Update: British Columbia Supreme Court (BCSC) Decision regarding management of aquaculture in B.C.

On February 9, 2009, the British Columbia Supreme Court (BCSC) held that the activity of finfish aquaculture is a fishery and falls under the exclusive jurisdiction of the federal government under the Constitution Act, 1867. Most of the challenged provisions of the B.C. provincial regulatory scheme for the management of aquaculture activities were found to be outside the jurisdiction of the Province of B.C. While the court found that most of these provincial provisions were invalid, it ordered that the current regulatory regime be maintained for 12 months to allow the federal government an opportunity to consider legislation of its own. The 12-month period ends on February 9, 2010.

While the decision of the BCSC is being appealed, the Department of Fisheries and Oceans (DFO) is moving forward to develop draft regulations under the Fisheries Act for the management of aquaculture in B.C. The federal regulatory development process takes time and consultation. DFO is taking a responsible course of action to establish a new legal framework for regulating the fisheries aspects of the B.C. aquaculture industry. Details of the public consultation process to support the development of the draft regulation will be made available within the next few weeks.