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Regulation number	Title
2019, c.40	Aquaculture Act

Under subsection 90(1) of the Aquaculture Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1This Regulation may be cited as the General Regulation – Aquaculture Act.

Definitions

2The following definitions apply in this Regulation.

“Act” means the Aquaculture Act.(Loi)

“aquaculture legislation” means(législation en matière d’aquaculture)

(a) the Canadian Environmental Protection Act, 1999 (Canada),

(b) the Canadian Navigable Waters Act (Canada),

(c) the Clean Environment Act,

(d) the Clean Water Act,

(e) the Fish and Wildlife Act,

(f) the Fisheries Act (Canada),

(g) the Food and Drugs Act (Canada),

(h) the Health of Animals Act (Canada),

(i) the Pest Control Products Act (Canada),

(j) the Safe Food for Canadians Act (Canada),

(k) the Species at Risk Act (Canada), and

(l) the Species at Risk Act.

“associated person” means a person who, in relation to another person,(personne associée)

(a) has a beneficial interest in the business of the person,

(b) exercises control, either directly or indirectly, over the business of the person, or

(c) has provided financing, either directly or indirectly, to the business of the person.

“commercial licence” means a category of licence that permits a licence holder to conduct aquaculture for commercial gain.(permis commercial)

“firearm” means a firearm as defined in the Criminal Code (Canada).(arme à feu)

“scientific licence” means a category of licence that permits a licence holder to conduct aquaculture for the purposes of research or public fishery enhancement.(permis scientifique)

Powers and duties of the Registrar

3For the purposes of subsection 10(2) of the Act, the Registrar shall maintain a copy of

(a) each lease granted and each permit and licence issued, and

(b) documents containing the information referred to in section 4.

Information

4For the purposes of subsections 10(4) and 54(4) of the Act, the following information, including personal information, is prescribed:

(a) information collected in a form, provided either directly from the individual concerned, or indirectly, from any other person authorized to complete the form;

(b) information necessary for establishing or maintaining the registry;

(c) information necessary for the enforcement of the Act, the regulations, the orders, or for purposes relating to a hearing or appeal under the Act;

(d) information on analysis, grading or testing of samples by a laboratory and the test results;

(e) information contained in applications received;

(f) information included in leases granted and permits and licences issued;

(g) information concerning orders and approvals issued;

(h) information contained in reports and plans submitted; and

(i) information disclosed in inspection reports and test results.

Books, records and documents

5(1)For the purposes of subsection 11(1) of the Act, lease holders, permit holders and licence holders shall maintain books, records and documents related to the following:

(a) the transfer, transport and introduction of all live aquaculture products to a site;

(b) the source and genetics of all live aquaculture products introduced to a site;

(c) testing and test results at a site, including data on sea lice counts;

(d) containment structures at a site, including records of inspection and maintenance of the containment structures;

(e) wild aquatic organisms collected at a site;

(f) in the case of a licence holder, all sales of aquaculture products;

(g) identification, monitoring and control of hazards;

(h) all mortality events at a site; and

(i) all chemicals used at the site, including

(i) pesticides,

(ii) antibiotics, and

(iii) therapeutants.

5(2)A lease holder, permit holder and licence holder shall maintain the books, records and documents referred to in subsection (1) at their head office or main place of business in the Province for a minimum period of seven years.

Annual report

6 A licence holder shall submit to the Registrar, on or before March 31 of each year, an annual report on a form provided by the Registrar.

Registry

7For the purposes of subsection 12(2) of the Act, the registry shall contain the following information:

(a) information related to a site, including

(i) the name of the lease holder, permit holder or licence holder,

(ii) the expiry date of the lease, permit or licence, as the case may be,

(iii) the size of the site,

(iv) the species and strain of aquatic organisms authorized to be cultivated at the site, and

(v) the method of cultivation of the aquaculture product at the site;

(b) information concerning reportable conditions found at sites within an aquaculture management area, including

(i) the date of any report made under section 59 of the Act,

(ii) the nature and source of the reportable conditions,

(iii) the type of report, including that of a disease, mortality event or invasive species,

(iv) a description of any escape of finfish or failure of containment structures, and

(v) the measures taken for the suppression, limitation or treatment of the reportable conditions;

(c) information concerning sea lice found in an aquaculture management area, including

(i) annual sea lice counts reported by licence holders,

(ii) annual sea lice counts reported by inspectors following an audit, and

(iii) comparisons of the sea lice counts reported in subparagraphs (i) and (ii); and

(d) publication information concerning each code, standard, procedure and guideline incorporated by reference in the regulations under the Act and a hyperlink to its source.

Refusal of lease application

8For the purposes of subsection 16(3) of the Act, the Registrar may refuse to grant a lease under the following circumstances:

(a) the applicant or an associated person has failed to pay any tax levied on the aquaculture land where any of their sites is located;

(b) an applicant or an associated person has failed to comply with

(i) a provision of any lease, permit or licence, or

(ii) any order made by the Minister, the Chief Veterinary Officer or an inspector under the Act; or

(c) the applicant has failed to apply for or hold a licence in relation to the aquaculture land that is the subject of the application for a lease.

