Acts and Regulations

2011, c.112 - Aquaculture Act

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Repealed on 1 July 2022
2011, c.112
Aquaculture Act
Deposited May 13, 2011
Repealed: 2019, c.40, s.96
Definitions
1The following definitions apply in this Act.
“aquacultural produce” means aquatic plants and animals raised or being raised by aquaculture. (produit aquacole)
“aquaculture” means the cultivation of aquatic plants and animals, but does not include the cultivation of aquatic plants and animals in a laboratory for experimental purposes or in an aquarium. (aquaculture)
“aquaculture lease” means a lease issued under section 33. (bail aquacole)
“aquaculture licence” means an aquaculture licence issued under section 8, and includes a renewal or an amendment of such a licence. (permis d’aquaculture)
“aquaculture occupation permit” means an aquaculture occupation permit issued under section 34. (autorisation d’occupation aquacole)
“aquaculture site” means a site, specified in an aquaculture licence, at which aquaculture is to be carried on, is carried on or was carried on. (site aquacole)
“aquatic plants and animals” means plants and animals that have water as their natural habitats at all stages of their life cycles. (plantes et animaux aquatiques)
“designated aquaculture land” means land under the administration and control of the Minister that has been designated by the Minister under section 32 as aquaculture land. (terre aquacole désignée)
“fallow period” means a period of time during which aquacultural produce shall not be present and aquaculture shall not be carried on at an aquaculture site. (période de jachère)
“fish health diagnostic service” means a laboratory that is approved by the Minister for the testing of aquaculture samples.(service de diagnostic sanitaire piscicole)
“inspector” means a person appointed as an inspector under section 47. (inspecteur)
“land” includes land covered by water and the water column superjacent to land. (terre)
“lessee” means the holder of an aquculture lease. (preneur à bail)
“licensee” means the holder of an aquaculture licence. (titulaire de permis)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“permittee” means the holder of an aquaculture occupation permit. (titulaire d’autorisation)
“person” includes a cooperative incorporated or continued under or to which the Cooperatives Act applies. (personne)
“prescribed” means prescribed by the regulations. (prescrit)
“Registrar” means the person appointed as Registrar under section 45. (registraire)
“water” includes fresh, brackish and marine water, both tidal and non-tidal. (eau)
1988, c.A-9.2, ss.1(1); 2000, c.26, s.22; 2005, c.24, s.1; 2007, c.10, s.15; 2010, c.31, s.18; 2017, c.2, s.1; 2017, c.63, s.16; 2019, c.2, s.16; 2019, c.24, s.180
Strain of aquatic plants or animals
2For the purposes of this Act a reference to a strain of aquatic plants or animals is a reference to aquatic plants or animals that possess or have been bred to possess special genetically determined characteristics that distinguish them from other members of the same species.
1988, c.A-9.2, ss.1(2)
Interference with navigation
3Nothing in this Act or the regulations authorizes any interference with the navigation of navigable waters.
1988, c.A-9.2, s.2
Application
4(1)Subject to subsection (2), this Act and the regulations apply to all aquaculture whether begun before or after the commencement of this Act.
4(2)This Act and the regulations, and a provision of this Act or the regulations, shall not apply to the following if exempted by the regulations from the application of the Act and the regulations or the provision:
(a) a person or class of persons;
(b) land or a class of lands;
(c) an aquaculture site or class of aquaculture sites;
(d) an activity or class of activities; or
(e) aquatic plants or animals or strains of aquatic plants or animals.
1988, c.A-9.2, s.3
Aquaculture bay management area
5(1)The Minister may designate an area in a body of water as an aquaculture bay management area.
5(2)The Minister may designate the following for an aquaculture bay management area:
(a) the year class of the aquacultural produce that may be cultivated in the area; and
(b) the length of a fallow period for the area.
5(3)Subject to subsection (6), if the Minister makes a designation under subsection (2), on issuing, renewing or amending an aquaculture licence respecting an aquaculture site located in an aquaculture bay management area, the Registrar shall, in addition to any terms and conditions established by or in accordance with the regulations, impose terms and conditions on the aquaculture licence requiring the licensee to comply with a designation under subsection (2).
5(4)Subject to subsection (6), if the Minister makes a designation under subsection (2), the Registrar shall amend the aquaculture licence respecting an aquaculture site located in an aquaculture bay management area.
