Second

Session, 50th General Assembly

Charles III, 2023

BILL 17

AN ACT RESPECTING THE

REGULATION OF AQUACULTURE IN THE PROVINCE

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE ELVIS

LOVELESS

Minister of

Fisheries, Forestry and Agriculture

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill

would repeal and replace the Aquaculture

Act .

The Bill

would amend the law respecting aquaculture in the province.

A BILL

AN ACT RESPECTING THE REGULATION OF

AQUACULTURE IN THE PROVINCE

Analysis

Short title

Definitions

Application of Act

Purpose of Act

Labrador Inuit rights

Registrar

Committees

Policies, standards, procedures and

guidelines

PART

AQUACULTURE LICENCES

Categories of aquaculture licences

Application for aquaculture licence

Aquaculture licence

Term of aquaculture licence

Designated veterinarian

Financial security

licence

Amendment of aquaculture licence

Annual fee

Renewal of aquaculture licence

Suspension or cancellation of

aquaculture licence

Reinstatement of aquaculture licence

Appeal

Reporting

Identification of facility

Personal property rights

Prohibitions re: conduct of aquaculture

Prohibitions re: introduction, transfer

and transport

Removal and restoration

PART

AQUACULTURE MANAGEMENT AREAS

Aquaculture management areas

PART

III

ENVIRONMENTAL AND WASTE MANAGEMENT

Environmental and waste management

PART

CONTAINMENT

Containment

Escape event

Aquaculture gear outside boundary of

facility

PART

AQUATIC ANIMAL HEALTH

Chief aquaculture veterinarian

Aquatic animal health surveillance

Biosecurity

Provincially reportable diseases

Reportable diseases

Abnormal mortality event

Protection from liability

Powers of chief aquaculture veterinarian

re: event

Orders of chief aquaculture veterinarian

PART

PUBLIC REPORTING

Public reporting

PART

VII

INSPECTIONS

Inspectors

Powers of inspectors

Order of inspector

Proof of identity

Contravention of Act suspected

Telewarrant

Detention and disposition of things

seized

Special purpose account

Disposition on conclusion of proceedings

PART

VIII

ADMINISTRATIVE PENALTIES

Administrative penalties

PART

TICKETING, OFFENCES AND PENALTIES

Ticketing

Offence

Penalties

Limitation period

PART

REGULATIONS

Lieutenant-Governor in Council

regulations

Ministerial regulations

Adoption by reference

PART

GENERAL

Protection from liability

Debt due to the Crown

Fees and forms

Status of orders

Statutory review

PART

XII

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

SNL2010 cA-9.1 Amdt.

SNL1991 c36 Amdt.

NLR 74/07 Amdt.

NLR 76/07 Amdt.

NLR 78/99 Amdt.

RSNL1990 cA-13 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Aquaculture Act,

Definitions

2. In

this Act

(a) "aquaculture" means the farming of

fish, molluscs, crustaceans, aquatic plants and other cultured aquatic organisms

with an intervention in the rearing process to enhance production by activities

such as stocking, feeding, harvesting and protection from predation, and

includes fallowing and the placement, removal and cleaning of aquaculture gear;

(b) "aquaculture gear" means tools,

materials and equipment used in the conduct of aquaculture;

(c) "aquaculture licence" means a

licence issued by the minister under

section 11;

(d) "aquaculture management area" means

an area designated as an aquaculture management area under

section 28;

(e) "Aquaculture Policy and Procedures

Manual" means the Aquaculture Policy and Procedures Manual prepared by the

department, as amended from time to time;

(f) "aquaculture product" means a

cultured aquatic organism that is harvested from a facility and processed in

the province;

(g) "broodstock" means a cultured aquatic

organism that is used to establish new populations of cultured aquatic organisms;

(h) "carton" includes

a type of package, wrapper or confining band used in the holding, storing,

packing or marketing of cultured aquatic organisms

or marine plants;

(i) "chief aquaculture veterinarian"

means the person appointed as the chief aquaculture veterinarian under

section 33;

(j) "container" means any means by which cultured aquatic organisms or marine plants may be held and includes a

vessel hold, boat pen, vehicle storage area, tote pan, fish bag and an

insulated fish box;

(k) "cultured aquatic organisms" means

plants, algae and animals, including a viable fertilized ovum of an aquatic

animal and the sperm or unfertilized ova of an aquatic animal, that at all

stages of their development or life cycles have water as their natural habitat;

(l) "data" means representations of information or of concepts that are being prepared or

have been prepared in a form suitable for analysis using a variety of software

applications;

(m) "decomposed" means having an

offensive or objectionable odour, flavour, color or textural defect associated

with spoilage;

(n) "department" means the department

presided over by the minister;

(o) "depopulation order" means an order

issued by the chief aquaculture veterinarian requiring a licensee to remove

cultured aquatic organisms from a defined area;

(p) "document" means a medium on which is recorded or marked anything that is

capable of being read or understood by a person or a computer system or other

device and includes a written record, book, account, voucher, manifest, report,

financial statement, bank statement, shipping bill, bill of lading, label,

drawing, plan, picture or diagram;

(q) "escape event" means the escape of

cultured aquatic organisms from a facility or from aquaculture gear used to

contain the cultured aquatic organisms;

(r) "facility" means a parcel of land on

which a person has been authorized by an aquaculture licence to conduct

aquaculture;

(s) "federally reportable disease" means

an aquatic disease of cultured aquatic organisms listed by the Canadian Food

Inspection Agency;

(t) "hatchery" means a place for

artificial breeding, hatching and rearing of cultured aquatic organisms;

(u) "incident event" means an occurrence

that caused or could have caused

(

i) abnormal mortality,

(ii) harm, or

(iii) an imminent threat

to cultured aquatic organisms, marine

installation, hatchery, structure or vessel on a licensed finfish or shellfish

facility and includes an event that impairs the function of any aquaculture

gear required to sustain cultured aquatic organisms and prevent escape;

(v) "inspector" means an inspector

appointed under

section 43;

(w) "inventory reconciliation report"

means an annual report containing the following information:

(

i) the number of cultured aquatic organisms

stocked at the facility at the beginning and end of a year,

(ii) the number of cultured aquatic organism

mortalities, removals, harvests and escapes at the facility during a year, and

(iii) an explanation of any discrepancy;

(x) "land" means all lands within the

province and includes land covered by water;

(y) "licensee" means a person to whom an

aquaculture licence has been issued;

