SNL2023 CHAPTER A-13.1 - AQUACULTURE ACT, 2023

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Aquaculture Act, 2023.

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Definitions

2. In this Act

(a) "aquaculture" means the farming of fish, molluscs, crustaceans, aquatic plants and other cultured aquatic organisms with an intervention in the rearing process to enhance production by activities such as stocking, feeding, harvesting and protection from predation, and includes fallowing and the placement, removal and cleaning of aquaculture gear;

(b) "aquaculture gear" means tools, materials and equipment used in the conduct of aquaculture;

(d) "aquaculture management area" means an area designated as an aquaculture management area under section 28;

(e) "Aquaculture Policy and Procedures Manual" means the Aquaculture Policy and Procedures Manual prepared by the department, as amended from time to time;

(f) "aquaculture product" means a cultured aquatic organism that is harvested from a facility and processed in the province;

(g) "broodstock" means a cultured aquatic organism that is used to establish new populations of cultured aquatic organisms;

(h) "carton" includes a type of package, wrapper or confining band used in the holding, storing, packing or marketing of cultured aquatic organisms or marine plants;

(i) "chief aquaculture veterinarian" means the person appointed as the chief aquaculture veterinarian under section 33;

(j) "container" means any means by which cultured aquatic organisms or marine plants may be held and includes a vessel hold, boat pen, vehicle storage area, tote pan, fish bag and an insulated fish box;

(k) "cultured aquatic organisms" means plants, algae and animals, including a viable fertilized ovum of an aquatic animal and the sperm or unfertilized ova of an aquatic animal, that at all stages of their development or life cycles have water as their natural habitat;

(l) "data" means representations of information or of concepts that are being prepared or have been prepared in a form suitable for analysis using a variety of software applications;

(m) "decomposed" means having an offensive or objectionable odour, flavour, color or textural defect associated with spoilage;

(n) "department" means the department presided over by the minister;

(o) "depopulation order" means an order issued by the chief aquaculture veterinarian requiring a licensee to remove cultured aquatic organisms from a defined area;

(p) "document" means a medium on which is recorded or marked anything that is capable of being read or understood by a person or a computer system or other device and includes a written record, book, account, voucher, manifest, report, financial statement, bank statement, shipping bill, bill of lading, label, drawing, plan, picture or diagram;

(q) "escape event" means the escape of cultured aquatic organisms from a facility or from aquaculture gear used to contain the cultured aquatic organisms;

(r) "facility" means a parcel of land on which a person has been authorized by an aquaculture licence to conduct aquaculture;

(s) "federally reportable disease" means an aquatic disease of cultured aquatic organisms listed by the Canadian Food Inspection Agency;

(t) "hatchery" means a place for artificial breeding, hatching and rearing of cultured aquatic organisms;

(u) "incident event" means an occurrence that caused or could have caused

(i) abnormal mortality,

(ii) harm, or

(iii) an imminent threat

to cultured aquatic organisms, marine installation, hatchery, structure or vessel on a licensed finfish or shellfish facility and includes an event that impairs the function of any aquaculture gear required to sustain cultured aquatic organisms and prevent escape;

(v) "inspector" means an inspector appointed under section 43;

(w) "inventory reconciliation report" means an annual report containing the following information:

(i) the number of cultured aquatic organisms stocked at the facility at the beginning and end of a year,

(ii) the number of cultured aquatic organism mortalities, removals, harvests and escapes at the facility during a year, and

(iii) an explanation of any discrepancy;

(x) "land" means all lands within the province and includes land covered by water;

(y) "licensee" means a person to whom an aquaculture licence has been issued;

(z) "marine installations" means any equipment related to the containment of cultured aquatic organisms and includes

(i) anchors and blocks,

(ii) mooring lines,

(iii) cages,

(iv) nets,

(v) long lines,

(vi) seed collectors,

(vii) buoys,

(viii) floating storage and accommodations, and

(ix) any other equipment necessary for the operation of the facility which is stored within the facility boundaries;

(aa) "marine plants" includes Irish moss, kelp, and other marine plants, parts, products or by-products of them;

(bb) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(cc) "mooring system" means the method by which aquaculture gear at a facility is attached so that it remains at its intended location and includes the cables, chains, ropes, anchors, weights or other equipment that may be necessary to that attachment;

(dd) "pathogenic agent" means an organism that causes or contributes to the development of a disease;

(ee) "person" includes a corporation, the heirs, executors, administrators or other legal representatives of a person, a partnership, association and a co-operative society registered under the Co-operatives Act ;

(ff) "provincially reportable disease" means a disease referred to in a list established by the minister in accordance with section 36;

(gg) "quarantine order" means an order issued by the chief aquaculture veterinarian to prevent the spread of a disease by controlling or prohibiting movement of cultured aquatic organisms, aquaculture products, feed and aquaculture gear from the facility;

(hh) "registrar" means the person appointed as the registrar under section 6;

(ii) "strain" means cultured aquatic organisms that have, or have been bred to have, genetic characteristics that distinguish them from other members of the same species;

(jj) "tainted" means being rancid or having an abnormal odour or flavour;

(kk) "unwholesome" means having in or upon the cultured aquatic organism or marine plant, a bacteria, toxin or other foreign substance of a public health concern or an aesthetically offensive substance;

(ll) "vehicle" includes a vessel, boat, motor vehicle, trailer, aircraft or other means for the transportation of cultured aquaticorganisms or marine plants or containers or cartons of them;

(mm) "veterinarian" means a person who is licensed to practice veterinary medicine under the Veterinary Medical Act, 2004 ; and

(nn) "water" includes fresh, brackish and marine waters.

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Application of Act

3. (1) This Act applies to all aquaculture in the province.

