Aquaculture Licence and Lease Regulations
made under Section 64 of the
Fisheries and Coastal Resources Act
S.N.S. 1996, c. 25
N.S. Reg. 276/2025 (effective December 16, 2025)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Definitions
Calls for Proposals
Options to lease
Aquaculture development areas—call for proposals
Reallocated marine aquaculture sites
Proposals to the Minister
Proposal to advance area-size increase amendment application before Administrator
Definitions for Sections 8 to 11
Issuing approvals
Fee required to secure approval
Duration of scoping period
Public notice of approval
Proposals to the Administrator
Definitions for Sections 13 to 15
Issuing approvals
Duration of approval period
Public notice of issued approval
Aquaculture Applications
Classes of applications
Incomplete Class I applications
Incomplete Class II or Class III applications
Withdrawn application deemed terminated
Class I Applications
Scoping process
Submitting a Class I application
Consultations on Class I application
Compliance review on Class I application
Performance review on Class I application
Minister must refer Class I application
Requirement for hearing
Administrator decision on Class IB applications
Applicant in good standing
Submitting a Class II application
Class II application requirements
Consultations on Class II application
Compliance review on Class II application
Performance review on Class II application
Decision on Class II application
Class III Applications
Applicant in good standing
Submitting a Class III application
Consultations on Class III application
Compliance review on Class III application
Performance review on Class III application
Decision on Class III application
Pre-October 26, 2015 sites
Public Written Comment on Applications
Inviting public to submit written comment on Class I and II applications
Review Board Hearing Process
Definitions for Sections 44 to 66
Review Board authority
Parties to hearing
Location of hearing
Date of hearing
Public notice of hearing
Request for intervenor status
Decision on request for intervenor status
Copies of documents to intervenor
Copies of documents and correspondence to parties
Pre-hearing conference
Public participation in hearing
Submission of written evidence
Submissions by Minister
Opening hearing
Adjourning and reconvening hearing
Evidence at hearing
Documentary and real evidence at hearing
Questions at hearing
Conclusion of hearing
Record of hearing
Review Board decision
Deadline for implementing Review Board decision
Terms and Conditions of Licences and Leases
Information included on licence or lease
Types of aquaculture sites
Types of aquacultural operations
Special experimental licences and leases
Institutional licences and leases
Methods of cultivation and types of species
Term and renewal of licence or lease
Location and marking
Security bond
Access for adjacent land owner
Recording and reporting requirements
No sublicensing or subletting
Use of aquaculture site
Administrator may amend licence or lease without application
Community benefits plan
Discontinuance of Marine Aquacultural Operation
Request for certificate of discharge
When Minister may remediate aquaculture site
Certificate of discharge
Compliance Review
Timing of compliance reviews
Process for compliance review
Outcomes of compliance review
Performance Review of an Aquacultural Operation
Timing of performance reviews
Process for performance review
Outcomes of performance review
Fee Payments and Fee Waivers
Payment of fees
Application fee payable with completed application
Application Fees and Annual Fees
Fees for licence and lease applications
Annual fees
Minister may waive annual fee
Schedule A: Classification of Applications
Citation
1 These regulations may be cited as the Aquaculture Licence and Lease Regulations.
Definitions
2 In these regulations,
“Act” means the Fisheries and Coastal Resources Act;
“aquaculture development area” means an aquaculture development area
designated by the Minister under clause 56(1)(a) of the Act;
“bottom with gear method” means a method of aquatic plant cultivation or
shellfish cultivation using gear placed on the solum;
“bottom without gear method” means a method of aquatic plant cultivation or
shellfish cultivation without using gear placed on the solum;
“class”, in relation to an application, means a class of application specified for a
type of application as set out in Schedule A;
“compliance review” means an assessment of an applicant’s record of compliance
with federal or Provincial legislation;
“days” means calendar days;
“development plan”, in relation to an aquacultural operation at a particular site,
means a document that specifies the production plan, technical aspects and
feasibility for the operation;
“facility method” means a method of land-based cultivation whereby fishery
resources are cultivated in a physical structure on land;
“institutional lease” means an institutional lease granted by the Administrator
under Section 55A of the Act;
“institutional licence” means an institutional licence granted by the Administrator
under Section 55A of the Act;
“lease” means an aquaculture lease as defined in the Act;
“lessee” means the holder of an aquaculture lease as defined in the Act;
“licence” means an aquaculture licence as defined in the Act;
“licencee [licensee]” means the holder of an aquaculture licence as defined in the
Act;
“marine cage method” means a method of finfish cultivation using gear placed in
the water column above the solum;
“non-ADA” means an area not designated as an aquaculture development area;
“non-finfish licence or lease” means a licence or lease authorizing the cultivation
of aquatic plants or shellfish, but not finfish;
“option to lease” means an option issued by the Minister under subsection 44A(4)
of the Act to lease a tract of Crown land that is not designated as an aquaculture
development area;
“performance review” means an assessment of the historical use of an aquaculture
site;
“reallocation” of a marine aquaculture site means the issuance of a licence or lease
for the site by the Administrator under clause 58(1)(e) of the Act after the
revocation of its previous licence or lease;
“relay depuration” means the transfer of shellfish to a licenced [licensed]
aquaculture site for natural biological cleansing using the ambient environment;
“scoping requirements” means any terms and conditions required by the Minister
under clause 6(5)(b) or subclause 44A(5)(aa) or 47A(5)(aa) of the Act;
“security bond” means a surety bond or any other form of financial security
acceptable to the Administrator;
“special experimental lease” means a special experimental lease granted by the
Administrator under Section 55 of the Act;
“special experimental licence” means a special experimental licence granted by the
Administrator under Section 55 of the Act;
“suspended method” means a method of aquatic plant cultivation or shellfish
cultivation using gear placed in the water column;
“U-fish method” means a method of finfish cultivation using a pond stocked with
finfish that meets all of the following criteria:
(i) it is located on private property,
(ii) in the Administrator’s opinion, it is used primarily for the purpose of
allowing persons to fish in the pond with rod and line for a fee and
any finfish caught are not processed and are sold whole only to the
person that caught the fish.
Calls for Proposals
Options to lease
3 (1) A call for proposals for options to lease issued under subsection 44A(1) of the Act
must include any details the Minister considers necessary, including all of the
following:
(a) a description of the geographic area under consideration;
(b) the species to be cultivated;
(c) the method of cultivation to be used;
(d) the deadline for submitting proposals;
(e) the number of options to be issued.
(2) The Minister may consider an unsolicited proposal for an option to lease in the
manner determined by the Minister.
Aquaculture development areas—call for proposals
4 (1) The Minister may issue a call for proposals for the exclusive right to apply to the
Administrator for a licence and lease for a site in an aquaculture development area
under Section 57 of the Act.
(2) A call for proposals issued under subsection (1) must include any details the
Minister considers necessary, including all of the following:
(a) description of the location of the aquaculture development area;
(b) the species to be cultivated;
(c) the method of cultivation to be used;
(d) the size of a site within the aquaculture development area;
(e) the deadline for submitting proposals.
(3) The Minister may consider an unsolicited proposal for the exclusive right to apply
for a licence and lease for a site in an aquaculture development area, in the manner
determined by the Minister.
Reallocated marine aquaculture sites
5 (1) The Administrator may issue a call for proposals for the exclusive right to apply to
the Administrator for reallocation of a marine aquaculture site under clause
58(1)(e) of the Act.
