Aquaculture Activities Regulations (SOR/2015-177)

Regulations are current to 2018-10-24

Aquaculture Activities Regulations

SOR/2015-177

FISHERIES ACT

Registration 2015-06-29

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 ActFootnote a under subsection 36(5.1)Footnote b of the Fisheries ActFootnote 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)Footnote b of that Act have been met;

Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 35(3)Footnote d and 36(5.2)Footnote b of the Fisheries ActFootnote c, makes the annexed Aquaculture Activities Regulations.

Ottawa, June 26, 2015

GAIL SHEA
Minister of Fisheries and Oceans

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Loi

Act means the Fisheries Act. (Loi)

aquaculture

aquaculture

aquaculture means the cultivation of fish. (aquaculture)

aquaculture licence

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. (permis d’aquaculture)

barren substrate

substrat stérile

barren substrate means benthic substrate on which there are no visible organisms. (substrat stérile)

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. (matière exerçant une demande biochimique en oxygène)

Monitoring Standard

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. (Norme)

soft bottom

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. (fond meuble)

Deleterious Substances

Marginal note:Specified substances

 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.

Deposit

Marginal note:Conditions applicable to deposits

 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.

Conditions

Marginal note:Aquaculture facility

 The deleterious substance must be deposited in the operation of the aquaculture facility and the facility must be operated under an aquaculture licence.

Marginal note:Drugs

 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.

Marginal note:Pest control products

 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.

Marginal note:Measures to reduce detriment

  •  (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.

  • Marginal note: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).

Marginal note:Information required before depositing

  •  (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.

  • Marginal note:Exception

    (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.

  • Marginal note:Monitoring Standard

    (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.

  • Marginal note:Non-application

    (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.

Marginal note:Applications affecting contours of footprint

  •  (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.

  • Marginal note:Non-application

    (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.

 
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