Consultation for engagement on a potential Aquaculture Act
Current status: Open
We’re engaging Canadians from March until early September. Written feedback is being sought until December 21, 2019. We will prepare a ‘what we heard’ report in winter 2019/20. Engagement is expected to resume in early 2020.
We will prepare a ‘what we heard’ report in winter 2019/20. Engagement is expected to resume in early 2020.
The purpose of these engagement activities is to gather further advice and direction from Canadians on provisions that we could address in a new Aquaculture Act.
Once the engagement period has closed, we’ll prepare and release a report of the input we received. Your input will help to establish aquaculture-specific legislation that will modernize and improve aquaculture management in Canada.
How to participate
We encourage Indigenous partners and stakeholders to engage through various activities, including:
- in-person engagement sessions
- teleconference and/or videoconference meetings
- potential WebEx events
Provincial and territorial partners will be invited to all engagement sessions.
We also encourage all parties to provide input through email or regular mail.
Who is the focus of this consultation
This consultation is seeking engagement with:
- the Canadian public
- Indigenous peoples
- provincial and territorial governments
- industry members
- impacted stakeholders, such as environmental non-governmental organizations
Key questions for discussion
We’re working closely with provincial and territorial partners on the development of proposed legislation through the Strategic Management Committee on Aquaculture under the Canadian Council of Fisheries and Aquaculture Ministers.
Based on input received from by Indigenous peoples, partners, stakeholders and the general public through previous engagement, the proposed Aquaculture Act is expected to:
- define the term aquaculture in legislation
- recognize the need for clarity and stability for responsible economic growth of the aquaculture sector
- ensure environmental protections enshrined in the Fisheries Act are included and specific to aquaculture
- develop enforcement mechanisms specific to aquaculture
- respect provincial and territorial jurisdictions
- respect roles and responsibilities articulated in treaties and other rights reconciliation arrangements
Please provide feedback on any other issues you feel should be addressed in the proposed Aquaculture Act.
The input gathered through this process will be considered in the creation of the proposed Aquaculture Act.
Proposed Aquaculture Act skeleton
We’re proposing that the new Aquaculture Act adhere to the following breakdown.
Preamble and purpose
The preamble section would explain the underlying philosophy of the act.
The purpose section would explain what the act is trying to achieve.
The interpretation section of the act would include definitions of terms that are critical to understand the act’s clauses.
The application section would define what is subject to the act.
Agreements, programs and projects
The agreements, programs and projects section usually lays out the various authorities for administrative arrangements, such as:
- entering into agreements with provinces and territories
- potentially Indigenous communities and organizations funding for grants and loan contributions
The zoning section would provide the authority to designate areas for the culturing of aquatic organisms, such as:
- aquatic plants
The regulations section would contain most of the regulation-making authorities under the act. It would also provide the authority to incorporate national standards into regulations.
Leases, licences and fees
The leases, licences and fees section would provide the authorities for:
- setting fees for leases and licences
- issuing and cancelling leases and licences, and under what conditions
The scope of application of the authorities (such as geographically) would be explained in regulations made under the act.
The environmental management section would provide authorities and prohibitions related to fish habitat protection and the deposit of herbicides and pesticides (deleterious substances).
It would also provide authorities to require plans and other information from industry to better assess impacts of proposals.
The reporting requirements section would require proponents to record and report data on aspects of their operations.
Offences, punishment and ticketing
The offences, punishment and ticketing section would contain provisions on aquaculture-specific offences, their punishment, and the authorities to apply penalties and forfeitures, such as issuing tickets.
The enforcement section would provide authorities to designate personnel and provide them with defined powers, such as those that allow them to investigate, search and seize.
Aquaculture Management Directorate
Fisheries and Oceans Canada
200 Kent St (10th floor)
Ottawa ON K1A 0E6
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