government, through various statutes, regulates certain aspects of aquaculture-based activities. For example, the Fisheries Act includes authorities related to fisheries protection and pollution prevention. The Health of Animals Act provides for the control of fish disease and related matters. The Pest Control Products Act provides for the regulation of pest control products. The new substances provisions of the Canadian Environmental Protection Act, 1999 address environmental risks related to drugs. The Canada Shipping Act, 2001 includes provisions with respect to pollution from vessels and floating platforms.
Generally, provincial authorities license aquaculture operations (i.e. all activities related to the growing of finfish and shellfish), and authorize the allocation of space to carry out aquaculture operations (in British Columbia and Prince Edward Island, Fisheries and Oceans Canada has that role). Many jurisdictions also regulate for potential environmental impacts, animal welfare, fish health, and/or pest control product sale and use. Across Canada, provinces are responsible for the regulation of veterinary practices.
Overall, the environmental impacts of the aquaculture sector are well managed through the suite of federal and provincial regulations addressing aquaculture husbandry activities and the use of products to control diseases and pests. However, given the large number of regulators and the breadth of the regulatory requirements, the current regime can be cumbersome for aquaculture operators and confusing for Canadians who seek assurances that environmentally sustainable practices are required by law.
A consequence of this complex regime is that regulatory gaps exist and, despite multiple legal requirements established by multiple regulators, a risk of negative environmental impacts, however negligible, remains. Conversely, different jurisdictions require overlapping environmental protection measures, resulting in businesses paying to put in place different protective measures for different regulators to address the same (or largely the same) risk. Another consequence is that aquaculture operations can be subject to different requirements or standards of performance in different areas of the country. Different operating conditions create inequity between areas and subject businesses to economic disadvantages based on location. This is of particular concern with respect to small business and new entrants to the sector.
The existing regime can make it more difficult for the aquaculture industry and other federal agencies to use the tools needed to meet regulatory requirements and to support good husbandry practices. For example, events related to fish health issues can adversely affect the aquaculture business and the surrounding environment. Both aquaculture operators and regulators need certainty in the requirements associated with the deposit of fish health treatment products.
The Aquaculture Activities Regulations (the Regulations or the AAR) increase the coherence of federal and provincial/territorial regulation of aquaculture activities related to the control of disease, pests, and biofouling, and the feeding and cultivation of fish. The Regulations authorize licensed aquaculture facilities to carry out husbandry activities and also contain requirements that support the pollution prevention provisions of the Fisheries Act. These requirements are intended to minimize harm to fish and fish habitat while permitting essential aquaculture activities. This allows aquaculture operators to carry out important husbandry activities with greater certainty that activities are being carried out properly, while also ensuring that fish and shellfish populations are suitably protected.
In addition, the Regulations enable the federal government to monitor aquaculture activities nationwide, contribute to ongoing efforts to support fisheries protection and pollution prevention, and increase public transparency in regulatory practices and outcomes through public reports on the combined regulatory measures.
Fisheries and Oceans Canada (DFO) has worked with its provincial/territorial and other federal regulatory partners to develop the Regulations to authorize aquaculture-related husbandry activities under section 36 (deposit of deleterious substances) and section 35 (fisheries protection) of the Fisheries Act. In addition, the Regulations also authorize the Canadian Food Inspection Agency to conduct activities related to sections 35 and 36 of the Fisheries Act for the purpose of aquatic animal health under the Health of Animals Act. The Regulations are ministerial regulations pursuant to subsections 35(3) and 36(5.2) of the Fisheries Act.
Before exercising any power under subsection 35(3) of the Fisheries Act, the Minister needs to take into consideration the factors prescribed in section 6 of the Fisheries Act. The Department has conducted an analysis to demonstrate how factors such as the contribution of the relevant fish to the ongoing productivity of commercial, recreational or Aboriginal fisheries; fisheries management objectives; whether there are measures or standards to avoid, mitigate or offset serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or that support such a fishery; and the public interest were contemplated.
The Regulations prescribe the classes of substances authorized to be deposited, and specify works, undertakings or activities authorized to be undertaken. These provisions enable
- the control of pathogens, pests and biofouling;
- the deposit of biochemical oxygen demanding (BOD) matter; and
- the installation, operation, maintenance, and decommissioning of an aquaculture facility.