Terms and conditions of a lease

9For the purposes of paragraph 18(b) of the Act, a lease is subject to the following terms and conditions:

(a) the lease holder shall hold a valid licence under the Act in relation to the site indicated in the lease;

(b) the lease holder shall immediately notify the Registrar of any change to the information provided in the initial application or any subsequent application for amendment, renewal, assignment or transfer of the lease, or to the documents that accompanied it;

(c) the lease holder shall maintain lights, buoys and other markings at the site indicated in the lease; and

(d) within 90 days after ceasing to conduct aquaculture or any related activity at the site, the lease holder shall notify the Registrar and submit a plan to repair or restore the aquaculture land where the site is located, which shall include the removal of all aquaculture structures, equipment or improvements.

Refusal of permit application

10For the purposes of subsection 26(3) of the Act, the Registrar may refuse to issue a permit under the following circumstances:

(a) the applicant or an associated person has failed to pay any tax levied on the aquaculture land where any of their sites is located;

(b) the applicant or an associated person has failed to comply with

(i) a provision of any lease, permit or licence, or

(ii) any order made by the Minister, the Chief Veterinary Officer or an inspector under the Act; or

(c) the applicant has failed to apply for or hold a licence in relation to the aquaculture land that is the subject of the application for a permit.

Terms and conditions of permit

11For the purposes of paragraph 28(b) of the Act, a permit is subject to the following terms and conditions:

(a) the permit holder shall hold a valid licence under the Act in relation to the site indicated in the permit;

(b) the permit holder shall immediately notify the Registrar of any change to the information provided in the initial application or any subsequent application for amendment or renewal of the permit, or to the documents that accompanied it;

(c) the permit holder shall maintain lights, buoys and other markings at the site indicated in the permit; and

(d) within 90 days after the cessation of aquaculture or any related activity at the site, the permit holder shall notify the Registrar and submit a plan to repair or restore the aquaculture land where the site is located, which shall include the removal of all aquaculture structures, equipment or improvements.

Categories of licence

12For the purposes of section 35 of the Act, the following categories of licence are prescribed:

(a) commercial licence; and

(b) scientific licence.

Farming management plan

13For the purposes of subsection 36(3) of the Act, a farming management plan developed or adopted by an applicant or licence holder shall contain the following information and documents:

(a) information about the applicant or licence holder as follows:

(i) if an individual,

(A) their full legal name,

(B) their residential address, the mailing address, the daytime telephone number and an email address, and

(C) their date of birth,

(ii) if a body corporate,

(A) its legal name,

(B) its business address and mailing address, and, if different, the address of the head office,

(C) if incorporated in the Province, a copy of its certificate of incorporation or letters patent, as the case may be,

(D) if incorporated outside the Province, a copy of its certificate of registration under Part 17 of the Business Corporations Act,

(E) the full legal name, the daytime telephone number and the email address of the officer or employee submitting the application on behalf of the body corporate, or

(iii) if an unincorporated organization,

(A) its legal name and any operating name,

(B) the jurisdiction where it is registered,

(C) its business address and mailing address, and

(D) the full legal name, the daytime telephone number and the email address of the individual submitting the application on behalf of the organization;

(b) an organization chart that shows

(i) the applicant or licence holder and any associated persons,

(ii) in the case of an applicant or licence holder that is a corporation or partnership, its officers, directors or partners and any associated persons, and

(iii) the persons who perform executive, management or senior administrative functions for the applicant or licence holder;

(c) a site and area plan that shows

(i) the topography and bathymetry of the site,

(ii) the location of all buildings and structures, and

(iii) the distance in metres between each building and structure;

(d) layout sketches, diagrams or drawings that show the aquaculture activities to be conducted, including process flow sheets or process schematic drawings; and

(e) the following documents, along with the dates on which they were made and the dates of any amendments:

(i) any environmental assessment and monitoring plan that has been completed in relation to the site or that is required under aquaculture legislation; and

(ii) the documents that set out the plans, procedures and protocols designed to ensure compliance with the Act, the regulations and the licence, including

(A) operating procedures,

(B) maintenance procedures,

(C) stocking and production plans,

(D) training manuals,

(E) emergency response plans,

(F) risk management procedures,

(G) procedures for maintaining the health, welfare, genetic and grade standards of the aquaculture products,

(H) procedures for ensuring the reporting of hazards, and

(I) administrative procedures and processes, including record keeping.

2023, c.2, s.160

Refusal of licence application

14For the purposes of subsection 36(5) of the Act, the Registrar may refuse to issue a licence under the following circumstances:

(a) the applicant or an associated person has failed to pay any fee, rent, fine, penalty or debt due to the Province under the Act or aquaculture legislation;

(b) an applicant or an associated person has failed to comply with

(i) a provision of any lease, permit or licence,

(ii) any order made by the Minister, the Chief Veterinary Officer or an inspector under the Act, or

(iii) the terms and conditions of any approval issued by the Chief Veterinary Officer under section 55 of the Act;

(c) the applicant does not have a right to occupy the site;

(d) the applicant has failed to apply for or hold any licence, permit or other authorization under aquaculture legislation that is required to conduct aquaculture at the site;

(e) the use of the site under the licence may constitute an undue conflict with other users of the surrounding waters; or

(f) the use of the site under the licence may constitute an unacceptable environmental risk.