(z) "marine installations" means any equipment

related to the containment of cultured aquatic organisms and includes

(

i) anchors and blocks,

(ii) mooring lines,

(iii) cages,

(iv) nets,

(

v) long lines,

(vi) seed collectors,

(vii) buoys,

(viii) floating storage and accommodations, and

(ix) any other equipment necessary for the

operation of the facility which is stored within the facility boundaries;

(aa) "marine plants" includes Irish moss, kelp, and other marine plants, parts,

products or by-products of them;

(bb) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(cc) "mooring system" means the method by

which aquaculture gear at a facility is attached so that it remains at its intended

location and includes the cables, chains, ropes, anchors, weights or other

equipment that may be necessary to that attachment;

(dd) "pathogenic agent" means an organism

that causes or contributes to the development of a disease;

(ee) "person" includes a corporation, the

heirs, executors, administrators or other legal representatives of a person, a partnership,

association and a co-operative society registered under the Co-operatives Act ;

(ff) "provincially reportable disease"

means a disease referred to in a list established by the minister in accordance

with

section 36;

(gg) "quarantine order" means an order

issued by the chief aquaculture veterinarian to prevent the spread of a disease

by controlling or prohibiting movement of cultured aquatic organisms,

aquaculture products, feed and aquaculture gear from the facility;

(hh) "registrar" means the person

appointed as the registrar under

section 6;

(ii) "strain" means cultured aquatic organisms

that have, or have been bred to have, genetic characteristics that distinguish

them from other members of the same species;

(jj) "tainted" means being rancid or

having an abnormal odour or flavour;

(kk) "unwholesome" means having in or

upon the cultured aquatic organism or marine plant, a bacteria, toxin or other

foreign substance of a public health concern or an aesthetically offensive

substance;

(ll) "vehicle" includes a vessel, boat, motor vehicle, trailer, aircraft or other

means for the transportation of cultured aquatic

organisms or marine plants or containers or cartons of them;

(mm) "veterinarian" means a person who is

licensed to practice veterinary medicine under the Veterinary Medical Act, 2004 ; and

(nn) "water" includes fresh, brackish and

marine waters.

Application of

Act

(1) This Act applies to all aquaculture in the province.

(2) Notwithstanding subsection (1), the

Lieutenant-Governor in Council may, by regulation, exempt the following from

the application of this Act:

(

a) a person or class of persons;

(

b) land or a class of lands;

(

c) a facility or a class of facilities;

(

d) cultured aquatic organisms or a class of cultured

aquatic organisms; and

(

e) an activity or class of activities.

(3) The Lieutenant-Governor in Council may, in

granted under subsection (2).

Purpose of Act

4. The

purpose of this Act is to govern the conduct of aquaculture in the province in

order to

(

a) promote and support the sustainable

development of the aquaculture industry;

(

b) foster the effective, accountable and

transparent management of aquaculture;

(

c) secure the property rights of those carrying

on aquaculture;

(

d) recognize aquaculture as a legitimate and

valuable use of provincial marine resources while minimizing conflicts with

competing interests and uses; and

(

e) help in consultative and co-operative decision

making within the province and between the government of the province and the

Labrador Inuit

rights

(1) This

Act and regulations made under this Act shall be read and applied in conjunction

with the Labrador Inuit Land Claims

Agreement Act and, where a provision of this Act or regulations made under

this Act is inconsistent or conflicts with a provision, term or condition of

the Labrador Inuit Land Claims Agreement

Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over

the provision of this Act or the regulations.

an aquaculture licence to ensure that the licensee complies with the Labrador Inuit Lands Claim Agreement Act .

Registrar

(1) The

minister may designate a person in the department to be the Registrar of

Aquaculture who shall exercise the powers and perform the duties imposed on the

registrar under this Act and the regulations.

(2) The registrar may access any database or information system of the

minister for the purposes of exercising or performing the powers or duties

imposed on the registrar.

(3) The registrar may collect from and disclose to

the department the information, including personal information prescribed in

the regulations relating to a licence holder.

(4) The registrar shall establish and maintain a

registry in which all documents required to be filed under this Act or the

regulations shall be kept.

(5) The registrar may designate one or more

persons to act on the registrar's behalf.

Committees

7. The

minister may, in accordance with the regulations, establish committees to

provide advice regarding administrative, regulatory and legislative matters

relating to aquaculture.

Policies,

standards, procedures and guidelines

(1) The

minister may establish or adopt provincial policies, standards, procedures and

guidelines related to aquaculture.

(2) A policy, standard, procedure or guideline

established under subsection (1) shall be published by the minister.

(3) A licensee shall comply with a policy,

standard, procedure or guideline established by the minister under subsection

(1).

PART I

AQUACULTURE LICENCES

Categories of aquaculture

licences

9. The

minister may issue the classifications of aquaculture licences prescribed in

the regulations.

Application for aquaculture

licence

(1) An

application for an aquaculture licence shall be

(

a) submitted to the minister in the form and

manner set by the minister; and

(

b) accompanied by

(

i) an Aquatic Animal Health Plan prepared in

accordance with the Aquaculture Policy and Procedures Manual,

(ii) an environmental and waste management plan

prepared in accordance with the Aquaculture Policy and Procedures Manual,

(iii) a site restoration plan prepared in accordance

with the Aquaculture Policy and Procedures Manual, and

(iv) the other information and documentation set out in the Aquaculture Policy and Procedures

Manual.

(2) Notwithstanding paragraph (1)(b), an applicant

may not be required to submit the

documents referred to in paragraph (1)(

b) where the applicant holds an

aquaculture licence in relation to another facility at the time of submitting

an application under subsection (1) and has previously submitted the documents

referred to in paragraph (1)(b).

(3) The minister may cancel an application for an

aquaculture licence where the minister determines, in accordance with the

Aquaculture Policy and Procedures Manual, that the application is inactive.

Aquaculture

licence

(1) The

minister may issue an aquaculture licence to an applicant who

(

a) satisfies the requirements in subsection 10(1);

and

(

b) pays the fees set by the minister and any

other fees required.

(2) An aquaculture licence shall include the

information prescribed in the regulations.

(3) The minister may refuse to issue an

aquaculture licence to an applicant for one or more of the following reasons:

(

a) the applicant failed to provide the

information and documentation required by the minister under subsection 10(1);

(

b) the applicant made a false or misleading

statement in the application for the aquaculture licence or the information or

documentation required to be submitted with the application;

(

c) the applicant previously held, or currently

holds, an aquaculture licence in relation to another facility and the applicant

failed to comply with the Act, the regulations or a term or condition of that

aquaculture licence;

(

d) the applicant has been convicted of an offence

under this Act or the regulations;

(

e) the minister determines that it would not be

in the public interest; and

(

f) another reason prescribed in the regulations.