According to the Food and Drugs Act, a drug includes any substance or mixture of substances manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state, or the symptoms thereof in man or animal. It includes products used for restoring, correcting or modifying organic functions in man or animal, or for disinfection in premises in which food is manufactured, prepared or kept. According to the Pest Control Products Act, a pest control product is any product, device, organism or substance that is manufactured, represented, sold or used as a means for directly or indirectly controlling, preventing, destroying, mitigating, attracting or repelling a pest.
Health Canada’s Healthy Environments and Consumer Safety Branch conducts pre-manufacture and pre-import assessments of the potential environmental risk of drugs under the New Substances Notification Regulations of the Canadian Environmental Protection Act, 1999. Health Canada’s Pest Management Regulatory Agency conducts environmental and human health risk assessments in regulating pest control products in accordance with the Pest Control Products Act and its regulations. The Regulations complement the regulation of drugs and pest control products by regulating their deposit into waters for aquaculture purposes.
Biochemical oxygen demanding matter is organic matter that contributes to the consumption of oxygen dissolved in water or sediment. The deposit of biochemical oxygen demanding matter as a result of feeding and biofouling control (e.g. pressure washing) activities has the potential to impact fish and fish habitat. This is due mainly to changes in oxic state within sediments. Species composition varies with changes in the amount of oxygen available in the sediment (i.e. the oxic state) and species’ physiological need for oxygen to carry out basic life functions. Generally, the higher the oxygen content of the sediment the greater the biodiversity. The accumulation of organic matter on sediments can reduce the amount of oxygen available. The effect of the accumulation of organic matter will vary with the substrate type and species present. The potential intensity, extent and location of effects vary with hydrological and oceanographic factors (e.g. water depth, water currents, wave action).
Performance standards, such as sulfide concentrations, are commonly used to determine the impact of biochemical oxygen demanding matter deposits. The Regulations complement the existing controls on the deposit of biochemical oxygen demanding matter and create national coherence in the monitoring approach and remedial actions taken.
Under the Regulations, the authorization of the specified activities is subject to conditions, namely the following:
- The aquaculture facility is operated under an aquaculture licence. This includes a licence issued under the Pacific Aquaculture Regulations and, in Prince Edward Island, a licence or a lease issued or granted by the Minister under section 7 or 58 of the Fisheries Act for the purpose of aquaculture. In any other province, a licence is a provincial licence or authorization for the operation of an aquaculture facility;
- The deposit of products to control fish pathogens, pests and biofouling occurs in the operation of an aquaculture facility;
- In depositing these products, the owner or operator takes reasonable measures to minimize detriment to fish and fish habitat;
- Specific requirements include the following:
- any drug deposited must be prescribed by a veterinarian licensed in the province in which the drug is deposited;
- any registered pest control product must be used in compliance with any conditions specified under the Pest Control Products Act;
- where a treatment product is deposited to control pests, the owner or operator must first consider alternatives and make a record of those considerations;
- an unregistered pest control product can only be used if so authorized under subsection 21(5) or 41(1) of the Pest Control Products Act, or if it is exempted under paragraph 67(1)(z.4) of the Pest Control Products Act;
- the owner or operator must notify the Minister, at least 72 hours before the deposit of the pest control product, of the product name, and the time, day, and geographic coordinates of its deposit;
- the owner or operator must take measures to minimize the risk of accidental deposit of drugs or pest control products;
- in the case of an aquaculture facility that cultivates finfish and is operated under an aquaculture licence that permits a standing biomass of more than 2.5 t or an annual production of more than 5 t, the owner or operator must take measures to minimize the deposit of fish feces and unconsumed feed;
- the owner or operator of any new aquaculture facility is required to submit baseline environmental information 300 days prior to making a first deposit of a deleterious substance; within 30 days after the commencement of operations if a new facility commences operations during the first 300 days after the Regulations come into force; or within 30 days after an application under provincial or federal law is made to authorize any activities that are likely to increase the predicted contours of the footprint of the BOD matter deposited by the facility;
- for marine finfish facilities located over soft ocean bottom, monitoring of the oxic state of the sediments in the vicinity of the facility is required, and the owner or operator must take measures such that the concentration of free sulfide in the sediments is within the applicable concentration limits prior to restocking fish in the cages;
- in some instances, visual monitoring can be conducted in place of sampling if conditions, which are outlined in the Regulations, are met;
- in the course of conducting of substrate sampling or visual monitoring, if the owner or operator of an aquaculture facility finds that concentration limits, as set out in the Regulations, are exceeded, then a notice must be given to the Minister within 14 days after the sampling or monitoring was conducted;
- if fish morbidity or mortality is observed outside the aquaculture facility within 96 hours of the deposit of a drug or pest control product, the owner or operator must notify a fishery officer and cease the deposit of that substance until they have complied with the directions of the Minister; and
- following an observation of fish morbidity or mortality, the owner or operator is required to immediately notify a fishery officer of the location, estimated number and species, product name of the drug or pest control product, and date of the deposit.
