Regulation and Support for Aquaculture in Canada

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Regulation

The operations of the aquaculture industry in Canada are regulated by two levels of government. The provinces and territories have the responsibility for the majority of site approvals and for overseeing the industry's day-to-day operations. The federal role involves such areas as research, technology transfer, training and development, access to financing and environmental sustainability relating to the industry. Federal regulations are applied by departments that include Fisheries and Oceans Canada (DFO), Agriculture and Agri-Food Canada, Environment Canada, Health Canada, and by bodies such as the Pest Management Regulatory Agency, the Canadian Food Inspection Agency and others.

The Department of Fisheries and Oceans is the lead federal department for aquaculture. In 1990, the department published an initial strategy for aquaculture development. This was followed, in 1995, by the Federal Aquaculture Development Strategy, a plan that covers all federal departments having a role in aquaculture. The objectives of the strategy are:

• to provide a framework for integrated federal support for aquaculture development
• to advance aquaculture in a manner that complements traditional, recreational and Native fisheries, and is consistent with federal responsibilities for public health and the environment
• to help position the industry in a manner that supports the realization of sustainable competitive advantages while minimizing resource use conflicts

Support for Aquaculture in Canada

Federal and Provincial Roles

Over the years, the federal government has delegated certain responsibilities related to fisheries to the provinces through regulations under the Fisheries Act.

For aquaculture, Memoranda of Understanding (MOUs) have been signed between the federal government and the provinces of British Columbia, Quebec, New Brunswick, Nova Scotia, Prine Edward Island, and Newfoundland, as well as the Yukon and Northwest Territories. The MOUs deal with specific federal and provincial responsibilities and set out the role of each government.

The important areas of federal responsibility are: 

• research and development
• regulation of fish products marketed in interprovincial and export trade
• conservation and protection of wild fish stocks and fish habitat
• importation into Canada and movement between provinces of live fish (salmonids), eggs, and dead, uneviscerated fish under the Fisheries Act and for fish health, the Fish Health Protection Regulations (FHPR)
• the Canadian Shellfish Sanitation Program (CSSP), including water quality studies
• therapeutic drugs and vaccines

The MOUs are customized to meet the needs of the aquaculture industry in each province. The scope and involvement of provinces may include specialized research, education and training, leasehold administration and monitoring, infrastructure development, integrated resource planning, and environmental monitoring.

The provinces and territories have the responsibility for the majority of site approvals and for overseeing the industry's day-to-day operations.

At the federal level, 17 departments and agencies deliver programs and services to the industry. The principal ones involved, and their areas of responsibility, are outlined below. 

Agriculture and Agri-Food Canada (AAFC)

The Department of Agriculture and Agri-Food promotes the development, adaptation and competitiveness of the agriculture and agri-food sector through policies and programs that are most appropriately provided by the federal government. The overall goal is to help the sector maximize its contribution to Canada's economic and environmental objectives and achieve a safe, high quality food supply while maintaining a strong foundation for the agriculture and agri-food sector and rural communities.

Canadian Environmental Assessment Agency (CEAA)

The CEAA administers the federal process whereby environmental assessments of projects that involve the federal government are carried out. A project may be an undertaking in relation to a physical work, that is, a fixed structure that has been built, or a physical activity not related to a physical work but which is described in the Inclusion List Regulations under the Environmental Assessment Act.

At present, aquaculture activities not relating to a physical work are not subject to environmental assessment. However, certain physical activities related to aquaculture have the potential to cause significant adverse environmental impacts. 

A number of amendments to the regulations under the act have been developed by the CEAA to improve the efficiency and effectiveness of the assessment process. Among these is an item on aquaculture to be added to the Inclusion List Regulations.

Canadian Food Inspection Agency (CFIA)

The CFIA is responsible, under the Fish Inspection Act, for applying regulations governing the unloading, holding, handling, transport, processing and labelling of fish and fish products for interprovincial trade or export, including aquaculture products. In addition, the Fish, Seafood and Production Division of the CFIA monitors molluscan shellfish for marine biotoxins under the CSSP, tests aquaculture products for drug residues, and applies and enforces relevant sections of the Consumer Packaging and Labelling Act and the Food and Drugs Act with respect to aquaculture products processed in federally-registered fish plants.

Canadian Heritage

The Canadian Heritage Portfolio was created in June 1993 to consolidate national policies and programs that maintain Canada's cultural sovereignty and promote Canadian identity. Bill C-17.3, an Act to Establish the Department of Canadian Heritage, was proclaimed on July 12, 1996.