(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, by regulation, exempt the following from the application of this Act:

(a) a person or class of persons;

(b) land or a class of lands;

(d) cultured aquatic organisms or a class of cultured aquatic organisms; and

(e) an activity or class of activities.

(3) The Lieutenant-Governor in Council may, in accordance with the regulations, impose terms and conditions on an exemption granted under subsection (2).

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Purpose of Act

4. The purpose of this Act is to govern the conduct of aquaculture in the province in order to

(a) promote and support the sustainable development of the aquaculture industry;

(b) foster the effective, accountable and transparent management of aquaculture;

(d) recognize aquaculture as a legitimate and valuable use of provincial marine resources while minimizing conflicts with competing interests and uses; and

(e) help in consultative and co-operative decision making within the province and between the government of the province and the Government of Canada on aquaculture matters.

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Labrador Inuit rights

5. (1) This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or the regulations.

(2) The minister may add terms and conditions to an aquaculture licence to ensure that the licensee complies with the Labrador Inuit Lands Claim Agreement Act .

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Registrar

6. (1) The minister may designate a person in the department to be the Registrar of Aquaculture who shall exercise the powers and perform the duties imposed on the registrar under this Act and the regulations.

(2) The registrar may access any database or information system of the minister for the purposes of exercising or performing the powers or duties imposed on the registrar.

(3) The registrar may collect from and disclose to the department the information, including personal information prescribed in the regulations relating to a licence holder.

(4) The registrar shall establish and maintain a registry in which all documents required to be filed under this Act or the regulations shall be kept.

(5) The registrar may designate one or more persons to act on the registrar's behalf.

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Committees

7. The minister may, in accordance with the regulations, establish committees to provide advice regarding administrative, regulatory and legislative matters relating to aquaculture.

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Policies, standards, procedures and guidelines

8. (1) The minister may establish or adopt provincial policies, standards, procedures and guidelines related to aquaculture.

(2) A policy, standard, procedure or guideline established under subsection (1) shall be published by the minister.

(3) A licensee shall comply with a policy, standard, procedure or guideline established by the minister under subsection (1).

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PART I
AQUACULTURE LICENCES

Categories of aquaculture licences

9. The minister may issue the classifications of aquaculture licences prescribed in the regulations.

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Application for aquaculture licence

10. (1) An application for an aquaculture licence shall be

(a) submitted to the minister in the form and manner set by the minister; and

(b) accompanied by

(i) an Aquatic Animal Health Plan prepared in accordance with the Aquaculture Policy and Procedures Manual,

(ii) an environmental and waste management plan prepared in accordance with the Aquaculture Policy and Procedures Manual,

(iii) a site restoration plan prepared in accordance with the Aquaculture Policy and Procedures Manual, and

(iv) the other information and documentation set out in the Aquaculture Policy and Procedures Manual.

(2) Notwithstanding paragraph (1)(b), an applicant may not be required to submit the documents referred to in paragraph (1)(b) where the applicant holds an aquaculture licence in relation to another facility at the time of submitting an application under subsection (1) and has previously submitted the documents referred to in paragraph (1)(b).

(3) The minister may cancel an application for an aquaculture licence where the minister determines, in accordance with the Aquaculture Policy and Procedures Manual, that the application is inactive.

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Aquaculture licence

11. (1) The minister may issue an aquaculture licence to an applicant who

(a) satisfies the requirements in subsection 10(1); and

(b) pays the fees set by the minister and any other fees required.

(2) An aquaculture licence shall include the information prescribed in the regulations.

(3) The minister may refuse to issue an aquaculture licence to an applicant for one or more of the following reasons:

(a) the applicant failed to provide the information and documentation required by the minister under subsection 10(1);

(b) the applicant made a false or misleading statement in the application for the aquaculture licence or the information or documentation required to be submitted with the application;

(c) the applicant previously held, or currently holds, an aquaculture licence in relation to another facility and the applicant failed to comply with the Act, the regulations or a term or condition of that aquaculture licence;

(d) the applicant has been convicted of an offence under this Act or the regulations;

(e) the minister determines that it would not be in the public interest; and

(f) another reason prescribed in the regulations.

(4) An aquaculture licence shall not be transferred or assigned.

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Term of aquaculture licence

12. (1) An aquaculture licence shall be valid for a period of time determined by the minister.

(2) Notwithstanding subsection (1), the term of an aquaculture licence shall not extend beyond the period of time during which the licensee owns or has a right to occupy the land comprising the facility specified in the aquaculture licence.

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Designated veterinarian

13. The minister may

(a) require that a licensee retain a veterinarian; and

(b) specify the circumstances in which the veterinarian services shall be provided.

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Financial security

14. The minister may require a licensee to provide financial or other security in a form and amount satisfactory to the minister.

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Terms and conditions of aquaculture licence

15. (1) The minister may impose terms and conditions on an aquaculture licence.

(2) A licensee shall comply with the terms and conditions of an aquaculture licence.

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Amendment of aquaculture licence

16. The minister may amend an aquaculture licencewhere

(a) the minister considers it necessary; or

(b) the licensee applies for an amendment in the form set by the minister.

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Annual fee

17. A licensee shall pay an annual licence fee in the amount and on the date set by the minister.

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Renewal of aquaculture licence

18. (1) A licensee who wishes to renew an aquaculture licence shall apply to the minister to renew the aquaculture licence and shall submit

(a) an application in the form set by the minister; and

(b) the information and documentation the minister determines necessary.

(2) The minister may renew an aquaculture licence where the licensee

(a) submits an application referred to in paragraph (1)(a) in the time period set by the minister;

(b) satisfies the requirements in paragraph (1)(b); and

(3) The minister may refuse to renew an aquaculture licence for one or more of the following reasons:

(a) the applicant failed to provide the information and documentation required by the minister under subsection (1);

(b) the applicant made a false or misleading statement in the application for renewal of the aquaculture licence or the information or documentation required to be submitted with the application;

(d) the applicant has been convicted of an offence under this Act or the regulations;

(e) the minister determines that it would not be in the public interest; or

(f) another reason prescribed in the regulations.

