Aquaculture Legislation in Ontario PDF
Aquaculture Legislation in Ontario PDF
Aquaculture Legislation in Ontario PDF
IN ONTARIO
(Revision of November 1996 version)
Summary
The legislative and regulatory systems affecting aquaculture in Ontario can be very complex. No single agency is respon-
sible for all aquacultural regulations. The principle regulating agencies are: Fisheries and Oceans Canada, the Ontario
Ministry of Natural Resources, the Ontario Ministry of Environment and local municipalities. However, depending on the
type of operation or activities, numerous other Acts administered by various federal and provincial agencies may be
involved. Where applicable, these Acts can invoke requirements for multiple additional licences. This factsheet has been
revised because the new Fish and Wildlife Conservation Act came into effect on January 1st 1999, with an accompanying
change in the licences required.
i. Ontario Ministry of Natural Resources A Licence to Stock Fish in Ontario Waters permits the
The Federal Government is responsible for fisheries in stocking and transportation into any ponds or waters either
Canada, as enabled by the Fisheries Act of Canada. To aid in connected to open
the administration of the Fisheries Act, a number of regulations waters or situated in
have been established. Of these, the Ontario Fishery a flood plain.
Regulations deal with the management of fish in Ontario. The Permission to stock
Ontario Fishery Regulations confer the authority for regulating will be in accordance
certain aspects of fish and fisheries management in Ontario to to OMNR policies
the Ontario Ministry of Natural Resources (OMNR). OMNR and guidelines. This
also administers The Fish and Wildlife Conservation Act of licence is valid for
Ontario (with associated regula- three years. A
tions) which provides for the Licence to Stock Fish
management, perpetuation and in Ontario Waters is Pond construction on a natural
watercourse
rehabilitation of all Ontario’s fish not required for arti-
and wildlife resources. This act ficial waters (ponds).
replaced The Game and Fish Act A Licence to Collect Fish From Ontario Waters is required
of Ontario on January 1st 1999. before wild fish or their gametes are taken from Ontario
It is legal to raise and sell waters. The issuing of this licence is based on conservation
most game and baitfish indige- needs, aboriginal or treaty rights and the needs of all other
nous to Ontario, in addition to resource users, including aquaculture.
tilapia and crayfish (Table 1). The Fee-for-fishing operations, where users pay a fee to catch
culture of a specific fish species is cultured fish, require an Aquaculture Licence. This licence
subject to licence approval by the exempts the holder and all persons angling on the premises
local OMNR District office. from requiring a sport fishing licence, catch limits and season
A good catch from a Licences to culture and sell fish, restrictions.There are additional licences that cover commercial
fee-for-fishing operation stock fish in Ontario waters and fishing, baitfish harvesting and the collection of fish for scien-
collect fish and/or their gametes are issued by OMNR. tific purposes.The Fish and Wildlife Conservation Act also has
An Aquaculture Licence permits the holder to culture, pur- a provision for the protection and control of certain fish eating
chase, sell and transport the species specified in the licence. birds which are known to frequent fish farms such as kingfish-
The granting of an Aquaculture Licence depends upon recom- ers and ospreys.
mendations by OMNR specialists who assess the potential eco- In Ontario, the law respecting watercourses is based on the
logical impacts of the proposed fish farm.The licence is valid maxim of Common Law “Aqua currit et debet currere”, which
for five years. An Aquaculture Licence is renewable or trans- translates as “water flows naturally and should be permitted to
ferable, providing the licence conditions are complied with. thus flow”. OMNR is responsible for administering the Lakes
The cage culture of fish on public lands (i.e. lakes) requires the and Rivers Improvement Act which requires the Ministry’s
monitoring and maintenance of water quality as specified on approval before construction of any works in or near water.
the particular licence. The implementation of this specific con- Examples of these works include: dams, diversions, channels,
dition is currently under review by all the involved parties. fill, crossings and removal of existing structures. This Act per-
Fee-for-fishing operations, formerly licenced as fishing pre- tains to both new structures or changes to existing ones (e.g.
serves, now require an Aquaculture Licence. dam repairs).
