The following definitions apply in this Act. 2019, c.40, s.95
“Appeal Board” means the Licensing and Penalty Appeal Board established under section 59 of the Seafood Processing Act. (comité d’appel)
“aquaculture” means the farming of aquatic organisms for commercial or scientific purposes. (aquaculture)
“aquaculture land” means land that is designated by the Minister as aquaculture land under section 8.(terre aquacole)
“aquaculture legislation” means a statute, regulation or statutory instrument relating to fisheries or aquaculture that is prescribed by regulation.(législation en matière d’aquaculture)
“aquaculture management area” means an area designated by the Minister as an aquaculture management area under section 7.(zone de gestion aquacole)
“aquaculture product” means an aquatic organism raised or being raised by aquaculture. (produit aquacole)
“aquatic organisms” means plants, algae and animals that have water as their natural habitat at all stages of their life cycles. (organismes aquatiques)
“Chief Veterinary Officer” means the person appointed as Chief Veterinary Officer under section 54.(chef des services vétérinaires)
“Department” means the Department of Agriculture, Aquaculture and Fisheries.(ministère)
“equipment” means tools and materials used in the conduct of aquaculture.(équipement)
“fallow period” means a period of time during which aquaculture products shall not be present and aquaculture shall not be conducted at a site. (période de jachère)
“farming” means any form of intervention in the rearing of aquatic organisms, including breeding, hatching, feeding, medicating, adjusting stocking density, and protecting from hazards.(culture)
“fish health diagnostic service” means a laboratory that is approved by the Chief Veterinary Officer for the testing of aquaculture samples.(service de diagnostic sanitaire piscicole)
“hazard” means a disease, disease agent, parasite, pest, invasive species, predator, toxin, or contaminant.(danger pour la santé)
“information” means information as defined in the Right to Information and Protection of Privacy Act.(renseignements)
“inspector” means a person appointed or designated as an inspector under section 67. (inspecteur)
“invasive species” means a species of aquatic organism that is not indigenous to an area.(espèce envahissante)
“land” includes land covered by water and its overlying water column. (terre)
“lease” means a lease of aquaculture land granted under section 16. (bail)
“lease holder” means a person who has been granted a lease by the Registrar. (preneur à bail)
“licence” means a licence issued under section 36 authorizing a person to conduct aquaculture on a site, and includes a renewal or an amendment of the licence. (permis)
“licence holder” means a person who has been issued a licence by the Registrar. (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)
“permit” means a permit issued under section 26 allowing a person to occupy aquaculture lands and includes a renewal or an amendment of the permit. (autorisation)
“permit holder” means a person who has been issued a permit by the Registrar.(titulaire d’une autorisation)
“person” includes a cooperative incorporated or continued under or to which the Cooperatives Act applies. (personne)
“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act.(renseignements personnels)
“registry” means the public registry established under section 12.(registre)
“Registrar” means the person appointed as Registrar under section 10.(registraire)
“reportable condition” means a hazard prescribed by regulation or declared to be a reportable condition in an order of the Chief Veterinary Officer under section 58.(condition à signalement obligatoire)
“site” means a parcel of land on which a person has been authorized to conduct aquaculture by a licence. (site)
“strain” means aquatic organisms that possess or have been selectively bred to possess special genetically determined characteristics that distinguish them from other members of the same species.(souche)
“vehicle” means a vehicle as defined in the Provincial Offences Procedure Act.(véhicule)
“veterinarian” means a person who is licensed to practise veterinary medicine under the Veterinarians Act.(vétérinaire)
“water” includes fresh, brackish and marine water, both tidal and non-tidal. (eau)
Subject to subsection (2), this Act applies to all aquaculture in the Province.
When exempted from the application of this Act by the regulations, this Act or any provision of it does not apply to the following:
(a) a person or class of persons;
(b) land or a class of lands;
(c) a site or a class of sites;
(d) aquatic organisms or a class of aquatic organisms; or
(e) an activity or a class of activity.
A person exempted from the application of this Act or any provision of it shall comply with any terms and conditions prescribed by regulation.
For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal or treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.
If the Minister considers agreements necessary or expedient for the administration of this Act, the Minister may enter into agreements with any organization, agency, person or Minister of the Crown, or with the government of a province or territory of Canada, or the Government of Canada or a foreign country or state.
Without limiting the generality of subsection (1), the Minister may
(a) enter into agreements with one or more provincial or territorial governments, the Government of Canada or their agencies for the joint establishment and operation of programs for aquaculture, and may confirm, ratify, alter and amend any agreements, and
(b) establish intergovernmental or other committees as the Minister considers necessary for the performance of an agreement referred to in paragraph (a).
The Minister may establish advisory committees.
A committee shall consist of those members appointed by the Minister.
The Minister may designate a member of the committee as its chair.