(4) An aquaculture licence shall not be transferred

or assigned.

Term of aquaculture

licence

(1) An

aquaculture licence shall be valid for a period of time determined by the

minister.

(2) Notwithstanding subsection (1), the term of an

aquaculture licence shall not extend beyond the period of time during which the

licensee owns or has a right to occupy the land comprising the facility specified

in the aquaculture licence.

Designated

veterinarian

13. The

minister may

(

a) require that a licensee retain a veterinarian;

and

(

b) specify the circumstances in which the

veterinarian services shall be provided.

Financial

security

14. The

minister may require a licensee to provide financial or other security in a

form and amount satisfactory to the minister.

Terms and

conditions of aquaculture licence

(1) The

(2) A licensee shall comply with the terms and

conditions of an aquaculture licence.

Amendment of

aquaculture licence

16. The

minister may amend an aquaculture licence

where

(

a) the

minister considers it necessary; or

(

b) the

licensee applies for an amendment in the form set by the minister.

Annual fee

17. A

licensee shall pay an annual licence fee in the amount and on the date set by

the minister.

Renewal of aquaculture

licence

(1) A licensee who wishes to renew an aquaculture licence shall apply to the minister

to renew the aquaculture licence and shall submit

(

a) an application in the form set by the

minister; and

(

b) the information and documentation the minister

determines necessary.

(2) The minister may renew an aquaculture licence

where the licensee

(

a) submits an application referred to in

paragraph (1)(

a) in the time period set by the minister;

(

b) satisfies the requirements in paragraph (1)(b);

and

(

c) pays the fees set by the minister and any

other fees required.

(3) The minister may refuse to renew an

aquaculture licence for one or more of the following reasons:

(

a) the applicant failed to provide the

information and documentation required by the minister under subsection (1);

(

b) the applicant made a false or misleading statement

in the application for renewal of the aquaculture licence or the information or

documentation required to be submitted with the application;

(

c) the applicant failed to comply with this Act,

the regulations or a term or condition of an aquaculture licence;

(

d) the applicant has been convicted of an offence

under this Act or the regulations;

(

e) the minister determines that it would not be

in the public interest; or

(

f) another reason prescribed in the regulations.

Suspension or

cancellation of aquaculture licence

(1) The

minister may suspend or cancel an aquaculture licence for one or more of the

following reasons:

(

a) the licensee contravened a term or condition

of the aquaculture licence;

(

b) the licensee contravened a provision of this

Act or the regulations;

(

c) the licensee made a false statement in an

application, the information or documentation accompanying an application or a

document required to be provided under this Act or the regulations;

(

d) the licensee ceases to own or have the right

to occupy the facility specified in the aquaculture licence;

(

e) the applicant has been convicted of an offence

under this Act or the regulations;

(

f) the minister determines that it is in the

public interest; or

(

g) another reason prescribed in the regulations.

(2) Where the minister suspends an aquaculture

licence, the minister may issue one or more orders respecting

(

a) the maintenance, removal or destruction of cultured

aquatic organisms at the facility;

(

b) the maintenance of the facility;

(

c) the destruction of feed;

(

d) the disinfection of aquaculture gear, vehicles

or the facility; and

(

e) another matter prescribed in the regulations.

(3) Where the minister suspends an aquaculture

licence, the licensee shall

(

a) maintain the facility and the cultured aquatic

organisms at the facility in accordance with the standards, practices and procedures

set by the minister, unless otherwise directed by the minister;

(

b) continue to care for any cultured aquatic organisms

at the facility, including providing food and veterinary care and the necessary

husbandry of the cultured aquatic organisms;

(

c) continue to maintain any aquaculture gear at

the facility;

(

d) report any incidents at the facility;

(

e) follow any orders issued under this Act or the

regulations; and

(

f) no longer harvest or remove cultured aquatic organisms

from the facility except in accordance with an order of the minister.

Reinstatement of aquaculture

licence

(1) A

person whose aquaculture licence has been suspended may submit a request to the

minister to reinstate the aquaculture licence.

(2) A request referred to in subsection (1) shall

(

a) submitted to the minister in the form and

manner set by the minister; and

(

b) accompanied by the information and

documentation the minister determines necessary.

(3) The minister may reinstate an aquaculture

licence where the person requesting the reinstatement of the aquaculture licence

(

a) satisfies the requirements in subsection

(2);

(

b) complied with any orders issued by the

minister under subsection 19(2); and

(

c) complied with the requirements in subsection

19(3).

Appeal

(1) An

applicant or licensee may appeal a decision with respect to the issuance, amendment,

renewal, suspension, cancellation or reinstatement of an aquaculture licence to

the minister in writing, within 30 days of receipt of the decision.

(2) An appeal does not stay the operation of a

decision pending the determination of the appeal unless the minister directs

otherwise.

Reporting

22. A

licensee shall submit the reports and plans prescribed in the regulations in

the form set by the minister to the department in the time period prescribed in

the regulations.

Identification of

facility

23. A

licensee shall identify a facility, including a facility that is covered by

water, in accordance with the regulations.

Personal property

rights

24. All

cultured aquatic organisms of the species specified in an aquaculture licence

are, while contained within the boundaries of the facility, the exclusive

personal property of, and belong to, the licensee until sold, traded,

transferred or otherwise disposed of by the licensee.

Prohibitions re:

conduct of aquaculture

(1) A

person shall not

(

a) conduct aquaculture without an aquaculture licence;

(

b) possess live cultured aquatic organisms,

directly or indirectly, for the purpose of aquaculture other than in accordance

with this Act or the regulations;

(

c) remove cultured aquatic organisms at a facility

without the consent of the licensee; or

(

d) cultivate broodstock at a facility except in

accordance with the regulations.

(2) A licensee shall not

(

a) conduct aquaculture at a facility other than

the facility identified in the aquaculture licence;

(

b) cultivate species of cultured aquatic organisms

other than those specified in the aquaculture licence; or

(

c) cultivate strains of cultured aquatic organisms

other than those specified in the aquaculture licence.

Prohibitions re:

introduction, transfer and transport

(1) A

person shall not transfer or transport live cultured aquatic organisms from one

body of water or facility to another except in accordance with the regulations.

(2) A person shall not introduce live cultured

aquatic organisms to a body of water or facility except in accordance with the

regulations.