- The owner or operator must submit an annual report to the Minister (and is required to keep a copy of the report), in a form acceptable to the Minister, which contains the following information:
- the product name of the drug or pest control product, the purpose of the deposit, the date, quantity, and geographic coordinates of the deposit, and a record of consideration of alternatives to treatment;
- a description of any measures taken to mitigate detriment to fish and fish habitat;
- the results of monitoring the sediments on marine finfish facilities located over soft ocean bottom;
- if visual monitoring is required, the data that was collected in the course of conducting such monitoring; and
- information related to any observation of fish morbidity or mortality associated with a deposit, including the time, location, geographic coordinates, and species involved.
The reporting requirements enumerated in the Regulations enable the assessment of compliance with the Regulations, inform environmental risk assessments, and aid in the prioritization of efforts in aquaculture management. The reporting requirements also support public reporting on the Regulations, environmental outcomes, and the state of aquaculture activities in Canada. Information collected by Fisheries and Oceans Canada through the reporting requirements is to be shared with other federal agencies to enable risk management and the development of appropriate risk management measures, where appropriate.
Fisheries and Oceans Canada has identified parties who may be impacted by the Regulations, including the aquaculture industry, provincial and territorial governments, First Nations and Aboriginal communities, the fishing industry, and environmental non-governmental organizations.
Since the initial development of the regulatory proposal in 2009, Fisheries and Oceans Canada has consulted with external parties to exchange information and solicit feedback. At the outset of this regulatory project, the proposed name for the Regulations was the “Fish Pathogens and Pest Treatment Regulations.”
In August 2010, a discussion document was posted on the Fisheries and Oceans Canada Web site, and an online consultation process took place for a period of 15 days.
On November 5, 2011, Fisheries and Oceans Canada published, in Part I of the Canada Gazette (Vol. 145, No. 45), the Notice of intent with respect to regulations for fish pathogens and pest treatment.
After receiving feedback in response to the notice, further consultations were held in February 2012. At that time, the scope of the regulatory project was expanded to include the deposit of biochemical oxygen demanding matter from aquaculture sites, and the title of the project was changed to the “Release of Aquaculture Substances Regulations.”
In February and March 2012, Fisheries and Oceans Canada consulted with the aquaculture industry and commercial fishing interests in Atlantic Canada and pursued consultations through several stakeholder meetings across Canada.
Stakeholder comments expressed through these past processes were taken into account in the design of the Regulations, as proposed and prepublished in the Canada Gazette, Part I, on August 23, 2014 (Vol. 148, No. 34).
Concurrent with the prepublication of the proposed Regulations in the Canada Gazette, Fisheries and Oceans Canada undertook 49 technical information sessions across Canada to provide additional information on the proposed Regulations and other regulatory and non-regulatory initiatives being undertaken by Fisheries and Oceans Canada to support a strong and robust aquaculture industry in Canada. These information sessions were targeted to a broad range of stakeholders familiar with, and interested in, all aspects of the aquaculture industry in Canada.