A committee shall meet when requested by the Minister.
When requested by the Minister, a committee shall consult with and advise the Minister concerning administrative, regulatory and legislative matters relating to aquaculture.
A member of a committee shall serve without salary, but the Minister may establish an allowance that is payable to each member.
A member of a committee is entitled to be paid those travelling, living and other expenses reasonably incurred in connection with his or her functions in accordance with the Treasury Board travel policy guidelines, as amended.
The Minister may establish provincial policies, standards, procedures and guidelines related to aquaculture.
A policy, standard, procedure or guideline established under subsection (1) shall be published by the Minister in the registry as soon as the circumstances permit.
The Regulations Act does not apply to provincial policies, standards, procedures and guidelines established under subsection (1).
The Minister may make an order designating any area in the Province as an aquaculture management area, whether located in a body of water or inland.
An order under subsection (1) may
(a) specify criteria for the designation of an aquaculture management area, the designation of aquaculture land and the designation and allocation of sites,
(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 aquatic organisms,
(d) impose terms and conditions relating to an aquaculture management area on a lease, permit, licence or a class of licences, and
(e) specify any other matter prescribed by regulation.
Before making an order under subsection (1), the Minister shall publish a notice of intent to designate an aquaculture management area in the registry.
The Minister may, either on application or on his or her own initiative, make an order designating any land in the Province as aquaculture land, whether located within or outside an aquaculture management area.
An application for a designation of aquaculture land shall be made to the Minister on a form provided by the Minister and shall be accompanied by the prescribed fees and any information the Minister requires.
Before making an order under subsection (1), the Minister shall publish a notice of intent to designate aquaculture land in the registry.
An applicant shall reimburse the Minister for any costs and expenses incurred in the designation of aquaculture land under subsection (1).
If the Minister has reasonable grounds to believe that, by engaging in an activity, a person would have a negative effect on aquaculture in an aquaculture management area, the Minister may make a protection order directing the person to stop or refrain from engaging in the activity.
If the Minister is satisfied that a person has damaged or altered aquaculture land, the Minister may make a restoration order directing the person to repair or restore the aquaculture land to the condition it was in before it was damaged or altered, to the extent possible, in accordance with the directions set out in the order.
An order under subsection (2) may include a compliance schedule requiring the completion of specified stages of repair or restoration by specified dates.
The Minister shall appoint an employee of the Department as Registrar.
The Registrar shall exercise the powers and perform the duties imposed on the Registrar under this Act and the regulations.
The Registrar may access any database or information system of the Minister for the purpose of exercising or performing his or her powers or duties.
The Registrar may collect from and disclose to the Department the information, including personal information, prescribed by regulation relating to a lease holder, licence holder, or permit holder.
The Registrar may designate one or more persons to act on the Registrar’s behalf.
A lease holder, permit holder or licence holder shall maintain the books, records and documents that, in the opinion of the Registrar, are necessary for the proper recording of the information prescribed by regulation.
A lease holder, permit holder or licence holder shall provide information, including personal information, to the Registrar as required under this Act and the regulations, on a form provided by the Registrar within the time and in the manner prescribed by regulation.
On the request of the Registrar, a lease holder, permit holder or licence holder shall provide to the Registrar any information required to be maintained in the books, records and documents under this Act or the regulations that the Registrar reasonably requires.
No person shall knowingly provide, or attempt to provide, false or misleading information to the Registrar.
The Minister shall establish and maintain a public registry for aquaculture.
The registry shall contain the information, including personal information, prescribed by regulation.
Despite the Right to Information and Protection of Privacy Act, but subject to subsections (2) to (4), all information acquired by the Minister, the Registrar, the Chief Veterinary Officer or any other person in relation to any person or matter under this Act or the regulations is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.
For the purposes of administering this Act, an employee of the Department may disclose any information, including personal information, to any other employee of the Department or to an advisory committee established by the Minister under section 5.
An employee of the Department may, with the consent of the person to whom it relates, disclose any information, book, record or document obtained under this Act.
For the purposes of administering this Act or aquaculture legislation or assisting in the administration of similar legislation of another jurisdiction, an employee of the Department may disclose any information, including personal information, to any of the following persons:
(a) a law enforcement agency, a government, a governmental authority or a regulatory authority of another jurisdiction;
(b) a person with whom the Department has entered into an arrangement or agreement that relates to or includes the sharing of information; or
(c) a person or body prescribed by regulation.
If this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this Act prevails.
An application for a lease shall be made to the Registrar on a form provided by the Registrar and shall be accompanied by the prescribed fees and any information the Registrar requires.
The Registrar may, in addition to any terms and conditions prescribed by regulation, impose any terms and conditions that the Registrar considers appropriate
(a) on an application, to be met by an applicant before the application may be granted, or
(b) on a lease, to be met by the lease holder during or after the period when it is valid.