5(5)In an amendment under subsection (4), the Registrar shall, in addition to any terms or conditions established by or in accordance with the regulations, impose terms and conditions on an aquaculture licence requiring the licensee to comply with a designation under subsection (2).
5(6)The Minister may exempt a licensee from complying with a designation made under paragraph (2)(a).
5(7)The Minister may amend, cancel or reinstate at any time a designation made under this section.
5(8)The Regulations Act does not apply to a designation made under this section.
2005, c.24, s.2
Prohibition against carrying on aquaculture without aquaculture licence
6A person who does not hold an aquaculture licence shall not carry on aquaculture.
1988, c.A-9.2, s.4
Application for aquaculture licence
7(1)A person who wishes to carry on aquaculture may apply to the Registrar for an aquaculture licence.
7(2)A person who is applying for an aquaculture licence shall pay the prescribed application fee to the Registrar at the time the application is made.
7(3)A person who is applying for an aquaculture licence shall provide to the Registrar the information required by or in accordance with the regulations.
7(4)A person who is applying for an aquaculture licence shall comply with the terms and conditions established by or in accordance with the regulations.
1988, c.A-9.2, s.5; 1991, c.47, s.1
Issuance of aquaculture licence
8(1)The Registrar, on being satisfied that the applicant has fulfilled all of the requirements of this Act and the regulations in relation to an application for an aquaculture licence, may issue to the applicant an aquaculture licence.
8(2)The Registrar may, in accordance with the regulations, refuse to issue an aquaculture licence.
1988, c.A-9.2, s.6
Application for renewal of aquaculture licence
9(1)A licensee may apply to the Registrar for a renewal of the licensee’s aquaculture licence.
9(2)A licensee who is applying for a renewal of the licensee’s aquaculture licence shall pay the prescribed application fee to the Registrar at the time the application is made.
9(3)A licensee who is applying for a renewal of the licensee’s aquaculture licence shall provide to the Registrar the information required by or in accordance with the regulations.
9(4)A licensee who is applying for a renewal of the licensee’s aquaculture licence shall comply with the terms and conditions established by or in accordance with the regulations.
1988, c.A-9.2, s.7
Renewal of aquaculture licence
10(1)The Registrar, on being satisfied that the licensee has fulfilled all of the requirements of this Act and the regulations in relation to an application for a renewal of the licensee’s aquaculture licence, may renew the aquaculture licence.
10(2)The Registrar may, in accordance with the regulations, refuse to renew an aquaculture licence.
1988, c.A-9.2, s.8
Application for amendment of aquaculture licence
11(1)A licensee may apply to the Registrar to have the licensee’s aquaculture licence amended.
11(2)A licensee who is applying to have the licensee’s aquaculture licence amended shall pay the prescribed application fee to the Registrar at the time the application is made.
11(3)A licensee who is applying to have the licensee’s aquaculture licence amended shall provide to the Registrar the information required by or in accordance with the regulations.
11(4)A licensee who is applying to have the licensee’s aquaculture licence amended shall comply with the terms and conditions established by or in accordance with the regulations.
1988, c.A-9.2, s.9; 1991, c.47, s.2
Amendment of aquaculture licence
12(1)The Registrar, on being satisfied that the licensee has fulfilled all of the requirements of this Act and the regulations in relation to an application to have an aquaculture licence amended, may amend the aquaculture licence.
12(2)The Registrar may, in accordance with the regulations, refuse to amend an aquaculture licence.
1988, c.A-9.2, s.10
Additional terms and conditions the Registrar may impose
13(1)On issuing, renewing or amending an aquaculture licence, the Registrar may, in addition to any terms and conditions established by or in accordance with the regulations, make the licence subject to terms and conditions in relation to
(a) adherence to an aquaculture site development plan approved by the Registrar,
(b) standards relating to site utilization, stocking densities and production at aquaculture sites,
(c) the year class of the aquacultural produce that may be cultivated,
(d) the length of a fallow period for an aquaculture site,
(e) measures to be taken to minimize the risk of environmental degradation,
(f) measures to be taken to prevent the escape of aquacultural produce,
(g) measures to be taken to minimize the risk of disease, disease agents, parasites, toxins or contaminants spreading to other aquaculture sites,
(h) measures to be taken to ensure the maintenance of applicable health, grade and genetic standards, and
(i) any other matter the Registrar considers necessary for the purposes of this Act and the regulations.
