Fish Buyers and Fish Processors Regulations
made under subsections 19(1) and 77(2) of the
Fisheries and Coastal Resources Act
S.N.S. 1996, c. 25
O.I.C. 2025-231 (effective July 29, 2025), N.S. Reg. 154/2025
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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Interpretation
Citation
Definitions
General
Definitions for this Part
Registrar
Categories of licences
Licence holder requirements
Limiting number of licences
Licence application
Additional information required by Minister
Licence form
Licence duration
Licence fees
Licence assignment, transfer and change in voting shares
Amending, renewing or cancelling licence
Varying, amending or terminating a licence
Falsifying documents
Buying Fish and Fish Products
Buyer licence exemptions
Single-event licence
Proof of training in fish handling
Buyer licence terms and conditions
Carry and produce licence
Request for information by Minister or inspector
Agents
Designated buyers
Processing Fish and Fish Products
Processor licence exemption
Processor licence terms and conditions
Display and produce processor licence
Request for information by Minister or inspector
Inspection
Inspector
Items subject to inspection
Inspector may take samples
Inspector may detain
Seizure
Appeal of inspector’s decision
Disposal of tainted fish or fish products
Prohibitions
Fish buying prohibitions
Fish processing prohibitions
Obstructing inspector
Schedule A: Fees
Interpretation
Citation
1 These regulations may be cited as the Fish Buyers and Fish Processors Regulations.
Definitions
2 In these regulations,
“Act” means the Fisheries and Coastal Resources Act;
“agent” means a person lawfully acting on behalf of another person and includes a
designated buyer;
“buyer licence” means a licence issued under the Act that entitles the holder of the
licence to buy fish or fish products;
“Department” means the Department of Fisheries and Aquaculture;
“designated buyer” means a person, designated under subsection 24(1), who is
authorized by the holder of a buyer licence to engage in any activities authorized
under their buyer licence subject to any conditions of the buyer licence;
“family member” means, with respect to an individual, a spouse, common-law
partner with whom the individual has co-habited for at least 1 year, parent,
stepparent, sibling, grandparent, grandchild, child, stepchild, parent-in-law, or
child-in-law;
“fish” means fishery resources as defined in the Act;
“fish products” means fish products as defined in the Act;
“illegally caught” means any of the following:
(i) caught without an appropriate licence issued either by the federal
Department of Fisheries and Oceans or the Department or without
the appropriate authorization from the Canadian Food Inspection
Agency,
(ii) caught in contravention of federal or Provincial legislation or
regulations, including, but not limited to, legislation and regulations
relating to size, season and quota;
“inspector” means an inspector as defined in the Act;
“Minister” means the Minister of Fisheries and Aquaculture;
“processing” means actions respecting fish or fish products that change the nature
or form or add to the value of the fish or fish products for the purpose of preparing
the fish or fish products for sale;
“processor licence” means a licence issued under the Act that entitles the holder of
the licence to process fish or fish products;
“retail outlet” means an establishment in the Province where goods and services
are sold or offered to a purchaser for the purpose of consumption or use and not for
resale and includes a restaurant;
“vary”, with respect to a decision of the Minister under subsection 76(2) of the
Act, includes suspend.
General
Definitions for this Part
3 In this Part,
“licence” means a buyer licence or a processor licence;
“licence holder” means a person who holds a valid buyer licence or a valid
processor licence.
Registrar
4 (1) The Minister may appoint a registrar and any employees of the Department to
administer these regulations.
(2) The registrar must create and maintain a registry containing the names of all
licence holders.
(3) The Minister may issue general directions to the registrar relating to any of the
following:
(a) issuing, renewing, varying, amending and terminating a licence;
(b) the conditions of a licence.
Categories of licences
5 The following are the categories of licences:
(a) buyer licence;
(b) processor licence;
(c) single-event licence.