The Registrar may refuse to grant a lease
(a) if the applicant fails to provide any document or information required by the Registrar,
(b) if the applicant has made a false statement in applying for the lease,
(c) if the applicant has been convicted of an offence under this Act or the regulations or a provision of aquaculture legislation,
(d) if, in the opinion of the Registrar, it would not be in the public interest, or
(e) in any other circumstances prescribed by regulation.
A lease shall indicate the following information:
(a) the name of the person to whom it is granted;
(b) the location of the site where aquaculture may be conducted;
(c) the expiry date of the lease; and
(d) the terms and conditions imposed on the lease by the Registrar, if any.
A lease shall be valid for a period not exceeding 20 years.
A lease shall be subject to any terms and conditions
(a) established by an order made under section 7 relating to an aquaculture management area,
(b) established by the regulations, whether before or after the grant of the lease, and
(c) imposed by the Registrar under subsection 16(2).
A lease holder shall pay rent in an amount fixed by the regulations, whether before or after the grant of the lease, or, when there is no applicable regulation, at a rent fixed by the Registrar.
A lease holder shall not assign or transfer any of the rights granted under the lease or under this Act or the regulations to any person without the written approval of the Registrar.
A lease holder may apply to the Registrar for the amendment, renewal or transfer of a lease.
An application for an amendment, renewal or transfer of a lease shall be made on a form provided by the Registrar and shall be accompanied by the prescribed fees and any information the Registrar requires.
The Registrar may amend, renew or transfer a lease on any grounds the Registrar considers appropriate.
Section 16 applies with the necessary modifications to the amendment, renewal or transfer of a lease.
An applicant shall reimburse the Minister for any costs and expenses incurred in the issuance, amendment, renewal or transfer of a lease.
The Registrar may cancel a lease if the lease holder
(a) has made a false statement in applying for the lease,
(b) violates or fails or refuses to comply with a term or condition to which the lease is subject,
(c) violates or fails or refuses to comply with a provision of this Act or the regulations or a provision of aquaculture legislation,
(d) does not, to the satisfaction of the Registrar, show due diligence in fulfilling a term or condition to which the lease is subject, or
(e) ceases to hold a licence in relation to the site that is the subject of the lease.
The Registrar may cancel a lease on surrender of the lease by the lease holder.
An applicant or lease holder may appeal a decision of the Registrar with respect to the issuance, amendment, renewal, transfer or cancellation of a lease to the Appeal Board.
An appeal does not stay the operation of a decision pending the determination of the appeal unless the Registrar directs otherwise.
An application for a permit shall be made to the Registrar on a form provided by the Registrar and shall be accompanied by the prescribed fees and any information the Registrar requires.
The Registrar may, in addition to any terms and conditions prescribed by regulation, impose any terms and conditions that the Registrar considers appropriate
(a) on an application, to be met by the applicant before the application may be granted, or
(b) on a permit, to be met by the permit holder during or after the period when it is valid.
The Registrar may refuse to issue a permit
(a) if the applicant fails to provide any document or information required by the Registrar,
(b) if the applicant has made a false statement in applying for the permit,
(c) if the applicant has been convicted of an offence under this Act or the regulations, or a provision of aquaculture legislation,
(d) if, in the opinion of the Registrar, it would not be in the public interest, or
(e) in any other circumstances prescribed by regulation.
A permit shall indicate the following information:
(a) the name of the person to whom it is issued;
(b) the location of the site where aquaculture may be conducted;
(c) the expiry date of the permit; and
(d) any terms and conditions imposed on the permit by the Registrar.
A permit shall be valid for a period not exceeding three years.
A permit shall be subject to terms and conditions
(a) established by an order made under section 7 relating to an aquaculture management area,
(b) established by the regulations, whether before or after the issuance of the permit, and
(c) imposed by the Registrar under subsection 26(2).
A permit holder shall pay rent in an amount fixed by the regulations, whether before or after the issuance of the permit, or, when there is no applicable regulation, at a rent fixed by the Registrar.
A permit holder may apply to the Registrar to amend or renew a permit.
An application for the amendment or renewal of a permit shall be made on a form provided by the Registrar and shall be accompanied by the prescribed fees and any information the Registrar requires.
The Registrar may amend or renew a permit on any grounds the Registrar considers appropriate.
Section 26 applies with the necessary modifications to the amendment or renewal of a permit.
A permit holder shall not assign or transfer any of the rights granted under the permit or under this Act or the regulations to any person.
An applicant shall reimburse the Minister for any costs and expenses incurred in the issuance, amendment or renewal of a permit.
