Stewart McKelvey

5 Doing Business in AtlAntic cAnADA Fall 2014 ing with the federal government and amongst each other setting out various roles and responsibilities of the feder- al and provincial governments. Accordingly, the industry is overseen by a combination of federal authorities and locally by the provincial government in whose territory each facility resides provincial authorities. Federal government responsibilities include such mat- ters as fish health and inspection, the protection of fish habitat, scientific research, the protection of commercial, recreational and Aboriginal fisheries and jurisdiction over the regulation of fish products marketed for export and interprovincial trade. The federal Department of Fisheries and Oceans administers the Fisheries Act and is responsible for prevention of the harmful alteration, disruption or destruction of fish habitat and the regulation of the importation of fish eggs into Canada and the transfer across provincial boundaries. Transport Canada grants authorizations for under the Navigable Waters Protec- tion Act where an aquaculture facility is located in nav- igable waters or improvements could impede naviga- tion. The safety and quality of aquaculture products, feeds and veterinary drugs used by the industry are governed by other departments, including Health Can- ada, Agriculture and Agri-Food Canada and the Can- adian Food Inspection Agency. Following the adoption of the Canadian Environmental Assessment Act, 2012, the federal government no longer requires environ- mental impact assessments for aquaculture sites. Provincial responsibilities include promotion, de- velopment and regulation of the industry including en- vironmental and land use regulation. In the province of New Brunswick, the aquaculture industry is primar- ily administered by two provincial departments: (1) the Department of Agriculture, Aquaculture and Fisheries ("DAAF"), and (2) the Department of Environment and Local Government ("DELG"). Any operator wanting to carry on the business of aquaculture in New Brunswick must obtain for each site an aquaculture licence and, for a marine aquaculture site, either an occupation permit or an aquaculture lease issued under the Aquaculture Act (New Brunswick) from DAAF. Additionally, an operator must have environmental approval from DELG under the Clean Water Act (New Brunswick) for the construc- tion, modification and/or operation of each location where aquaculture is carried out. In Nova Scotia, the Department of Fisheries and Aquaculture, through its dedicated Aquaculture Div- ision, is the primary provincial government department responsible for the aquaculture industry. The Fisheries and Coastal Resources Act (Nova Scotia) ("FCRA") is the main piece of relevant legislation. The FCRA dis- tinguishes between aquaculture leases and aquaculture licences. An aquaculture licence is required in all cases, while both a lease and a licence are required for aquacul- ture operations on Crown lands. Both leases and licences are granted by the Minister of Fisheries and Aquaculture for a particular geographic area and for particular spe- cies of aquatic plants or animals. Separate approval is needed in order to use or alter a watercourse or water resource for certain aquaculture purposes (such as in- stalling or maintaining fishing equipment and aquacul- ture cages). The department of Nova Scotia Environment issues water approvals pursuant to the Environment Act (Nova Scotia). In the province of Newfoundland and Labrador, the aquaculture industry is primarily administered by two provincial departments: (1) the Department of Fisheries and Aquaculture ("DFA"), which issues aquaculture li- censes under the Aquaculture Act (Newfoundland and Labrador), and (2) the Department of Environment and Conservation ("DEC"), which issue environmental ap- provals, permits and leases to operate the aquaculture site within the province. The Environmental Protection Act (Newfoundland and Labrador) and the Water Re- sources Act (Newfoundland and Labrador) are also ap- plicable. To conduct aquaculture within the province, an operator must acquire an aquaculture license from the DFA for each aquaculture site. From DEC, an operator must acquire a Water Use License and a Permit to Oc- cupy or a Crown Lands lease under the Lands Act (New- foundland and Labrador) for a marine aquaculture site. concLusion This complex and multi-jurisdictional regu- latory regime (in which regulation varies from province to province) can be a significant obstacle for any per- son seeking to start into the commercial aquaculture industry. Similarly, established or growing aquaculture companies face challenges when looking for lenders or investors willing to navigate the complicated regulatory framework in order to get the comfort needed to lend or invest funds into the business. Accordingly, experienced local counsel is a necessity when carrying out aquacul- ture operations in Atlantic Canada. 1 library of Parliament, Aquaculture in canada (Background Paper Publication no. 2013-12-e) (ottawa: Parliamentary information and Research service, 2013) 2 ibid. Greg Harding, partner saint John, n.B. 506.634.6417 gharding@stewartmckelvey.com

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