Removal and

restoration

(1) Where

a person does not renew an aquaculture licence or the person's aquaculture

licence is cancelled under this Act, the person who held the aquaculture licence

shall, to the satisfaction of the minister in the time period determined by the

minister, do the following:

(

a) remove the aquaculture gear and cultured aquatic

organisms from the facility; and

(

b) restore the facility in accordance with the

site restoration plan submitted in accordance with

section 10.

(2) Where the minister believes on reasonable

grounds that a person referred to in subsection (1) failed to comply with

subsection (1), the minister or an inspector may

(

a) remove one or both of the following from the

facility:

(

i) aquaculture gear, and

(ii) cultured aquatic organisms; and

(

b) restore

the facility.

(3) Before removing aquaculture gear or cultured aquatic

organisms from a facility or restoring the facility in accordance with

subsection (2), the minister or inspector shall give reasonable notice to the

person referred to in subsection (1) or a person who, to the knowledge of the

minister or the inspector, is a person responsible for the facility.

(4) Where the minister or an inspector removes

aquaculture gear or cultured aquatic organisms from a facility or restores the

facility under subsection (2),

(

a) the aquaculture gear or cultured aquatic organisms

removed from the facility become the property of the Crown; and

(

b) the cost incurred to remove the aquaculture

gear or cultured aquatic organisms or to restore the facility constitutes a

debt owed to the Crown.

(5) In order to satisfy a debt referred to in

subsection (4), the minister may

(

a) draw on the financial or other security

referred to in

section 14; or

(

b) sell the aquaculture gear or cultured aquatic organisms

that were removed from the facility.

(6) Aquaculture gear or cultured aquatic organisms

removed from a facility may be disposed of or destroyed by the minister or an

inspector.

(7) Compensation is not payable by the Crown to a person

referred to in subsection (1) for aquaculture gear or cultured aquatic organisms

that become the property of the Crown under subsection (4).

(8) The validity of actions taken under this

section

is not affected by the inability of the minister or an inspector to give notice

to the person referred to in subsection (1) where the person

(

a) is not known, cannot be located or resides

outside of the province; and

(

b) has no known agent in the province.

PART II

AQUACULTURE MANAGEMENT AREAS

Aquaculture

management areas

(1) The

minister may, with the approval of the minister responsible for Crown Lands,

designate an area in the province as an aquaculture management area to conduct

aquaculture.

(2) Where the minister designates aquaculture

management areas under subsection (1), the minister may

(

a) specify criteria for the designation of an

aquaculture management area, the designation of aquaculture land and the designation

and allocation of facilities;

(

b) authorize, exclude or restrict aquaculture in

an aquaculture management area;

(

c) establish standards, procedures or guidelines

specific to culture methods, hazards or containment of cultured aquatic organisms

in an aquaculture management area;

aquaculture management area on an aquaculture licence or classification of

aquaculture licence; and

(

e) prescribe by regulation the requirements for

licensees operating in an aquaculture management area.

PART III

ENVIRONMENTAL AND WASTE MANAGEMENT

Environmental and

waste management

29. A

licensee shall comply with

(

a) the environmental and waste management plan

submitted in accordance with

section 10; and

(

b) the requirements related to environmental and waste

management prescribed in the regulations.

PART IV

CONTAINMENT

Containment

(1) A

licensee shall contain the licensee's cultured aquatic organisms within the

boundaries of the facility specified in the aquaculture licence, in accordance with

the standards, if any, prescribed in the regulations.

(2) A licensee shall

(

a) ensure that aquaculture gear is designed,

installed and used in accordance with the requirements prescribed in the

regulations;

(

b) handle cultured aquatic organisms in

accordance with the requirements prescribed in the regulations;

(

c) monitor and inspect aquaculture gear in

accordance with the regulations; and

(

d) provide inventory reconciliation reports and

reports relating to net inspections, net testing and net cleaning to the

minister in the form and manner set by the minister.

Escape event

31. Where

there is an escape event at a facility, the licensee shall

(

a) notify the department in the form and manner

and in the time period prescribed in the regulations;

(

b) immediately provide the animal health records

to the chief aquaculture veterinarian; and

(

c) comply with the requirements prescribed in the

regulations.

Aquaculture gear

outside boundary of facility

(1) Where

the aquaculture gear of a licensee moves, or is moved, outside the boundaries

of the facility, the licensee shall remove the aquaculture gear from the area

to which it moved, or was moved, in the time period set by the minister.

(2) Where a licensee does not comply with

subsection (1), the minister or an inspector may remove the aquaculture gear.

(3) Before removing the aquaculture gear in

accordance with subsection (2), the minister or inspector shall give reasonable

notice to the licensee.

(4) Where the minister or an inspector removes

aquaculture gear,

(

a) the aquaculture gear removed becomes the

property of the Crown; and

(

b) the cost incurred to remove it shall

constitute a debt owed to the Crown.

(5) In order to satisfy a debt referred to in subsection

(4), the minister may

(

a) draw on the financial or other security

referred to in

section 14; or

(

b) sell the aquaculture gear that was removed.

(6) Aquaculture gear removed under subsection (2) may

be disposed of or destroyed by the minister or an inspector.

(7) Compensation is not payable by the Crown to a licensee

for aquaculture gear that becomes the property of the Crown under subsection (4).

(8) The validity of actions taken under this Act

is not affected by the inability of the minister or an inspector to give notice

to the person referred to in subsection (1) where the person

(

a) is not known, cannot be located or resides

outside of the province; and

(

b) has no known agent in the province.

PART V

AQUATIC ANIMAL HEALTH

Chief aquaculture

veterinarian

(1) The

minister shall appoint a veterinarian who is an employee of the department as

the chief aquaculture veterinarian.

(2) The chief aquaculture veterinarian shall

exercise the powers and perform the duties imposed on the chief aquaculture

veterinarian under this Act and the regulations.

(3) The minister or chief aquaculture veterinarian

may designate one or more veterinarians who are employees of the department to

act on the chief aquaculture veterinarian's behalf.

Aquatic animal

health surveillance

(1) A licensee shall comply with the requirements prescribed in the regulations

relating to aquatic animal health surveillance and audits.

(2) The chief aquaculture veterinarian shall

designate veterinarians, veterinarian technicians and laboratories for the

purposes of aquatic animal health surveillance.

(3) For the purposes of subsection (1), a licensee

shall allow employees of the department access to the facility for the purposes

of assessing biosecurity and aquatic animal health and welfare.

