Fish Processors & Fish Buyers Licence Policy
Table of Contents
1. Authorities
2. Policy Statement
3. Objectives
1. Application and Approval Process
2. Fees
3. Appeal Process
C. Termination, Amendment or Suspension
1. General
1. General
2. Non-Food Use
3. Independent Buyers
3.1 Shellfish
i. Lobster (Wholesale)
ii Lobster (Retail)
iii Periwinkles
3.2 Specialty Items
3.3 By-Catch Species
1. General
2. Secondary Processing
3. Non-Food Use
4. Relocation
5. Voluntary Closure
Licence Fees
Schedule “B” - (Revised July 20, 2012)
Eligible and Ineligible Species List
Nova Scotia Live Lobster Holding and Handling Criteria
Additional Information:
List of Contacts and Web Site Information
A. |
INTRODUCTION |
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1. | AUTHORITIES Fisheries and Coastal Resources Act, S.N.S. 1996 c. 25, as amended Fish Buyers’ Licensing and Enforcement Regulations, O.I.C. 2000-286 (June 1, 2000), N.S.Reg. 99/2000 Fish Inspection Regulations, O.I.C. 84-1404 (December 4, 1984, effective January 1, 1985), N.S. Reg. 286/84 as amended up to O.I.C. 2002-142 (March 28, 2002, effective January 1, 2002), N.S. Reg. 47/2002 |
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2. | POLICY STATEMENT The purpose of this policy is to provide, within the province of Nova Scotia, an equitable environment in which to conduct fish buying and fish processing activities.Consultation with industry, reports to the Minister of Fisheries and Oceans by the Fisheries Resource Conservation Council, and periodic reviews of the Department’s 1994 Fish Processors and Fish Buyers Licence Policy, contributed to the development of this policy document.Careful consideration will be given to all matters related to fish processing and fish buying which evolve from the ongoing negotiation process of fishing agreements between First Nations and the federal government. |
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3. | OBJECTIVES The objectives of this policy are to:
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B. |
ISSUANCE AND RENEWAL |
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1. | APPLICATION AND APPROVAL PROCESS | |
1.1 | An applicant may apply for a Fish Processors Licence and/or a Fish Buyers Licence by completing application forms which are available here: Licensing & Leasing, or from the Nova Scotia Department of Fisheries and Aquaculture (1575 Lake Road, Shelburne, Nova Scotia) or Coastal Resource Coordinator offices located throughout the province (see List of Contacts). |
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1.2 | An applicant, or an existing licence holder, may be required to submit a business plan which outlines the intended operation, any necessary approvals, or any other information, including, but not limited to, the following:
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1.3 | An applicant, or an existing licence holder, will be advised of the outcome of the application, in writing, within 21 days of the Registrar of Licensing receiving all information relevant to the application. |
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1.4 | When a licence is issued, it will contain species and/or process endorsements. |
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1.5 | All applicable municipal, provincial and federal permits and approvals must be in place to obtain a Fish Processors Licence and/or a Fish Buyers Licence, and all permits and approvals must remain valid. |
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2. | FEES | |
2.1 | A $257.65 non-refundable administration fee must accompany each application for a Fish Processors Licence and a Fish Buyers Licence. | |
2.2 | All fees are payable by cheque or money order, made payable to the Minister of Finance. | |
2.3 | Licence fees, as set out in regulation, are payable prior to the issuance of a licence or renewal of an existing licence.(See Schedule “A”) | |
2.4 | If a licence renewal fee is not received within fifteen days of the expiry date of the licence, the licence will be cancelled. In order for the licence to be reinstated within the fifteen days, an application for the licence must be submitted, together with fees as outlined in paragraph 2.1 to 2.3 above. |
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3. | APPEAL PROCESS | |
3.1 | A person who is aggrieved by a decision of an employee of the Department may appeal the decision to the Minister, within thirty days of the date of the decision, by notifying the Minister in writing and submitting a non-refundable $257.65 fee. |
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C. | TERMINATION, AMENDMENT OR SUSPENSION | |
1. | GENERAL | |
1.1 | The Minister has the authority under the Fisheries and Coastal Resources Act to refuse to issue a licence, to amend, vary or terminate a licence as part of his/her mandate for the general supervision and control of the processing, buying, selling, packaging, possession and marketing of fish within the Province. All licensing decisions are made in light of that mandate. | |
1.2 | If an applicant or a licence holder is under investigation by the Department for an offence under the Fisheries and Coastal Resources Act (including regulations under the Act) for matters pertaining to fish and fish products, all transactions related to the application or the licence may be deferred until the matter has been resolved. | |
1.3 | If an applicant or a licence holder is under investigation or has been found guilty of an offence under the Fisheries and Coastal Resources Act or regulations, the Minister may refuse, pursuant to Section 75 of the Act, to issue a licence and the Minister may, in addition to any other actions that may be taken against the licence holder, amend, suspend, terminate or not renew the licence, pursuant to subsection 76(2) or (3) of the Fisheries and Coastal Resources Act. | |
1.4 | If an applicant or a licence holder has been found guilty of an offence under:
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1.5 | The Minister will notify the licence holder of the
pending action, and the licence holder may apply for