The Registrar may cancel a permit if the permit holder
(a) has made a false statement in applying for the permit,
(b) violates or fails or refuses to comply with a term or condition to which the permit is subject,
(c) violates or fails or refuses to comply with a provision of this Act or the regulations or a provision of aquaculture legislation,
(d) does not, to the satisfaction of the Registrar, show due diligence in fulfilling a term or condition to which the permit is subject, or
(e) ceases to hold a licence in relation to the site that is the subject of the permit.
The Registrar may cancel a permit on surrender of the permit by the permit holder.
An applicant or permit holder may appeal a decision of the Registrar with respect to the issuance, amendment, renewal or cancellation of a permit to the Appeal Board.
An appeal does not stay the operation of a decision pending the determination of the appeal unless the Registrar directs otherwise.
An application for a licence of any category prescribed by regulation shall be made to the Registrar on a form provided by the Registrar and shall be accompanied by the prescribed fees and any information the Registrar requires.
The Registrar may, in addition to any terms and conditions prescribed by regulation, impose any terms and conditions that the Registrar considers appropriate
(a) on an application, to be met by the applicant before the application may be granted, or
(b) on a licence, to be met by the licence holder during or after the period when it is valid.
The Registrar may require that an applicant or a licence holder develop or adopt a farming management plan that complies with the requirements prescribed by regulation.
The Registrar may
(a) require that a licence holder provide for the services of a veterinarian, and
(b) specify the circumstances in which the veterinary services shall be provided.
The Registrar may refuse to issue a licence
(a) if the applicant fails to provide any document or information required by the Registrar,
(b) if the applicant has made a false statement in applying for the licence,
(c) if the Registrar is not satisfied that the applicant is capable of conducting aquaculture in accordance with this Act and the regulations,
(d) if the applicant has been convicted of an offence under this Act or the regulations, or a provision of aquaculture legislation,
(e) if, in the opinion of the Registrar, it would not be in the public interest, or
(f) in any other circumstances prescribed by regulation.
A licence shall indicate the following information:
(a) the name of the person to whom it is issued;
(b) the location of the site where aquaculture may be conducted;
(c) the species and strains of aquatic organisms that are to be cultivated under the licence;
(d) the expiry date of the licence;
(e) the type of culture that is authorized; and
(f) any terms and conditions imposed on the licence by the Registrar.
A licence shall be valid for a period not exceeding 20 years.
The term of a licence shall not extend beyond the period of time during which the licence holder has a right to occupy the site specified in the licence.
If a site is located on land that is not aquaculture land, the Registrar shall not issue, renew, reinstate or amend a licence unless the applicant is the owner of the site or has a right to occupy the site.
A licence shall be subject to the terms and conditions
(a) established by an order made under section 7 relating to an aquaculture management area,
(b) established by the regulations, whether before or after the issuance of the licence, and
(c) imposed by the Registrar under subsection 36(2).
Every licence holder shall comply with the terms and conditions of the licence.
A licence holder shall pay an annual licence fee in the amount and on the date prescribed by regulation.
A licence holder shall not assign or transfer any of the rights granted under the licence or under this Act or the regulations to any person.
A licence holder may apply to the Registrar to amend or renew a licence.
An application for the amendment or renewal of a licence shall be made on a form provided by the Registrar and shall be accompanied by the prescribed fees and any information the Registrar requires.
The Registrar may amend or renew a licence on any grounds the Registrar considers appropriate.
Section 36 applies with the necessary modifications to the amendment or renewal of a licence.
The Registrar may refuse to amend or renew a licence in the following circumstances:
(a) the Registrar is not satisfied that the licence holder is capable of conducting aquaculture in accordance with this Act and the regulations;
(b) the Registrar has reasonable grounds to believe that the licence holder has knowingly made a false statement in the application or the accompanying documents or in any other book, record or document required to be maintained under this Act or the regulations;
(c) after an inspection under section 68 or reasonable inquiry, the Registrar is satisfied that the licence holder has violated or failed to comply with a term or condition of the licence, a provision of this Act or the regulations, or a provision of aquaculture legislation; or
(d) the licence holder has been convicted of a violation of a provision of this Act or the regulations or a provision of aquaculture legislation.
The Registrar may suspend or revoke a licence if the Registrar is satisfied that
(a) the licence holder has made a false statement in an application or the accompanying documents or in any other book, record or document required to be maintained under this Act or the regulations,
(b) the licence holder violates or fails or refuses to comply with a term or condition to which the licence is subject,
(c) the licence holder violates or fails or refuses to comply with a provision of this Act or the regulations or a provision of aquaculture legislation,
(d) the licence holder 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,
(e) the licence holder ceases to have a right to occupy the site specified in the licence,
(f) the circumstances prescribed by regulation, if any, are met, or
(g) it is in the public interest.
The Registrar may revoke a licence on surrender of the licence by the licence holder.
A person whose licence has been suspended may apply to the Registrar to reinstate the licence.
