| |
NEWFOUNDLAND AND LABRADOR
REGULATION 72/25
Aquaculture Ticket Offences Regulations
under the
Aquaculture Act, 2023
(O.C. 2025-217)
(Filed August 7, 2025)
Under the authority of section 57 of the Aquaculture Act, 2023,
the Lieutenant-Governor in Council makes the following regulations.
Dated at St. John’s, August 6, 2025.
Denis Mahoney K.C.
Clerk of the Executive Council
REGULATIONS
Analysis
Short title
1.
These regulations may be cited as the Aquaculture Ticket Offences Regulations.
72/25 s1
Back to Top
Definitions
2.
In these regulations "Act" means the Aquaculture Act, 2023.
72/25 s2
Back to Top
Ticketable offence
3.
A violation of a provision of the Act or the regulations listed in the Schedules is an offence for which a ticket may be issued under the Provincial Offences Act
and regulations under that Act.
72/25 s3
Back to Top
Penalty for offence
4.
(1) A person who contravenes a provision of the Act or the regulations is guilty of an offence and, where the complaint is laid and summons issued by means of a ticket, is liable for a first offence or subsequent offence, where applicable, to a fine in the amount prescribed in the Schedules.
(2)
Where a complaint is laid and a summons issued other than by way of a ticket, the penalties set out in the Act apply.
72/25 s4
Back to Top
Subsequent offence
5.
With respect to those provisions referred to in the Schedules, a person shall be considered to be
convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence.
72/25 s5
Back to Top
Commencement
6.
These regulations come into force on the day the Aquaculture Act, 2023
comes into force.
72/25 s6
Back to Top
Schedule A
Aquaculture Act, 2023
Penalties
|
|
|
|
|
|
|
A fine in the dollar amount indicated
|
|
|
|
First offence
|
Second offence
|
Third and subsequent offence
|
13(a)
|
Failure to retain a veterinarian where required by the minister
|
$7,500
|
$10,000
|
$15,000
|
13(b)
|
Failure to provide veterinarian services in the circumstances specified by the minister
|
$5,000
|
$7,500
|
$10,000
|
15(2)
|
Failure to comply with terms and conditions of aquaculture licence
|
$1,000
|
$3,000
|
$5,000
|
17
|
Failure to pay annual licence
fee by date set by minister
|
$250
|
$500
|
$1,000
|
19(3)(a)
|
Failure to maintain facility and cultured aquatic organisms at the facility after suspension of aquaculture licence
|
$7,500
|
$10,000
|
$15,000
|
19(3)(b)
|
Failure to continue to care for cultured aquatic organisms at the facility after suspension of aquaculture licence
|
$50,000
|
$75,000
|
$100,000
|
19(3)(c)
|
Failure to continue to maintain aquaculture gear at the facility after suspension of aquaculture licence
|
$2,500
|
$5,000
|
$7,500
|
19(3)(d)
|
Failure to report incidents at the facility after suspension of aquaculture licence
|
$7,500
|
$10,000
|
$15,000
|
19(3)(e)
|
Failure to follow orders issued under Act or regulations after suspension of licence
|
$15,000
|
$20,000
|
$25,000
|
19(3)(f)
|
Harvesting or removing cultured aquatic organisms from a facility after suspension of aquaculture licence
|
$7,500
|
$10,000
|
$15,000
|
25(1)(a)
|
Conducting aquaculture without an aquaculture licence
|
$15,000
|
$20,000
|
$25,000
|
25(1)(b)
|
Possessing live cultured aquatic organisms for the purpose of aquaculture other than in accordance with Act or regulations
|
$7,500
|
$10,000
|
$15,000
|
25(1)(c)
|
Removing cultured aquatic organisms at a facility without consent of licensee
|
$5,000
|
$7,500
|
$10,000
|
25(2)(a)
|
Conducting aquaculture at a facility other than the facility identified in aquaculture licence
|
$7,500
|
$10,000
|