Terms and conditions of licence

15For the purposes of paragraph 39(1)(b) of the Act, a licence is subject to the following terms and conditions:

(a) the licence holder shall hold any licence, permit or other authorization under aquaculture legislation that is required to conduct aquaculture at the site;

(b) the licence holder shall immediately notify the Registrar of any change to the information provided in the initial application or any subsequent application for amendment or renewal of the licence, or to the documents that accompanied it;

(c) the licence holder shall place and maintain all structures and equipment within the boundaries of the site indicated in the licence;

(d) the licence holder shall maintain lights, buoys and other markings at the site; and

(e) the licence holder and persons carrying out activities in relation to aquaculture at the site shall not be in possession of a firearm.

Possession of live aquatic organisms

16For the purposes of subsection 48(5) of the Act, no person may have possession of live aquatic organisms, directly or indirectly, for the purposes of aquaculture other than

(a) in the case of a licence holder, organisms of the species and strain specified in the licence, or

(b) in accordance with the terms and conditions of a written approval of the Chief Veterinary Officer given under section 55 of the Act.

Standards

17For the purposes of paragraph 51(c) of the Act, the following standards are prescribed:

(a) Atlantic Canada Memorandum of Understanding on Aquaculture Development. (2020). Certificate of Health for Transfer, Pan-Atlantic Finfish Policy (v. 1.1, 2020), as amended from time to time; and

(b) Code of Containment for Finfish Aquaculture in New Brunswick (2nd ed., 2021), published by the Atlantic Canada Fish Farmers Association.

Harvesting

18(1)For the purposes of section 52 of the Act, a licence holder may harvest aquaculture products cultivated under the licence in a manner consistent with

(a) the terms and conditions of the licence,

(b) the relevant policies, procedures, standards and guidelines established by the Minister under section 6 of the Act, and

(c) the terms and conditions of a written approval of the Chief Veterinary Officer, if any, issued under section 55 of the Act.

18(2)When aquaculture products are harvested by angling, a licence holder shall

(a) record the number of aquatic organisms harvested by species and the date on which they were harvested on a certificate provided by the Registrar,

(b) provide a copy of the certificate to the angler, and

(c) retain a copy of the certificate.

Testing

19For the purposes of section 53 of the Act, before the transfer or transport of live aquaculture products or the introduction of live aquaculture products to a body of water or site, a licence holder shall have the aquatic organisms tested for hazards by a fish health diagnostic service and shall submit the test results to the Chief Veterinary Officer.

Transfer or transportation of aquaculture products

20For the purposes of subsection 53(2) of the Act, a person may transfer or transport live aquaculture products from one body of water or site to another in a manner consistent with the standards prescribed under section 17 and the terms and conditions of a written approval of the Chief Veterinary Officer issued under section 55 of the Act.

Introduction to body of water or site

21For the purposes of subsection 53(3) of the Act, a person may introduce live aquaculture products to a body of water or site in a manner consistent with the terms and conditions of a written approval of the Chief Veterinary Officer issued under section 55 of the Act.

Approvals

22For the purposes of subsection 55(1) of the Act, the Chief Veterinary Officer may issue a written approval for the following activities:

(a) the possession of live aquatic organisms, directly or indirectly, for the purposes of aquaculture;

(b) the harvest of aquaculture products;

(c) the sale, destruction or other disposal of aquaculture products, including parts or portions of aquaculture products, in which hazards are, or may be, present;

(d) the transfer or transport of live aquaculture products from one body of water or site to another; or

(e) the introduction of live aquaculture products to a body of water or site.

Code of containment

23For the purposes of section 56 of the Act, the Code of Containment for Finfish Aquaculture in New Brunswick (2nd edition, 2021), published by Atlantic Canada Fish Farmers Association, is adopted.

Methods of testing

24For the purposes of paragraph 62(b) of the Act, the methods prescribed for tests and other scientific investigations shall be those set out in the Manual of Diagnostic Tests for Aquatic Animals 2021 (8th ed., 2021), published by the World Organization for Animal Health, as amended from time to time.

Interest rate

25For the purposes of section 76 of the Act, the interest rate is 1.06% per month compounded monthly or 13.5% per year.

Offences and penalties

26(1)A licence holder who fails to submit an annual report or who fails to submit the report in the manner or within the time required under section 6 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category D offence.

26(2)A licence holder who fails to comply with a term or condition of the licence referred to in paragraph 15(a), (c), (d) or (e) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category D offence.

26(3)A licence holder who harvests aquaculture products in a manner that does not conform to the terms, conditions, policies, procedures, standards or guidelines referred to in subsections 18(1) or (2), as the case may be, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category D offence.

Commencement

27This Regulation comes into force on July 1, 2022.

N.B. This Regulation is consolidated to June 16, 2023.

2022-28 - General

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