An application to reinstate a licence shall be made on a form provided by the Registrar and shall be accompanied by the prescribed fees and any information the Registrar requires.
The Registrar may reinstate a licence on any grounds the Registrar considers appropriate.
An applicant shall reimburse the Minister for any costs and expenses incurred in the issuance, amendment, renewal or reinstatement of a licence.
An applicant or licence holder may appeal a decision of the Registrar with respect to the issuance, amendment, renewal, suspension, revocation or reinstatement of a licence to the Appeal Board.
An appeal does not stay the operation of a decision pending the determination of the appeal unless the Registrar directs otherwise.
No person shall conduct aquaculture without a licence.
No licence holder shall conduct aquaculture at a site other than that identified in the licence.
No licence holder shall cultivate species of aquatic organisms other than those specified in the licence.
No licence holder shall cultivate strains of aquatic organisms other than those specified in the licence.
No person shall have possession of live aquatic organisms, directly or indirectly, for the purposes of aquaculture other than in accordance with the regulations.
Despite section 48, if a licence has been suspended or revoked or the Registrar has refused to renew a licence, the Minister may make an order directing the person who held the licence to take or refrain from taking any action that is specified in the order for the purpose of maintaining the health and welfare of the aquatic organisms at the site specified in the licence.
In addition to any other penalty that may be imposed under this Act, the Minister may make an order directing a person to destroy or otherwise dispose of aquatic organisms in his or her possession, in accordance with the direction of the Minister, when
(a) the person has conducted aquaculture without a licence,
(b) the aquatic organisms are not of the species or strains specified in the licence holder’s licence, or
(c) the aquatic organisms are located at a place other than the site specified in the licence.
A licence holder shall maintain the health, welfare, genetic and grade standards for aquaculture products
(a) established by the Minister under subsection 6(1),
(b) established by an order made under section 7 relating to an aquaculture management area, and
(c) prescribed by regulation.
A licence holder shall harvest the aquaculture products cultivated under the licence in accordance with the regulations.
No person shall sell, destroy or otherwise dispose of aquaculture products, including parts or portions of aquaculture products, in which hazards are, or may be, present.
No person shall transfer or transport live aquaculture products from one body of water or site to another except in accordance with the regulations.
No person shall introduce live aquaculture products to a body of water or site except in accordance with the regulations.
The Minister shall appoint a veterinarian who is an employee of the Department as Chief Veterinary Officer.
The Chief Veterinary Officer shall exercise the powers and perform the duties imposed on the Chief Veterinary Officer under this Act and the regulations.
The Chief Veterinary Officer may access any database or information system of the Minister for the purpose of exercising or performing his or her powers or duties.
The Chief Veterinary Officer may collect from and disclose to the Department the information, including personal information, prescribed by regulation relating to a lease holder, permit holder or licence holder.
The Chief Veterinary Officer may designate one or more persons to act on his or her behalf.
An application for approval shall be made on a form provided by the Chief Veterinary Officer and shall be accompanied by the prescribed fees and any information the Chief Veterinary Officer requires.
The Chief Veterinary Officer may make approvals subject to the terms and conditions as the Chief Veterinary Officer considers advisable.
A person to whom the Chief Veterinary Officer gives an approval shall comply with the terms and conditions to which the approval is subject.
A licence holder shall contain his or her aquaculture products within the boundaries of the site specified in the licence, in accordance with the standards, if any, that may be prescribed by regulation.
All aquaculture products of the species and strains specified in a licence that are contained within the boundaries of the site are the exclusive personal property of the licence holder.
A licence holder shall report to the Chief Veterinary Officer any failure of the site’s containment structures in accordance with the regulations.
If there is a failure of a site’s containment structures, the licence holder shall take the measures prescribed by regulation.
The Minister shall, by regulation, establish a list of reportable conditions.
If the Chief Veterinary Officer is of the opinion that an aquaculture health emergency exists or may exist as a result of a hazard that is not prescribed by regulation as a reportable condition, the Chief Veterinary Officer may make an order declaring the hazard to be a reportable condition.
For the purposes of this section, a mortality event has occurred at a site when aquatic organisms of a class prescribed by regulation have died unexpectedly
(a) within a period of time or at a rate prescribed by regulation,
(b) in the number or proportion prescribed by regulation, or
(c) in the circumstances prescribed by regulation.
A licence holder, a person having care and control of an aquatic organism, or a person providing diagnostic services relating to an aquatic organism shall report to the Chief Veterinary Officer if he or she has reasonable grounds to believe that
(a) a reportable condition is or may be present at a site, or
(b) a mortality event has occurred at a site.
A report under subsection (2) shall be made in accordance with the regulations.
No person who applies for an approval or makes a report shall knowingly provide, or attempt to provide, false or misleading information to the Chief Veterinary Officer.