2023 cA-13.1 s18

Suspension or cancellation of aquaculture licence

19. (1) The minister may suspend or cancel an aquaculture licence for one or more of the following reasons:

(a) the licensee contravened a term or condition of the aquaculture licence;

(b) the licensee contravened a provision of this Act or the regulations;

(c) the licensee made a false statement in an application, the information or documentation accompanying an application or a document required to be provided under this Act or the regulations;

(d) the licensee ceases to own or have the right to occupy the facility specified in the aquaculture licence;

(e) the applicant has been convicted of an offence under this Act or the regulations;

(f) the minister determines that it is in the public interest; or

(g) another reason prescribed in the regulations.

(2) Where the minister suspends an aquaculture licence, the minister may issue one or more orders respecting

(a) the maintenance, removal or destruction of cultured aquatic organisms at the facility;

(b) the maintenance of the facility;

(d) the disinfection of aquaculture gear, vehicles or the facility; and

(e) another matter prescribed in the regulations.

(3) Where the minister suspends an aquaculture licence, the licensee shall

(a) maintain the facility and the cultured aquatic organisms at the facility in accordance with the standards, practices and procedures set by the minister, unless otherwise directed by the minister;

(b) continue to care for any cultured aquatic organisms at the facility, including providing food and veterinary care and the necessary husbandry of the cultured aquatic organisms;

(d) report any incidents at the facility;

(e) follow any orders issued under this Act or the regulations; and

(f) no longer harvest or remove cultured aquatic organisms from the facility except in accordance with an order of the minister.

2023 cA-13.1 s19

Reinstatement of aquaculture licence

20. (1) A person whose aquaculture licence has been suspended may submit a request to the minister to reinstate the aquaculture licence.

(2) A request referred to in subsection (1) shall be

(a) submitted to the minister in the form and manner set by the minister; and

(b) accompanied by the information and documentation the minister determines necessary.

(3) The minister may reinstate an aquaculture licence where the person requesting the reinstatement of the aquaculture licence

(a) satisfies the requirements in subsection (2);

(b) complied with any orders issued by the minister under subsection 19(2); and

2023 cA-13.1 s20

Appeal

21. (1) An applicant or licensee may appeal a decision with respect to the issuance, amendment, renewal, suspension, cancellation or reinstatement of an aquaculture licence to the minister in writing, within 30 days of receipt of the decision.

(2) An appeal does not stay the operation of a decision pending the determination of the appeal unless the minister directs otherwise.

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Reporting

22. A licensee shall submit the reports and plans prescribed in the regulations in the form set by the minister to the department in the time period prescribed in the regulations.

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Identification of facility

23. A licensee shall identify a facility, including a facility that is covered by water, in accordance with the regulations.

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Personal property rights

24. All cultured aquatic organisms of the species specified in an aquaculture licence are, while contained within the boundaries of the facility, the exclusive personal property of, and belong to, the licensee until sold, traded, transferred or otherwise disposed of by the licensee.

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Prohibitions re: conduct of aquaculture

25. (1) A person shall not

(a) conduct aquaculture without an aquaculture licence;

(b) possess live cultured aquatic organisms, directly or indirectly, for the purpose of aquaculture other than in accordance with this Act or the regulations;

(d) cultivate broodstock at a facility except in accordance with the regulations.

(2) A licensee shall not

(a) conduct aquaculture at a facility other than the facility identified in the aquaculture licence;

(b) cultivate species of cultured aquatic organisms other than those specified in the aquaculture licence; or

2023 cA-13.1 s25

Prohibitions re: introduction, transfer and transport

26. (1) A person shall not transfer or transport live cultured aquatic organisms from one body of water or facility to another except in accordance with the regulations.

(2) A person shall not introduce live cultured aquatic organisms to a body of water or facility except in accordance with the regulations.

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Removal and restoration

27. (1) Where a person does not renew an aquaculture licence or the person's aquaculture licence is cancelled under this Act, the person who held the aquaculture licence shall, to the satisfaction of the minister in the time period determined by the minister, do the following:

(a) remove the aquaculture gear and cultured aquatic organisms from the facility; and

(b) restore the facility in accordance with the site restoration plan submitted in accordance with section 10.

(2) Where the minister believes on reasonable grounds that a person referred to in subsection (1) failed to comply with subsection (1), the minister or an inspector may

(a) remove one or both of the following from the facility:

(i) aquaculture gear, and

(ii) cultured aquatic organisms; and

(b) restore the facility.

(3) Before removing aquaculture gear or cultured aquatic organisms from a facility or restoring the facility in accordance with subsection (2), the minister or inspector shall give reasonable notice to the person referred to in subsection (1) or a person who, to the knowledge of the minister or the inspector, is a person responsible for the facility.

(4) Where the minister or an inspector removes aquaculture gear or cultured aquatic organisms from a facility or restores the facility under subsection (2),

(a) the aquaculture gear or cultured aquatic organisms removed from the facility become the property of the Crown; and

(b) the cost incurred to remove the aquaculture gear or cultured aquatic organisms or to restore the facility constitutes a debt owed to the Crown.

(5) In order to satisfy a debt referred to in subsection (4), the minister may

(a) draw on the financial or other security referred to in section 14; or

(b) sell the aquaculture gear or cultured aquatic organisms that were removed from the facility.

(6) Aquaculture gear or cultured aquatic organisms removed from a facility may be disposed of or destroyed by the minister or an inspector.

(7) Compensation is not payable by the Crown to a person referred to in subsection (1) for aquaculture gear or cultured aquatic organisms that become the property of the Crown under subsection (4).