$15,000
|
25(2)(b)
|
Cultivating species of cultured aquatic organisms other than those specified in aquaculture licence
|
$7,500
|
$10,000
|
$15,000
|
25(2)(c)
|
Cultivating strains of cultured aquatic organisms other than those specified in aquaculture licence
|
$7,500
|
$10,000
|
$15,000
|
27(1)(a)
|
Failure to remove aquaculture gear and cultured aquatic organisms from facility
|
$10,000
|
$15,000
|
$20,000
|
27(1)(b)
|
Failure to restore facility in accordance with site restoration plan
|
$10,000
|
$15,000
|
$20,000
|
29(a)
|
Failure to comply with environmental and waste management plan
|
$5,000
|
$7,500
|
$10,000
|
30(2)(d)
|
Failure to provide inventory reconciliation reports and reports relating to nets in the form and manner set by the minister
|
$3,000
|
$6,000
|
$9,000
|
31(b)
|
Failure to provide animal health records to the chief aquaculture veterinarian
|
$5,000
|
$7,500
|
$10,000
|
32(1)
|
Failure to remove aquaculture gear in time period
set by the minister
|
$3,000
|
$6,000
|
$9,000
|
34(3)
|
Failure to allow employees of the department access to facility to assess biosecurity and aquatic animal health and welfare
|
$5,000
|
$7,500
|
$10,000
|
35(1)(a)
|
Failure to comply with biosecurity plan
|
$5,000
|
$7,500
|
$10,000
|
35(1)(b)
|
Failure to allow employees of the department access to prescribed item for the purposes of conducting a biosecurity audit
|
$5,000
|
$7,500
|
$10,000
|
41(2)
|
Failure to comply with order issued by chief aquaculture veterinarian
|
$20,000
|
$40,000
|
$60,000
|
43(3)
|
Hindering, obstructing, attempting to obstruct, interfering with, threatening, harassing or failing to cooperate with inspector
|
$5,000
|
$7,500
|
$10,000
|
43(4)
|
Knowingly making false or misleading statement to an inspector
|
$5,000
|
$7,500
|
$10,000
|
43(5)
|
Falsely representing to be an inspector or using items likely to cause persons to believe that the person is an inspector
|
$5,000
|
$7,500
|
$10,000
|
45(1)
|
Failure to take measures ordered by the inspector
|
$5,000
|
$7,500
|
$10,000
|
45(2)
|
Failure to comply with order of inspector
|
$5,000
|
$7,500
|
$10,000
|
46(1)
|
Failure to provide identification information required by the inspector
|
$5,000
|
$7,500
|
$10,000
|
46(2)(a)
|
Giving an inspector an incorrect name or address
|
$5,000
|
$7,500
|
$10,000
|
46(2)(b)
|
Failure to provide supporting documents for identification purposes
|
$5,000
|
$7,500
|
$10,000
|
49(8)(a)
|
Removing or altering tag or other form of identification attached to cultured aquatic organism, aquaculture gear or other thing
|
$5,000
|
$7,500
|
$10,000
|
49(8)(b)
|
Removing detained cultured aquatic organisms without direction to do so by the minister
|
$10,000
|
$15,000
|
$20,000
|
49(8)(c)
|
Removing detained aquaculture gear or other things
|
$10,000
|
$15,000
|
$20,000
|
72/25 Sch. A
Back to Top
Schedule B
Aquaculture Regulations, 2025
Penalties
|
|
|
|
|
|
|
|
|
|
|
7(1)(a) |
Failure to keep each facility marked during term of licence
|
$1,000 |
$3,000 |
$5,000 |
7(1)(b) |
Failure to mark each corner buoy as prescribed |
$1,000 |
$3,000 |
$5,000 |
7(1)(c) |
Failure to place mooring lines of the facility markings as prescribed |
$3,000 |
$6,000 |
$9,000 |
8(2)(a) |
Failure to submit an annual aquatic animal health management plan |
$3,000 |
$6,000 |
$9,000 |
9(1)(a) |
Failure to leave aquaculture facilities fallow as prescribed |
$7,500 |
$10,000 |
$12,500 |
9(1)(b) |
Failure to adhere to the minimum distances between aquaculture facilities |
$7,500 |
$10,000 |
$12,500 |
9(1)(c) |