Licence holder requirements
6 For the purposes of clause 76(3)(ba) of the Act, a licence holder is required to do all of
the following:
(a) comply with federal and Provincial legislation and regulations;
(b) comply with the terms and conditions of their licence;
(c) comply with the terms and conditions of any other licence issued to the
licence holder under the Act or its regulations.
Limiting number of licences
7 The Minister, in their sole discretion, may limit the number of licences that are issued if,
in their opinion, it is in the public interest.
Licence application
8 An application for a licence must be made to the Minister on the form provided by the
Department and must be accompanied by the applicable non-refundable application fee
set out in Schedule A.
Additional information required by Minister
9 For the purposes of subsection 74(3) of the Act, the Minister may require an applicant
for a licence to submit any of the following additional information:
(a) a detailed business plan in a form satisfactory to the Minister;
(b) information about the proposed buying or processing activity.
Licence form
10 (1) A licence must be in the form prescribed by the Minister.
(2) The Minister may specify any of the following on a buyer licence:
(a) the species of fish or fish products that may be purchased under the licence;
(b) the locations where the fish or fish products may be possessed or handled;
(c) the duration of the licence.
(3) The Minister may specify any of the following on a processor licence:
(a) the species of fish or fish products that may be processed under the licence;
(b) the locations where fish processing activity may take place;
(c) the duration of the licence.
Licence duration
11 A licence may be issued for a period of up to 2 years and may be renewed by the
Minister for additional periods of up to 2 years each.
Licence fees
12 (1) Before a licence is issued, a successful applicant must pay the applicable non-refundable licence fee set out in Schedule A for the entire period of the licence’s
validity.
(2) If the validity period of a licence includes a portion of a full year, the fee payable
for that portion of a full year must be pro-rated in relation to the duration of that
portion of a full year.
Licence assignment, transfer and change in voting shares
13 (1) A licence is not assignable or transferable.
(2) If the holder of the majority of the voting shares of a corporation that is a licence
holder changes, the licence holder must notify the Minister within 30 days of the
date of the change.
(3) The Minister may terminate the licence if the licence holder fails to notify the
Minister in accordance with subsection (2).
(4) Within 30 days of notifying the Minister of a change in the majority shareholder of
a corporation that is a licence holder in accordance with subsection (2), the licence
holder must apply to the Minister for a new licence in accordance with Section 8.
(5) The Minister may terminate the licence if the licence holder fails to apply for a
new licence in accordance with subsection (4).
(6) Despite subsections (4) and (5), if the holder of the majority of voting shares of a
corporation that is a licence holder are held by an individual changes, so that the
majority is now held by a family member of the individual or a trust whose
beneficiaries are all family members of the individual, the licence holder must
apply to the Minister, within 30 days of the date they notified the Minister in
accordance with subsection (2), for a new licence in accordance with subsection
(7).
(7) An application for a licence under subsection (6) must be made in accordance with
the process established by the Minister and must be accompanied by the applicable
non-refundable application fee set out in Schedule A.
Amending, renewing or cancelling licence
14 (1) A licence holder may apply to the Minister to amend, renew or cancel their licence
in writing and in the form and manner determined by the Department.
(2) An application to amend or renew a licence must be accompanied by the
applicable non-refundable fee set out in Schedule A.
Varying, amending or terminating a licence
15 (1) If the Minister intends to vary or amend a licence under subsection 76(2) of the Act
or terminate a licence under subsection 76(3) of the Act, the Minister must notify
the licence holder in writing of the pending action.
(2) The written notice referred to in subsection (1) must include all of the following
information:
(a) the Minister’s reasons for varying, amending or terminating the licence;
(b) the period of the variation or the effective date of the amendment or
termination.
(3) A licence holder who receives a notice under subsection (1) may, in writing and
within 30 days of the date they received the notice, make submissions to the
Minister.
(4) A licence holder who makes submissions to the Minister under subsection (3) must
pay the non-refundable fee set out in Schedule A.
(5) After receiving the licence holder’s submissions, the Minister must, within a
reasonable time, review the submissions and decide whether to proceed with the
pending action or not and must inform the licence holder of their decision in
writing.