13(2)The Registrar may, under subsection (1), make different aquaculture licences subject to different terms and conditions that reflect the particular characteristics of the sites specified under subsection 18(1) in the licences.
1988, c.A-9.2, s.11; 2005, c.24, s.3
Additional terms and conditions the Minister may impose
14The Minister may, at any time, in addition to any terms and conditions established by or in accordance with the regulations, make an aquaculture licence subject to terms and conditions in relation to
(a) the year class of the aquacultural produce that may be cultivated, and
(b) the length of a fallow period for the aquaculture site.
2005, c.24, s.4
Terms and conditions to which aquaculture licence is subject
15An aquaculture licence is subject to the following terms and conditions:
(a) those established by or in accordance with the regulations, whenever established;
(b) those imposed by the Registrar under section 5;
(c) those imposed by the Registrar under section 13; and
(d) those imposed by the Minister under section 14, whenever imposed.
1988, c.A-9.2, s.12; 2005, c.24, s.5
Assignment or transfer of aquaculture licence
16An aquaculture licence may be assigned or transferred with the prior written consent of the Registrar.
1988, c.A-9.2, s.13
Restriction on issue of aquaculture licence
17The Registrar shall not issue, renew or amend an aquaculture licence in relation to an aquaculture site on other than designated aquaculture land unless the applicant is the owner or lessee of the aquaculture site and has a right to occupy the site.
1988, c.A-9.2, ss.14(1)
Restriction of aquaculture licence to an aquaculture site
18(1)The Registrar shall specify in an aquaculture licence the site at which aquaculture is to be carried on under the licence.
18(2)A licensee shall not carry on aquaculture at a site other than the one specified under subsection (1) in the licensee’s aquaculture licence.
1988, c.A-9.2, ss.14(2), (3)
Display of aquaculture licence number
19The Registrar may require that a licensee display the licensee’s aquaculture licence number at all times at the site specified under subsection 18(1) in the licensee’s aquaculture licence in accordance with the regulations.
1988, c.A-9.2, ss.14(4); 1991, c.47, s.3
Duration of aquaculture licence
20(1)An aquaculture licence is valid for 20 years or for such shorter period as is specified by the Registrar in the licence.
20(2)The term of an aquaculture licence shall not extend beyond the period of time during which the licensee has a right to occupy the site specified under subsection 18(1) in the licence.
1988, c.A-9.2, s.15
Restriction of aquaculture licence to specified species and strains
21(1)The Registrar shall specify in an aquaculture licence the species and strains of aquatic plants and animals that are to be cultivated under the licence.
21(2)A licensee shall not cultivate species or strains of aquatic plants and animals other than those specified under subsection (1) in the licensee’s aquaculture licence.
21(3)The Minister may direct a licensee to destroy or otherwise dispose of, in accordance with the direction of the Minister, aquatic plants and animals in the possession of a licensee that are not of the species or strains specified under subsection (1) in the licensee’s aquaculture licence.
21(4)A licensee shall immediately comply with directions of the Minister under this section.
1988, c.A-9.2, ss.16(1)-(4)
Ownership of aquacultural produce
22All aquacultural produce of the species and strains specified in an aquaculture licence, while contained within the boundaries of the aquaculture site, are the exclusive personal property of the licensee until sold, traded, transferred or otherwise disposed of by the licensee.
1988, c.A-9.2, ss.16(5)
Books, records, accounts and documents
23(1)A licensee shall prepare and maintain the books, records, accounts and other documents required by or in accordance with the regulations.
23(2)A licensee shall forward to the Registrar the information, books, records, accounts and other documents required by or in accordance with the regulations, at the times and in the forms required by the regulations.
1988, c.A-9.2, s.17
Health, genetic and grade standards
24A licensee shall maintain the health, genetic and grade standards for aquacultural produce established by or in accordance with the regulations.
1988, c.A-9.2, s.18
Reporting of disease, parasites, toxins and contaminants
25A licensee shall immediately report to the Minister or to an inspector the presence of disease, disease agents, parasites, toxins or contaminants at the licensee’s aquaculture site.