(8) The validity of actions taken under this section is not affected by the inability of the minister or an inspector to give notice to the person referred to in subsection (1) where the person

(a) is not known, cannot be located or resides outside of the province; and

(b) has no known agent in the province.

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PART II
AQUACULTURE MANAGEMENT AREAS

Aquaculture management areas

28. (1) The minister may, with the approval of the minister responsible for Crown Lands, designate an area in the province as an aquaculture management area to conduct aquaculture.

(2) Where the minister designates aquaculture management areas under subsection (1), the minister may

(a) specify criteria for the designation of an aquaculture management area, the designation of aquaculture land and the designation and allocation of facilities;

(b) authorize, exclude or restrict aquaculture in an aquaculture management area;

(c) establish standards, procedures or guidelines specific to culture methods, hazards or containment of cultured aquatic organisms in an aquaculture management area;

(d) impose terms and conditions relating to an aquaculture management area on an aquaculture licence or classification of aquaculture licence; and

(e) prescribe by regulation the requirements for licensees operating in an aquaculture management area.

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PART III
ENVIRONMENTAL AND WASTE MANAGEMENT

Environmental and waste management

29. A licensee shall comply with

(a) the environmental and waste management plan submitted in accordance with section 10; and

(b) the requirements related to environmental and waste management prescribed in the regulations.

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PART IV
CONTAINMENT

Containment

30. (1) A licensee shall contain the licensee's cultured aquatic organisms within the boundaries of the facility specified in the aquaculture licence, in accordance with the standards, if any, prescribed in the regulations.

(2) A licensee shall

(a) ensure that aquaculture gear is designed, installed and used in accordance with the requirements prescribed in the regulations;

(b) handle cultured aquatic organisms in accordance with the requirements prescribed in the regulations;

(d) provide inventory reconciliation reports and reports relating to net inspections, net testing and net cleaning to the minister in the form and manner set by the minister.

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Escape event

31. Where there is an escape event at a facility, the licensee shall

(a) notify the department in the form and manner and in the time period prescribed in the regulations;

(b) immediately provide the animal health records to the chief aquaculture veterinarian; and

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Aquaculture gear outside boundary of facility

32. (1) Where the aquaculture gear of a licensee moves, or is moved, outside the boundaries of the facility, the licensee shall remove the aquaculture gear from the area to which it moved, or was moved, in the time period set by the minister.

(2) Where a licensee does not comply with subsection (1), the minister or an inspector may remove the aquaculture gear.

(3) Before removing the aquaculture gear in accordance with subsection (2), the minister or inspector shall give reasonable notice to the licensee.

(4) Where the minister or an inspector removes aquaculture gear,

(a) the aquaculture gear removed becomes the property of the Crown; and

(b) the cost incurred to remove it shall constitute a debt owed to the Crown.

(5) In order to satisfy a debt referred to in subsection (4), the minister may

(a) draw on the financial or other security referred to in section 14; or

(b) sell the aquaculture gear that was removed.

(6) Aquaculture gear removed under subsection (2) may be disposed of or destroyed by the minister or an inspector.

(7) Compensation is not payable by the Crown to a licensee for aquaculture gear that becomes the property of the Crown under subsection (4).

(8) The validity of actions taken under this Act is not affected by the inability of the minister or an inspector to give notice to the person referred to in subsection (1) where the person

(a) is not known, cannot be located or resides outside of the province; and

(b) has no known agent in the province.

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PART V
AQUATIC ANIMAL HEALTH

Chief aquaculture veterinarian

33. (1) The minister shall appoint a veterinarian who is an employee of the department as the chief aquaculture veterinarian.

(2) The chief aquaculture veterinarian shall exercise the powers and perform the duties imposed on the chief aquaculture veterinarian under this Act and the regulations.

(3) The minister or chief aquaculture veterinarian may designate one or more veterinarians who are employees of the department to act on the chief aquaculture veterinarian's behalf.

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Aquatic animal health surveillance

34. (1) A licensee shall comply with the requirements prescribed in the regulations relating to aquatic animal health surveillance and audits.

(2) The chief aquaculture veterinarian shall designate veterinarians, veterinarian technicians and laboratories for the purposes of aquatic animal health surveillance.

(3) For the purposes of subsection (1), a licensee shall allow employees of the department access to the facility for the purposes of assessing biosecurity and aquatic animal health and welfare.

2023 cA-13.1 s34

Biosecurity

35. (1) A licensee shall comply with

(a) the biosecurity plan included in the Aquatic Animal Health Plan submitted in accordance with section 10; and

(b) the requirements prescribed in the regulations relating to biosecurity including allowing employees of the department access to the following for the purposes of conducting a biosecurity audit:

(i) the facility,

(ii) cultured aquatic organisms,

(iii) aquaculture products,

(iv) aquaculture gear,

(v) locations where cultured aquatic organisms, aquaculture products, aquaculture gear, feed and aquaculture samples are kept,

(vi) locations where aquaculture activities occur,

(vii) vehicles used to move cultured aquatic organisms, aquaculture products or aquaculture gear, and

(viii) any premises where any property, books or records respecting aquaculture are or may be kept.

(2) An employee of the department conducting biosecurity audits in accordance with this Act and the regulations has the power to do one or more of the following:

(a) enter and audit

(i) a facility,

(ii) vehicles used to move cultured aquatic organisms, aquaculture products or aquaculture gear,

(iii) locations where cultured aquatic organisms, aquaculture products, aquaculture gear, feed and aquaculture samples are kept, and

(iv) locations where aquaculture activities occur;

(b) access and audit aquaculture gear;

(d) review both written and electronic records; and

(e) carry out any other activity prescribed in the regulations.

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Provincially reportable diseases

36. The minister shall establish a list of diseases which are required to be reported to the chief aquaculture veterinarian.