(2) A call for proposals issued under subsection (1) must include any details the
Administrator considers necessary, including all of the following:
(a) a description of the location and size of the aquaculture site;
(b) the species to be cultivated;
(c) the method of cultivation to be used;
(d) the deadline for submitting proposals.
(3) The Administrator may consider an unsolicited proposal for the exclusive right to
apply for reallocation of a marine aquaculture site in the manner determined by the
Administrator.
Proposals to the Minister
Proposal to advance area-size increase amendment application before Administrator
6 (1) For an amendment that would result in an increase to the area of an aquaculture
site, a licencee [licensee] or lessee who holds a non-finfish licence or lease may
submit a proposal to the Minister to advance an application before the
Administrator for an amendment under clause 58(1)(b) of the Act to change the
boundaries of an associated aquaculture site.
(2) A proposal under subsection (1) must be submitted within such time and in such
manner as the Minister determines.
(3) A proposal under subsection (1) must include such information as the Minister
determines.
(4) On reviewing a proposal under subsection (1) and subject to Section 9, the
Minister may, in the Minister’s discretion, issue an approval to advance an
application for an amendment before the Administrator.
(5) An approval to advance an application
(a) must convey the exclusive right, for the duration of the approval, to apply to
the Administrator for the amendment;
(b) must include any terms and conditions required by the Minister;
(c) must be for a prescribed duration; and
(d) is subject to the prescribed fee.
(6) If, in the Minister’s opinion, an applicant does not comply with all the terms and
conditions in an approval to advance the application issued under subsection (4),
the Minister may, in the Minister’s discretion, do 1 of the following:
(a) require the applicant to submit any additional information the Minister
requires to demonstrate compliance with the terms and conditions to the
Minister’s satisfaction;
(b) terminate the approval to advance the application.
(7) Pending the Administrator’s determination of an application that has been issued
an approval to advance under subsection (4), the Minister must not approve
another proposal to advance an application or grant an option to lease relating to
the area that may be added to the existing aquaculture site, further to the
application for an amendment.
(8) Where there are competing proposals of equivalent and acceptable stature, the
Minister shall issue an approval to advance an application for amendment to the
proponent who, in the Minister’s opinion, is the best overall proponent based on
the information available to the Minister under this Section.
Definitions for Sections 8 to 11
7 In Sections 8 to 11 of these regulations,
“proposal” means any of the following:
(i) a proposal to the Minister under subsection 44A(2) of the Act for an
option to lease,
(ii) a proposal to the Minister under subsection 47A(1) of the Act to
advance an application before the Review Board for an adjudicative
amendment to a licence or lease,
(iii) a proposal to the Minister under subsection 6(1) to advance an
area-size increase amendment application before the Administrator;
“approval” means any of the following:
(i) the issuance by the Minister of an option to lease under subsection
44A(4) of the Act,
(ii) an approval issued by the Minister under subsection 47A(4) of the
Act to advance an application before the Review Board for an
adjudicative amendment to a licence or lease,
(iii) an approval issued by the Minister under subsection 6(4) to advance
an area-size increase amendment application before the
Administrator;
“scoping period” means any of the following:
(i) the duration of an option to lease under clause 44A(5)(b) of the Act,
(ii) the duration of an approval to advance an application for an
adjudicative amendment before the Review Board under clause
47A(5)(b) of the Act,
(iii) the duration of an approval to advance an area-size increase
amendment application before the Administrator under clause
6(5)(c).
Issuing approvals
8 (1) The Minister may establish procedures for evaluating proposals and issuing
approvals.
(2) The Minister has sole discretion in deciding whether to issue an approval and, if
issued, whether to issue it
(a) as set out in the proposal; or
(b) with variations from the proposal.
(3) In deciding on whether to approve a proposal, the Minister may take any of the
following into consideration:
(a) the potential benefits to the community and Province;
(b) any previous record of the proponent related to aquacultural operations;
(c) the ability of the proponent to carry out the proposal;
(d) the concentration of current and proposed aquacultural operations;
(e) the orderly development of the industry;
(f) the suitability of the proposal, determined in accordance with any policies
established by the Minister;
(g) any additional factors that the Minister considers relevant to the proposal.
(4) Before issuing an approval, the Minister must notify the proponent of all of the
following:
(a) that their proposal has been approved, subject to any variations made by the
Minister under clause (2)(b);
(b) any scoping requirements to be met during the scoping period;
(c) the prescribed fee to secure the approval, to be paid as required by Section 9
before the approval will be issued.
Fee required to secure approval
9 (1) To secure an approval, a proponent must pay a fee of $500.00 no later than 15 days
after the date the Minister notifies the proponent under subsection 8(4) that their
proposal is approved.
(2) The Minister must not issue an approval to a proponent who has not paid the fee
required by subsection (1).
Duration of scoping period
10 (1) Unless it is extended in accordance with subsection (2), a scoping period expires
on the date determined by the Minister, which must be no later than 12 months
from the date the approval is issued.
(2) At the written request of the holder of an approval, the Minister may grant an
extension of up to 6 months to the duration of the scoping period.
Public notice of approval
11 (1) The Minister must publish notice of an approval on the Department’s website and
in the Royal Gazette Part I no later than 60 days after the approval has been issued.
(2) Notice of an approval must include any information determined by the Minister.
(3) In addition to publishing notice of an approval as required by subsection (1), the
Minister may do any of the following:
(a) notify any person, group of persons or organization that the Minister
considers necessary of the approval;
(b) publish notice of the approval by any means determined by the Minister.
Proposals to the Administrator
Definitions for Sections 13 to 15
12 In Sections 13 to 15,
“proposal” means any of the following:
(i) a proposal to the Administrator for the exclusive right to apply for a
licence and lease for a site in an aquaculture development area under
subsection 4(1),
(ii) a proposal to the Administrator for the exclusive right to apply for
reallocation of a marine aquaculture site under subsection 5(1);
“approval” means any of the following:
(i) an approval issued by the Administrator to advance an application for
a licence and lease for a site in an aquaculture development area,
(ii) an approval issued by the Administrator to advance an application for
reallocation of a marine aquaculture site;
“approval period” means any of the following:
(i) the duration of an approval to advance an application for a licence
and lease for a site in an aquaculture development area before the
Administrator,
(ii) the duration of an approval to advance an application for reallocation
of a marine aquaculture site.
Issuing approvals
13 (1) The Administrator may establish procedures for evaluating and the criteria for
selecting proposals and issuing approvals.
(2) The Administrator has sole discretion in deciding whether to issue an approval
and, if issued, whether to issue it
(a) as set out in the proposal; or
(b) with variations from the proposal.
(3) On issuing an approval under subsection (2), the Administrator must notify the
proponent that their proposal has been approved, subject to any variations made by
the Administrator under clause (2)(b).
Duration of approval period
14 (1) An approval period expires on the date determined by the Administrator, which
must be no later than 90 days from the date the approval is issued.
(2) An approval holder who wishes to apply for a licence and lease associated with
their approval must submit their application before the date their approval period
expires.
Public notice of issued approval
15 (1) The Administrator must publish notice of an approval on the Department’s website
no later than 30 days after the approval is issued.
(2) Notice of an approval must include any information determined by the
Administrator.
(3) In addition to publishing notice of an approval as required by subsection (1), the
Administrator may do any of the following:
(a) notify any person, group of persons or organization, as determined by the
Administrator, of the approval;
(b) publish notice of the approval by any means determined by the
Administrator.
Aquaculture Applications
Classes of applications
16 (1) Applications for or in relation to licences or leases are divided into the following 3
classes:
(a) Class I applications;
(b) Class II applications;
(c) Class III applications.
