Aquaculture Activities Regulations (SOR/2015-177)

Marginal note: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).

• Marginal note: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).

• Marginal note: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.

Marginal note: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.

• Marginal note:Minister’s directions

  (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.

Marginal note:Annual report

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

Marginal note: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.

• Marginal note:Exception — deleterious substances

  (2) The deposit of deleterious substances is not prescribed for the purpose of paragraph (1)(a).

• Marginal note: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.

Report

Marginal note:Annual report

• 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(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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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

Marginal note: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.

• Marginal note: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

Marginal note:Registration

18 These Regulations come into force on the day on which they are registered.