2023 cA-13.1 s36

Reportable diseases

37. Where a licensee detects a provincially reportable disease or a federally reportable disease at a facility, the licensee shall

(a) notify the chief aquaculture veterinarian in the form and manner and in the time period prescribed in the regulations; and

(b) comply with the requirements prescribed in the regulations.

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Abnormal mortality event

38. Where an abnormal mortality event occurs at a facility or at a location where cultured aquatic organisms are being held, the licensee shall

(a) notify the department in the form and manner and in the time period prescribed in the regulations; and

(b) comply with the requirements prescribed in the regulations.

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Protection from liability

39. An action or other proceeding shall not be instituted against a person who, in good faith, makes a report of a provincially reportable disease, federally reportable disease or abnormal mortality event in accordance with this Act or the regulations.

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Powers of chief aquaculture veterinarian re: event

40. Where there is an alleged provincially reportable disease, federally reportable disease or abnormal mortality event, the chief aquaculture veterinarian may do one or more of the following:

(a) direct an employee of the department to investigate it;

(b) cause tests or other veterinary diagnostics to be made to try to determine the nature and source of it; and

(c) take measures for the suppression, limitation or treatment of it, including making an order directing a person to take or refrain from taking any action that is specified in the order.

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Orders of chief aquaculture veterinarian

41. (1) The chief aquaculture veterinarian may order a licensee to take measures that the chief aquaculture veterinarian considers necessary to prevent the spread of pathogen, parasites and disease and to protect the health and welfare of cultured aquatic organisms, including measures relating to

(a) the isolation, quarantine, detention, treatment, removal, disposal or destruction of cultured aquatic organisms or aquaculture products;

(b) the disposal or destruction of feed and aquaculture gear;

(c) the quarantine, detention or prohibition of movement or transport of cultured aquatic organisms, aquaculture products, aquaculture gear and vehicles; and

(d) the disinfection of vehicles, aquaculture gear and containers.

(2) Where the chief aquaculture veterinarian issues an order to a licensee under subsection (1), the licensee shall comply with the order.

(3) Where the chief aquaculture veterinarian issues an order under this Act or the regulations, the chief aquaculture veterinarian may amend, cancel or reinstate the order at any time.

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PART VI
PUBLIC REPORTING

Public reporting

42. A licensee shall, in accordance with the regulations, report the following to the public in the form, manner and time period prescribed in the regulations:

(a) a confirmed escape event at the facility;

(b) the confirmed detection of a federally reportable disease at the facility;

(d) a depopulation order issued to the facility;

(e) an incident event at the facility;

(f) a response plan in relation to an incident event; and

(g) any other matter the minister determines should be reported to the public.

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PART VII
INSPECTIONS

Inspectors

43. (1) The minister may designate persons or classes of persons to act as inspectors for the purpose of this Act and the regulations.

(2) An inspector has the powers of a peace officer to enforce this Act and the regulations and when performing duties is entitled to the protections to which a peace officer is entitled to under the Criminal Code .

(3) A person shall not hinder, obstruct, attempt to obstruct, interfere with, threaten, harass or fail to cooperate with an inspector in the exercise of the inspector's duties or functions under this Act or the regulations.

(4) A person shall not knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is exercising powers or carrying out duties or functions under this Act or the regulations or refuse to provide an inspector with information as required by this Act or the regulations.

(5) A person shall not falsely represent to be an inspector, officer or other person designated by the minister or use a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that the person is an inspector, officer or other person designated by the minister.

2023 cA-13.1 s43

Powers of inspectors

44. (1) An inspector may, at all reasonable times, for purposes related to the administration or enforcement of this Act or the regulations, inspect or examine the premises, processes, books and documents of a person that the inspector may consider relevant for the purpose of determining compliance with this Act or the regulations, and the inspector may, without a warrant,

(a) enter any premises where the inspector has reason to believe that

(i) cultured aquatic organisms that are farmed or used in the conduct of aquaculture are contained, transported, loaded or unloaded,

(ii) feed that is used in the conduct of aquaculture is contained, transported, loaded or unloaded,

(iii) aquaculture gear is cleaned, repaired, maintained, contained, transported, loaded or unloaded,

(iv) property, books or documents related to aquaculture are or may be kept, or

(v) anything has been done or is being done in connection with a requirement of this Act or the regulations;

(b) enter a vehicle that the inspector has reason to believe is used in the conduct of aquaculture;

(d) make copies, extracts, photographs or videos the inspector considers necessary;

(e) require the owner or person in charge of a premises to give the inspector all reasonable assistance, including producing books and documents as requested by the inspector, taking samples, carrying out tests and examinations the inspector requires and answering all questions relating to the administration or enforcement of this Act or the regulations and, for that purpose, require the owner or person in charge to attend at the premises with the inspector; and

(f) require the owner or person in charge to make available

(i) the necessary equipment or means to view and generate books and documents that are in machine readable or electronic form, and

(ii) any information necessary for the inspector to access the books and documents.

(2) Notwithstanding subsection (1), an inspector shall not enter a dwelling-house without the consent of the occupant except under the authority of a warrant issued under section 47 or 48.

2023 cA-13.1 s44

Order of inspector

45. (1) Where an inspector considers it necessary, the inspector may order a licensee or other person responsible for aquaculture gear, a facility or other place referred to in subsection 44(1) to take measures to

(a) prevent the escape of a cultured aquatic organism; and

(b) ensure that aquaculture is conducted in accordance with the terms, conditions and provisions of an aquaculture licence, this Act and the regulations and, where applicable, an order issued under this Act or the regulations.

(2) Where an inspector finds that a person is not in compliance with a provision of this Act or the regulations, the inspector may order the person to comply with the provision.

(3) An inspector may require an order under this section to be carried out immediately or within the period of time that the inspector specifies.