Canadian International Development Agency (CIDA)

Working with partners in the private and public sectors in Canada and in developing countries and with international organizations and agencies, CIDA supports foreign aid projects in more than 100 of the poorest countries in the world.

The objective is to work with developing countries and countries in transition to develop the tools to eventually meet their own needs.

Department of Finance Canada

The Department of Finance Canada is the federal department primarily responsible for providing the Government of Canada with analysis and advice on the broad economic and financial affairs of Canada.

Department of Foreign Affairs and International Trade (DFAIT)

The Department's legal mandate, as set out in the Department of Foreign Affairs and International Trade Act, RSC 1985, c. E-22, is to:

• conduct all diplomatic and consular relations on behalf of Canada
• conduct all official communication between the Government of Canada and the government of any other country and between the Government of Canada and any international organization
• conduct and manage international negotiations as they relate to Canada
• coordinate Canada's economic relations
• foster the expansion of Canada's international trade
• coordinate the direction given by the Government of Canada to the heads of Canada's diplomatic and consular missions and to manage these missions
• administer the foreign service of Canada;
• foster the development of international law and its application in Canada's external relations.

Environment Canada (EC)

The department provides scientific, technical and regulatory advice to the industry. Its shellfish growing water survey and classification responsibilities under the CSSP most directly affect the industry.

DOE's responsibilities under the CSSP are to conduct sanitary surveys of shellfish growing areas and to make recommendations as to their classification to the Department of Fisheries and Oceans and the CFIA.

Farm Credit Canada (FCC)

Following legislative changes, the Farm Credit Canada began providing financing to the aquaculture industry in 1995 and has been an active partner in this growing industry. 

Fisheries and Oceans Canada (DFO)

DFO provides support for aquaculture development through its regional aquaculture coordinators and Local Fish Health Officers in those provinces where DFO administers the fishery. The coordinators provide information about the regulatory framework for aquaculture as well as guidance about federal programs and services to assist the industry.

Local Fish Health Officers, located within each region of Canada, administer the FHPR for their province or area. Their responsibilities include reviewing certificates and data relevant to production sources, shipments of fish or eggs, and the health needs of their region. Under the FHPR, they may issue import permits to allow passage of live fish or eggs or dead, uneviscerated fish (currently salmonids only) entering Canada or moving interprovincially within Canada.

In addition, the department conducts a broad array of scientific research which is beneficial to the aquaculture industry and it works closely with the industry in a number of collaborative projects.

Health Canada (HC)

In partnership with provincial and territorial governments, Health Canada provides national leadership to develop health policy, enforce health regulations, promote disease prevention and enhance healthy living for all Canadians. Health Canada ensures that health services are available and accessible to First Nations and Inuit communities. It also works closely with other federal departments, agencies and health stakeholders to reduce health and safety risks to Canadians.

• Bureau of Veterinary Drugs (BVD)
   

  Due to the complexity and cost of obtaining approvals for the use of veterinary drugs in aquaculture, the private sector has shown little interest in obtaining such approvals. At present, the number of veterinary drugs available for use in aquaculture is very limited. Consequently, producers have frequently opted to use drugs which are approved for terrestrial animals but not specifically for use in aquaculture. Such use could potentially result in illegal drug residues in fish at the time of slaughter.

  Because of this situation, the bureau has made a provision for a substantial reduction of cost recovery fees for submissions for new drugs intended for minor species, including drugs for aquaculture.

• Pest Management Regulatory Agency (PMRA) 
   

  Products used for external treatment of external parasites such as bath treatments for sea lice are regulated as pest-control products. Under the Pest Control Products Act, administered by the PMRA, all pest control products must be registered before they are imported into or used in Canada. To be registered, the environmental and human safety and value of the product must be determined to be acceptable.

  While the number of aquaculture products for which the PMRA is responsible is very small, the agency has made a substantial effort to support the aquaculture sector by:

  • developing a national sea lice integrated management strategy, in partnership with Salmon Health

  • organizing, together with the US Federal Drug Administration Center for Veterinary Medicine (CVM), a workshop on sea lice therapeutants

  • developing a project under the NAFTA Technical Working Group on Pesticides, whereby the PMRA and CVM are cooperating in sharing data and reviews on sea lice products

  • organizing workshops on the East and West coasts to address the assessment of potential environmental impacts of sea lice products

  • emergency registrations of products during the sea lice outbreaks of 1994 and 1995.