Failure to only introduce cultured aquatic organisms to facility that meets size requirements determined by minister or chief aquaculture veterinarian |
$7,500 |
$10,000 |
$12,500 |
9(1)(d) |
Stocking more than one species of cultured aquatic organisms at a facility |
$7,500 |
$10,000 |
$12,500 |
9(1)(e) |
Stocking more than one year class of cultured aquatic organisms at a facility |
$7,500 |
$10,000 |
$12,500 |
9(1)(f) |
Failure to ensure that any movement of equipment and vehicles between aquaculture management areas complies with conditions determined by minister or chief aquaculture veterinarian |
$7,500 |
$10,000 |
$12,500 |
9(1)(g) |
Failure to ensure that the use of wharves within an aquaculture management area complies with conditions determined by the minister or chief aquaculture veterinarian |
$7,500 |
$10,000 |
$12,500 |
10(2)(a) |
Failure to ensure that aquaculture gear is designed, installed and used in accordance with section 4.1 of the Code of Containment |
$7,500 |
$10,000 |
$12,500 |
10(2)(b) |
Failure to handle cultured aquatic organisms in accordance with section 4.2 of the Code of Containment |
$7,500 |
$10,000 |
$12,500 |
10(2)(c) |
Failure to monitor and inspect aquaculture gear in accordance with section 4.4 of the Code of Containment |
$7,500 |
$10,000 |
$12,500 |
11(1)(a) |
Failure to immediately notify any persons required to be notified under the Code of Containment of an escape event |
$10,000 |
$15,000 |
$20,000 |
11(1)(b) |
Failure to provide animal health records to the chief aquaculture veterinarian |
$5,000 |
$7,500 |
$10,000 |
11(2) |
Failure to provide a written report regarding an escape event to the department within 72 hours |
$5,000 |
$7,500 |
$10,000 |
11(3) |
Failure to include prescribed information in a report under subsection 11(2) |
$1,000 |
$3,000 |
$5,000 |
13(a) |
Failure to comply with species-specific surveillance plans established by the chief aquaculture veterinarian |
$7,500 |
$10,000 |
$15,000 |
13(b) |
Failure to comply with species-specific integrated pest management plans established by the chief aquaculture veterinarian |
$7,500 |
$10,000 |
$15,000 |
13(c) |
Failure to provide tissue samples and diagnostic test results as directed by the chief aquaculture veterinarian |
$7,500 |
$10,000 |
$15,000 |
13(d) |
Failure to comply with species-specific guidelines established by the chief aquaculture veterinarian for the protection of the welfare of cultured aquatic organisms |
$7,500 |
$10,000 |
$15,000 |
13(e) |
Failure to comply with requirements established by the chief aquaculture veterinarian relating to the cleaning and disinfecting of aquaculture gear or a vessel, boat or barge that enters the province from another province or country |
$7,500 |
$10,000 |
$15,000 |
14(1) |
Failure to provide the prescribed information in the required time period
before aquaculture gear or vessel, boat or barge enters the province from another province or country |
$7,500 |
$10,000 |
$15,000 |
14(3) |
Failure to comply with the biosecurity plan when moving aquaculture gear or a vessel, boat or barge within the province |
$7,500 |
$10,000 |
$15,000 |
15(1) |
Failure to immediately notify the chief aquaculture veterinarian of a suspected or detected provincially reportable disease |
$10,000 |
$15,000 |
$20,000 |
15(2) |
Failure to provide written report to chief aquaculture veterinarian within 24 hours of reporting a suspected or detected provincially reportable disease |
$5,000 |
$7,500 |
$10,000 |
16 |
Failure to immediately notify the chief aquaculture veterinarian of a suspected or detected federally reportable disease and provide the required information |