(2) Class I applications are further divided into the following 2 subclasses:
(a) Class IA applications;
(b) Class IB applications.
(3) The types of applications under each Class is set out in Schedule A together with
the applicable decision maker, as determined under the Act.
Factors to be considered in decisions related to aquaculture applications
17 (1) In making decisions related to marine aquaculture sites, the Review Board or
Administrator must take into consideration the optimum use of marine resources,
as determined by taking into consideration the following factors only:
(a) the contribution of the proposed operation to community and Provincial
economic development;
(b) fishery activities in the public waters surrounding the proposed aquacultural
operation;
(c) the oceanographic and biophysical characteristics of the public waters
surrounding the proposed aquacultural operation;
(d) the other users of the public waters surrounding the proposed aquacultural
operation;
(e) the public right of navigation;
(f) for marine finfish applications, the sustainability of wild salmon;
(g) the number and productivity of other aquaculture sites in the public waters
surrounding the proposed aquacultural operation.
(2) In making decisions related to land-based aquaculture sites, the Administrator must
take all of the following factors into consideration:
(a) the contribution of the proposed operation to community and Provincial
economic development;
(b) the technical viability of the proposed operation;
(c) the ability of the applicant to carry out the proposed operation;
(d) any previous record of the applicant related to aquacultural operations.
Incomplete Class I applications
18 (1) If the Minister considers a Class I application to be incomplete, the Minister must
notify the applicant in writing of all the following:
(a) that the application is incomplete;
(b) that for the application to be processed, the applicant must provide the
additional required information no later than 90 days after the date of the
Minister’s notice.
(2) At the written request of an applicant, the Minister may grant an extension to the
deadline in clause (1)(b) for providing additional required information.
(3) If an applicant does not submit the required additional information by the
applicable deadline in this Section, the Minister must notify the applicant in
writing that their application is deemed to be withdrawn.
Incomplete Class II or Class III applications
19 (1) If the Administrator considers a Class II application or Class III application to be
incomplete, the Administrator must notify the applicant in writing of all the
following:
(a) that the application is incomplete;
(b) that for the application to be processed, the applicant must provide the
additional required information no later than 90 days after the date of the
Administrator’s notice.
(2) At the written request of an applicant, the Administrator may grant an extension to
the deadline in clause (1)(b) for providing the additional required information.
(3) If an applicant does not submit the required additional information by the
applicable deadline in this Section, the Administrator must notify the applicant in
writing that the application is deemed to be withdrawn.
Withdrawn application deemed terminated
20 If an application is withdrawn, either as a result of Section 18 or 19 or upon written
request by the applicant, the application is deemed to be terminated.
Class I Applications
Scoping process
21 (1) An applicant for a Class I application must complete a scoping process before
submitting their application.
(2) The scoping process required by subsection (1) must be carried out as determined
by the Minister and must meet any scoping requirements in accordance with clause
8(4)(b).
(3) The scoping requirements must include at least 1 public information meeting
organized by the applicant and held in the community that the Minister determines
is the most appropriate community closest to the location of the aquaculture site
that is the subject of the application.
(4) An applicant must publish notice of the public information meeting required by
subsection (3) in a manner determined by the Minister.
Submitting a Class I application
22 (1) An applicant must submit a completed Class I application to the Minister within
the following timeframe:
(a) after completing the scoping process required by Section 21;
(b) before their scoping period expires under Section 10.
(2) In addition to the applicable application fee under Section 93, a Class I application
must include all of the following:
(a) a report on the scoping process carried out under Section 21, including any
details required by the Minister;
(b) a development plan that meets the criteria established by the Minister for the
type of aquacultural operation to be carried out under the licence or lease;
(c) any additional information required to be submitted as a result of the
scoping requirements;
(d) any additional information required by the Minister.
(3) If the Minister considers that an application is not in compliance with the scoping
requirements, the Minister may do 1 of the following:
(a) require the applicant to resubmit the application in accordance with the
timeframe specified in subsection (1), subject to any requirements stipulated
by the Minister; or
(b) reject the application.
Consultations on Class I application
23 (1) Except as provided in subsection (2), on receiving a completed Class I application,
an employee of the Department appointed by the Minister under subsection 47(2)
of the Act must consult with those persons or entities set out in clauses 47(2)(a) to
(c) of the Act.
(2) On receiving an application to amend a non-finfish licence or lease to change the
boundaries of an existing aquaculture site to increase the area of the associated
aquaculture site, the Minister must appoint an employee of the Department to
consult with all of the following:
(a) other departments or agencies of the Government or the Government of
Canada, as may be required under the laws of the Province or of Canada;
(b) any person, group of persons or organization that the Minister considers
necessary or advisable in the circumstances; and
(c) the public, in the manner set out in Section 43.
Compliance review on Class I application
24 On receiving a completed Class I application, the Administrator, or an employee of the
Department appointed by the Administrator, must conduct a compliance review of the
applicant in accordance with Sections 86 and 87.
Performance review on Class I application
25 On receiving a completed Class I application relating to an existing licence or lease, the
Administrator, or an employee of the Department appointed by the Administrator, must
conduct a performance review of the aquaculture site that is the subject of the application
in accordance with Sections 89 and 90.
Minister must refer Class I application
26 (1) After all reviews and consultations required by Sections 21 to 25 are completed,
the Minister must refer a completed Class I application to the Review Board or
Administrator, as applicable, along with all of the following:
(a) a report on the outcomes of any consultations undertaken under Section 23;
(b) a report on the outcomes of the compliance review conducted under Section
24;
(c) a report on the outcomes of any performance review conducted under
Section 25;
(d) a report prepared by the Department, based on the review of the application
materials required to be submitted under clauses 22(2)(b) to (d).
(2) In these regulations, an application of the type set out in Section 49 of the Act is
referred to, consistent with Schedule “A,” as the Class IA application type and
must be referred to the Review Board for decision.
(3) In these regulations, an application of the type set out in clause 54A(1)(aa) of the
Act or subsection 6(1) is referred to, consistent with Schedule “A”, as the Class IB
application type and must be referred to the Administrator for decision.
Requirement for hearing
27 The Review Board must follow the hearing process with respect to Class IA
applications, in accordance with Sections 49 and 51 of the Act and Sections 44 to 66.
Administrator decision on Class IB applications
28 (1) No later than 30 days after receiving a Class IB application referred by the
Minister, the Administrator must decide on the application and issue a written
decision that includes the reasons for the decision.
(2) Upon issuing a written decision, the Administrator must do both of the following:
(a) send a copy of the written decision to the applicant;
(b) publish a copy of the decision on the Department’s website.
Class II Applications
Applicant in good standing
29 (1) For the purpose of this Section, an applicant is deemed to be in good standing if
they meet all of the following criteria:
(a) they have no outstanding fees due under the Act or these regulations;
(b) they have no outstanding reports due under the Act or these regulations.
(2) The Administrator may refuse to process a Class II application if the applicant is
not in good standing.
Submitting a Class II application
30 On receiving any of the following types of applications, the Minister must refer the
application directly to the Administrator:
(a) marine special experimental licence and lease;
(b) marine institutional licence and lease.
Class II application requirements
31 A Class II application must include all of the following:
(a) a development plan that meets the criteria established by the Administrator
for the type of aquacultural operation to be carried out under the licence or
lease;
(b) any additional information required by the Administrator.
Consultations on Class II application
32 On receiving a completed Class II application, the Administrator must undertake
consultations with all of the following:
(a) other departments or agencies of the Government or the Government of
Canada, as may be required under the laws of the Province or of Canada;
(b) any person, group of persons or organization that the Administrator
considers necessary or advisable in the circumstances;
(c) the public, in the manner provided in Section 43.