Falsifying documents
16 A person must not falsify or unlawfully alter or destroy any document made or issued
under these regulations.
Buying Fish and Fish Products
Buyer licence exemptions
17 For the purposes of Section 73 of the Act, all of the following persons are exempt from
the requirement to hold a buyer licence:
(a) a person buying fish or fish products in amounts of less than 25 kg per
calendar day for personal consumption and not for resale;
(b) a person buying fish or fish products from the holder of a buyer licence;
(c) a person buying fish or fish products, other than lobster, for the purpose of
resale in a retail outlet owned by that person.
Single-event licence
18 (1) A registered non-profit organization may apply for a single-event licence to
purchase fish or fish products and process that fish or those fish products from a
fish harvester for a single event in the Province at which the fish or fish products
will be resold.
(2) A single-event licence must be in the form prescribed by the Minister and is
subject to the terms and conditions specified by the Minister.
(3) An application for a single-event licence must be made to the Minister on the form
provided by the Department.
(4) There is no fee to apply for a single-event licence.
Proof of training in fish handling
19 For the purposes of an application for a buyer licence under Section 8 or an application
to renew a buyer licence under Section 14, the Minister may require proof that the
applicant, the holder of a buyer licence or a representative acceptable to the Minister has
successfully completed a training course recognized by the Minister respecting the
handling of any species of fish or fish products specified by the Minister.
Buyer licence terms and conditions
20 A buyer licence may be issued on any terms and conditions the Minister specifies, which
may include any of the following matters:
(a) the locations at which fish or fish products are permitted to be possessed,
handled, purchased and sold;
(b) the species of fish or fish products permitted to be purchased;
(c) how the purchased fish or fish products are permitted to be used;
(d) the food safety requirements for handling the fish or fish products;
(e) a requirement to keep records of activity carried out under the licence
including, but not limited to, records of all of the following:
(i) the amount, value and price paid per kilogram for all fish or fish
products purchased,
(ii) the species of fish or fish products purchased,
(iii) the names and addresses of the fishers from whom the fish or fish
products were purchased,
(iv) the location of purchase,
(v) the location of sale,
(vi) the date and time fish or fish products were purchased,
(vii) the destination of the fish or fish products;
(f) the form and manner in which records must be kept;
(g) the person to whom records must be submitted;
(h) the time period for which records must be retained.
Carry and produce licence
21 (1) A holder of a buyer licence must carry personal identification and a copy of their
buyer licence at all times while engaged in any activity to which the buyer licence
relates, and must produce them when requested by an inspector, an employee of
the Department or a peace officer.
(2) A designated buyer must carry personal identification and their designated buyer
card at all times while engaged in any activity to which the designated buyer card
relates, and must produce them when requested by an inspector, an employee of
the Department or a peace officer.
Request for information by Minister or inspector
22 (1) On request by the Minister or an inspector, a person who holds a buyer licence
must provide the records specified in clause 20(e) if it is a term of their licence in
the manner and within the time specified in the request.
(2) Other than a person who is acting or purporting to act as an agent, a person who is
processing, buying, selling, packaging or possessing fish or fish products and does
not hold a buyer licence must, upon request by the Minister or an inspector,
immediately provide proof of any of the following in a form acceptable to the
Minister:
(a) the owner or other source of the fish or fish products;
(b) the location where the fish or fish products were obtained;
(c) the date and time the fish or fish products were obtained;
(d) the destination of the fish or fish products;
(e) any other information the Minister or inspector may request.
Agents
23 (1) Other than a designated buyer, a person who is processing, buying, selling,
packaging or possessing fish or fish products and is acting or purporting to act as
an agent must carry at all times while engaged in any activity to which the agency
relates and must, upon request by an inspector, an employee of the Department or a
peace officer, immediately provide proof of all of the following information in a
form acceptable to the Minister:
(a) the name, mailing address and telephone number of the agent’s principal;
(b) the nature and extent of the agent’s authority;
(c) the start date and end date of the agent’s authority.