$10,000 |
$15,000 |
$20,000 |
17(1)(a) |
Failure to report abnormal mortality event at facility or container to chief and department within 24 hours of the abnormal mortality event occurring |
$5,000 |
$7,500 |
$10,000 |
17(1)(b) |
Failure to submit standard operating procedures for abnormal mortality removal to chief aquaculture veterinarian |
$5,000 |
$7,500 |
$10,000 |
17(1)(c) |
Failure to provide written updates regarding abnormal mortality event to the chief aquaculture veterinarian and department every 10 days |
$5,000 |
$7,500 |
$10,000 |
18 |
Failure to provide any of the prescribed information to the public within 24 hours of an escape event |
$1,000 |
$3,000 |
$5,000 |
19 |
Failure to provide any of the prescribed information to the public within 24 hours of the confirmation of a federally reportable disease |
$1,000 |
$3,000 |
$5,000 |
20 |
Failure to provide any of the prescribed information to the public within 24 hours of the issuance of a quarantine order |
$1,000 |
$3,000 |
$5,000 |
21 |
Failure to provide any of the prescribed information to the public within 24 hours of the issuance of a depopulation order |
$1,000 |
$3,000 |
$5,000 |
22 |
Failure to provide any of the prescribed information to the public within 24 hours of an incident event |
$1,000 |
$3,000 |
$5,000 |
23 |
Failure to publicly report a response plan in relation to an incident event within 24 hours of the approval of the response plan |
$1,000 |
$3,000 |
$5,000 |
24 |
Failure to report sea lice numbers as required |
$1,000 |
$3,000 |
$5,000 |
25(1) |
Failure to submit the information required to be publicly reported to the department for review and approval before publicly reporting the information |
$1,000 |
$3,000 |
$5,000 |
25(2) |
Failure to publish or provide the information required to be reported to the public in the prescribed time and prescribed manner |
$1,000 |
$3,000 |
$5,000 |
|
|
|
|
|
|
72/25 Sch. B
Back to Top
Schedule C
Aquaculture Administrative Regulations
Penalties
|
|
|
|
|
|
|
|
|
|
|
3(2) |
Failure to report a federally reportable disease to the chief aquaculture veterinarian |
$10,000 |
$15,000 |
$20,000 |
4 |
Cultivating or holding broodstock in containers in a marine environment |
$10,000 |
$15,000 |
$20,000 |
5 |
Transferring or transporting live cultured aquatic organisms from one body of water or facility to another without a permit to transfer and transport |
$10,000 |
$12,000 |
$14,000 |
6 |
Introducing live cultured aquatic organisms to a body of water or facility without a permit to transfer and transport |
$10,000 |
$12,000 |
$14,000 |
7(1) |
Failure to prepare standard operating procedures respecting the cleaning and disinfection of nets and submitting them to chief aquaculture veterinarian |
$3,000 |
$6,000 |
$9,000 |
7(3)(a) |
Failure to remove all nets from site at end of a production cycle |
$7,500 |
$10,000 |
$12,500 |
7(3)(b) |
Failure to service, clean and disinfect nets on land before nets reinstalled at site |
$7,500 |
$10,000 |
$12,500 |
8(a) |
Failure to ensure that all feed bags are secured to prevent loss at sea after being emptied of feed |
$250 |
$500 |
$1,000 |
8(b) |
Failure to ensure that all feed bags are secured by a mechanism approved by department before being transported to a waste management facility |
$1,000 |
$3,000 |
$5,000 |
9(b) |
Failure to dispose of cultured aquatic organisms and cultured aquatic organism by-products in accordance with cultured aquatic organism disposal plan |
$3,000 |
$6,000 |
$9,000 |
|
|
|
|
|
|
72/25 Sch. C
©King's Printer
|