1988, c.A-9.2, s.19; 2005, c.24, s.6
Direction to prevent the spread of disease, disease agents, parasites, toxins and contaminants
26(1)If satisfied on reasonable grounds that disease, disease agents, parasites, toxins or contaminants are present at a licensee’s aquaculture site, the Minister may direct the licensee to take such measures as the Minister considers necessary to prevent the spread of the disease, disease agents, parasites, toxins or contaminants.
26(2)Under subsection (1), the Minister may direct a licensee to quarantine, destroy or otherwise dispose of aquacultural produce in accordance with the direction of the Minister.
26(3)A licensee shall immediately comply with directions of the Minister under this section.
2005, c.24, s.7
Designation of a controlled aquaculture area
27(1)The Minister may designate an area in a body of water as a controlled aquaculture area for the purpose of subsections (4) to (7).
27(2)The Minister may amend, cancel or reinstate at any time a designation made under subsection (1).
27(3)The Regulations Act does not apply to a designation made under subsection (1).
27(4)If the Minister has reason to believe that disease, disease agents, parasites, toxins or contaminants are present at an aquaculture site, the Minister may designate the aquaculture site and the area surrounding the aquaculture site as a controlled aquaculture area under subsection (1).
27(5)The Minister may direct a licensee whose aquaculture site is located in a controlled aquaculture area to take such measures as the Minister considers necessary to prevent the spread of the disease, disease agents, parasites, toxins or contaminants.
27(6)Under subsection (5), the Minister may direct a licensee whose aquaculture site is located in a controlled aquaculture area to quarantine, destroy or otherwise dispose of aquacultural produce in accordance with the direction of the Minister.
27(7)A licensee whose aquaculture site is located in a controlled aquaculture area shall immediately comply with directions of the Minister under this section.
2005, c.24, s.7
Harvesting of aquacultural produce
28A licensee shall harvest the aquacultural produce cultivated under the licensee’s aquaculture licence in accordance with the regulations.
1988, c.A-9.2, s.20
Suspension or revocation of aquaculture licence
29(1)The Registrar may suspend or revoke an aquaculture licence if the Registrar is satisfied that
(a) the licensee has made a false statement in applying for the licence or for a renewal or amendment of the licence, or in any information, book, record, account or other document furnished by the licensee under this Act or the regulations,
(b) the licensee violates, or fails or refuses to comply with, a term or condition to which the licence is subject,
(c) the licensee violates, or fails or refuses to comply with, a provision of this Act or the regulations,
(d) the licensee does not, to the satisfaction of the Registrar, show due diligence in fulfilling the terms and conditions to which the licence is subject and in complying with the provisions of this Act and the regulations, or
(e) the licensee ceases to have a right to occupy the site specified under subsection 18(1) in the licence.
29(2)The Registrar may revoke an aquaculture licence on surrender of the licence by the licensee.
1988, c.A-9.2, s.21
Inspection
30(1)An inspector may at any reasonable time enter and inspect any vehicle, trailer or boat and any place or premises, except a private dwelling, that the inspector has reason to believe are being used for or in connection with aquaculture.
30(2)For the purposes of inspection, an inspector may open and inspect any container that the inspector has reason to believe contains aquatic plants or animals.
30(3)Before or after attempting to effect entry under this section, an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
30(4)An inspector may at any time require a licensee to produce for inspection, or for the purpose of obtaining copies or extracts, any records, books, accounts or other documents, other than financial records, books, accounts or documents, relating to aquaculture or to the aquaculture site.
30(5)A licensee shall immediately on demand by an inspector produce the records, books, accounts and other documents relating to aquaculture and to the aquaculture site required by an inspector under this section.
30(6)An inspector may require a licensee to provide such samples and to carry out such tests as the inspector specifies.
30(7)A licensee shall
(a) provide the samples required by an inspector under this section, and
(b) have a test required by an inspector under this section carried out by a fish health diagnostic service.
30(7.1)Immediately after carrying out a test required under this section, a fish health diagnostic service shall give notice of the test results to the Minister.
30(8)An inspector may seize any book, record, account, document, container or aquatic plant or animal that the inspector believes on reasonable grounds may afford evidence of the commission of an offence in the following circumstances:
(a) during an inspection under this section;
(b) during a search authorized under the Provincial Offences Procedure Act; or
(c) in accordance with the Provincial Offences Procedure Act.