No action or other proceeding shall be instituted against a person who, in good faith, makes a report in respect of a reportable condition in accordance with this Act or the regulations.
The Chief Veterinary Officer may, in his or her discretion,
(a) direct an inspector or any other suitable person to investigate any alleged reportable condition,
(b) cause tests or other scientific investigations to be made with a view to determining the nature and source of a reportable condition using the methods prescribed by regulation, or
(c) take measures for the suppression, limitation or treatment of a reportable condition.
Subject to subsection (2), the Chief Veterinary Officer may make an order directing a person to take or refrain from taking any action that is specified in the order in respect of a reportable condition for the suppression, limitation or treatment of a reportable condition.
In an order under this section, the Chief Veterinary Officer may specify the time within which the person must comply with the order.
An order under this section may require the quarantine, destruction or other disposal of aquaculture products in accordance with the direction of the Chief Veterinary Officer.
If the Chief Veterinary Officer has reason to believe that a hazard is, or may be, present at any site, the Chief Veterinary Officer may designate the site and the area surrounding the site as a controlled aquaculture area for the purpose of section 65.
The Chief Veterinary Officer may amend, cancel or reinstate at any time a designation made under subsection (1).
The Regulations Act does not apply to a designation made under subsection (1).
The Chief Veterinary Officer may make an order directing a licence holder whose site is located in a controlled aquaculture area to take any measures considered necessary to prevent the spread of hazards, including the quarantine, destruction or other disposal of aquaculture products, in accordance with the direction of the Chief Veterinary Officer.
A person may appeal an order of the Chief Veterinary Officer made under this Part to the Appeal Board.
An appeal does not stay the operation of a decision pending the determination of the appeal unless the Chief Veterinary Officer directs otherwise.
The Minister may appoint or designate inspectors for the purpose of this Act.
The Minister shall issue to every inspector a certificate of appointment or designation.
An inspector, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate on request.
For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,
(a) enter and inspect any place, area or vehicle to which this Act applies except a dwelling house, and for the purposes of that inspection the inspector may open and inspect any container found there and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,
(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,
(c) make inquiries of any person who is or was in a place, area or vehicle to which this Act applies,
(d) require the production of books, records or documents at a place, area or vehicle to which this Act applies and may inspect, examine, copy or remove them,
(e) require a licence holder to copy the books, records or documents or to provide the samples and to carry out the tests that the inspector specifies,
(f) exercise any other powers and perform any other duties that are prescribed by regulation, and
An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (1)(a).
For the purposes of an inspection under subsection (1), an inspector shall not enter a private dwelling unless the inspector
(a) is entering with the consent of a person who appears to be an adult and an occupant of the dwelling, or
(b) has obtained an entry warrant under the Entry Warrants Act.
An inspector acting under this section may request the assistance of a peace officer.
An inspector may remove any books, records or documents produced as a result of a request under paragraph 68(1)(d) or discovered during an inspection for the purpose of making copies or taking extracts.
An inspector removing a book, record or document from a place, area or vehicle under subsection (1) shall provide a receipt for it to the person in charge of the place, area or vehicle and shall promptly return the book, record or document after making copies or taking extracts.
Copies of or extracts from books, records or documents removed from a place, area or vehicle under subsection (1) and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.
A test required under paragraph 68(1)(e) shall be performed by a fish health diagnostic service.
Immediately after performing a test referred to in subsection (1), a fish health diagnostic service shall give notice of the test results to the Chief Veterinary Officer.
An inspector may seize any aquatic organism, equipment, container, book, record or document that he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under section 68,
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) in any other circumstance, in accordance with the Provincial Offences Procedure Act.
If aquatic organisms, equipment, containers, books, records or documents are seized under subsection (1), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
Subject to subsection (4), all aquatic organisms, equipment, containers, books, records or documents seized under subsection (1) may be detained for a period not exceeding six months after the day of seizure unless, during that period, prosecution for an offence under this Act or the regulations has been commenced, in which case the aquatic organisms, equipment, containers, books, records or documents may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
If aquatic organisms are seized under subsection (1), the inspector or other person having custody of them may sell the aquatic organisms and pay the proceeds of the sale into the Consolidated Fund.
If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the aquatic organisms, equipment, containers, books, records or documents seized shall return them to the person from whom the inspector seized them, or
(b) if the aquatic organisms are sold under subsection (4), the Minister shall pay to the person from whom the aquatic organisms were seized an amount that, in the opinion of the Minister, represents their value.
No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an inspection under this Act.
No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector who is carrying out or attempting to carry out an inspection under this Act.
A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.
For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.
Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act for an offence under subsection (2) or (7) shall be as follows:
(a) in respect of a Category D offence, $1,000;
(b) in respect of a Category E offence, $3,000;
(c) in respect of a Category F offence, $5,000;
(d) in respect of a Category H offence, $5,000;
(e) in respect of a Category I offence, $15,000.
If an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the greater of the minimum fine set by the Provincial Offences Procedure Act and the minimum fine, if any, set by this 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.
A prosecution for an offence under this Act shall be commenced within two years after the date on which the offence was, or is alleged to have been, committed.
Subject to subsection (7), a person who violates or fails to comply with a provision of the regulations commits an offence.
For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.
When imposing a penalty against a person convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order directing the person to do one or more of the following:
(a) to refrain from doing anything that may result in the continuation or repetition of the offence,
(b) to take any action the judge considers appropriate to remedy any harm to any aquatic organism or its habitat that has resulted, is resulting or may result from the act or omission that constituted the offence,
(c) to perform community service,
(d) to post a bond or pay money into court in an amount that will ensure compliance with any order made under this section, or
(e) to comply with any other direction or condition the judge considers appropriate in the circumstances.
An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.
The judge shall specify in an order made under subsection (1) the period of time during which it is in effect, which period shall not exceed five years.
In addition to any other costs and expenses that the Minister may recover under this Act, the Minister may recover
(a) the costs incurred in the seizure, housing, keeping, maintaining, disposal or destruction of an aquatic organism,
(b) the costs of eliminating or reducing the risk that an aquatic organism poses to aquaculture health or welfare, and
(c) the costs of preserving the health or welfare of an aquatic organism.
The Minister may charge interest on an amount owing to the Minister under this Act or the regulations at a rate prescribed by regulation or at a rate calculated in the manner prescribed by regulation.
2023, c.17, s.7
An amount owing to the Minister under this Act or the regulations constitutes a debt due to the Province.
The Minister may issue a certificate stating the amount of the debt due and the name of the debtor.
A certificate issued under subsection (2) may be filed in The Court of King’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.
All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (3) may be recovered as if the amount had been included in the certificate.
When a debtor is a corporation and fails to pay the amount that is due and payable under this Act, the directors of the corporation at the time the corporation was required to pay the amount are jointly and severally liable, together with the corporation, to pay that amount and any interest and penalties in relation to that amount.
If a person is convicted of a violation of this Act or the regulations, an aquatic organism that has been seized from the person under this Act or the Provincial Offences Procedure Act is forfeited to the Minister on the conviction of the person.
If a person is convicted of a violation of this Act or the regulations, the judge may order any other thing seized under this Act or the Provincial Offences Procedure Act that has not been returned under section 71 to be forfeited to the Minister.
On the making of an order under subsection (2), the thing seized is forfeited to the Minister.
A forfeiture under this section is in addition to any other penalty that may be imposed.
If an inspector has seized any aquatic organism, the inspector shall, on conviction of the person in possession of the aquatic organism, deliver it to the Minister and the Minister may dispose of it in the manner and at the time that the Minister considers appropriate.
If a judge orders the forfeiture of equipment or any other thing, an inspector shall deal with it in accordance with the instructions of the Minister.
If a judge orders the forfeiture of equipment or any other thing, the Minister may, not sooner than 30 days after conviction, dispose of the equipment or other thing at public auction or in the manner and at the time that the Minister considers appropriate.
If an inspector seizes anything other than equipment or an aquatic organism, the inspector shall return it to the owner or person in possession at the time of the seizure
(a) as soon as the circumstances permit, if the person is not charged with an offence under this Act or the regulations, or
(b) within 30 days after the final disposition of the charge,
(i) if the person has been charged with an offence under this Act or the regulations and no conviction results from that charge, or
(ii) if the person has been charged with an offence under this Act or the regulations and is convicted but the judge does not order the forfeiture of the thing seized.
If any aquatic organism or any other thing is seized under this Act or the Provincial Offences Procedure Act and the lawful ownership or entitlement to it cannot be ascertained within three months after the seizure, the Minister may direct that it be disposed of in any manner the Minister considers appropriate and it or any proceeds of its disposition are forfeited to the Crown.
The owner of a seized thing may abandon it to the Crown.
No person shall be entitled to, or have any claim or right to, any indemnity or compensation in relation to a seizure, forfeiture, disposal or destruction under this Act or the Provincial Offences Procedure Act.
Except as otherwise provided in this Act, the Regulations Act does not apply to any order made under this Act or the regulations by the Minister or the Chief Veterinary Officer.
An order referred to in subsection (1) may be limited as to time or place.
The Minister or the Chief Veterinary Officer, as the case may be, may amend or revoke an order in writing or make a further order in relation to the same subject matter.
An order of the Chief Veterinary Officer under section 58 shall be published in the registry.
A person who has been served with an order referred to in subsection (11) shall comply with the order within the time, if any, specified in the order.