The 60-day comment period provided through the Canada Gazette prepublication resulted in the following comments received by Fisheries and Oceans Canada:
- Comments received from the aquaculture industry (aquaculturists and industry associations) totalled 27, while 4 comments were received from provincial government departments responsible for environment or fisheries and/or aquaculture within their respective jurisdictions, and 1 comment was received from a fish and wildlife management board established under a land claim agreement. While generally favourable and supportive of the proposed Regulations, some commentators indicated concerns related to terminology (e.g. definition of drugs and deposits, unusual fish morbidity or mortality), a perceived increased administrative burden on the industry as a result of the regulatory requirements on aquaculture operators when depositing drugs or pest control products, and questions of a general nature with respect to the requirements or elements of the associated “Monitoring Standard” and “Reporting Template.” The comments received from the aquaculture industry and the provinces resulted in two key changes: improvements to communications materials and this Regulatory Impact Analysis Statement to better explain certain elements of the Regulations, and a revision to the terminology and requirements with respect to instances of observed fish morbidity or mortality within 96 hours after the deposit of drugs or pest control products, where the onus on the aquaculturist to determine whether instances of fish mortality to wild fish were unusual was removed. All morbidity or mortality events now must be reported to the Department. This change also addresses the concerns of other stakeholders who perceived the determination of unusual fish morbidity or mortality by the aquaculturist as being industry “self-regulation.” With respect to increased administrative burden on industry, Fisheries and Oceans Canada acknowledges that the Regulations will impose low incremental cost and administrative burden on the aquaculture industry while also providing a clear regulatory framework for the deposit of deleterious substances within the normal course of aquaculture operations. Nonetheless, elements of the Regulations, such as the reporting requirements, have been assessed to reduce overlap with other reporting requirements under other legislation, while remaining sufficiently robust to ensure an appropriate level of information necessary for the transparent reporting on activities undertaken pursuant to these Regulations. With that said, there were some provincial concerns regarding possible duplication of the collection and reporting of some data already required by existing provincial regimes. While BOD matter reporting may duplicate some provincial reporting requirements, it is necessary in order to ensure effective implementation of the Regulations and provide legal certainty to the industry at a national scale. BOD matter reporting under the AAR cannot, therefore, be avoided. The Department has responded to the complexities of dual jurisdiction and reduced the burden of this duplication (i.e. work load and costs to regulatees) in two concrete ways: (1) by considering current provincial regimes and codifying existing practices required by provincial regulations; and (2) by allowing the regulatee to simply copy the Department on its BOD matter reports when they are submitted to the province, without having to prepare duplicate reports. Regulations can impose conditions and reporting activities only to the regulatee, therefore, the alternative of having each province send DFO a copy of all BOD matter reports submitted by industry is not legally feasible. The burden of duplicate reporting in this area is necessary, and will have negligible or nil impact on regulatees.
- An online petition initiated by an environmental non-governmental organization generated 1 119 comments through the prepublication period. The petition outlines the need to safeguard aquatic ecosystems through the effective regulation of the deposit of deleterious substances within aquaculture facilities, with a preference for site- and species-specific considerations (including a consideration of cumulative effects), monitoring of deposits, and public engagement on the authorization of deposits of deleterious substances within aquaculture facilities. No changes were made to the Regulations as a result of the petition. This is because the Regulations provide an effective regulatory regime for the authorized deposit of deleterious substances within aquaculture facilities. Further, the legislative authority to authorize deposits through regulations is provided under the Fisheries Act. Fisheries and Oceans Canada had previously considered the option of a regime based on the issuance of ministerial permits; however, this approach was rejected, as it would have significantly increased the administrative burden on aquaculture operators without adding value in terms of additional protection of fish and fish habitat, above and beyond what is already provided under the Fisheries Act. Moreover, monitoring of authorized deposits of deleterious substances is already a key feature of the Regulations, and Canadians are afforded an opportunity to comment on the determination of substances authorized for deposit, whether they are pest control products or drugs, through other regulatory processes. Further, the comments of Canadians have been taken into account throughout the lifecycle of the development of these Regulations.
- Eight comments were received from associations representing the interests of various commercial fisheries sectors, 29 comments were received from environmental or community-based non-governmental organizations, 1 comment was received from a fish processing and marketing company, 1 comment was received from a veterinary association, and 32 comments were received from individuals. Generally, these comments focused on the continued concern of the use of drugs and pest control products in aquaculture facilities and the potential resultant negative effects on wild aquatic species and/or their habitat. Fisheries and Oceans Canada is confident that the overall regulatory scheme for aquaculture operations (e.g. siting of aquaculture facilities) and associated activities (e.g. registration of pest control products) provides a sound regulatory framework to manage environmental risks in this industry. Regulating the deposit of deleterious substances through these Regulations provides yet an additional means to mitigate environmental risks within the course of aquaculture operations. Nonetheless, Fisheries and Oceans Canada has revised the Regulations to include a requirement on aquaculture operators to notify the Minister within 72 hours of a treatment using a pest control product. This measure provides Fisheries and Oceans Canada with additional information to oversee the safe and lawful use of pest control products within aquaculture facilities.
- A total of seven comments were received from First Nations and First Nations associations. Overall, commentators raised concerns similar to those of other commentators expressed above. Unique to these seven comments, however, was the interest in ensuring that Fisheries and Oceans Canada consulted with First Nations in the development of the Regulations. In the spirit of the Government of Canada’s Aboriginal Consultation and Accommodation — Updated Guidelines for Federal Officials to Fulfill the Duty to Consult — 2011, Fisheries and Oceans Canada held several official meetings with First Nations throughout the lifecycle of the development of the Regulations.