1988, c.A-9.2, s.22; 2008, c.11, s.2; 2017, c.2, s.1
Sale, destruction, disposal, transfer, transport, introduction and possession of aquatic plants and animals
31(1)No person shall sell, destroy or otherwise dispose of aquacultural produce, including parts or portions of aquacultural produce, in which disease, disease agents, parasites, toxins or contaminants are present except in accordance with the direction of the Minister.
31(2)No person shall transfer or transport live aquacultural produce from one body of water or aquaculture site in the Province to another in the Province except in accordance with the regulations or in accordance with a prior written approval of the Minister.
31(3)No person shall introduce live aquacultural produce to a body of water or aquaculture site in the Province except in accordance with the regulations or in accordance with a prior written approval of the Minister.
31(4)No person shall have possession of live aquatic plants or animals directly or indirectly for the purposes of aquaculture other than in accordance with the regulations or in accordance with a prior written approval of the Minister.
31(5)The Minister may give directions and approvals for the purposes of this section and may make the directions and approvals subject to such terms and conditions as the Minister considers advisable for the maintenance of health, genetic and grade standards.
31(6)A person to whom the Minister gives a direction or an approval under this section shall comply with the terms and conditions to which the direction or approval is subject.
1988, c.A-9.2, s.23; 2005, c.24, s.8
Designation of land as aquaculture land
32The Minister may designate land that is under the Minister’s administration and control as aquaculture land.
1988, c.A-9.2, s.24; 1991, c.47, s.4
Lease of designated aquaculture land
33(1)On application the Minister may, in accordance with the regulations, lease designated aquaculture land for the purposes of aquaculture.
33(2)The Minister may, in addition to any terms, covenants and conditions established by or in accordance with the regulations, make an aquaculture lease subject to such terms, covenants and conditions as the Minister considers appropriate.
33(3)An aquaculture lease
(a) shall be for a period not exceeding 20 years,
(b) shall be at a rent fixed by or in accordance with the regulations, whether before or after the issuance of the lease, or, if there is no applicable regulation, at a rent fixed by the Minister having regard to the rental value of similar land on the open market,
(c) shall be subject to the terms, covenants and conditions established by or in accordance with the regulations, whether before or after the issuance of the lease, and to the terms, covenants and conditions imposed by the Minister under subsection (2), and
(d) may be assigned or transferred with the prior written consent of the Minister.
33(4)The Minister shall not issue an aquaculture lease unless the applicant for the lease has given public notice of the application in accordance with the regulations.
33(5)The Minister shall not issue an aquaculture lease unless the applicant for the lease has provided, to the satisfaction of the Minister, a certificate of survey of the land to be covered by the lease.
33(6)Subject to subsections (7) and (8), an aquaculture lease conveys the right to the exclusive use of the land covered by the lease.
33(7)An aquaculture lease does not convey a right to any mines or minerals in, on or under the land.
33(8)An aquaculture lease may make provision for access through and over the land by adjacent landowners.
1988, c.A-9.2, s.25; 1991, c.47, s.5
Aquaculture occupation permit
34(1)On application the Minister may, in accordance with the regulations, issue an aquaculture occupation permit authorizing a person to occupy and use specified designated aquaculture land.
34(2)The Minister may, in addition to any terms, covenants and conditions established by or in accordance with the regulations, make an aquaculture occupation permit subject to such terms, covenants and conditions as the Minister considers appropriate.
34(3)An aquaculture occupation permit
(a) shall be for a period not exceeding three years,
(b) shall be at a rent fixed by or in accordance with the regulations, whether before or after the issuance of the permit, or, if there is no applicable regulation, at a rent fixed by the Minister having regard to the occupational and use value of similar land on the open market, and
(c) shall be subject to terms, covenants and conditions established by or in accordance with the regulations, whether before or after the issuance of the permit, and to the terms, covenants and conditions imposed by the Minister under subsection (2), and
(d) is not assignable or transferable.
34(4)The Minister shall not issue an aquaculture occupation permit unless the applicant for the permit has given public notice of the application in accordance with the regulations.
1988, c.A-9.2, s.26; 1991, c.47, s.6
Alteration of boundaries of land under aquaculture lease or aquaculture occupation permit
35(1)A lessee or permittee may apply to the Minister to have the boundaries of land altered under the lessee’s aquaculture lease or the permittee’s aquaculture occupation permit.