a hearing to show cause why their licence should not
be terminated, amended or suspended and why it should
be renewed. |
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D. | FISH BUYERS LICENCE | |
1. | GENERAL | |
1.1 | A Fish Buyers Licence may be issued, or amended, to a person who is licensed to process those species outlined in Schedule “B”. | |
1.2 | A licensed fish buyer, who does not own and maintain a fish processing facility, is not eligible to amend a licence unless specifically identified in this policy. | |
1.3 | A licensed fish buyer is required, in accordance with regulations, to designate the ports where he/she conducts fish buying activity. | |
2. | NON-FOOD USE | |
2.1 | A person who buys fish for non-food use will require a Fish Buyers Licence.Non-food use includes, but is not limited to, petfood and pharmaceuticals. | |
3. | INDEPENDENT BUYER A Fish Buyers Licence may be issued or amended for the following species to a person who does not own and maintain a fish processing facility, subject to meeting the following requirements: | |
3.1 | SHELLFISH
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3.2 | SPECIALITY ITEMS - for the purpose of commercial trade
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3.3 | BY-CATCH SPECIES - A person who buys species authorized by the
Department of Fisheries and Oceans as a by-catch to the eligible species
applied for on the licence. |
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E. | FISH PROCESSORS LICENCE | |
1. | GENERAL | |
1.1 | A Fish Processors Licence may be issued or amended with species endorsements as outlined in Schedule “B” where an applicant, or an existing licence holder, can demonstrate a commitment to processing product in Nova Scotia. | |
1.2 | An active licenced fish processing facility must be in compliance, as a condition of the Fish Processors Licence, with the requirements of the Fish Inspection Regulations of the Canadian Food Inspection Agency. | |
1.3 | If a licensed fish processing facility is sold or leased, the existing licences will be cancelled and new licences may be issued to the same facility upon all regulatory requirements being met. | |
1.4 | A licence for a groundfish processing
facility will be permanently cancelled if not in compliance with the Fisheries and Coastal Resources Act or regulations for a period exceeding twelve months. | |
2. | SECONDARY PROCESSING | |
2.1 | An application for secondary processing will be considered for all species, including groundfish.A processor who is not endorsed to process groundfish in Nova Scotia, must obtain his/her primary processed groundfish from an existing licensed groundfish processing facility.“Secondary processing” means the processing of fish as part of its preparation for market beyond the primary processing stage. This can be achieved by:
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3. | NON-FOOD USE | |
3.1 | A person who processes fish for
non-food use will require a Fish Processors Licence. Non-food use includes, but is not limited to, pet food and pharmaceuticals. | |
4. | RELOCATION | |
4.1 | A licence holder may apply to relocate its licensed fish processing facility within the same county, in order to overcome critical deficiencies in construction and equipment or to address other operational deficiencies.All requests to relocate must be accompanied by documentation from a relevant regulatory agency which addresses critical deficiencies or supporting documentation which addresses operational deficiencies. | |
5. | VOLUNTARY CLOSURE | |
5.1 | Voluntary closure is a status applied to a fish processing facility that is inactive, and where the certificate of registration with Canadian Food Inspection Agency has been cancelled.A processing facility in voluntary closure must meet the requirements of the Nova Scotia Fish Inspection Regulations and is subject to annual inspections by the Department and fees as prescribed by regulation. |
Fees are calculated per species group and not by the number of individual species within that group. See Schedule "B" for a list of species within each species group. |
Applicants for a Nova Scotia Fish Buyer Licence and licence holders must meet, and continue to maintain, the requirements outlined in Sections A, B, C and D as follows: A. Protocol Applicants must develop a Nova Scotia Live Lobster Facilities Protocol by completing the Guidelines for the Development of a Live Lobster Facilities Protocol, available here: Live Lobster Facilities Protocol . Applicants must meet the Minimum Requirements as outlined on pages 4 and 5 of the Guidelines. B. General Requirements - Holding and Handing Facilities
C. Minimum Requirements Holding Facility
D. Minimum Requirements Handling Facility Each approved holding facility will have available in the immediate area a handling facility of not less than 13.4 square meters (144 square feet) in which to receive, pack and handle live lobster.
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The following information is supplemental to the Nova Scotia Fish Processors and Fish Buyers Licence Policy
(Amended April 9, 2013)
Nova Scotia Department of Fisheries and Aquaculture
MAILING ADDRESS: 1575 Lake Road Shelburne, Nova Scotia B0T 1W0 General Inquiries: Tel: 902-875-7439 |
CIVIC ADDRESS : 1575 Lake Road Shelburne, Nova Scotia B0T 1W0 |
Marine Division - Licensing & Compliance Services
Registrar Fisheries Licensing: Tel: 902-875-7430 |
Licensing Officer: Tel: 902-875-7439 Fax: 902-875-7429 |
Nova Scotia Department of Agriculture
Food Protection and Enforcement Division
Toll-free: 855-893-5309 or 902-893-5311 (Truro) Fax: 902-896-2381 |
PO Box 890 (Harlow Building) |
Federal Government
Canadian Food Inspection Agency
Tanya VanBuskirk Inspection Manager 23 Industry Avenue P.O. Box 5100 Yarmouth, Nova Scotia B5A 4R7 Tel: 902-742-6499 Fax: 902-742-2421 Email: tanya.vanbuskirk@inspection.gc.ca |
Mr. William Moore Inspection Manager 1080 Upper Prince Street P.O. Box 758 Sydney, Nova Scotia B1P 5P6 Tel: 902-564-3919 Fax: 902-564-7260 Email: moorewj@inspection.gc.ca |