- Based on the outcome of these consultations and comment period, some key amendments were also made to the Regulations to address the issues that were raised by industry, provinces, and other stakeholders. For example, the AAR reporting requirement to submit “baseline information” for new and expanded marine finfish sites prior to depositing deleterious substances was changed to a condition of deposit to strengthen and formalize DFO’s ability to collect data to support section 35 and section 36 siting advice to licensing and leasing authorities — helping to maintain the Minister’s role in these provincial decisions. Also, a new notification requirement to the Minister was included in the Regulations to inform DFO when BOD matter concentration limits are exceeded for compliance and enforcement purposes. Finally, a new requirement for visual monitoring when sulfide monitoring was not possible provided more options for assessing potential impacts of BOD matter deposits and allowed for the continuance of environmental monitoring in Newfoundland and Labrador and British Columbia, where the aquaculture licensing regimes no longer required such monitoring.
Benefits and costs
The Regulations entail an estimated total monetized cost to industry and Government of $548,398 in the first year. The present value (PV) of total costs is estimated to be $3,701,096 over a 10-year period, with the annualized average cost being $529,748.
The benefits of the Regulations have been qualitatively assessed and include modernized regulatory requirements for the aquaculture industry and enhanced public confidence in Canada’s management of the aquaculture sector.
Given the significant scope of these qualitative benefits, it is believed that they would outweigh the costs that would be imposed on the aquaculture industry and Government.
In the absence of the Regulations, there are already a wide range of regulatory and legislative measures in place for managing activities that would be authorized through the Regulations. For example, the management of pest control products is subject to the federal Pest Control Products Act and the management of the deposit of biochemical oxygen demanding matter falls under provincial regulations.
The Regulations require the following incremental measures from aquaculture operations: (1) having in place measures to minimize detriment to fish and fish habitat when depositing deleterious substances (i.e. drugs, pest control products, and biochemical oxygen demanding matter); (2) monitoring biochemical oxygen demanding matter deposits via free sulfide or visual monitoring proxies, in accordance with the Monitoring Standard; (3) having in place measures to mitigate the risk of serious harm to fish outside the facility when installing operating, maintaining, or removing an aquaculture facility; (4) annual reporting; and (5) notifying a fishery officer when mortality or morbidity of fish is observed, and keeping records at the aquaculture facility of such events.
Given existing regulatory requirements and documented practices, the majority of the requirements under the Regulations do not result in incremental costs to aquaculture facilities.
Costs to Government
The mitigation and monitoring requirements included in the Regulations are based on existing federal and provincial legislation and compliance programs. The Department’s compliance and enforcement strategy for the Regulations will therefore focus on ensuring compliance with the reporting requirements of the Regulations.
The only incremental costs to the Department stem from communicating with the aquaculture sector with respect to the requirements of the Regulations, and from ensuring the continued submission, compilation and review of annual reports and biochemical oxygen demanding matter deposit monitoring submissions. The Department is dedicating existing resources to these tasks, including two weeks of a PM-04 classification in each of the six Fisheries and Oceans Canada regions to analyze and compile the data received from the aquaculture industry, and two months of an EC-05 classification from Fisheries and Oceans Canada in the National Capital Region to prepare a publicly available report. The Department is also handling biochemical oxygen demanding matter monitoring information submitted by industry (i.e. approximately one week, BI-03 classification).
In addition, an interdepartmental memorandum of understanding between Fisheries and Oceans Canada, Environment Canada, and Health Canada has been developed to improve coordination and consistency between federal partners, and to increase transparency of regulatory measures and outcomes. The cost of developing and implementing this memorandum of understanding is being absorbed from existing resources in each department. Current personnel at the three departments will be dedicating a small portion of time to meet on a required basis (i.e. approximately three times a year) to discuss and resolve memorandum of understanding related issues. The Department is dedicating an existing 0.25 full time equivalent, EC-05 classification, to coordinate these meetings and to prepare or distribute relevant documents.
The opportunity cost to Government has been estimated to be $57,800 annually, for a total PV of $405,960 (see the cost-benefit statement table). This cost does not require incremental resources, since existing staff will be employed.
Benefits to Government
The Aquaculture Activities Regulations provide better coordination, resulting in an integrated and effective management of risks. By comparison, the management of these activities by a variety of regulators prior to these Regulations presented regulatory gaps and consequential risks.