(2) A person, including a designated buyer, who is processing, buying, selling,
packaging or possessing fish or fish products and is acting or purporting to act as
an agent must carry at all times while engaged in any activity to which the agency
relates and must, upon request by an inspector, an employee of the Department or a
peace officer, immediately provide proof of any of the following in a form
acceptable to the Minister:
(a) the owner or other source of the fish or fish products;
(b) if the owner or other source of the fish or fish products is a person who
holds a valid commercial fishing licence issued by the federal Department
of Fisheries and Oceans, the licence number;
(c) the location where the agent obtained possession of the fish or fish products;
(d) the date and time the agent obtained possession of the fish or fish products;
(e) the intended destination of the fish or fish products;
(f) any other information that the inspector, employee of the Department or
peace office may require.
(3) A person subject to subsection (1) must not act or purport to act as an agent if their
authority has expired.
Designated buyers
24 (1) A holder of a buyer licence may apply to the Minister to appoint 1 or more persons
as designated buyers.
(2) An application to appoint a designated buyer must be made in writing on the form
provided by the Department and must be accompanied by the non-refundable
application fee set out in Schedule A.
(3) A designated buyer may be appointed for a period of up to 2 years and may be
renewed by the Minister for additional periods of up to 2 years each.
(4) If the period of the appointment of a designated buyer includes a portion of a full
year, the application fee payable for the full year applies to that portion of the year.
(5) Any activities requiring a buyer licence that are performed by a designated buyer
are performed as agent and in the name of the holder of the buyer licence.
(6) A holder of a buyer licence must provide each designated buyer with a designated
buyer card issued by the Minister.
(7) A holder of a buyer licence must report a lost or stolen designated buyer card to the
Minister no more than 2 business days after the date they became aware of the loss
or theft.
(8) The Minister, in their sole discretion, may limit the number of designated buyers or
may cancel the appointment of a designated buyer if, in the Minister’s opinion, it is
in the public interest.
(9) No more than 2 business days after the date a designated buyer ceases to be
employed by a holder of a buyer licence or ceases permanently to perform
activities under authority of a designated buyer card in accordance with subsections
(1) and (5)
(a) the holder of the buyer licence must provide written notice to the Minister to
cancel the appointment of the designated buyer; and
(b) the designated buyer must return their designated buyer card to the holder of
the buyer licence.
Processing Fish and Fish Products
Processor licence exemption
25 (1) For the purposes of Section 73 of the Act, a fisher or their crew who processes the
fisher’s own catch into whole or dressed unfrozen fish, salted or pickled fish is
exempt from the requirement to hold a processor licence with respect to the
processing of that fish.
(2) Despite subsection (1), if a fisher has been notified by the Minister in writing that
there is a serious contamination in the place where fish are being processed by the
fisher or their crew, the fisher and their crew must not process fish in that place.
Processor licence terms and conditions
26 A processor licence may be issued on any terms and conditions the Minister specifies,
which may include any of the following matters:
(a) the locations at which fish or fish products to be processed are permitted to
be sourced;
(b) food safety requirements for fish-processing facilities;
(c) the processing of fish or fish products from an aquacultural operation;
(d) a requirement to keep records of activity carried out under the licence
including, but not limited to, records of all of the following:
(i) the species of fish or fish products processed,
(ii) the source and initial form of fish or fish products processed,
(iii) the volume of fish or fish products processed,
(iv) the manner in which fish or fish products are processed,
(v) the final processed form of the fish or fish products,
(vi) the destination of processed fish or fish products;
(e) mandatory notifications to the Minister.
Display and produce processor licence
27 A holder of a processor licence must display a copy of their processor licence at their
facilities at all times while engaged in any activity to which the processor licence relates,
and must produce it when requested by an inspector, an employee of the Department or a
peace officer.