Biosecurity

(1) A licensee shall comply with

(

a) the biosecurity plan included in the Aquatic

Animal Health Plan submitted in accordance with

section 10; and

(

b) the requirements prescribed in the regulations

relating to biosecurity including allowing employees of the department access

to the following for the purposes of conducting a biosecurity audit:

(

i) the facility,

(ii) cultured aquatic organisms,

(iii) aquaculture products,

(iv) aquaculture gear,

(

v) locations where cultured aquatic organisms,

aquaculture products, aquaculture gear, feed and aquaculture samples are kept,

(vi) locations where aquaculture activities occur,

(vii) vehicles used to move cultured aquatic organisms,

aquaculture products or aquaculture gear, and

(viii) any premises where any property, books or

records respecting aquaculture are or may be kept.

(2) An employee of the department conducting

biosecurity audits in accordance with this Act and the regulations has the

power to do one or more of the following:

(

a) enter and audit

(

i) a facility,

(ii) vehicles used to move cultured aquatic organisms,

aquaculture products or aquaculture gear,

(iii) locations where cultured aquatic organisms,

aquaculture products, aquaculture gear, feed and aquaculture samples are kept,

and

(iv) locations where aquaculture activities occur;

(

b) access and audit aquaculture gear;

(

c) obtain samples;

(

d) review both written and electronic records;

and

(

e) carry out any other activity prescribed in the

regulations.

Provincially reportable

diseases

36. The

minister shall establish a list of diseases which are required to be reported

to the chief aquaculture veterinarian.

Reportable

diseases

37. Where

a licensee detects a provincially reportable disease or a federally reportable

disease at a facility, the licensee shall

(

a) notify the chief aquaculture veterinarian in

the form and manner and in the time period prescribed in the regulations; and

(

b) comply with the requirements prescribed in the

regulations.

Abnormal

mortality event

38. Where

an abnormal mortality event occurs at a facility or at a location where

cultured aquatic organisms are being held, the licensee shall

(

a) notify the department in the form and manner

and in the time period prescribed in the regulations; and

(

b) comply with the requirements prescribed in the

regulations.

Protection from

liability

39. An

action or other proceeding shall not be instituted against a person who, in

good faith, makes a report of a provincially reportable disease, federally

reportable disease or abnormal mortality event in accordance with this Act or

the regulations.

Powers of chief

aquaculture veterinarian re: event

40. Where

there is an alleged provincially reportable disease, federally reportable disease

or abnormal mortality event, the chief aquaculture veterinarian may do one or

more of the following:

(

a) direct an employee of the department to investigate

it;

(

b) cause tests or other veterinary diagnostics to

be made to try to determine the nature and source of it; and

(

c) take measures for the suppression, limitation

or treatment of it, including making an order directing a person to take or

refrain from taking any action that is specified in the order.

Orders of chief

aquaculture veterinarian

(1) The

chief aquaculture veterinarian may order a licensee to take measures that the

chief aquaculture veterinarian considers necessary to prevent the spread of pathogen,

parasites and disease and to protect the health and welfare of cultured aquatic

organisms, including measures relating to

(

a) the isolation, quarantine, detention,

treatment, removal, disposal or destruction of cultured aquatic organisms or

aquaculture products;

(

b) the disposal or destruction of feed and

aquaculture gear;

(

c) the quarantine, detention or prohibition of movement

or transport of cultured aquatic organisms, aquaculture products, aquaculture

gear and vehicles; and

(

d) the disinfection of vehicles, aquaculture gear

and containers.

(2) Where the chief aquaculture veterinarian

issues an order to a licensee under subsection (1), the licensee shall comply

with the order.

(3) Where the chief aquaculture veterinarian issues

an order under this Act or the regulations, the chief aquaculture veterinarian

may amend, cancel or reinstate the order at any time.

PART VI

PUBLIC REPORTING

Public reporting

42. A

licensee shall, in accordance with the regulations, report the following to the

public in the form, manner and time period prescribed in the regulations:

(

a) a confirmed escape event at the facility;

(

b) the confirmed detection of a federally

reportable disease at the facility;

(

c) a quarantine order issued to the facility;

(

d) a depopulation order issued to the facility;

(

e) an incident event at the facility;

(

f) a response plan in relation to an incident

event; and

(

g) any other matter the minister determines

should be reported to the public.

PART VII

INSPECTIONS

Inspectors

(1) The minister may designate persons or classes of persons to

act as inspectors for the purpose of this Act and the regulations.

(2) An inspector has the powers of a peace officer

to enforce this Act and the regulations and when performing duties is entitled

to the protections to which a peace officer is entitled to under the Criminal Code .

(3) A person shall not hinder,

obstruct, attempt to obstruct, interfere with, threaten, harass or fail

to cooperate with an inspector in the exercise of the inspector's duties or

functions under this Act or the regulations.

(4) A person shall not knowingly make a false or misleading statement, either orally or in

writing, to an inspector while the inspector is exercising powers or carrying

out duties or functions under this Act or the regulations or refuse to provide

an inspector with information as required by this Act or the regulations.

(5) A person shall not falsely represent to be an

inspector, officer or other person designated by the minister or use a badge or

article of uniform or equipment in a manner that is likely to cause persons to

believe that the person is an inspector, officer or other person designated by

the minister.

Powers of

inspectors

(1) An

inspector may, at all reasonable times, for purposes related to the

administration or enforcement of this Act or the regulations, inspect or

examine the premises, processes, books and documents of a person that the

inspector may consider relevant for the purpose of determining compliance with

this Act or the regulations, and the inspector may, without a warrant,

(

a) enter any premises

where the inspector has reason to believe that

(

i) cultured aquatic organisms that are farmed or

used in the conduct of aquaculture are contained, transported, loaded or

unloaded,

(ii) feed that is used in the conduct of

aquaculture is contained, transported, loaded or unloaded,

(iii) aquaculture gear is cleaned, repaired,

maintained, contained, transported, loaded or unloaded,

(iv) property, books or documents related to

aquaculture are or may be kept, or

(

v) anything has been done

or is being done in connection with a requirement of this Act or the

regulations;

(

b) enter a vehicle that the inspector has reason

to believe is used in the conduct of aquaculture;

(

c) open aquaculture gear;

(

d) make copies,

extracts, photographs or videos the inspector considers necessary;

(

e) require the owner or person in charge of a

premises to give the inspector all reasonable assistance, including producing books

and documents as requested by the inspector, taking samples, carrying out tests

and examinations the inspector requires and answering all questions relating to

the administration or enforcement of this Act or the regulations and, for that

purpose, require the owner or person in charge to attend at the premises with

the inspector; and

(

f) require the owner or

person in charge to make available

(

i) the necessary equipment or means to view and generate

books and documents that are in machine readable or electronic form, and

(ii) any information necessary for the inspector to

access the books and documents.