Costs to industry
There are incremental compliance costs resulting from the requirements to minimize the deposit of deleterious substances and to mitigate the risk of serious harm to fish and fish habitat. These requirements are not meant to set new standards or change aquaculture industry’s behaviour, but rather to document the practices they are already utilizing. Therefore, compliance costs are expected to be very low.
Industry’s annual reporting costs are based on the number of aquaculture facilities (1 927), rather than on the number of aquaculture businesses (472). This is to account for the fact that annual reports are required for each facility, rather than for each business. Industry’s administrative costs were calculated by using the Regulatory Cost Calculator.
All aquaculture facilities across Canada will bear an average annual cost of $240 per facility, which reflects the time spent by employees in keeping records of data and practices related to activities managed under the Regulations, in compiling and verifying this information for the annual report, and in submitting the report to the Department. It must be noted that this cost is based on operations of a certain complexity. Small aquaculture operations will probably require less effort and resources to meet this requirement.
Aquaculture facilities engaged in marine finfish will require reporting of the monitoring activity of the biochemical oxygen demanding matter deposit. This will represent an additional cost of $42 per facility every two years, and will be borne in most part, if not all, by larger firms.
The total annual administrative cost to industry stemming from annual reporting requirements has been estimated at $468,852.
In addition, all aquaculture firms will bear a one-time, upfront cost of learning about the new regulatory requirements, which has been estimated to be $42 per firm, and $19,629 for the entire industry.
The total PV for upfront and annual reporting costs has been estimated to be $3,293,019 (see the cost-benefit statement table). The average annualized cost per business is estimated to be $1,017. These estimates may be construed as the maximum administrative costs industry may bear in implementing the Regulations, since industry may already be reporting to aquaculture regulators on the use of drug and pest control products.
Finally, costs associated with notifying in the instances of observed fish morbidity or mortality is expected to be negligible. Available information indicates that, in relation to the use of authorized pest control products, no such events have occurred at aquaculture operations during the past decade. Assuming that this trend will continue over the period of this analysis, the occurrence of such unusual events is expected to be sporadic at the most, and its associated notification costs would, therefore, be negligible.
Benefits to industry
The Regulations modernize regulatory requirements in the aquaculture sector with respect to the application of the Fisheries Act to their activities (specifically for sections 35 and 36). This provides greater clarity with respect to rules concerning the deposit of deleterious substances. The Regulations facilitate access to the appropriate management tools to address disease or pest outbreaks, which reduce the industry’s economic risk and the potential impact to aquatic ecosystems.
Costs to consumers and Canadians, in general
Given the small magnitude of the reporting costs for industry, it is unlikely that these costs would be passed on to the consumer. It is anticipated that there would be no incremental costs to consumers or Canadians in general as a result of the Regulations.
Benefits to consumers and Canadians, in general
A more integrated and better coordinated risk management regime, together with public reporting of industry level data collected through the Regulations is expected to improve consumers’ confidence in aquaculture products and to enhance the value of Canada’s brand in export markets.
|First Year (2014)||Middle Year (see note a) (2018)||Final Year (see note b) (2023)||Total (PV) (see note c)||Annualized Average (see note d)|
|A. Quantified impacts ($2012)||$548,398||$526,652||$526,652||$3,701,096||$529,748|
|B. Quantified impacts in non-dollars — e.g. from a risk assessment|
|Positive impacts||By stakeholder||n/a||n/a||n/a||n/a||n/a|
|Negative impacts||By stakeholder||n/a||n/a||n/a||n/a||n/a|
|C. Qualitative impacts|
Short list of qualitative impacts (positive and negative) by stakeholder.
- Note (1): The calculations reported in the table above are taken directly from the Regulatory Cost Calculator.
- Note (2): Industry’s annual reporting costs are based on a number of aquaculture facilities (1 927), rather than the number of aquaculture businesses (472). The number of facilities is the more relevant variable in these cost calculations, because the proposed Regulations take effect at the facility level.
- Note a
At this time, Fisheries and Oceans Canada does not have data to forecast changes in the aquaculture industry; therefore, the Department is using a conservative approach showing that costs will remain the same.
- Note b
At this time, Fisheries and Oceans Canada does not have data to forecast changes in the aquaculture industry; therefore, the Department is using a conservative approach showing that costs will remain the same.