Request for information by Minister or inspector
28 On request by the Minister or an inspector, a person who holds a processor licence must
provide the records specified in clause 26(d) if it is a term of their licence in the manner
and within the time specified in the request.
Inspection
Inspector
29 The Minister may designate a person as an inspector for the purpose of these regulations.
Items subject to inspection
30 (1) Fish and fish products, and any places, premises, vehicles, vessels or boats used for
buying, processing, carrying or storing fish or fish products, are subject to
inspection by an inspector.
(2) The owner of fish or fish products or their agent must make readily accessible to
an inspector any fish, fish products or containers for which inspection or re-inspection is required under these regulations.
Inspector may take samples
31 An inspector may, at any time, take samples free of charge for the purpose of carrying
out an inspection under these regulations.
Inspector may detain
32 An inspector may detain fish or fish products or vehicles, vessels or boats for the purpose
of carrying out an inspection under these regulations.
Seizure
33 (1) An inspector who believes on reasonable grounds that these regulations have been
violated may seize all fish, fish products and containers relating to the offence that
they reasonably believe was committed.
(2) Fish, fish products and containers seized under subsection (1) may be retained for
no more than 2 months after the date of seizure, unless proceedings respecting the
fish, fish products and containers begin during that time, in which case the fish,
fish products and containers may be retained until the proceedings are concluded.
Appeal of inspector’s decision
34 (1) Subject to subsection (2), a person who is aggrieved by an inspector’s decision
may appeal the decision by giving notice in writing to the Minister no more than
30 days after the date of the inspection.
(2) The Minister must order a re-inspection if the person appealing the decision has
satisfied the Minister of all of the following:
(a) the identity of the fish, fish products or containers of fish that were the
subject of the inspector’s decision has been preserved;
(b) the fish, fish products or containers of fish or fish products do not contain
any poisonous or harmful substance.
(3) A decision made by the Minister resulting from a re-inspection under subsection
(1) is final.
Disposal of tainted fish or fish products
35 The Minister may order the owner of the fish or fish products that are tainted,
decomposed or unwholesome to dispose of those fish or fish products under the direction
of an inspector to prevent the possibility of the fish or fish products being marketed or
sold for human consumption.
Prohibitions
Fish buying prohibitions
36 A person must not do any of the following:
(a) buy, sell, or possess fish or fish products that have been illegally caught,
cultured, raised, harvested or processed;
(b) buy fish or fish products caught by a person who does not hold a valid
commercial fishing licence issued by the federal Department of Fisheries
and Oceans;
(c) buy fish or fish products caught under an aboriginal communal fishing
licence issued for food, social and ceremonial purposes under the
Aboriginal Communal Fishing Licences Regulations made under the
Fisheries Act (Canada).
Fish processing prohibitions
37 A person must not do any of the following:
(a) process any fish or fish products that are tainted, decomposed or
unwholesome, or otherwise fail to meet the requirements of these
regulations;
(b) process or package fish or fish products that have been illegally caught,
cultured, raised, harvested or processed;
(c) process or package fish or fish products that have been purchased contrary
to these regulations.
Obstructing inspector
38 A person must not obstruct, impede or refuse to admit, or aid or assist any person in
obstructing, impeding or refusing to admit, an inspector or any other person acting in the
execution of the Act and these regulations.
Schedule A: Fees
Type
|
Fee
|
Buyer licence or processor
licence application
|
$265.40
|
Designated buyer application
(per 12-month period)
|
$33.15
|
Buyer licence—by species/group (per 12-month period)
|
∙
|
Groundfish
|
$530.75
|
∙
|
Pelagic
|
$132.65
|
∙
|
Shellfish
|
$265.40
|
∙
|
Aquaculture products
|
$132.65
|
∙
|
Other
|
$132.65
|
Processor licence (per 12-month
period)
|
$265.40
|
Amend buyer licence or
processor licence
|
$33.15
|
Make submissions to the
Minister under subsection 15(3)
|
$249.20
|
The following regulations are not
yet in force and are not included in the current consolidation: