Potential changes to the Aquatic Invasive Species Regulations pertaining to authorities for the deposit of deleterious substances

Enabling act: Fisheries Act

Description of the objective

Aquatic invasive species (AIS) pose a serious threat to freshwater and marine ecosystems. They can significantly affect local fisheries, reduce biodiversity and cause reductions in, or extinctions of, populations of indigenous fish and other aquatic species. Under certain conditions, the federal Aquatic Invasive Species Regulations (AIS Regulations) enable the Minister of Fisheries and Oceans Canada (DFO) and specific federal, provincial or territorial ministers to allow the use of pesticides to control an AIS or direct a person to use pesticides to control an AIS. Health Canada's Pest Management Regulatory Agency (PMRA) must register or approve pesticides under the Pest Control Products Act before DFO allows their use against an AIS.

DFO’s Aquatic Invasive Species National Core Program administers the AIS Regulations and leads federal efforts against AIS in Canada.

Amendments to the AIS Regulations are proposed to:

1. harmonize the class substances that the AIS Regulations can allow with the PMRA-approved pest control product label, such that detoxifying agents, for example, may be used in order to mitigate potential adverse impacts of the pesticide on the environment
2. obtain the authority for a regulator to amend, suspend, or cancel an authorization it has issued to reduce the administrative burden on persons to whom an authorization is issued and regulators
3. strengthen accountability by specifying that conditions of an authorization issued must be followed by persons to whom an authorization is issued when using authorized classes of deleterious substances, including pesticides, to control an AIS

For more information, please visit the consultation profile for the proposed amendments to the AIS Regulations on DFO’s Public Consultations webpage.

Indication of business impacts

The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

Internationally, Canada has committed to prevent, control and eradicate invasive species that threaten ecosystems, habitat and native species under the United Nations Convention on Biological Diversity Kunming-Montreal Global Biodiversity Framework (Target 6).

In Canada, the management of AIS is a shared responsibility between federal, provincial and territorial governments. Also, specific federal, provincial and territorial ministers may allow the deposit of deleterious substances under the AIS Regulations.

The proposed amendments, if approved, would ensure that federal, provincial and territorial partners are able to fully use the AIS Regulations to allow AIS control activities that use registered pesticides as prescribed by PMRA.

PMRA, which is the federal jurisdiction responsible for regulating pest control products, is collaborating with DFO on this initiative.

Public consultation opportunities

The government conducted many public consultations before establishing the AIS Regulations in 2015. In early 2024, DFO initiated targeted engagement on its intent to propose regulatory changes with the general public, Indigenous peoples and multi-interest stakeholders.

Further Information

For more information, please visit the consultation profile for the potential amendments to the AIS Regulations on DFO’s Public Consultations webpage.

Departmental contact

Susan Roe
National AIS Manager, Aquatic Invasive Species National Core Program
Susan.Roe@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2023