2023 cA-13.1 s45

Proof of identity

46. (1) Where an inspector has reasonable and probable grounds to believe that a person is in contravention of this Act or the regulations, the inspector may require the person to provide identification information for the purpose of enforcing this Act or the regulations.

(2) A person who is required to provide identification under subsection (1) shall confirm the person's identity by

(a) giving the inspector the person's correct name and address; and

(b) providing the inspector with the supporting documents sufficient for identification purposes.

2023 cA-13.1 s46

Contravention of Act suspected

47. (1) Where during the course of an inspection under section 44 or otherwise an inspector believes on reasonable grounds that there has been a contravention of this Act or the regulations, the inspector may, with a warrant issued under subsection (2) or section 48, seize and take away anything that may provide evidence with respect to a suspected offence under this Act or the regulations and may retain those things until the time they are required in a court proceeding.

(2) A Provincial Court judge who is satisfied upon oath or affirmation that there are reasonable grounds for believing that there is in or on a premises anything that may provide evidence with respect to a suspected offence under this Act or the regulations, may issue a warrant authorizing an inspector to enter the premises for the purpose of investigating the suspected offence and to

(a) search ;

(b) examine the contents of the premises and make those inquiries that the inspector considers necessary;

(d) take into custody or release from seized aquaculture gear live cultured aquatic organisms;

(e) order a person whom the inspector reasonably believes to have committed an offence, to remove and relinquish to the custody of the inspector the aquaculture gear or other thing and where applicable, cultured aquatic organisms; and

(f) order a person having custody of cultured aquatic organisms, aquaculture gear or other things that will give evidence with respect to the offence, to detain the cultured aquatic organisms, aquaculture gear or other thing in the place where they are seized and, in the case of cultured aquatic organisms deal with them in accordance with orders that may be issued by the minister.

(3) Where aquaculture gear or live cultured aquatic organisms are taken into custody or an order is made under paragraph (2)(e) or (f), an inspector shall ensure that all life support equipment is kept with the live cultured aquatic organisms.

(4) Where a document or data is seized under subsection (1) or (2), a copy of that document or data, on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this Act and has the same probative force as the original.

(5) Notwithstanding subsection (2), an inspector may exercise the powers of search and seizure referred to in that subsection without a warrant where the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

(6) For the purpose of subsection (5), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

2023 cA-13.1 s47

Telewarrant

48. (1) Where, in the opinion of an inspector it would not be practical to appear before a Provincial Court judge to apply for a warrant, the inspector may make the application by telephone or other means of telecommunication.

(2) Where an inspector acts under the authority of a warrant obtained under this section, the inspector shall provide a facsimile of the warrant to the owner or person in charge of a premises present at the time the warrant is carried out.

(3) In subsection (2), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation.

2023 cA-13.1 s48

Detention and disposition of things seized

49. (1) Anything seized or removed under section 47 may be detained for a period not greater than 180 days following the day of seizure or removal, unless during that period, proceedings under this Act in respect of the things seized are undertaken, in which case the things may be further detained until the proceedings are finally concluded.

(2) Where a cultured aquatic organism or other thing seized under section 47 may become tainted, decomposed or unwholesome or otherwise perish or there is a risk that detaining the cultured aquatic organism or other thing may cause the spread of pathogenic agents, the cultured aquatic organisms or other thing may be sold, disposed of, removed or destroyed.

(3) The minister may issue orders respecting the detention, quarantine, maintenance, removal, sale, disposal or destruction of cultured aquatic organisms that have been seized or removed under section 47.

(4) Where cultured aquatic organisms, aquaculture gear or other things are seized or removed under section 47, a person having an interest in them may apply to a Provincial Court judge for their return or for an amendment or cancellation of an order made under paragraph 47(2)(f).

(5) A Provincial Court judge may order the return of the cultured aquatic organisms, aquaculture gear or other thing or an amendment or cancellation of an order made under paragraph 47(2)(f) where

(a) the judge is satisfied that the retention or detention of the cultured aquatic organisms, aquaculture gear or other thing is not necessary as evidence of the commission of an offence; or

(b) the applicant posts a bond or other form of security in an amount satisfactory to the judge.

(6) Where the ownership of aquaculture gear or other thing that is not perishable seized under section 47 cannot, at the time of and within 180 days of seizure, be ascertained by the inspector who has made that seizure, that aquaculture gear or other thing is forfeited to the Crown and may be disposed of as directed by the minister.

(7) For the purpose of preserving the identity of cultured aquatic organisms, aquaculture gear or other things seized or removed under section 47, an inspector may attach to the cultured aquatic organisms, aquaculture gear or other thing a numbered tag or other form of identification in the form set by the minister.

(8) A person shall not

(a) remove or alter a tag or other form of identification attached to a cultured aquatic organism, aquaculture gear or other thing under subsection (7);

(b) remove cultured aquatic organisms detained under this section unless directed by the minister; or

2023 cA-13.1 s49

Special purpose account

50. (1) The proceeds of a sale referred to in section 49 shall be paid into a non-interest bearing special purpose account

(a) established in the Consolidated Revenue Fund; and

(b) administered by the deputy minister of the department or the deputy minister's delegate.

(2) The deputy minister of the department or the delegate shall keep and maintain records of sales and proceeds paid into and out of a special purpose account under this Act.