An order remains in effect until revoked by the Minister or the Chief Veterinary Officer, as the case may be.
An order of the Minister under this Act is final and conclusive and, except on the grounds of an excess of jurisdiction or a denial of natural justice, shall not be questioned or reviewed in any court.
If, in the opinion of the Minister or the Chief Veterinary Officer, the action taken under an order he or she has made is not adequate, he or she may order the taking of any remedial action considered necessary.
If a person to whom an order is directed fails or refuses to comply in whole or in part with the order or part of the order, the Minister or the Chief Veterinary Officer, as the case may be, may enter any place, area or vehicle except a dwelling house, together with the persons, materials and equipment he or she considers necessary and may take any further action considered necessary to effect compliance with or to carry out the order.
Any cost, charge, loss, damage or expense incurred by the Minister or the Chief Veterinary Officer while acting under this section shall be the liability of and paid by any person who failed or refused to comply with an order and becomes a debt due to the Province.
A certified copy of an order referred to in subsection 85(1) may be entered in evidence before any court, judge or board, and when entered, is, in the absence of evidence to the contrary, proof of the making of the order and that the order was in force and effect at any material time, without proof of the appointment, signature or authority of the person purporting to have signed the order or the certified copy of the order.
An order that is to be served on a person under this Act may be served, and service may be proved, in accordance with the relevant provisions of the Provincial Offences Procedure Act.
No action, application or other proceeding lies or shall be instituted against an inspector, the Registrar, the Chief Veterinary Officer or the Minister, or a person authorized by any of them, to act under this Act or any other person employed or engaged in the administration or enforcement of this Act in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person.
The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
The Lieutenant-Governor in Council may make regulations
(a) prescribing Acts and regulations under those Acts for the purposes of the definition “aquaculture legislation”;
(b) prescribing a hazard for the purposes of the definition “reportable condition”;
(c) exempting any person, land, site, aquatic organism or activity from the application of this Act and the regulations or from the application of any provision of this Act or the regulations;
(d) setting out the terms and conditions attached to an exemption referred to in paragraph (c);
(e) specifying matters related to aquaculture management areas for the purposes of section 7;
(g) setting out the powers and duties of the Registrar for the purposes of subsection 10(2);
(i) prescribing the time and manner in which information shall be provided for the purposes of subsection 11(2);
(j) prescribing persons or bodies for the purposes of subsection 13(4);
(n) establishing categories of licences for the purposes of section 35;
(o) respecting farming management plans for the purposes of subsection 36(3);
(p) fixing annual licence fees and the date they shall be paid for the purposes of section 40;
(q) establishing conditions for the possession of live aquatic organisms for the purposes of subsection 48(5);
(r) prescribing health, welfare, genetic and grade standards for aquaculture products for the purposes of section 51;
(s) respecting the harvesting of aquaculture products for the purposes of section 52;
(t) respecting the transfer or transport of live aquaculture products for the purposes of subsection 53(2);
(u) respecting the introduction of live aquaculture products to a body of water or site for the purposes of subsection 53(3);
(v) setting out the powers and duties of the Chief Veterinary Officer for the purposes of subsection 54(2);
(w) prescribing activities for the purposes of subsection 55(1);
(x) prescribing standards for the containment of aquaculture products for the purposes of subsection 56(1);
(z) prescribing measures to be taken in the event of a failure of containment structures at a site for the purposes of subsection 56(4);
(aa) establishing a list of reportable conditions for the purposes of section 57;
(bb) for the purposes of section 59,
(i) prescribing a class of aquatic organism,
(ii) prescribing a period of time or rate,
(iii) prescribing a number or proportion, and
(iv) prescribing circumstances;
(cc) prescribing methods of analysis for the purpose of paragraph 62(b);
(dd) prescribing the duties and functions of inspectors for the purposes of paragraph 68(1)(f);
(ee) prescribing, in respect of offences under the regulations, categories of offences;
(ff) prescribing an interest rate or the manner in which an interest rate may be calculated for the purposes of section 76;
(gg) authorizing the Minister, the Registrar or the Chief Veterinary Officer to provide forms for the purposes of this Act and the regulations;
(hh) respecting forms, reports, samples and other information required under this Act or the regulations, including, without limitation, their form and content and the time and manner in which they are required to be given;
(ii) defining any word or expression used but not defined in this Act, for the purposes of this Act, the regulations or both;
(jj) respecting any other matter or thing necessary or advisable to carry out the intent of this Act.
A regulation authorized by this section may incorporate by reference, in whole or in part, any codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with that code, standard, procedure or guideline.
Regulations may vary for or be made in respect of different persons, matters, activities or things or different classes or categories of persons, matters, activities or things.
A regulation may be general or particular in its application, may be limited as to time or place or both, and may exclude any place from the application of the regulation.