  Human Resources Development Canada (HRDC)

  The department has assisted the aquaculture sector through its Sectoral Partnerships Initiative to bring together representatives of employers, workers, educational institutions and other professional groups in a neutral forum, the Canadian Aquaculture Industry Alliance - Sector Council. HRDC continues to support the council's infrastructure and its work in studying current and projected human resource challenges, identifying solutions and implementing human resource strategies for the aquaculture sector.

  Indian and Northern Affairs Canada (INAC)

  The department fulfils the lawful obligations of the federal government to Aboriginal peoples arising from treaties, the Indian Act and other legislation.

  Industry Canada

  Industry Canada's mandate is to help make Canadians more productive and competitive in the global, knowledge-based economy. The department's policies, programs and services help create an economy that:

  • provides more and better-paying jobs for Canadians
  • supports stronger business growth through sustained improvements in productivity
  • gives consumers, businesses and investors confidence that the marketplace is fair, efficient and competitive
     
  • Atlantic Canada Opportunities Agency (ACOA)
     

    As a regional development agency, ACOA is responsible for increasing opportunities for economic development for small and medium-sized enterprises in Atlantic Canada. ACOA has actively supported the aquaculture industry over the last decade given that aquaculture is an important source of new jobs and a means of diversifying local economies. The Agency has partnered with the private sector in Atlantic Canada to invest in over 500 projects involving hatcheries, grow-out sites, processors, cage, net and feed manufacturers, non-profit associations and research facilities. ACOA assistance to commercial aquaculture initiatives seeks to leverage contributions by other financial partners (e. g. banks, feed companies) and has consistently been provided within the framework of existing environmental legislation and principles of sustainable development.

    Under its advocacy mandate, the Agency has promoted the industry as an innovative, high-growth sector. In keeping with the federal government commitment to support the development of emerging high-growth industries, ACOA recently partnered with Western Diversification and six other departments to assist the national industry association in a study to identify impacts and cumulative effects of the federal regulatory environment. It is expected that this work will bring a sharper focus on the complex area of regulatory issues and contribute to development of a policy framework for the industry.  

  • Canada Economic Development for Quebec Regions
     

    Under the Department of Industry Act, the objective of Canada Economic Development for the Regions of Quebec is to promote economic development in areas of Quebec where low incomes and slow economic growth are prevalent or where opportunities for productive employment are inadequate, to emphasize on long-term economic development and sustainable employment and income creation and to focus on small-and medium-sized enterprises and the development and enhancement of entrepreneurial talent.

  • Federal Economic Development Initiative in Northern Ontario (FedNor)
     

    FedNor is the Federal Economic Development Initiative in Northern Ontario. FedNor promotes economic growth, diversification, job creation and sustainable, self-reliant communities in Northern Ontario, by working cooperatively with community partners and other organizations.  

  National Research Council Canada (NRC)

  Working in partnership with innovative companies, universities and research organizations world wide, NRC enhances Canada's social and economic well-being and creates new opportunities for Canadians.

  • Institute for Marine Biosciences
     

    In 1994, the NRC's Institute for Marine Biosciences +research program began to be redirected to make aquaculture research a main focus. The Institute is now recognized as one of Canada's premier aquaculture research centres. The aquaculture industry has welcomed the addition of this research capacity related to the sector.

  Western Economic Diversification Canada (WD)

  The agency is involved in providing financial support to aquaculture activities, which it considers to be eligible for its programming. Over the past two years, it has provided approximately $163,000 in support to the aquaculture industry in British Columbia. The agency has made funding available for activities such as pilot projects, conferences and workshops and other activities.

  In addition, WD commissioned a major study quantifying the economic potential of the aquaculture industry for coastal communities in British Columbia. WD has also taken the lead in an interdepartmental study to examine the impact of federal regulations on the aquaculture industry nationally.

  Natural Resources Canada (NRCan)

  Natural Resources Canada (NRCan) is a federal government department specializing in energy, minerals and metals, forests and earth sciences.

  Natural Sciences and Engineering Research Council of Canada (NSERC)

  NSERC's role is to make investments in people, discovery and innovation for the benefit of all Canadians.

  Statistics Canada

  Statistics Canada is the country's national statistical agency, with programs organized into three broad subject matter areas: demographic and social, socio-economic and economic.