(2) Notwithstanding subsection (1), an inspector

shall not enter a dwelling-house without the consent of the occupant except

under the authority of a warrant issued under

section 47 or 48.

Order of

inspector

(1) Where an inspector considers it necessary, the inspector may order a licensee

or other person responsible for aquaculture gear, a facility or other place

referred to in subsection 44(1) to take measures to

(

a) prevent the escape

of a cultured aquatic organism; and

(

b) ensure that

aquaculture is conducted in accordance with the terms, conditions and

provisions of an aquaculture licence, this Act and the regulations and, where

applicable, an order issued under this Act or the regulations.

(2) Where an inspector finds that a person is not

in compliance with a provision of this Act or the regulations, the inspector

may order the person to comply with the provision.

(3) An inspector may require an order under this

section to be carried out immediately or within the period of time that the

inspector specifies.

Proof of identity

(1) Where an inspector has reasonable and probable grounds to

believe that a person is in contravention of this Act or the regulations, the

inspector may require the person to provide identification information for the

purpose of enforcing this Act or the regulations.

(2) A person who is

required to provide identification under subsection (1) shall confirm the

person's identity by

(

a) giving the inspector

the person's correct name and address; and

(

b) providing the inspector

with the supporting documents sufficient for identification purposes.

Contravention of

Act suspected

(1) Where

during the course of an inspection under

section 44 or otherwise an inspector

believes on reasonable grounds that there has been a contravention of this Act

or the regulations, the inspector may, with a warrant issued under subsection

(2) or

section 48, seize and take away anything that may provide evidence with

respect to a suspected offence under this Act or the regulations and may retain

those things until the time they are required in a court proceeding.

(2) A Provincial Court judge who is satisfied upon

oath or affirmation that there are reasonable grounds for believing that there

is in or on a premises anything that may provide evidence with respect to a

suspected offence under this Act or the regulations, may issue a warrant

authorizing an inspector to enter the premises for the purpose of investigating

the suspected offence and to

(

a) search ;

(

b) examine the contents

of the premises and make those inquiries that the inspector considers

necessary;

(

c) copy , extract,

photograph, video, seize and take away evidence, books and documents;

(

d) take into custody or release from seized

aquaculture gear live cultured aquatic organisms;

(

e) order a person whom the inspector reasonably

believes to have committed an offence, to remove and relinquish to the custody

of the inspector the aquaculture gear or other thing and where applicable, cultured

aquatic organisms; and

(

f) order a person having custody of cultured aquatic

organisms, aquaculture gear or other things that will give evidence with

respect to the offence, to detain the cultured aquatic organisms, aquaculture gear

or other thing in the place where they are seized and, in the case of cultured aquatic

organisms deal with them in accordance with orders that may be issued by the

minister.

(3) Where aquaculture gear or live cultured aquatic

organisms are taken into custody or an order is made under paragraph (2)(

e) or

(f), an inspector shall ensure that all life support equipment is kept with the

live cultured aquatic organisms.

(4) Where a document or

data is seized under subsection (1) or (2), a copy of that document or data, on

proof by affidavit that it is a true copy, is admissible in evidence in

proceedings under this Act and has the same probative force as the original.

(5) Notwithstanding

subsection (2), an inspector may exercise the powers of search and seizure

referred to in that subsection without a warrant where the conditions for

obtaining the warrant exist but by reason of exigent circumstances it would not

be practical to obtain the warrant.

(6) For the purpose of

subsection (5), exigent circumstances include circumstances in which the delay

necessary to obtain the warrant would result in danger to human life or safety

or the loss or destruction of evidence.

Telewarrant

(1) Where,

in the opinion of an inspector it would not be practical to appear before a

Provincial Court judge to apply for a warrant, the inspector may make the

application by telephone or other means of telecommunication.

(2) Where an inspector acts under the authority of

a warrant obtained under this section, the inspector shall provide a facsimile

of the warrant to the owner or person in charge of a premises present at the

time the warrant is carried out.

(3) In subsection (2), "facsimile"

includes a record produced by electronic means or a written record of a

telephone conversation made by both parties to the conversation while it is in

progress and which the parties have confirmed as to its accuracy by reading

their record of the conversation to one another at the end of the conversation.

Detention and

disposition of things seized

(1) Anything seized or removed under

section 47 may be

detained for a period not greater than 180 days following the day of seizure or

removal, unless during that period, proceedings under this Act in respect of the

things seized are undertaken, in which case the things may be further detained

until the proceedings are finally concluded.

(2) Where a cultured aquatic organism or other thing seized under

section 47 may become

tainted, decomposed or unwholesome or otherwise perish or there is a risk that

detaining the cultured aquatic organism or

other thing may cause the spread of pathogenic agents, the cultured aquatic organisms or other thing may be sold, disposed of, removed

or destroyed.

(3) The minister may

issue orders respecting the detention, quarantine, maintenance, removal, sale,

disposal or destruction of cultured aquatic organisms

that have been seized or removed under

section 47.

(4) Where cultured aquatic organisms, aquaculture gear or other things are seized or

removed under

section 47, a person having an interest in them may apply to a Provincial

Court judge for their return or for an amendment or cancellation of an order

made under paragraph 47(2)(f).

(5) A Provincial Court judge

may order the return of the cultured aquatic organisms,

aquaculture gear or other thing or an amendment or cancellation of an order

made under paragraph 47(2)(

f) where

(

a) the judge is

satisfied that the retention or detention of the cultured aquatic organisms, aquaculture gear or other thing is not

necessary as evidence of the commission of an offence; or

(

b) the applicant posts

a bond or other form of security in an amount satisfactory to the judge.

(6) Where the ownership

of aquaculture gear or other thing that is not perishable seized under

section

47 cannot, at the time of and within 180 days of seizure, be ascertained by the

inspector who has made that seizure, that aquaculture gear or other thing is

forfeited to the Crown and may be disposed of as directed by the minister.

(7) For the purpose of

preserving the identity of cultured aquatic organisms,

aquaculture gear or other things seized or removed under

section 47, an

inspector may attach to the cultured aquatic organisms,

aquaculture gear or other thing a numbered tag or other form of identification

in the form set by the minister.