Table 1. List of species eligible for culture in Ontario (subject to approval by the local District Office of the Ontario
Ministry of Natural Resources)
Common Name Scientific Name Common Name Scientific Name
PROVINCIAL GOVERNMENT:
Government of Ontario http://www.gov.on.ca Home Page
http://www.gov.on.ca/MBS/english/index.html Ontario Acts & regulations
Ont. Min. Agric. Food & Rural Affairs http://www.gov.on.ca/OMAFRA/ Home Page
FEDERAL GOVERNMENT:
OTHER LINKS:
The subject matter presented in this publication is complicated and the authors sought information, comments and advice
from numerous persons including S. Naylor, J.Hynes and G. Reid. Special thanks to Steve Naylor for the photos on pages 1 and 2.
FURTHER READING
Brooks, G.E., 1984. The regulation of drugs used in aquacul- O.M.E., 1994. Water Management: Goals, Policies,
ture Aquaculture Association Bulletin 89-4, p. 39-42. Objectives andImplementation Procedures of the
Canadian Aquaculture Industry Alliance. 1998. Aqua. Ministry of the Environment. 70 pp.
Federal RegulatoryReview. 254 pages. O.M.E., 1988. Waste Water Treatment in Aquaculture
Canadian Coastguard. 1990. Navigable Waters Protection Facilities. ISBN 0-7729-4703-1.
(NWP) Division Operational Directive, Water Use: O.M.N.R., 1983. Building a Dam and Other Water Projects.
Aquaculture. Directive Number 3.7600, 22 pages, issued 21 pp.
01/03/90. O.M.N.R., 1995. Aquaculture: Interim Policy Directives.
Charpentier, J., 1990. GST. It’s not just another fish disease! 37 pp.
Canadian Aquaculture, Sept/Oct 39-41. Roth, M., 1999. Legislation and regulations pertaining to
Fay, D.M., 1985. Planning a New Water Well. Ont. Min. aquaculture therapeutants. In: M. Roth [ed.] Salmon
Agric. and FoodFactsheet, Order No. 85-115. Health Report - 1999. Northern Aquaculture, Special
Fisheries and Oceans Canada, 1984. Fish Health Protection Edition, February 1999. ISSN 1183-2428. Pages 20-22.
Regulations: Manual of Compliance. Fish. Mar. Serv. Roth, M., 1999. The current status of approved
Misc. Spec. Publ. 32 (Revised), 32 pp. therapeutants for Canadian aquaculture. In: M. Roth
Fisheries and Oceans Canada, 1990 (revised). Fish Habitat [ed.] Salmon Health Report - 1999. Northern
Management Policy. Cat. No. Fs 23-98/1986-1E, Aquaculture, Special Edition, February 1999. ISSN
ISBN 0-662-15034-1. 1183-2428. Pages 4-5.
Irwin, R.W., 1988. Common Law Aspects of Water. Ont. Toombs, M. 1994. Legislation & Farming Practices. Ont.
Min. Agric. and FoodFactsheet, Order No. 74-058. Min. Agric. And FoodFactsheet, Order No. 94-047.
Meyer, F.P., J.W. Warren and T.G. Carey (ed.). 1983. Wildsmith, B.H., 1982. Aquaculture: The Legal Framework.
A guide to integrated fish health management in the Edmond-Montgomery Ltd. ISBN 0-920722-08-3.
Great Lakes basin. Great Lakes Fishery Commission, Wildsmith, B.H., 1984. Federal, provincial, and municipal
1451 Green Rd., Ann Arbor, Michigan 48105. Spec. government roles in aquaculture. In G.I. Pritchard [ed.]
Publ. 83-2: 272 pp. Proceedings of the National Aquaculture Conference.
O.M.A.F., 1999. Guide to Weed Control.1999. Can. Spec. Publ. Fish. Aquatic. Sci. 75: 104 -112.
Publication 75, AGDEX 641. Wildsmith, B.H., 1995. Aquaculture Rights: When the Tide
O.M.A.F., O.M.E., 1996. Guidelines for the Utilization of Turns. In A.D Boghen [ed.] Cold-Water Aquaculture in
Biosolids and Other Wastes on Agricultural Lands. Atlantic Canada. pages 535 - 555.