2023 cA-13.1 s50

Disposition on conclusion of proceedings

51. (1) Where proceedings are not taken following a seizure or removal under section 47 or where they are taken and the person charged is acquitted of the charge or the charge is dismissed or withdrawn,

(a) the inspector or other person having the custody of the thing seized or removed shall return it to the person from whom it was seized or received;

(b) where the cultured aquatic organisms or thing is sold under section 49, the minister shall pay the proceeds of the sale to the person from whom the thing was seized or received; and

(2) Where a person is convicted of an offence under this Act or the regulations, the judge before whom the person is convicted shall, in addition to another penalty imposed under this Act,

(a) order that the cultured aquatic organisms, aquaculture gear or other thing in relation to which the offence was committed be

(i) seized or removed,

(ii) destroyed,

(iii) harvested and sold and the proceeds of the sale forfeited to the Crown,

(iv) forfeited to the Crown, or

(v) disposed of as the minister directs;

(b) order that proceeds in a special purpose account following a sale under section 49 be forfeited to the Crown and paid immediately into the Consolidated Revenue Fund; and

(c) where a bond or other security has been posted under paragraph 49(5)(b), call upon the bond or other security and order the person posting it to pay immediately the amount of the bond or other security into the Consolidated Revenue Fund.

2023 cA-13.1 s51

PART VIII
ADMINISTRATIVE PENALTIES

Administrative penalties

52. (1) Where the minister is of the opinion that a person has committed, as specified by regulation, a contravention of this Act or the regulations for which an administrative penalty applies, the minister or a person authorized by the minister may, in writing, provide notice to the person to pay to the government of the province an administrative penalty in the amount set out in the notice for each contravention.

(2) A person who pays an administrative penalty with respect to a contravention may not be ticketed under the Provincial Offences Act and regulations or charged with an offence under this Act with respect to that contravention.

(3) Where a person fails to pay an administrative penalty in accordance with a notification under subsection (1), the government of the province may recover the amount owing in respect of the penalty as a debt owed to the Crown.

(4) For the purpose of this section, an administrative penalty is a monetary penalty imposed in accordance with the regulations for a contravention of this Act or the regulations.

2023 cA-13.1 s52

PART IX
TICKETING, OFFENCES AND PENALTIES

Ticketing

53. An inspector may commence proceedings, which may be in the form of a ticket issued in accordance with the Provincial Offences Act and regulations in respect of a violation of this Act or the regulations.

2023 cA-13.1 s53

Offence

54. A person who

(a) contravenes a provision of this Act or the regulations;

(b) contravenes a term or condition of an aquaculture licence;

(d) knowingly provides false or misleading information required under this Act or the regulations or knowingly does not provide information as required under this Act or the regulations,

is guilty of an offence.

2023 cA-13.1 s54

Penalties

55. (1) A person found guilty of an offence under this Act or the regulations is liable on summary conviction

(a) for a first offence, to a fine of not less than $5,000 and not more than $20,000 or to imprisonment for a term of not less than one month or not more than 6 months or to both a fine and imprisonment;

(b) for a second offence, to a fine of not less than $20,000 and not more than $50,000 or to imprisonment for a term of not less than 2 months or more than 6 months, or to both a fine and imprisonment; and

(c) for a third or subsequent offence, to a fine of not less than $50,000 and not more than $100,000 or to imprisonment for a term of not less than 3 months or more than 6 months, or to both a fine and imprisonment.

(2) Each contravention of this Act or the regulations constitutes a new and separate offence.

(3) Where an offence under this Act or the regulations is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day or part of the day on which the offence is committed or continued.

(4) For the purpose of paragraphs (1)(b) and (c), a person shall be considered to have committed a subsequent offence where that person is convicted of an offence under this Act or the regulations within 2 years of being convicted of a first offence under this Act or the regulations.

(5) Notwithstanding subsection (1), where, with respect to an offence under this Act or the regulations, a complaint is laid and a summons issued by means of a ticket in accordance with the Provincial Offences Act , a person found guilty of that offence is liable on summary conviction to a fine that may be established by regulation.

2023 cA-13.1 s55

Limitation period

56. A prosecution under this Act or the regulations shall be commenced within 3 years of the date upon which the deputy minister of the department becomes aware of the alleged offence.

2023 cA-13.1 s56

PART X
REGULATIONS

Lieutenant-Governor in Council regulations

57. The Lieutenant-Governor in Council may make regulations

(a) prescribing exemptions from the application of this Act;

(b) prescribing terms and conditions for an exemption from the application of this Act;

(d) respecting the cultivation of broodstock at a facility;

(e) respecting the transfer or transport of live cultured aquatic organisms for the purposes of subsection 26(1);

(f) respecting the introduction of live cultured aquatic organisms to a body of water or facility for the purposes of subsection 26(2);

(g) prescribing requirements relating to environmental and waste management for the purposes of paragraph 29(b);

(h) respecting the contravention of sections of this Act and the regulations for which an administrative penalty may be imposed and the time and manner in which the administrative penalties may be imposed and collected;

(i) respecting the contravention of sections of this Act and the regulations for which proceedings may be commenced in the form of a ticket issued under the Provincial Offences Act and regulations and the fines associated with the contraventions;

(j) defining a word or phrase used but not defined in this Act; and

(k) generally, to give effect to this Act .

2023 cA-13.1 s57

Ministerial regulations

58. The minister may make regulations

(a) prescribing duties of the registrar;

(b) respecting the establishment and maintenance of a registry and the documents to be kept in the registry;

(d) prescribing the classification of aquaculture licences;

(e) prescribing the information to be included in an aquaculture licence;

(f) prescribing reasons the minister may refuse to issue an aquaculture licence;

(g) prescribing reasons the minister may refuse to renew an aquaculture licence;

(h) prescribing reasons the minister may suspend or cancel an aquaculture licence;

(i) prescribing types of orders the minister may issue where the minister suspends an aquaculture licence;

(j) prescribing reports and plans required to be submitted to the minister and the time periods in which the reports and plans are to be submitted;

(k) prescribing requirements relating to aquaculture management areas for the purposes of paragraph 28(2)(e);

(l) prescribing standards for containment for the purposes of subsection 30(1);

(m) prescribing requirements relating to aquaculture gear for the purposes of paragraph 30(2)(a);