(8) A person shall not

(

a) remove or alter a

tag or other form of identification attached to a cultured aquatic organism, aquaculture gear or other thing under subsection

(7);

(

b) remove cultured aquatic organisms detained under this

section unless directed by

the minister; or

(

c) remove aquaculture

gear or other things detained under this section.

Special purpose

account

(1) The proceeds of a sale referred to in

section 49 shall be

paid into a non-interest bearing special purpose account

(

a) established in the

Consolidated Revenue Fund; and

(

b) administered by the

deputy minister of the department or the deputy minister's delegate.

(2) The deputy minister

of the department or the delegate shall keep and maintain records of sales and

proceeds paid into and out of a special purpose account under this Act.

Disposition on

conclusion of proceedings

(1) Where proceedings are not taken following a seizure or

removal under

section 47 or where they are taken and the person charged is

acquitted of the charge or the charge is dismissed or withdrawn,

(

a) the inspector or

other person having the custody of the thing seized or removed shall return it

to the person from whom it was seized or received;

(

b) where the cultured aquatic organisms or thing is sold under

section 49, the minister

shall pay the proceeds of the sale to the person from whom the thing was seized

or received; and

(

c) an order under par agraph

47(2)(

f) shall be revoked.

(2) Where a person is

convicted of an offence under this Act or the regulations, the judge before whom

the person is convicted shall, in addition to another penalty imposed under

this Act,

(

a) order that the cultured

aquatic organisms, aquaculture gear or other

thing in relation to which the offence was committed be

(

i) seized or removed,

(ii) destroyed,

(iii) h arvested and sold

and the proceeds of the sale forfeited to the Crown,

(iv) forfeited to the

Crown, or

(

v) disposed of as the

minister directs;

(

b) o rder that proceeds

in a special purpose account following a sale under

section 49 be forfeited to

the Crown and paid immediately into the Consolidated Revenue Fund; and

(

c) where a bond or

other security has been posted under paragraph 49(5)(b), call upon the bond or

other security and order the person posting it to pay immediately the amount of

the bond or other security into the Consolidated Revenue Fund.

PART VIII

ADMINISTRATIVE PENALTIES

Administrative

penalties

(1) Where

the minister is of the opinion that a person has committed, as specified by

regulation, a contravention of this Act or the regulations for which an

administrative penalty applies, the minister or a person authorized by the

minister may, in writing, provide notice to the person to pay to the government

of the province an administrative penalty in the amount set out in the notice

for each contravention.

(2) A person who pays an administrative penalty

with respect to a contravention may not be ticketed under the Provincial Offences Act and regulations

or charged with an offence under this Act with respect to that contravention.

(3) Where a person fails to pay an administrative

penalty in accordance with a notification under subsection (1), the government

of the province may recover the amount owing in respect of the penalty as a

debt owed to the Crown.

(4) For the purpose of this section, an

administrative penalty is a monetary penalty imposed in accordance with the

regulations for a contravention of this Act or the regulations.

PART IX

TICKETING, OFFENCES AND PENALTIES

Ticketing

53. An

inspector may commence proceedings, which may be in the form of a ticket issued

in accordance with the Provincial

Offences Act and regulations in respect of a violation of this Act or the

regulations.

Offence

54. A person who

(

a) contravenes a

provision of this Act or the regulations;

(

b) contravenes a term

or condition of an aquaculture licence;

(

c) fails to comply with

an order issued under this Act or the regulations; or

(

d) knowingly provides

false or misleading information required under this Act or the regulations or

knowingly does not provide information as required under this Act or the

regulations,

is guilty of an offence.

Penalties

(1) A person found guilty of an offence under this Act or the

regulations is liable on

summary conviction

(

a) for a first offence,

to a fine of not less than $5,000 and not more than $20,000 or to imprisonment

for a term of not less than one month or not more than 6 months or to both a

fine and imprisonment;

(

b) for a second

offence, to a fine of not less than $20,000 and not more than $50,000 or to

imprisonment for a term of not less than 2 months or more than 6 months, or to

both a fine and imprisonment; and

(

c) for a third or

subsequent offence, to a fine of not less than $50,000 and not more than

$100,000 or to imprisonment for a term of not less than 3 months or more than 6

months, or to both a fine and imprisonment.

(2) Each contravention of this Act or the

regulations constitutes a new and separate offence.

(3) Where an offence under this Act or the

regulations is committed or continued on more than one day, the person who

committed the offence is liable to be convicted for a separate offence for each

day or part of the day on which the offence is committed or continued.

(4) For the purpose of

paragraphs (1)(

b) and (c), a person shall be considered to have committed a

subsequent offence where that person is convicted of an offence under this Act

or the regulations within 2 years of being convicted of a first offence under

this Act or the regulations.

(5) Notwithstanding

subsection (1), where, with respect to an offence under this Act or the

regulations, a complaint is laid and a summons issued by means of a ticket in

accordance with the Provincial Offences Act , a person found guilty

of that offence is liable on

summary conviction to a fine that may be

established by regulation.

Limitation period

56. A

prosecution under this Act or the regulations shall be commenced within 3 years

of the date upon which the deputy minister of the department becomes aware of

the alleged offence.

PART X

REGULATIONS

Lieutenant-Governor

in Council regulations

57. The

Lieutenant-Governor in Council may make regulations

(

a) prescribing exemptions from the application of

this Act;

exemption from the application of this Act;

(

c) prescribing the requirements for identifying a

facility;

(

d) respecting the cultivation of broodstock at a

facility;

(

e) respecting the transfer or transport of live

cultured aquatic organisms for the purposes of subsection 26(1);

(

f) respecting the introduction of live cultured

aquatic organisms to a body of water or facility for the purposes of subsection

26(2);

(

g) prescribing requirements relating to

environmental and waste management for the purposes of paragraph 29(b);

(

h) respecting the contravention of sections of

this Act and the regulations for which an administrative penalty may be imposed

and the time and manner in which the administrative penalties may be imposed

and collected;

(

i) respecting the contravention of sections of

this Act and the regulations for which proceedings may be commenced in the form

of a ticket issued under the Provincial

Offences Act and regulations and the fines associated with the

contraventions;

(

j) defining a word or

phrase used but not defined in this Act; and

(

k) generally, to give

effect to this Act .