35(2)A lessee or permittee who is applying to have the boundaries of land altered under an aquaculture lease or an aquaculture occupation permit shall provide to the Minister the information required by or in accordance with the regulations.
35(3)A lessee or permittee who is applying to have the boundaries of land altered under an aquaculture lease or an aquaculture occupation permit shall comply with the terms and conditions established by or in accordance with the regulations.
35(4)The Minister shall not grant an application to alter the boundaries of land under an aquaculture lease or an aquaculture occupation permit unless public notice of the application has been given by the lessee or permittee in accordance with the regulations.
35(5)The Minister, on being satisfied that the lessee or permittee has fulfilled all of the requirements of this Act and the regulations in relation to an application to have the boundaries of land altered under an aquaculture lease or an aquaculture occupation permit, may alter the boundaries of land under the lease or permit.
35(6)The Minister may, in accordance with the regulations, refuse to alter the boundaries of land under an aquaculture lease or aquaculture occupation permit.
1991, c.47, s.7
Cancellation of aquaculture lease or aquaculture occupation permit
36(1)The Minister may cancel an aquaculture lease or an aquaculture occupation permit if
(a) the lessee or the permittee has made a false statement in applying for the lease or permit,
(b) the lessee or the permittee violates or fails or refuses to comply with a term, covenant or condition to which the lease or permit is subject,
(c) the lessee or permittee violates or fails or refuses to comply with a provision of this Act or the regulations,
(d) the lessee or the permittee does not, to the satisfaction of the Minister, show due diligence in fulfilling a term, covenant or condition to which the lease or permit is subject, or
(e) the lessee or the permittee ceases to hold an aquaculture licence in relation to the land covered by the lease or permit.
36(2)The Minister may cancel an aquaculture lease or an aquaculture occupation permit on surrender of the lease or permit by the lessee or permittee.
1988, c.A-9.2, s.27
Appeals
37(1)An applicant for an aquaculture licence or a licensee who is dissatisfied with a decision of the Registrar under this Act or the regulations may appeal the decision to the Minister in accordance with the regulations.
37(2)A decision or direction of the Minister under this Act or the regulations is final and conclusive and, except on the grounds of an excess of jurisdiction or denial of natural justice, shall not be questioned or reviewed in any court, and no order shall be made or proceedings taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise to question, review, prohibit or restrain the Minister.
1988, c.A-9.2, s.28
Confidentiality
38(1)Subject to subsections (3) and (4), all of the following are confidential:
(a) any information, books, records, accounts or documents obtained by the Minister, an inspector or any other person under section 7, 9, 11, 23 or 30; and
(b) any information, samples or materials obtained by the Minister, an inspector, a fish health diagnostic service or other person under section 30 or under the regulations.
38(2)Subject to subsections (3) and (4), no person shall disclose or allow to be disclosed
(a) any information, books, records, accounts or documents obtained by the Minister, an inspector or any other person under section 7, 9, 11, 23 or 30, or
(b) any information, samples or materials obtained by the Minister, an inspector, a fish health diagnostic service or other person under section 30 or under the regulations.
38(3)A person may disclose or allow to be disclosed any information, samples, materials, books, records, accounts or documents obtained by the Minister, an inspector, a fish health diagnostic service or other person under section 7, 9, 11, 23 or 30 or under the regulations for the purposes of the administration and enforcement of this Act, including disclosure
(a) on a confidential basis to a person employed by the Government of Canada or by a province or territory of Canada,
(b) in publications and programs in relation to aquaculture if the disclosure does not identify the person to whom the information, book, record, account or document relates,
(c) to any person when necessary to prevent or combat disease or to maintain genetic standards,
(d) to members of advisory committees established by the Minister under section 44,
(e) to any person in the course of consultation, public or otherwise, undertaken in relation to any application under this Act, and
(f) to any person in accordance with the regulations.
38(4)A person may, with the consent of the person to whom it relates, disclose or allow to be disclosed any information, book, record, account or document obtained under section 7, 9, 11, 23 or 30.
38(5)If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.
1988, c.A-9.2, s.29; 2013, c.34, s.1; 2017, c.2, s.1
Offences and penalties
39(1)A person who violates or fails to comply with any provision of the regulations commits an offence.
39(2)A person who violates or fails to comply with a term or condition of an aquaculture licence commits an offence.
39(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
39(4)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
1988, c.A-9.2, s.30; 1990, c.61, s.9
Continuing offence
40If an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
1988, c.A-9.2, s.32; 1990, c.61, s.9
Administration
41The Minister is responsible for the administration of this Act and the regulations and may designate one or more persons to act on the Minister’s behalf.
1988, c.A-9.2, s.34
Public consultation
42The Minister shall undertake such public consultation in relation to aquaculture as the Minister considers appropriate or as is required by or in accordance with the regulations.
1988, c.A-9.2, s.35
Agreements
43The Minister, with the approval of the Lieutenant-Governor in Council, may enter into agreements with Canada, a provincial government or a person for any purpose related to this Act and the regulations.
1988, c.A-9.2, s.36
Advisory committees
44(1)The Minister may establish advisory committees to advise the Minister generally in relation to aquaculture and in relation to the issuance of aquaculture leases and aquaculture occupation permits, and to advise the Registrar in relation to the issuance, renewal and amendment of aquaculture licences.
44(2)Despite subsection (1) the Minister shall establish advisory committees to advise the Minister in relation to health standards for aquacultural produce and in relation to site selection criteria for designated aquaculture land.
44(3)The Minister may pay such allowances and expenses as may be authorized by the regulations to persons who serve on advisory committees established under this section.
1988, c.A-9.2, s.37
Appointment of Registrar
45The Minister shall appoint a person employed in the Department of Agriculture, Aquaculture and Fisheries as the Registrar for the purposes of this Act and the regulations.
1988, c.A-9.2, s.38; 2000, c.26, s.22; 2007, c.10, s.15; 2010, c.31, s.18
Maintenance of records by Registrar
46The Registrar shall maintain copies and records of aquaculture licences, aquaculture leases and aquaculture occupation permits, and such other documents as the Minister may require.
1988, c.A-9.2, s.39
Appointment of inspectors
47(1)The Minister may appoint persons as inspectors for the purposes of this Act and the regulations.
47(2)An inspector in carrying out the duties of an inspector under this Act and the regulations has and may exercise all the powers and duties of a peace officer.
1988, c.A-9.2, s.40
Immunity
48No action for damages lies against the Province, the Minister, a person designated to act on behalf of the Minister, the Registrar, an inspector, an advisory committee or a member of an advisory committee with respect to anything done or purported to be done, or with respect to anything omitted, under this Act or the regulations.
1988, c.A-9.2, s.41
Regulations
49(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing fees payable under this Act and the regulations;
(b) respecting forms for use under this Act and the regulations;
(c) exempting persons, classes of persons, land, classes of lands, aquaculture sites, classes of aquaculture sites, activities, classes of activities, aquatic plants and animals and strains of aquatic plants and animals from the application of this Act and the regulations or from the application of any provision of this Act or the regulations;
(d) establishing classes of aquaculture licences, aquaculture leases and aquaculture occupation permits;
(e) respecting the method of allocating aquaculture licences;
(f) respecting the preparation of, modification of and adherence to site development plans in relation to aquaculture sites;
(g) respecting the information that is to be provided to the Registrar by a person who is applying for an aquaculture licence;
(h) respecting the terms and conditions to be complied with by a person who is applying for an aquaculture licence;
(i) respecting the grounds on which the Registrar may refuse to issue an aquaculture licence;
(j) respecting the information that is to be provided to the Registrar by a licensee who is applying for a renewal of the licensee’s aquaculture licence;
(k) respecting the terms and conditions to be complied with by a licensee who is applying for a renewal of the licensee’s aquaculture licence;
(l) respecting the grounds on which the Registrar may refuse to renew an aquaculture licence;
(m) respecting the information to be provided to the Registrar by a licensee who is applying to have the licensee’s aquaculture licence amended;
(n) respecting the terms and conditions to be complied with by a licensee who is applying to have the licensee’s aquaculture licence amended;
(o) respecting the grounds on which the Registrar may refuse to amend an aquaculture licence;
(p) respecting the terms and conditions to which an aquaculture licence is subject;
(q) respecting the books, records, accounts and other documents to be prepared and maintained by a licensee and respecting the information, books, records, accounts and other documents to be forwarded by a licensee to the Registrar, and the times at which and the forms in which they are to be forwarded;
(r) respecting the display of an aquaculture licence number at an aquaculture site;
(s) respecting health standards for aquacultural produce;
(t) respecting genetic standards for aquacultural produce;
(u) respecting grade standards for aquacultural produce;
(v) respecting the quarantine of aquacultural produce;
(w) respecting the harvesting of aquacultural produce;
(x) respecting the destruction or disposal of aquatic plants and animals and aquacultural produce, including parts or portions;
(y) respecting the transport, transfer and introduction of aquatic plants and animals and aquacultural produce;
(z) respecting the possession of live aquatic plants and animals for the purposes of aquaculture;
(aa) respecting the method of allocating designated aquaculture land for the purposes of aquaculture;
(bb) respecting the surveying of designated aquaculture land;
(cc) respecting the conduct of aquaculture on designated aquaculture land;
(dd) respecting the leasing of designated aquaculture land, including the grounds on which the Minister may refuse to issue an aquaculture lease;
(ee) respecting the public notice to be given in relation to an application for an aquaculture lease or an aquaculture occupation permit;
(ff) respecting rent payable in relation to an aquaculture lease;
(gg) respecting the terms, covenants and conditions to which an aquaculture lease is subject;
(hh) respecting the issuance of aquaculture occupation permits in relation to designated aquaculture land, including the grounds on which the Minister may refuse to issue an aquaculture occupation permit;
(ii) respecting the rent payable in relation to an aquaculture occupation permit;
(jj) respecting the terms, covenants and conditions to which an aquaculture occupation permit is subject;
(kk) respecting the information to be provided to the Minister by the lessee or permittee who is applying to have the boundaries of land under an aquaculture lease or aquaculture occupation permit altered;
(ll) respecting the terms and conditions to be complied with by the lessee or permittee who is applying to have the boundaries of land under an aquaculture lease or aquaculture occupation permit altered;
(mm) respecting the public notice to be given in relation to an application to alter the boundaries of land under an aquaculture lease or aquaculture occupation permit;
(nn) respecting the grounds on which the Minister may refuse to alter the boundaries of land under an aquaculture lease or aquaculture occupation permit;
(oo) respecting appeals from decisions of the Registrar under this Act and the regulations including the grounds for appeal, the procedures on appeal, the effect of a decision of the Registrar pending the outcome of an appeal and the powers and authority of the Minister in relation to the appeal;
(pp) respecting public consultation to be undertaken by the Minister;
(qq) respecting the disclosure of confidential information;
(rr) respecting allowances and expenses payable to persons who serve on advisory committees;
(ss) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations, or both.
49(2)Regulations under this Act may contain different provisions for different classes of aquaculture licences, aquaculture leases and aquaculture occupation permits and for different persons, classes of persons, land, classes of lands, aquaculture sites, classes of aquaculture sites, activities, classes of activities, aquatic plants and animals and strains of aquatic plants and animals.
49(3)Regulations exempting persons, classes of persons, land or classes of lands, aquaculture sites, classes of aquaculture sites, activities, classes of activities, aquatic plants and animals and strains of aquatic plants and animals from the application of this Act and the regulations or from the application of any provision of this Act or the regulations
(a) may be limited to their duration,
(b) may provide that this Act and the regulations or that a provision of this Act or the regulations will apply, despite a previous exemption, at a future time fixed in the regulations, and
(c) may include terms and conditions to which any exemption is subject.
1988, c.A-9.2, s.42; 1991, c.47, s.8; 2017, c.2, s.1
SCHEDULE A
Column I
Provision
Column II
Category of Offence
  
  6..............
E
18(2)..............
E
19..............
B
21(2)..............
E
21(4)..............
E
23(1)..............
C
23(2)..............
C
24..............
E
25..............
F
26(3)..............
F
27(7)..............
F
28..............
E
30(5)..............
E
30(7)..............
E
31(1)..............
F
31(2)..............
F
31(3)..............
F
31(4)..............
F
38(2)..............
F
39(1)..............
B
39(2)..............
C
1988, c.A-9.2, Schedule A; 1990, c.61, s.9; 2005, c.24, s.9; 2005, c.32, s.1
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to July 1, 2022.