(n) prescribing requirements relating to handling cultured aquatic organisms for the purposes of paragraph 30(2)(b);

(o) respecting the monitoring and inspections of aquaculture gear for the purposes of paragraph 30(2)(c);

(p) prescribing the form, manner and time period in which a licensee is required to notify the department of an escape event at a facility;

(q) prescribing the form, manner and time period in which a licensee is required to notify the public of an escape event at a facility;

(r) prescribing the requirements relating to escape events for the purposes of paragraph 31(c);

(s) prescribing additional powers and duties of the chief aquaculture veterinarian;

(t) prescribing the requirements relating to aquatic animal health surveillance and audits for the purposes of section 34;

(u) prescribing the requirements relating to biosecurity for the purposes of paragraph 35(1)(b);

(v) prescribing activities which may be done by an employee conducting a biosecurity audit for the purposes of paragraph 35(2)(e);

(w) prescribing the form, manner and time period in which a licensee is required to notify the chief aquaculture veterinarian of the detection of a provincially reportable disease or a federally reportable disease at a facility;

(x) prescribing the requirements relating to the detection of provincially reportable diseases and federally reportable diseases for the purposes of paragraph 37(b);

(y) prescribing the form, manner and time period in which a licensee is required to notify the department of an abnormal mortality event at a facility;

(z) prescribing the requirements relating to an abnormal mortality event for the purposes of paragraph 38(b);

(aa) prescribing the form, manner and time period in which a licensee is required to notify the public for the purposes of section 42;

(bb) defining a word or phrase used but not defined in this Act; and

(cc) generally, to give effect to this Act.

2023 cA-13.1 s58

Adoption by reference

59. (1) The Lieutenant-Governor in Council or the minister may in addition to or instead of regulations made under sections 57 and 58 adopt by reference and constitute as regulations the whole or part or provisions of a code adopted or standards fixed, with or without modification, and including amendments to the code or standard of an organization acceptable to the Lieutenant-Governor in Council or the minister.

(2) A certificate of the minister that a document is a copy of a code or standard referred to in subsection (1) or an extract from, a modification of, or an amendment to, a code or standard is without further proof presumptive evidence of the content of that code, standard, extract or amendment.

2023 cA-13.1 s59

PART XI
GENERAL

Protection from liability

60. (1) The minister, chief aquaculture veterinarian, an inspector, an employee of the department, a person authorized under this Act or a person directed by them shall not be liable for anything done in good faith in the exercise or performance of a power, duty or function conferred or imposed on them under this Act.

(2) An action for damages does not lie against the minister, the chief aquaculture veterinarian, an inspector, an employee of the department, a person authorized under this Act or a person directed by them, for anything done or omitted to be done in good faith under this Act or the regulations.

2023 cA-13.1 s60

Debt due to the Crown

61. (1) Where there is a debt owed to the Crown under this Act, the minister may issue a certificate stating the amount due and remaining unpaid to the Crown and the name of the person by whom it is payable, and file the certificate with the Supreme Court.

(2) Where a certificate is filed with the Supreme Court under subsection (1) it is of the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Supreme Court for the recovery of the amount stated in the certificate against the person named in the certificate.

(3) A person named in the certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Supreme Court for a review of the certificate, on a question of law or jurisdiction.

(4) On application under subsection (3), the judge may make an amendment to the certificate that is necessary to make the certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge made under this section.

(6) A certificate filed under this section may also be filed in the judgement enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

2023 cA-13.1 s61

Fees and forms

62. The minister may set fees and establish forms for the purpose and administration of this Act.

2023 cA-13.1 s62

Status of orders

63. An order issued under this Act is not subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act .

2023 cA-13.1 s63

Statutory review

64. The minister shall, every 5 years, perform a review of this Act and the regulations made under it, the principles upon which it is based, and consider the areas in which it may be improved and report the findings to the Lieutenant-Governor in Council.

2023 cA-13.1 s64

PART XII
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

SNL2010 cA-9.1 Amdt.

65. Subsection 4(3) of the Animal Health and Protection Act is amended by deleting the reference "Aquaculture Act " and substituting the reference "Aquaculture Act, 2023 ".

2023 cA-13.1 s65

SNL1991 c36 Amdt.

66. Subsection 7(3) of the Lands Act is amended by deleting the reference "Aquaculture Act " and substituting the reference "Aquaculture Act, 2023 ".

2023 cA-13.1 s66

NLR 74/07 Amdt.

67. (1) Subsection 3(2) of the Fish Inspection Administrative Regulations is amended by deleting the reference "Aquaculture Act " and substituting the reference "Aquaculture Act, 2023 ".

(2) Paragraph 4(a) of the Fish Inspection Administrative Regulations is amended by deleting the reference "Aquaculture Act " and substituting the reference "Aquaculture Act, 2023 ".

2023 cA-13.1 s67

NLR 76/07 Amdt.

68. (1) Subsection 35(2) of the Fish Inspection Operations Regulations is amended by deleting the reference "Aquaculture Act " and substituting the reference "Aquaculture Act, 2023 ".

(2) Subsection 35(3) of the Fish Inspection Operations Regulation is amended by deleting the reference "Aquaculture Act " and substituting the reference "Aquaculture Act, 2023 ".

2023 cA-13.1 s68

NLR 78/99 Amdt.

69. Section 2 of the Provincial Offences Ticket Regulations, 1999 made under the Provincial Offences Act is amended by adding immediately after paragraph (h.2) the following:

(h.3) a provision of the Aquaculture Act, 2023 or a regulation made under that Act;

2023 cA-13.1 s69

RSNL1990 cA-13 Rep.

70. The Aquaculture Act is repealed.

2023 cA-13.1 s70

Commencement

71. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.

2023 cA-13.1 s71

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