Ministerial

regulations

58. The

minister may make regulations

(

a) prescribing duties of the registrar;

(

b) respecting the establishment and maintenance

of a registry and the documents to be kept in the registry;

(

c) respecting the establishment of committees for

the purposes of

section 7;

(

d) prescribing the classification of aquaculture

licences;

(

e) prescribing the information to be included in

an aquaculture licence;

(

f) prescribing reasons the minister may refuse to

issue an aquaculture licence;

(

g) prescribing reasons the minister may refuse to

renew an aquaculture licence;

(

h) prescribing reasons the minister may suspend

or cancel an aquaculture licence;

(

i) prescribing types of orders the minister may

issue where the minister suspends an aquaculture licence;

(

j) prescribing reports and plans required to be

submitted to the minister and the time periods in which the reports and plans are

to be submitted;

(

k) prescribing requirements relating to aquaculture

management areas for the purposes of paragraph 28(2)(e);

(

l) prescribing standards for containment for the

purposes of subsection 30(1);

(

m) prescribing requirements relating to

aquaculture gear for the purposes of paragraph 30(2)(a);

(

n) prescribing requirements relating to handling cultured

aquatic organisms for the purposes of paragraph 30(2)(b);

(

o) respecting the monitoring and inspections of

aquaculture gear for the purposes of paragraph 30(2)(c);

(

p) prescribing the form, manner and time period

in which a licensee is required to notify the department of an escape event at

a facility;

(

q) prescribing the form, manner and time period

in which a licensee is required to notify the public of an escape event at a facility;

(

r) prescribing the requirements relating to

escape events for the purposes of paragraph 31(c);

(

s) prescribing additional powers and duties of

the chief aquaculture veterinarian;

(

t) prescribing the requirements relating to

aquatic animal health surveillance and audits for the purposes of

section 34;

(

u) prescribing the requirements relating to

biosecurity for the purposes of paragraph 35(1)(b);

(

v) prescribing activities which may be done by an

employee conducting a biosecurity audit for the purposes of paragraph 35(2)(e);

(

w) prescribing the form, manner and time period in

which a licensee is required to notify the chief aquaculture veterinarian of

the detection of a provincially reportable disease or a federally reportable

disease at a facility;

(

x) prescribing the requirements relating to the

detection of provincially reportable diseases and federally reportable diseases

for the purposes of paragraph 37(b);

(

y) prescribing the form, manner and time period

in which a licensee is required to notify the department of an abnormal

mortality event at a facility;

(

z) prescribing the requirements relating to an

abnormal mortality event for the purposes of paragraph 38(b);

(aa) prescribing the form, manner and time period

in which a licensee is required to notify the public for the purposes of

section 42;

(bb) defining a word or

phrase used but not defined in this Act; and

(cc) generally, to give

effect to this Act.

Adoption by

reference

(1) The Lieutenant-Governor in Council or the minister may in

addition to or instead of regulations made under sections 57 and 58 adopt by

reference and constitute as regulations the whole or part or provisions of a

code adopted or standards fixed, with or without modification, and including

amendments to the code or standard of an organization acceptable to the

Lieutenant-Governor in Council or the minister.

(2) A certificate of the

minister that a document is a copy of a code or standard referred to in

subsection (1) or an extract from, a modification of, or an amendment to, a

code or standard is without further proof presumptive evidence of the content

of that code, standard, extract or amendment.

PART XI

GENERAL

Protection from

liability

(1) The minister, chief aquaculture veterinarian, an

inspector, an employee of the department, a person authorized under this

Act or a person directed by them shall not be liable

for anything done in good faith in the exercise or performance of a power, duty

or function conferred or imposed on them under this Act.

(2) An action for damages does not lie against the

minister, the chief aquaculture veterinarian, an inspector, an employee of the

department, a person authorized under this Act or a person directed by them,

for anything done or omitted to be done in good faith under this Act or the

regulations.

Debt due to the

Crown

(1) Where

there is a debt owed to the Crown under this Act, the minister may issue a

certificate stating the amount due and remaining unpaid to the Crown and the

name of the person by whom it is payable, and file the certificate with the Supreme

Court.

(2) Where a certificate is filed with the Supreme

Court under subsection (1) it is of the same effect and all proceedings may be

taken on the certificate as if it were a judgment of the Supreme Court for the

recovery of the amount stated in the certificate against the person named in

the certificate.

(3) A person named in the certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Supreme Court for a review of the certificate, on a question of

law or jurisdiction.

(4) On application under subsection (3), the judge

may make an amendment to the certificate that is necessary to make the

certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgement enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Fees and forms

62. The

minister may set fees and establish forms for the purpose and administration of

this Act.

Status of orders

63. An

order issued under this Act is not subordinate legislation for the purposes of

the Statutes and Subordinate Legislation

Act .

Statutory review

64. The minister shall, every 5 years, perform a review of this

Act and the regulations made under it, the principles upon which it is based, and

consider the areas in which it may be improved and report the findings to the

Lieutenant-Governor in Council.

PART XII

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

SNL2010 cA-9.1

Amdt.

65. Subsection

4(3) of the Animal Health and Protection

Act is amended by deleting the reference " Aquaculture Act " and substituting the reference " Aquaculture Act, 2023 ".

SNL1991 c36 Amdt.

66. Subsection

7(3) of the Lands Act is amended by

deleting the reference " Aquaculture

Act " and substituting the reference " Aquaculture Act, 2023 ".

NLR 74/07 Amdt.

67. (1)

Subsection 3(2) of the Fish Inspection

Administrative Regulations is amended by deleting the reference " Aquaculture Act " and substituting

the reference " Aquaculture Act, 2023 ".

(2) Paragraph

4(

a) of the Fish Inspection

Administrative Regulations is amended by deleting the reference " Aquaculture Act " and substituting

the reference " Aquaculture Act, 2023 ".

NLR 76/07 Amdt.

68. (1) Subsection

35(2) of the Fish Inspection Operations

Regulations is amended by deleting the reference " Aquaculture Act " and substituting the reference " Aquaculture Act, 2023 ".

(2) Subsection

35(3) of the Fish Inspection Operations

Regulation is amended by deleting the reference " Aquaculture Act " and substituting the reference " Aquaculture Act, 2023 ".

NLR 78/99 Amdt.

Section

2 of the Provincial

Offences Ticket Regulations, 1999 made under the Provincial

Offences Act is amended by adding immediately after paragraph (h.2) the

following:

(h.3) a provision of the Aquaculture Act, 2023 or a regulation made

under that Act;

RSNL1990 cA-13

Rep.

70. The Aquaculture

Act is repealed.

Commencement

71. This

Act, or a section, subsection, paragraph or subparagraph of this Act, comes

into force on a day or days to be proclaimed by the Lieutenant-Governor in

Council.

King's Printer