Compliance review on Class II application
33 On receiving a completed Class II application, the Administrator, or an employee of the
Department appointed by the Administrator, must conduct a compliance review of the
applicant in accordance with Sections 86 and 87.
Performance review on Class II application
34 On receiving a completed Class II application related to an existing licence or lease, the
Administrator or an employee of the Department appointed by the Administrator, must
conduct a performance review of the aquaculture site that is the subject of the application
in accordance with Sections 89 and 90.
Decision on Class II application
35 (1) No later than 30 days after all reviews and consultations required by Sections 32 to
34 are completed, the Administrator must decide on the Class II application and
issue a written decision that includes the reasons for the decision.
(2) On issuing a written decision, the Administrator must do all of the following:
(a) send a copy of the written decision issued to the applicant;
(b) publish a copy of the decision on the Department’s website.
Class III Applications
Applicant in good standing
36 (1) For the purpose of this Section, an applicant is deemed to be in good standing if
they meet all of the following criteria:
(a) they have no outstanding fees due under the Act or these regulations;
(b) they have no outstanding reports due under the Act or these regulations
(2) The Administrator may refuse to process a Class III application if the applicant is
not in good standing.
Submitting a Class III application
37 A Class III application must be submitted to the Administrator in a manner determined
by the Administrator and include the applicable application fee under Section 93.
Consultations on Class III application
38 On receiving a completed Class III application, the Administrator
(a) must undertake consultations with other departments or agencies of the
Government or the Government of Canada, as may be required under the
laws of the Province or of Canada;
(b) may undertake consultations with any person, group of persons or
organization that the Administrator considers necessary or advisable in the
circumstances.
Compliance review on Class III application
39 On receiving a completed Class III application, the Administrator or an employee of the
Department appointed by the Administrator, may conduct a compliance review of the
applicant in accordance with Sections 86 and 87.
Performance review on Class III application
40 On receiving a completed Class III application related to an existing licence or lease, the
Administrator or an employee of the Department appointed by the Administrator, may
conduct a performance review of the aquaculture site that is the subject of the application
in accordance with Sections 89 and 90.
Decision on Class III application
41 (1) No later than 30 days after any reviews or consultations conducted under Sections
38 to 40 are completed, the Administrator must decide on the Class III application.
(2) The Administrator must inform the applicant of the decision made and publish a
copy of the decision on the Department’s website.
(3) If the Administrator decides to reject a Class III application, the Administrator
must provide the applicant with the reasons for the decision.
Pre-October 26, 2015 sites
42 (1) Despite Section 6 and subsection 23(2), an application to amend a non-finfish
licence or lease that was granted before October 26, 2015, to change the
boundaries of an existing aquaculture site may be submitted to the Administrator
for determination as a Class III application, if an inspection completed by the
Department on or before December 31, 2024, confirmed that equipment associated
with the aquaculture site is located outside the boundaries of the aquaculture site as
set out in the licence or lease.
(2) Before deciding on an application received under subsection (1), the Administrator
must be satisfied that the scope of the requested boundary amendment is
reasonably necessary to ensure that equipment associated with the aquaculture site
is located within the boundaries of the aquaculture site as set out in the licence or
lease.
Public Written Comment on Applications
Inviting public to submit written comment on Class I and II applications
43 (1) A notice of public consultation required by the Act or these regulations for a Class
I or Class II application must invite the public to submit written comments and be
published by the Minister or Administrator, as applicable,
(a) on the Department’s website and in the Royal Gazette Part I; and
(b) by any other means determined by the Minister or Administrator.
(2) A public notice referred to in subsection (1) must specify that comments must be
submitted within the 30-day period following the date the notice is published
together with any additional information that the Minister or Administrator, as
applicable, considers necessary for the notice.
(3) A member of the public may submit written comments about an application in the
manner described in the public notice.
(4) To be considered by the Minister or Administrator, as applicable, a written
submission from a member of the public must meet all of the following
requirements:
(a) it must identify the person making the comments and include contact
information;
(b) it must describe how the person making the comment is connected with the
matter to be determined;
(c) it must be submitted within the period specified in the notice;
(d) it must be in reference to 1 or more of the factors set out in subsection
17(1).
Review Board Hearing Process
Definitions for Sections 44 to 66
44 In this Section and Sections 45 to 66,
“hearing” means a public hearing held by the Review Board as required by Section
51 of the Act;
“intervenor” means a person who is granted leave to intervene in a hearing before
the Review Board under Section 51.
Review Board authority
45 (1) If procedures are not provided for in these regulations or in the Act, the Review
Board may do whatever is necessary and permitted by law to enable it to
effectively and completely adjudicate on the matter before it.
(2) The Review Board may dispense with, amend, vary or supplement all or part of the
procedures for hearings set out in these regulations if it is satisfied that the special
circumstances of the application before it so requires or it is in the public interest to
do so.
(3) All instances where the Review Board exercises its discretion under subsection (1)
must be documented by the clerk of the Review Board, identifying the particulars
and the reason for doing so.
Parties to hearing
46 All of the following are parties to a hearing:
(a) the applicant;
(b) any intervenor;
(c) the Minister or the Minister’s designate.
Location of hearing
47 A hearing must be held in the community that the Review Board determines is the most
appropriate community closest to the aquaculture site that is the subject of the hearing.
Date of hearing
48 (1) The Review Board must set a date for a hearing no later than 30 days after the date
it receives an application referred by the Minister.
(2) A date set for a hearing under subsection (1) must be at least 180 days but no later
than 270 days from the date the Review Board sets the hearing date.
(3) The Review Board must give the Minister, or Minister’s delegate, and the
applicant to a hearing at least 180 days’ written notice of the hearing date.
Public notice of hearing
49 (1) Public notice of a hearing by the Review Board
(a) must be published on the Department’s website and in the Royal Gazette
Part I; and
(b) may be published by any additional means determined by the Review
Board.
(2) Public notice of a hearing must be published by the clerk of the Review Board no
later than 30 days after the date the Review Board receives an application referred
by the Minister and must include all of the following information:
(a) the date the application was received by the Review Board;
(b) the nature of the application submitted to the Review Board;
(c) the applicant’s name;
(d) the time and place of the hearing;
(e) the location of the aquaculture site that is the subject of the hearing;
(f) the proposed species to be cultivated;
(g) the proposed method of cultivation;
(h) directions for how the public may request intervenor status from the Review
Board;
(i) the prescribed time period for submitting a request for intervenor status to
the Review Board;
(j) the prescribed time period for the public to submit written comments or
requests to make a sworn oral statement or affirmation under Section 55;
(k) any additional information about the hearing that the Review Board
considers should be made public at this stage in the process.
Request for intervenor status
50 (1) A person may request intervenor status from the Review Board.
(2) A request under subsection (1) must be in writing in a manner determined by the
Review Board and must be submitted to the Review Board no later than 15 days
after the date that notice of the hearing is published under Section 49.
Decision on request for intervenor status
51 (1) The Review Board must decide all requests received under subsection 50(2) no
later than 30 days after the date that notice of the hearing is published under
Section 49.
(2) The Review Board must grant intervenor status to any person requesting it who, in
the Review Board’s opinion, is substantially and directly affected by the hearing.
(3) The Review Board may grant intervenor status on such terms and conditions as the
Review Board considers appropriate.
(4) The Review Board may consolidate 2 or more intervenors into a single party.
(5) Unless otherwise permitted by the Review Board, the participation of an intervenor
is limited to the issues set out by the intervenor in their request under Section 50.
(6) A decision made by the Review Board under subsection (1) is final.
(7) The clerk of the Review Board must provide written notice of a decision made
under subsection (1) to the person requesting intervenor status no later than 10
days after the date the decision is issued.
(8) The clerk of the Review Board must provide all other parties to a hearing with a
written notice containing the final list of intervenor parties no later than 10 days
after the date the decision on their status is issued.
Copies of documents to intervenor
52 (1) Except as provided in subsection (2), the Review Board must provide copies of all
of the documents referred to the Board under subsection 26(1) to an intervenor at
the time they are provided with notice of the decision under Section 51.
(2) Subsection (1) does not apply to any document that an applicant has requested be
held in confidence until the Review Board makes an order respecting the
confidentiality of the document, and then applies only in a manner consistent with
that order.
Copies of documents and correspondence to parties
53 (1) Except as provided in subsection (2), at the same time any correspondence or
document is filed with the Review Board by a party to a hearing, copies of the
correspondence or document must also be delivered to each of the other parties to
the hearing.
(2) Subsection (1) does not apply to any document that an applicant has requested be
held in confidence until the Review Board makes an order respecting the
confidentiality of the document, and then applies only in a manner consistent with
that order.
(3) At the same time the Review Board delivers any correspondence to a party to a
hearing, the Review Board must deliver a copy of the correspondence to each of
the other parties.
Pre-hearing conference
54 The Review Board must conduct pre-hearing conferences with the parties to a hearing,
the purpose of which may include any of the following:
(a) consolidating, determining, or addressing issues raised by parties;
(b) consolidating witnesses;
(c) pre-qualifying experts;
(d) determining the order of filing documents along with their respective due
dates;
(e) establishing how evidence will be presented or otherwise entered into the
record;
(f) determining the most suitable date for a hearing;
(g) any additional purposes considered necessary by the Review Board.
Public participation in hearing
55 (1) A member of the public who is not a party to the hearing may participate by
submitting 1 of the following to the Review Board no later than 15 days after the
date that notice of the hearing is published under Section 49:
(a) written comments, in the manner determined by the Review Board;
(b) a request to make a sworn oral statement or an affirmation, in the manner
determined by the Review Board.
(2) To be considered by the Review Board, a sworn oral statement or an affirmation
provided by any member of the public must be in relation to 1 or more of the
factors set out in subsection 17(1).
(3) The Review Board may establish any limits, terms and conditions for a submission
received under subsection (1).
Submission of written evidence
56 (1) A party who intends to present written or visual evidence at a hearing must provide
the evidence to the Review Board as follows:
(a) at least 60 days before the date of the hearing; and
(b) by means of an affidavit, with a copy to each of the other parties.
(2) The Review Board may require all or part of 2 or more intervenors’ evidence to be
consolidated if the Review Board determines that consolidation is necessary to
avoid repetitive or cumulative evidence presented.
(3) The Review Board may establish procedures for the order and timeframe in which
parties are to submit responses to written evidence.
Submissions by Minister
57 (1) The reports referred by the Minister to the Review Board under subsection 26(1)
form part of the record of a hearing and, in the absence of evidence to the contrary,
are deemed admissible as proof of the truth of their contents.
(2) The Minister may submit rebuttal evidence in response to evidence that has been
submitted by other parties.
Opening hearing
58 The Review Board must open a hearing by describing in general terms the purpose of the
hearing and the general procedure governing its conduct.
Adjourning and reconvening hearing
59 (1) The Review Board may adjourn a hearing and reconvene the hearing at any time
and at any place the Review Board considers appropriate.
(2) The Review Board must provide reasonable notice of the time and place of a
reconvened hearing to the parties to the hearing and to the public.
Evidence at hearing
60 (1) Evidence presented at a hearing must be relevant to all of the following:
(a) the proposed aquacultural operation, including its geographic location;
(b) the factors required to be considered by the Review Board under subsection
17(1).
(2) The Review Board may exclude anything it considers to be hearsay, irrelevant,
immaterial or unduly repetitious from the evidence presented at a hearing.
(3) Unless otherwise permitted by the Review Board, intervenor evidence is limited to
any terms and conditions placed on the grant of their intervenor status under
subsection 51(3).
(4) A party to a hearing may submit written evidence to the Review Board or present
oral testimony at the hearing to explain their position.
(5) The Review Board may establish limits on any of the following:
(a) the number of pages in submissions;
(b) the length of oral testimony;
(c) the length of presentations.
(6) A party is not entitled to present the evidence of an expert witness at a hearing
unless
(a) the evidence is in the form of a report that includes all of the following:
(i) the expert’s name, address and qualifications,
(ii) a statement of the substance of the expert’s proposed evidence; and
(b) the party has provided the evidence to the Review Board and each of the
other parties as required by subsection 56(1).
(7) The Review Board may take notice of any facts of which judicial notice could be
taken.
Documentary and real evidence at hearing
61 (1) The clerk of the Review Board must number or otherwise identify each document,
material item and object offered and accepted as evidence in a hearing.
(2) The Review Board may accept evidence submitted in the form of a copy or excerpt
if the original is not readily available.
(3) The Review Board may require any person presenting a document or photograph
as an exhibit to submit a specified number of copies, unless the document or
photograph is determined to be unsuitable for reproduction.
Questions at hearing
62 (1) The chair of a panel of the Review Board may do all of the following at a hearing:
(a) determine the order of questioning;
(b) exclude any question that, in the panel chair’s opinion, is outside of the
terms of reference of the Review Board or is needlessly repetitive in nature;
(c) limit the number of questions that may be asked.
(2) The Review Board may request a party to empanel 2 or more witnesses in order to
answer questions.
(3) A question asked at a hearing that is addressed to a group of persons representing a
party may be directed to a specific member of the group or all members present in
person.
(4) If a question asked at a hearing is directed to a specific member of a group
representing a party and that person is unable to answer because of a lack of
knowledge or qualification, the panel chair may permit another member of the
group to provide an answer.
(5) If a party is unable to answer a question at a hearing without further consultation or
research, the party must undertake to provide an answer by the following
applicable deadline and the Review Board must provide the response to the person
who asked the question and to any other person, on request,
(a) on or before the close of the hearing; or
(b) if it is not possible to comply with clause (a), no later than 7 days after the
close of the hearing.
Conclusion of hearing
63 (1) At the conclusion of a hearing, the record of the hearing must be closed and no
other evidence may be entered into the record, except by agreement of all parties or
in accordance with subsection (2).
(2) The Review Board may re-open the record of a hearing after it has been closed to
take additional evidence on specific issues if the Review Board is not satisfied that
all necessary information to make a decision has been presented.
Record of hearing
64 (1) The clerk of the Review Board must keep a full and complete record for each
hearing.
(2) A record of a hearing must include all of the following:
(a) the application;
(b) supporting documents; and
(c) all exhibits.
Review Board decision
65 (1) No later than 60 days after the date that a hearing concludes, the Review Board
must decide on the application and issue a written decision that includes the
reasons for the decision.
(2) In setting out reasons in a written decision, the Review Board must include all of
the following:
(a) the findings of fact on the evidence related to the factors required to be
considered under subsection 17(1);
(b) the conclusions of law based on the findings of fact;
(c) the particulars of any deviations by the Review Board from the hearing
procedures set out in these regulations.
(3) Once a written decision on an application is issued by the Review Board, the clerk
of the Review Board must do both of the following:
(a) send a certified copy of the decision to each party to the hearing;
(b) publish a certified copy of the decision on the Department’s website.
Deadline for implementing Review Board decision
66 An action of the Minister to implement a decision of the Review Board under Section 52
of the Act must be taken no later than 15 days after [the] date the appeal period set out in
Section 50 of the Act ends.
Terms and Conditions of Licences and Leases
Information included on licence or lease
67 (1) A licence or lease must indicate all of the following information:
(a) the type of aquaculture site;
(b) the type of aquacultural operation;
(c) the methods of cultivation authorized;
(d) the species that may be cultivated;
(e) the term of the licence or lease;
(f) the geographic coordinates of the boundaries of the aquaculture site.
(2) In addition to the requirements of subsection (1), a licence or lease may specify the
maximum amount of aquacultural produce allowed on the aquaculture site.
Types of aquaculture sites
68 (1) Aquaculture sites are limited to the following 2 types:
(a) marine;
(b) land-based.
(2) An aquaculture site in brackish waters is deemed to be of the marine type.
(3) A licence or lease may be issued for only 1 type of aquaculture site.
Types of aquacultural operations
69 (1) All of the following are the types of aquacultural operations:
(a) commercial;
(b) special experimental;
(c) institutional.
(2) A licence or lease may be issued for only 1 type of aquacultural operation at a
time.
(3) A licencee [licensee] or lessee who seeks to substitute one type of aquacultural
operation for another must apply to the Minister for a new licence or lease in
accordance with Section 45 of the Act and these regulations, including any
requirement to submit a proposal for an option to lease.
Special experimental licences and leases
70 (1) Aquaculture conducted under a special experimental licence or special
experimental lease must be for the following purposes only:
(a) to test or develop new technology or methods;
(b) to test the technical feasibility of an aquaculture site.
(2) Aquaculture conducted under a special experimental licence must not be on a scale
that exceeds the purposes for which the licence was granted.
Institutional licences and leases
71 Aquaculture conducted under an institutional licence or institutional lease must be for the
following purposes only:
(a) to carry out public fishery enhancement;
(b) to carry out general research activities.
Methods of cultivation and types of species
72 (1) The methods of cultivation and types of species for each type of aquaculture site
are as set out in the following table:
Type of
Aquaculture Site
|
Method of Cultivation
|
Type of Species
|
marine
|
marine cage
|
finfish
|
suspended
|
shellfish or aquatic plants
|
bottom with gear
|
shellfish or aquatic plants
|
bottom without gear
|
shellfish or aquatic plants
|
land-based
|
facility
|
finfish, shellfish or aquatic
plants
|
U-fish
|
finfish
|
(2) A licence or lease may be issued for 1 or more methods of cultivation or types of
species at a time, consistent with subsection (1).
(3) A licencee [licensee] or lessee may apply to the Minister to amend a licence or
lease in accordance with the Act and these regulations to add, remove, or substitute
1 or more methods of cultivation or species.
Term and renewal of licence or lease
73 (1) The term of a licence must not exceed 10 years and may be renewed for further
terms of no longer than 10 years each.
(2) The term of a lease must not exceed 20 years and may be renewed for further
terms of no longer than 20 years each.
(3) Unless otherwise permitted by the Minister, an application to renew a licence or
lease must be submitted to the Minister at least 12 months before the licence or
lease expires and no later than 6 months before their licence or lease expires.
(4) A licencee [licensee] or lessee may submit an application to the Minister to amend
their licence or lease to change the expiry date so that it corresponds with the
expiry date of another licence or lease granted to the same holder, but only if this
does not result in the granting or renewal of a term longer than that permitted
under this Section.
(5) Despite subsections (1) to (3), a special experimental licence or special
experimental lease must not exceed 5 years and may not be renewed for further
terms.
Location and marking
74 (1) A lessee must mark each of their aquaculture sites in a manner determined by the
Minister and ensure that each of their aquaculture sites is marked as required
before any development takes place at the site.
(2) A lessee must ensure that gear and aquacultural produce related to any of their
aquaculture sites remains within the geographic boundaries of that site.
Security bond
75 (1) A lessee must ensure that a security bond is in place for the aquaculture site under
the lease until a certificate of discharge is issued by the Administrator.
(2) The holder of a new lease must not begin their aquacultural operation until the
security bond required by subsection (1) is approved by the Administrator.
(3) A security bond must be in a form satisfactory to the Administrator.
(4) Except as provided in subsections (5) and (6), and subject to subsection (7), a
security bond must be in an amount equal to or exceeding the amount set out in the
following table for the method of cultivation authorized under the lease:
Method of
Cultivation
|
Size of Aquaculture Site
(in Hectares)
|
Minimum Security
Bond Amount
|
marine cage
|
any size
|
$25 000
|
suspended
|
> 50 ha
|
$15 000
|
> 10 ha and ≤ 50 ha
|
$10 000
|
≤ 10 ha
|
$5000
|
bottom with gear
|
> 50 ha
|
$1500
|
> 10 ha and ≤ 50 ha
|
$1000
|
≤ 10 ha
|
$500
|
bottom without gear
|
any size
|
$50
|
(5) For a holder of a special experimental lease or a holder of an institutional lease, the
amount required for a security bond is 50% of the applicable amount specified in
subsection (4).
(6) For a lessee who is authorized for more than 1 method of cultivation on a site, the
amount required for a security bond is the highest amount listed in subsection (4)
that is applicable to the lessee.
(7) The Minister may approve collective security arrangements for a group of lessees if
the Minister is satisfied that those arrangements will effectively meet the
requirements of this Section.
Access for adjacent land owner
76 A licencee [licensee] must conduct their aquacultural operation so as not to deprive any
owner of real property adjacent to a body of fresh, brackish or marine water from
reasonable access to and from the water.
Recording and reporting requirements
77 (1) A licencee [licensee] must maintain current and accurate records of all of the
following with respect to their aquacultural operation:
(a) all aquacultural produce sales, including the date, number or weight and
destination of each sale;
(b) all losses of aquacultural produce by any means, including predation and
weather;
(c) all on-site inventory;
(d) all transfers of produce into and out of the aquaculture site (including for the
purposes of relay depuration), including the date, amount (in units each
and/or weight), source and destination; and
(e) any additional information that the Minister requires to be recorded.
(2) A licencee [licensee] must retain each record maintained under subsection (1) at
their normal place of business for at least 7 years from the date of the last entry in
the record.
(3) On request, a licencee [licensee] must provide the Minister or the Minister’s
designate with any information from their records that is specified in the request, in
the manner and within the time period specified in the request.
(4) A licencee [licensee] must submit an annual report to the Minister at a time
determined by the Minister that sets out any information required by the Minister
about the licencee’s [licensee’s] use of the aquaculture site under the licence and
the productivity of the site.
(5) At the end of the term of a special experimental licence, the licencee [licensee]
must make a summary of the research results from the aquaculture conducted
under the special experimental licence available to the Minister.
(6) The Minister, in the Minister’s sole discretion, may release a summary submitted
under subsection (5) to the public in full or in part.
No sublicensing or subletting
78 (1) A licencee [licensee] must not sublicence [sublicense] their interest in an
aquaculture site.
(2) A lessee must not sublet their interest in an aquaculture site.
(3) A sublicence or sublease contrary to this Section is void.
Use of aquaculture site
79 (1) A lessee must use all of the aquaculture site for aquaculture purposes, to the degree
and in the manner determined by the Administrator.