- Note c
“Total Present Value (PV)” is calculated over 10 years, using the formula: , where ct is the cost in year t, and rt is the discount rate (7%). The yearly stream of PVs is then summed to get the Total PV.
- Note d
“Annualized Average” is calculated using the following formula (extracted from TB’s Canadian Cost-Benefit Analysis Guide: Regulatory Proposals): AV = [PV * r] / [1 - (1+r)-t].
Element A of the “One-for-One” Rule applies to these Regulations, as it imposes new administrative burden costs on business and Element B of the “One-for-One” Rule applies, as these Regulations are an entirely new regulation that imposes new administrative burden costs on business.
As described in the “Benefits and costs” section, the increase in administrative costs is linked to the reporting and notification requirements introduced under the Regulations. The annualized average (AV) of administrative costs increase is estimated at $409,513 for all businesses. It represents an annualized average of $868 per business, assuming the 1 927 facilities are equally distributed across the 472 businesses (i.e. an average of 1 927/472 = 4.08 facilities per business).
Small business lens
Statistics Canada business classification categories (i.e. small, medium, large) are based on the number of employees and annual gross revenues. Based on these classifications, most aquaculture businesses in Canada, 465 out of 472 businesses, are either micro businesses (i.e. fewer than five employees or under $30,000 in annual gross revenues) or small businesses (i.e. fewer than 100 employees or between $30,000 and $5 million in annual gross revenues).
The Statistics Canada business classification categories correlate with the types of aquaculture operations: finfish facilities are generally owned by large businesses, whereas shellfish and freshwater facilities are mainly owned by micro and small businesses.
Fisheries and Oceans Canada has designed the Regulations to minimize disproportionate incremental costs to small businesses. The small business lens does not apply to this regulatory proposal, as the incremental cost to businesses is lower than $1,000,000 annually and the cost per small business is estimated to be lower than $1,000 annually.
The main cost to industry under the Regulations is the annual reporting requirement, which requires an annual report for each facility. The annual report has nine sections, four of which can apply to micro and small businesses (i.e. shellfish and freshwater aquaculture facilities) depending on the types of activities undertaken in any given year by these facilities. It is therefore assumed that the administrative burden on micro and small businesses to complete the annual report would be half that of a large business (i.e. finfish aquaculture facility).
Using the Regulatory Cost Calculator and assuming that the 1 592 small facilities are equally distributed across the 465 small businesses (i.e. an average of 1 592/465 = 3.42 facilities per small business), the cost for the small business group to complete the annual report is estimated to be $820 per small business (at a rate of $240 per facility).
Taking the above assumptions into consideration, it is estimated that the Regulations would not result in any disproportionate burden to small businesses.
Given that section 36 of the Fisheries Act prohibits the deposit of deleterious substances unless authorized by regulations, no non-regulatory options were considered. However, Fisheries and Oceans Canada identified three regulatory design options that would provide for the protection of fish and fish habitat: (1) the use of permits to authorize and regulate aquaculture activities; (2) the use of maximum limits for deleterious substance deposits included in regulations; and (3) the authorization of prescribed aquaculture activities within regulations when regulatory conditions are met.
After analysis of potential design options, and within the authority of sections 35 and 36 of the Act, Fisheries and Oceans Canada concluded that the most appropriate option would be option 3: to prescribe and authorize aquaculture activities in regulations under subsections 35(3) and 36(5.2) of the Fisheries Act when activities are conducted in conformity with regulatory conditions. This design facilitates compliance by businesses while imposing a lower additional administrative burden compared to the two other options.
The regulatory option was selected based on a number of factors. First, it relies on existing regulatory mechanisms and provides for the protection of fisheries at the lowest costs to all parties. It allows for improved integration of the Fisheries Act, the Canadian Environmental Protection Act, 1999, the Food and Drugs Act, and the Pest Control Products Act, and minimizes duplication with established provincial regulatory regimes. The Regulations also support Fisheries and Oceans Canada’s objectives to support sustainable fisheries and aquaculture through the presence of an effective, efficient, and transparent regulatory regime that builds public confidence in the management of the sector. Furthermore, the Regulations contribute to the long-term financial viability of the aquaculture industry by enabling integrated risk management and fish health management practices.
The Regulations have been designed to provide greater certainty for aquaculturists on regulatory requirements related to sections 35 and 36 of the Fisheries Act. The Regulations allow for
- efficiencies within government and transparency in the management of the aquaculture sector;
- low additional administrative burden on small business; and
- cost-effectiveness, with no anticipated financial cost to Canadian consumers.
Implementation, enforcement and service standards
To improve integration between federal departments and their respective legislative responsibilities, and to increase transparency in the management of the sector, a federal interdepartmental memorandum of understanding involving Fisheries and Oceans Canada, Health Canada, and Environment Canada has been developed. This agreement identifies clear operational roles and responsibilities related to science review and oversight, information sharing, and compliance and enforcement activities. To ensure that the Regulations and associated Aquaculture Monitoring Standard (see footnote 1) evolve as new technologies and new scientific information become available, the commitment includes provisions for an executive committee that may establish special working groups to lead implementation activities. The memorandum also contains a provision to establish a two- to three-year science-based research and advisory process to support implementation of the Regulations and other initiatives under section 36 of the Fisheries Act. The results of this process would be used to inform cost-effective, risk-based post-deposit monitoring and remedial actions, with respect to drugs and pest control products, for future incorporation into the regulatory regime under these Regulations.
The design of the Regulations takes into consideration existing federal and provincial policies and regimes. Federal agencies will continue to lead in compliance and enforcement activities in relation to those aspects already within their legislative purview. For example, Health Canada’s Pest Management Regulatory Agency would continue to be responsible for regulating pest control products and enforcing pest control product conditions of registration or authorization. With these Regulations, existing agreements between federal and provincial agencies regarding aquaculture remain in place. Provincial aquaculture regulators are also expected to play a key role in supporting the implementation of the Regulations through their existing programs and tools. For example, Ontario, New Brunswick, Nova Scotia, and Newfoundland and Labrador already have requirements and practices in place regarding integrated fish health and pest management, mitigation and performance standards for sediment effects arising from the deposit of biochemical oxygen demanding matter, and information requirements for new farm sites. However, Fisheries and Oceans Canada now has new responsibilities for collecting/collating data reported and ensuring that the reports received are in accordance with standards and regulatory requirements.
The report to the fishery officer of observed fish morbidity or mortality would also be communicated to the Pest Management Regulatory Agency in situations where the tissue sample results indicate that a pest control product may have contributed to the mortality. The Minister of Health, under the Pest Control Products Act, has the authority to undertake a variety of actions ranging from further investigation and monitoring to cancellation of the pest control product’s registration or authorization. Actions taken would be linked to the severity of impact to fish populations.
For drugs, the power exists under the Food and Drugs Act to cancel the identification number of drugs. Cancellation results in the sale of the drug being prohibited which, in turn, results in the deposit of the drug not being authorized under these Regulations.
Fisheries and Oceans Canada has developed communications material and will meet with interested regulators and stakeholders to further explain the intent and implementation aspects of the Regulations.
To support consistency in application and implementation of the Regulations, a guidance document has been developed. This document is available through the Fisheries and Oceans Canada Web site and explains the requirements and expectations of the Regulations for aquaculture facility owners/operators. As well, the guidance document describes in clear terms the roles and requirements under the Regulations of all aquaculture regulators.
Achieving compliance involves the assessment of risks and identification of compliance issues, compliance encouragement, promotion and inspection, and investigations. Fisheries and Oceans Canada’s enforcement tools under the Fisheries Act include education, warnings, compliance orders, and prosecutions with fines of up to $2,000,000, imprisonment of up to three years, or both in the case of an individual [clause 40(2)(a)(i)(B) of the Fisheries Act]; fines are higher when a corporation is found guilty of violating section 36 of the Fisheries Act. For compliance matters related to the use of pesticides, Health Canada’s Pest Management Regulatory Agency is responsible for Pest Control Products Act enforcement activities. Their enforcement response tools under the Pest Control Products Act include education, warnings, product detention, and depending on the situation of non-compliance and the enforcement approach taken, maximum prison terms from six months to three years and maximum fines from $200,000 to $1,000,000.
Performance measurement and evaluation
Fisheries and Oceans Canada intends to conduct a performance review of these Regulations after five years of their coming into force.
Aquaculture Policy and Regulatory Initiatives
Fisheries and Oceans Canada
200 Kent Street, Room 8N187
- Footnote a
- Footnote b
S.C. 2012, c. 19, s. 143(2)
- Footnote c
R.S., c. F-14
- Footnote d
S.C. 2012, c. 19, s. 143(2)
- Footnote e
S.C. 2012, c. 19, s. 142(4)
- Footnote f
S.C. 2012, c. 19, s. 143(2)
- Footnote g
R.S., c. F-14
- Footnote 1