(2) A lessee is responsible for any aquaculture gear present at an aquaculture site,
regardless of whether the gear was abandoned by a previous site operator.
Administrator may amend licence or lease without application
80 The Administrator may amend a licence or lease without requiring an application to do
so under any of the following circumstances:
(a) to correct an error;
(b) to address a revised policy or a regulatory change of the Government or of
the Government of Canada;
(c) as a matter of administrative clarity.
Community benefits plan
81 (1) In this Section,
“community benefits plan” means a plan that identifies measurable social and
economic benefits of an aquacultural operation to the community and the Province.
(2) A community benefits plan must be in a form acceptable to the Minister and
contain any information the Minister determines is necessary.
(3) The Minister, in their discretion, may require any licencee [licensee] or lessee,
including a licencee [licensee] or lessee who applies to the Minister to renew a
licence or lease, to have a community benefits plan approved by the Minister for an
aquacultural operation that is subject to a licence or lease they hold.
(4) Upon approval by the Minister of a community benefits plan under subsection (3),
compliance with the plan, to the satisfaction of the Minister, is deemed to be a term
and condition of the licence or lease, including any renewed licence or lease.
(5) The Minister may require a licencee [licensee] or lessee whose licence or lease is
subject to a community benefits plan to submit information, in the form and
manner prescribed by the Minister, about implementation of the community
benefits plan.
Discontinuance of Marine Aquacultural Operation
Request for certificate of discharge
82 (1) A lessee or former lessee must obtain a certificate of discharge from the
Administrator
(a) on revocation of a lease by the Administrator under Section 59A of the Act;
or
(b) on the decision of a lessee to discontinue their marine aquacultural
operation.
(2) A request to the Administrator for a certificate of discharge must include all of the
following:
(a) a remediation plan;
(b) an anticipated date of completion of the remediation plan;
(c) payment of any outstanding fees that are owed for the lease.
(3) On receiving a request for a certificate of discharge, the Administrator must do 1 of
the following with respect to the remediation plan submitted with the request:
(a) accept the remediation plan as submitted;
(b) establish an amended remediation plan with or without adjusting the
anticipated date of completion of the remediation plan.
When Minister may remediate aquaculture site
83 (1) The Minister may remediate an aquaculture site at the risk and expense of a lessee
or former lessee of the site in either of the following circumstances:
(a) the site is not remediated in accordance with the remediation plan by the
anticipated date of completion provided in the request for a certificate of
discharge under Section 82;
(b) in the Minister’s opinion, the site is abandoned without a request for a
certificate of discharge.
(2) The Minister may draw on the security bond of a lessee or former lessee to recover
any costs associated with the Minister remediating an aquaculture site.
(3) If a security bond fails to cover all expenses incurred, the Minister may issue an
order under Section 103 of the Act to a lessee or former lessee to recover any
outstanding expenses associated with remediating an aquaculture site.
Certificate of discharge
84 On verifying that remediation of an aquaculture site of a former lessee or lessee is
complete, either as set out in a plan established under Section 82 or as carried out by the
Minister under Section 83, the Administrator must issue a certificate of discharge to the
former lessee or lessee and release any unused portion of their security bond.
Compliance Review
Timing of compliance reviews
85 (1) In addition to the compliance reviews required by Sections 24 and 33 for Class I
and Class II applications, the Administrator, or an employee of the Department
appointed by the Administrator, must conduct compliance reviews at the following
times:
(a) for a new licence, following the first production cycle, as determined on
initial issuance of the licence;
(b) at any time the Minister considers a compliance review to be necessary.
(2) In addition to the compliance review required by Section 39 for a Class III
application, the Administrator or an employee of the Department appointed by the
Administrator, may conduct compliance reviews at the following times:
(a) when any licencee [licensee] or lessee has outstanding annual fees, as
required by Section 94, that remain unpaid for more than 3 months;
(b) when any licencee [licensee] has outstanding annual reports, as required by
subsection 77(4), that remain overdue for more than 3 months.
Process for compliance review
86 (1) The Minister must determine the criteria for and scope of a compliance review.
(2) While conducting a compliance review, the Administrator, or an employee of the
Department appointed by the Administrator, may consult with
(a) other departments or agencies of the Government or the Government of
Canada; or
(b) any person, group of persons or organization considered necessary.
Outcomes of compliance review
87 (1) The Administrator, or an employee of the Department appointed by the
Administrator, must generate a report on the outcomes of a compliance review
they conduct.
(2) If concerns are raised by a compliance review, on completion of the review the
Administrator may address the concerns by doing 1 of the following:
(a) suspending a licence or lease;
(b) varying the terms and conditions of a licence or lease;
(c) revoking a licence or lease under Section 59A of the Act.
Performance Review of an Aquacultural Operation
Timing of performance reviews
88 In addition to the performance reviews required by Sections 25 and 34 for Class I and
Class II applications, the Administrator or an employee of the Department appointed by
the Administrator, must conduct performance reviews at the following times:
(a) for a new licence, following the first production cycle, as determined on
initial issuance of the licence;
(b) before entering the information related to the aquaculture site into the
aquaculture registry;
(c) at any time the Minister considers a performance review to be necessary.
Process for performance review
89 The Minister must determine the criteria for and scope of a performance review.
Outcomes of performance review
90 (1) The Administrator, or an employee of the Department appointed by the
Administrator, must generate a report on the outcomes of a performance review
they conduct.
(2) If concerns are raised by a performance review, on completion of the review the
Administrator may address the concerns by doing 1 of the following:
(a) suspending the licence or lease;
(b) varying the terms and conditions of the licence or lease;
(c) revoking the licence or lease under Section 59A of the Act.
Fee Payments and Fee Waivers
Payment of fees
91 (1) A fee must be paid for each application for, or associated with, a licence or lease.
(2) All fees are payable to the Minister of Finance and Treasury Board.
(3) All fees are non-refundable once an application is processed by the Department,
and withdrawal of an application does not result in a refund of fees.
Application fee payable with completed application
92 (1) An application is not considered complete and ready for processing until the
application fee is paid.
(2) Submission of an application fee without a completed application is not sufficient
to constitute an intent to apply for, or renew, a licence or lease.
Application Fees and Annual Fees
Fees for licence and lease applications
93 (1) The application fees for a new or reallocated licence or lease that is for a non-ADA
are as set out in the following table:
New Licence/Lease (non-ADA)
|
Application Fee
|
Operation
Type
|
Site
Type
|
Cultivation Method
(Species Type)
|
Application
Class
|
Licence
|
Lease
|
commercial
|
marine
|
marine cage
(finfish)
|
Class IA
|
$1000.00
|
$1000.00
|
suspended
(shellfish)
|
Class IB
|
$500.00
|
$500.00
|
suspended (aquatic
plants)
|
$250.00
|
$250.00
|
bottom with gear
(aquatic plants or
shellfish)
|
$375.00
|
$375.00
|
bottom without
gear (aquatic plants
or shellfish)
|
$250.00
|
$250.00
|
land-based
|
any
|
Class III
|
$500.00
|
n/a
|
special
experimental
|
marine
|
any
|
Class II
|
$250.00
|
$250.00
|
land-based
|
any
|
Class III
|
$250.00
|
n/a
|
institutional
|
marine
|
any
|
Class II
|
$250.00
|
$250.00
|
land-based
|
any
|
Class III
|
$250.00
|
n/a
|
(2) The application fees for a new licence or lease that is for an area designated as an
aquaculture development area are as set out in the following table:
New Licence/Lease (Aquaculture Development Area)
|
Application Fee
|
Operation
Type
|
Site
Type
|
Cultivation Method
(Species Type)
|
Application
Class
|
Licence
|
Lease
|
commercial
|
marine
|
marine cage
(finfish)
|
Class II
|
$2000.00
|
$2000.00
|
suspended
(shellfish)
|
$1000.00
|
$1000.00
|
suspended (aquatic
plants)
|
$500.00
|
$500.00
|
bottom with gear
(aquatic plants or
shellfish)
|
$750.00
|
$750.00
|
bottom without
gear (aquatic plants
or shellfish)
|
$500.00
|
$500.00
|
special
experimental
|
any
|
any
|
Class II
|
$250.00
|
$250.00
|
institutional
|
any
|
any
|
Class II
|
$250.00
|
$250.00
|
(3) The application fees to amend an existing licence or lease are as set out in the
following table:
Amendment to Licence/Lease
|
Application Fee
|
Operation
Type
|
Site
Type
|
Amendment to
Cultivation Method
or Species Type
|
Application
Class
|
Licence
|
Lease
|
commercial
|
marine
|
add marine cage
method
|
Class IA
|
$1000.00
|
$1000.00
|
add suspended
method
|
Class II
|
$375.00
|
$375.00
|
add bottom with
gear method
|
Class II
|
$250.00
|
$250.00
|
add bottom without
gear method
|
Class II
|
$125.00
|
$125.00
|
remove cultivation
method
|
Class III
|
$125.00
|
$125.00
|
add or remove 1 or
more species (no
change to
cultivation method)
|
Class III
|
$250.00
|
$250.00
|
change to site
boundaries
(resulting in
increase to size of
site)
|
Class IA
or IB
|
$500.00
|
$500.00
|
change to site
boundaries (no
increase to size of
site)
|
Class II
|
$500.00
|
$500.00
|
change to site
boundaries (pre-October 2015 site)
|
Class III
|
$125.00
|
$125.00
|
special
experimental
|
marine
|
add suspended,
bottom with gear
or bottom without
gear method
|
Class II
|
$250.00
|
$250.00
|
remove a
cultivation method
|
Class III
|
$125.00
|
$125.00
|
add or remove 1 or
more species (no
change to
cultivation method)
|
Class III
|
$250.00
|
$250.00
|
institutional
|
marine
|
add suspended,
bottom with gear
or bottom without
gear method
|
Class II
|
$250.00
|
$250.00
|
remove a
cultivation method
|
Class III
|
$125.00
|
$125.00
|
add or remove 1 or
more species (no
change to
cultivation method)
|
Class III
|
$250.00
|
$250.00
|
any
|
land-based
|
any
|
Class III
|
$250.00
|
n/a
|
any
|
any
|
change to term
under subsection
73(4)
|
Class III
|
$125.00
|
$125.00
|
any
|
any
|
assignment
|
Class III
|
$250.00
|
$250.00
|
any
|
any
|
amalgamation
|
Class III
|
$500.00
|
$500.00
|
(4) The application fees to renew an existing licence or lease are as set out in the
following table:
Licence/Lease Renewal
|
Application Fee
|
Operation
Type
|
Site
Type
|
Cultivation Method
(Species Type)
|
Application
Class
|
Licence
|
Lease
|
commercial
|
marine
|
any
|
Class II
|
$500.00
|
$1000.00
|
institutional
|
marine
|
any
|
Class II
|
$125.00
|
$125.00
|
commercial
|
land-based
|
any
|
Class III
|
$500.00
|
n/a
|
institutional
|
land-based
|
any
|
Class III
|
$250.00
|
n/a
|
Annual fees
94 (1) Except as provided in subsection (2), a licencee [licensee] or lessee must pay an
annual fee on each anniversary date of the expiry date of the licence or lease.
(2) There is no annual fee for an institutional licence or an institutional lease.
(3) The annual fees for any type of aquacultural operation other than for a licensee or
lessee described in subsection (2), are as set out in the following table:
Item
|
Annual Fee Amount
|
licence
|
$398.10
|
lease
|
$13.30 per hectare
|
(4) An annual fee that is paid later than as required by subsection (1) is subject to a
late fee of the greater of the following:
(a) 10% of the annual fee amount;
(b) $100.00.
(5) If an amendment to a licence or lease results in a change to the annual fee, the
annual fee payable is adjusted at the next anniversary date.
(6) The holder of a land-based licence that exclusively uses the U-fish cultivation
method is eligible for a rebate of $124.60 on their annual fees.
Minister may waive annual fee
95 (1) The Minister may waive annual fees payable by a licencee [licensee] or lessee if all
of the following conditions are met:
(a) existing environmental, food safety, market or fish health conditions have
resulted in a loss to the licencee [licensee] or lessee;
(b) the loss referred to in clause (a) cannot, in the Minister’s opinion, be
mitigated;
(c) significant hardship is demonstrated by the licencee [licensee] or lessee.
(2) An annual fee waiver granted under subsection (1) may apply to any of the
following:
(a) 1 or more types of aquacultural operations;
(b) 1 or more species of aquacultural produce;
(c) 1 or more geographic areas.
(3) A request to have an annual fee waived must be submitted by a licencee [licensee]
or lessee before the date that payment of the fee is due and be accompanied by any
supporting information required by the Minister.
(4) Once a year, the Minister must review the records of fees waived during the
preceding year.
Schedule A: Classification of Applications
Class I Applications
|
Class IA Application Type
|
Decision maker
(as set out in Act)
|
New marine commercial licence or lease for the marine cage
cultivation of finfish (non-ADA)
|
Review Board
|
Amendment to an existing marine commercial licence or lease to add
the marine cage cultivation of finfish
|
Amendment to an existing marine cage commercial licence or lease to
modify the site boundaries resulting in an increase in the size of the site
|
Class IB Application Type
|
Decision maker
(as set out in Act)
|
New marine commercial licence or lease except for those involving the
marine cage cultivation of finfish (non-ADA)
|
Administrator
|
Amendment to an existing marine commercial licence or lease to
modify the site boundaries resulting in an increase in the size of the site
except for those involving the marine cage cultivation of finfish
|
Class II Applications
|
Application Type
|
Decision maker
(as set out in Act)
|
New marine licence or lease within an aquaculture development area
|
Administrator
|
New marine special experimental or marine institutional licence or
lease
|
Amendment to an existing marine licence or lease to add the
suspended, bottom with gear or bottom without gear cultivation
methods
|
Amendment to an existing marine licence or lease to modify the site
boundaries (without an increase in the size of the site)
|
Renewal of marine commercial or marine institutional licence or lease
|
Reallocation of an existing marine aquaculture site, resulting in a new
licence or lease
|
Class III Applications
|
Application Type
|
Decision maker
(as set out in Act
or regulations)
|
New land-based licence (commercial, special experimental,
institutional)
|
Administrator
|
Renewal of land-based licence (commercial, institutional)
|
Amendment to an existing land-based licence (commercial, special
experimental, institutional)
|
Amendment to an existing marine licence or lease to remove a method
of cultivation
|
Amendment to an existing marine licence or lease to add or remove
species (with no change to the method of cultivation)
|
Amendment to an existing licence or lease (marine and land-based) to
change the expiry date under subsection 73(4)
|
Assignment of an existing licence or lease (marine and land-based)
|
Amalgamation of 2 or more marine licences or leases and their
associated aquaculture sites (with no change to the type of operation,
site boundaries or methods of cultivation)
|
Amendment to an existing licence or lease to modify the site
boundaries under Section 42
|
The following regulations are not
yet in force and are not included in the current consolidation: