AQUACULTURE LEGISLATION

IN ONTARIO
(Revision of November 1996 version)

Richard D. Moccia and David J. Bevan

485
JUNE 2000 AGDEX
872

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.

INTRODUCTION AGENCIES INVOLVED IN AQUACULTURE

Legislation affecting commercial aquaculture in Ontario is In part, the complexity of the legislation affecting aquacul-
principally concerned with the orderly development of the ture in Ontario is due to the way that provincial and federal
industry, management of the environment and its indigenous jurisdiction affect property rights. “Aquaculture” is simply the
organisms, and the safety of fish products and the protection of culture of any aquatic plant or animal, and as such involves the
consumers. This requires a balance between allowing new and propagation of essentially “private property” in water that
diverse forms of farming activity while preventing, or at least may also be “private property”. The laws affecting private
controlling, the impact of these activities. The laws affecting property are primarily bound by provincial jurisdiction.
aquaculture involve federal, provincial and municipal govern- However, federal jurisdiction comes into force when “private
ments in a complex legislative network. This fact sheet pro- property” is moved between provinces or out of the country. In
vides a brief overview of Ontario aquaculture legislation; and law, federal legislation usually takes precedence over provin-
summarizes the applicable Acts, Regulations, important agen- cial legislation which in turn takes precedence over municipal
cies and licences and permits which by-law.
relate to them (Tables 1 and 2). The key provincial government agen-
The Oxford Dictionary defines Law cies involved in the regulation and admin-
as a “rule enacted or customary in a com- istration of aquaculture in Ontario are: the
munity and recognized as enjoining or Ontario Ministry of Natural Resources,
prohibiting certain actions”. The aim of the Ontario Ministry of the Environment,
Law is to ensure some measure of justice the local Conservation Authority, the
and protection of the rights of society. Ontario Ministry of Municipal Affairs
This encompasses a belief that future and Housing and the local Municipality.
generations and the environment in Cage aquaculture has unique The key federal government agencies
which they will live should also be pro- requirements for licencing are: Fisheries and Oceans Canada;
tected. Canadian Law is classified as either Common Law or Agriculture and Agri-Food Canada; Health Canada and
Statute Law. Common Law consists of rules, principles and Environment Canada. In addition, several provincial and fed-
customs used as a basis for decision making, while Statute Law eral government agencies that regulate most business ventures
consists of Acts of Legislature or Parliament developed to pro- are also involved such as the Ontario Ministry of Labour, the
tect society. Each Act embodies a series of ‘Regulations’ which Ontario Ministry of Consumer and Commercial Relations
provide details about the interpretation and administration of and Canada Customs and Revenue Agency.
the respective Act.
continued on page 2
continued from page 1 The legislation described in the following sections is prima-
The administrative agencies and respective legislation and rily concerned with regulating the development of new farms.
permits that may apply to aquaculture are listed in Table 2. Once a farm has begun operations and is producing fish or
Although there is considerable overlap of mandate both with- other aquacultural products, further regulations often come
in and between agencies, granting of an approval, permit or into effect. Established fish farmers should be aware that
licence from one agency in no way confers sanction or changes to their operation, e.g. amount of water taken, method
approval for any other permit or licence from another agency. of obtaining water, soil excavations etc. invariably require
Often, each agency administers its own legislation independ- amendments to existing permits and/or the granting of new or
ently and it is the farmer’s responsibility to ensure that all additional permits.
required approvals have been obtained at the appropriate time.

A. PROVINCIAL GOVERNMENT AGENCIES

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).

2 AQUACULTURE LEGISLATION IN ONTARIO

 OMNR also administers trial facilities that discharge water. The application requires a
the Beds of Navigable complete description of the facility, the volume of water to be
Waters Act and the Public used and, what effluent will be produced and how the effluent
Lands Act which involves a will be treated and disposed.
Land Use Permit for cage The Environmental Protection Act and the Ontario Water
culture operations. Resources Act, provide legislation which controls the dis-
Fish products sold within charge of specific waste materials from fish farms. Particular
Ontario may be subject to attention is given to the timing, method and location of sewage
OMNR’s Fish Inspection Act, sludge application. Disposal of sewage outside the farm’s
An artesian well at 1000
although this Act has not yet immediate property requires an additional Certificate of
litres per minute
been applied to farmed fish. Approval for Organic Waste Management System and Site.
The Aquaculture Licence allows the sale of fish species speci- The Environmental Protection Act may also require a
fied in the licence. Processed product sold at the “farm gate” Certificate of Approval (Air) for the exhaust emissions from a
normally requires no additional permits. However, sale of stationary combustion engine (e.g. standby electricity genera-
smoked fish products, regardless of the point of sale, may be tor).
regulated by Health Canada and the local Health Department. The Pesticides Act requires a Permit to Purchase and/or
When fish and fish products are moved between provinces or Perform a Water Extermination from OME before any pesti-
exported from Canada they are subject to federal jurisdiction cide is applied to surface waters in Ontario. In addition, a
(see Federal Government Agencies, Agriculture and Agri-Food Water Exterminator’s Licence may be required when using
Canada, Canadian Food Inspection Agency). certain substances. The actual pesticides that can be used must
be registered under the federal Pest Control Products Act and
ii. Ontario Ministry of the Environment scheduled under Ontario’s Pesticides Act.
In addition to OMNR’s interest in the use of lakes and A fourth act that may apply to an aquaculture venture is
rivers, the Ontario Ministry of the Environment (OME) has a Ontario’s Environmental Assessment Act. An environmental
legislated mandate for the management of surface and ground impact assessment may be required for proposed aquaculture
water quality and quantity facilities. However, to date, this has rarely been required.
throughout the province. OME have produced several publications on water, waste-
OME administers several water and aquatic weed management.
Acts which directly affect
aquaculture: the Ontario iii. Conservation Authority
Water Resources Act, the The local Conservation Authority has partial authority
Environmental Protection (under OMNR) to regulate development within floodplains
Act and the Pesticides Act. and headwater swamps. Consultation may be required if your
The Ontario Water property lies in an environmentally sensitive area. It should be
Resources Act requires a noted that the Conservation Authority will generally prohibit
Spreading fish manure on
Permit to Take Water before the construction of any permanent dwelling within a river
agricultural land
the start up of any facility flood plain. OMNR staff at the local District or Area Office will
using more than 50,000 litres per day (approximately 35 litres advise on the specific situation.
per minute or 8 Imperial gallons per minute). The application
for a Permit to Take Water requires details about the type of iv. Ontario Ministry of Municipal Affairs and Housing and
water source and proposed use of the water, including pur- the local Municipality
pose, location, quantity and timing. In some cases, an applica- The Ontario Ministry of Municipal Affairs and Housing
tion may also require a hydrological study of local wells and oversees the Planning Act under which there is provision for
surrounding zones, installation and monitoring of additional Municipal Governments to control local development through
observation wells, flow records, pump testing and other condi- by-laws. Although in many cases the architect or contractor
tions. will obtain the necessary municipal permits, the farmer is ulti-
A Certificate of Approval is required for wastewater treat- mately responsible for having them issued and should there-
ment works, to ensure that there will be no adverse effects on fore be familiar with them. In Ontario, a Zoning Bylaw is a pre-
the environment. The Application for the Approval of Plans cise legal document used by the local municipality to regulate
and Specifications for the Construction of Works for the land use. It states what land uses are permitted in an area,
Collection, Transmission, Treatment and Discharge of where buildings can be located, the types of uses for buildings,
Industrial Wastewater (i.e. the application which, if successful, sizing of buildings and many other details. If your plans do not
results in a Certificate of Approval) is required by most indus- comply exactly with the zoning bylaw, a Minor Variance may

AQUACULTURE LEGISLATION IN ONTARIO 3

be obtained. A Committee of Adjustment will hear applications Act, though the diagnosis and treatment of fish is exempt from
for a minor variance and decisions can be appealed to the the provincial legislation. Drug prescription is only permitted
Ontario Municipal Board. The actual rules governing the by a qualified and registered veterinarian (see Federal
requirement of a Building Permit vary among municipalities, Government Agencies, Health Canada).
but generally any construction work over 100 square feet OMAFRA supports a major initiative in research and serv-
requires a building permit. The building permit is issued by the ices for the Ontario aquaculture industry.
Building Department to ensure compliance with zoning
bylaws, the Building Code Act and other applicable regula- vi. Ontario Ministry of Labour
tions. The Occupational Health and Safety Act is administered
Most municipal permits and approvals are straightforward by the Ontario Ministry of Labour. Aquaculturists may come
and easy to obtain, provided the right preparation is made. In under the regulations, which require for example, guard rails
all cases, municipal staff are available for consultation. around tanks, life jackets, accompanying person on duty, safe-
ty poles etc. Operations that involve scuba diving come under
v. Ontario Ministry of Agriculture, Food & Rural Affairs a specific set of regulations.
The Ontario Ministry of Agriculture, Food and Rural
Affairs (OMAFRA) and the local Municipality administer The vii. Ontario Ministry of Transportation
Drainage Act. This Act can affect aquaculture facilities that Approvals may be necessary if wells or culverts etc. are
intend to discharge effluent into a municipal drainage system. proposed in proximity to public highways. OMNR staff can
OMAFRA is also responsible for Ontario’s Veterinarians advise.

B. FEDERAL GOVERNMENT AGENCIES

i. Fisheries and Oceans Canada further consideration should be given to possible inspection by
Fisheries and Oceans Canada, in concert with the Ontario the U.S. Food and Drug Administration.
Ministry of Natural Resources, The Navigable Waters Protection Act is administered
administers the Fish Health by the Canadian Coast Guard of Fisheries and Oceans
Protection Regulations, pur- Canada and prohibits the placement or construction of
suant to the Fisheries Act of works in any navigable waterway in Canada without
Canada. These two agencies approval of the Minister of Fisheries and Oceans. This
are concerned with the move- Act is of concern to those considering the use of cages in
ment of fish disease organisms the Great Lakes or other open water bodies. The
within Canada. There are sev- Navigational Impact Assessment Guidelines outline
eral fish related pathogens the important criteria, e.g. aids to navigation, anchor
which are classified as lines, markers and equipment etc. and can be obtained
Emergency Fish Disease Trout processing for export requires from your local Canadian Coast Guard office.
Agents. Aquaculturists should federal inspection
be familiar with these agents ii. Agriculture and Agri-Food Canada
and the ramifications of infection. Fish infected with any of the Agriculture and Agri-Food Canada administer three acts
Emergency Fish Disease Agents may be subject to specific that can affect aquaculture: the Health of Animals Act under which
action such as quarantine or eradication. the import and registration of fish vaccines are regulated; the
Aquaculturists who intend to move live salmonids or eggs Feeds Act under which
into or out of Ontario must be aware of the Fish Health fish feeds and feed addi-
Protection Regulations. This is important because necessary tives are regulated; and
“certification” procedures can require regular inspections of a all fish and fish products
farm over a minimum two-year period. The details of this certi- that are marketed and
fication are given in the “Fish Health Protection Regulations: subsequently transport-
Manual of Compliance” (see Table 3 and Further Reading). ed between provinces or
Eviscerated farmed-fish are exempt from these regulations. exported from Canada
Therefore, it is acceptable to import or transfer such fish must be processed in
between provinces without an import permit. accordance with the Fish Fresh products of Ontario
aquaculture
When fish and fish products are exported to the United Inspection Act. The
States, it may be necessary to comply with legislation under Canadian Food Inspection Agency (CFIA) is responsible for
U.S. Title 50 Regulations. When exporting to the United States applying the regulations under this act.

4 AQUACULTURE LEGISLATION IN ONTARIO

iii. Health Canada Agency within Health Canada over-
By a Memorandum of Understanding between Health sees this act.
Canada and Agriculture and Agri-Food Canada, some chemi-
cals used to treat animals are regulated as drugs by Health iv. Environment Canada
Canada, while others are regulated as pesticides by Agriculture The Migratory Birds Convention
and Agri-Food Canada. Act affects control measures of heron
The Food and Drugs Act along with various regulations are species, and fish farmers are able to
administered by Health Canada. Within Health Canada, the apply to the Canadian Wildlife
Drugs Directorate is responsible for ensuring that all drugs Service for special permits. The con-
sold in Canada for use in animals are safe and effective for the trol of other fish eating birds, e.g.
animals being treated, and their proper use does not result in kingfishers, are subject to the Ontario
harmful drug residues in human foods. Fish and Wildlife Conservation Act
While aquaculturists currently obtain various drugs from (see Provincial Government Agencies,
several sources, including veterinarians, feed companies and OMNR). Control measures of
aquaculture service companies, only a few drugs are registered bird predators are
regulated provincially
for fish culture use in Canada. These include AQUAFLOR, v. Canada Customs and Revenue and federally
AQUALIFE TMS, MARINIL, PARASITE S, PEROX-AID, Agency
ROMET-30, SALMOSAN, TERRAMYCIN AQUA and TRIB- All businesses with annual sales over $30,000 are required
RISSEN 40. All other drugs used in fish culture are subject to an to register for Goods and Services Tax (GST) collection. The
“Emergency Drug Release Regulation” requiring limited use GST legislation classes fish as “zero-rated” and therefore a fish
under the supervision and/or prescription of a veterinary farmer would not normally collect GST on sales. However,
practitioner. There is limited data available on the residues since many purchases needed to operate a fish farm would
remaining in fish flesh from the use of these unapproved have GST applied, most fish farmers would benefit from regis-
drugs. The Pest Control Products Act determines what pesti- tration, regardless of their sales volume, to permit a tax refund.
cides can be used and links with Ontario’s Pesticides Act,
administered by OME. The Pest Management Regulatory

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

Lake sturgeon Acipenser fulvescens Common shiner Luxilus cornutus

Atlantic salmon Salmo salar Golden shiner Notemigonus crysoleucas
Brown trout Salmo trutta Emerald shiner Notropis atherinoides
Brook trout Salvelinus fontinalis Common carp Cyprinus carpio
Lake trout Salvelinus namaycush Goldfish Carassius auratus
Arctic charr Salvelinus alpinus Brown bullhead Ameiurus nebulosus
Chinook salmon Oncorhynchus tshawytscha Channel catfish Ictalurus punctatus
Coho salmon Oncorhynchus kisutch American eel Anguilla rostrata
Pink salmon Oncorhynchus gorbuscha Largemouth bass Micropterus salmoides
Rainbow trout Oncorhynchus mykiss Smallmouth bass Micropterus dolomieu
Lake whitefish Coregonus clupeaformis Bluegill Lepomis macrochirus
Lake herring (cisco) Coregonus artedii Pumpkinseed Lepomis gibbosus
Muskellunge Esox masquinongy Black crappie Pomoxis nigromaculatus
Northern pike Esox lucius Walleye Stizostedion vitreum
Creek chub Semotilus atromaculatus Sauger Stizostedion canadense
White sucker Catostomus commersoni Yellow perch Perca flavescens
Bluntnose minnow Pimephales notatus Tilapia of the genera Oreochromis, Sarotheradon, Tilapia
Fathead minnow Pimephales promelas Crayfish Cambarus robustus, C. bartonii
Redbelly dace Phoxinus eos Orconectes immunus, O. virilis, O.
Finescale dace Phoxinus neogaeus propinquus

AQUACULTURE LEGISLATION IN ONTARIO 5

Table 2. Summary of Legislation and Regulations Pertaining to Aquaculture in Ontario
Administrative Agency and Legislation Summary of Principle Permit(s)
A. PROVINCIAL GOVERNMENT AGENCIES
Ontario Ministry of Natural Resources
Fish and Wildlife Conservation Act Provide management, perpetuation and rehabilitation of wildlife............... a,b,c,d
+ Ontario Fishery Regulations
The Lakes and Rivers Improvement Act Ensure that alterations to water flow do not pose a hazard................................. e,f
The Conservation Authorities Act Preservation of habitat lying within established flood plains.
Beds of Navigable Waters Act A lake-bed lease is required by cage culture operations.
Public Lands Act Provides controlled use of public land, and cage culture areas........................... g
Aggregate Resources Act Regulates aggregate removal from water courses.
Fish Inspection Act Inspection of products. Ensure product safety and quality.
Ontario Ministry of the Environment
Ontario Water Resources Act Management of surface and groundwater quality and quantity........................ h,i,j
The Environmental Protection Act Provide protection and conservation of the natural environment......................... k,l
Pesticides Act Control the availability and use of pesticides........................................................ m
Environmental Assessment Act Allows environmental assessment to be carried out.
Conservation Authority
The Conservation Authorities Act Controls development within flood plains (see OMNR).
Ontario Ministry of Municipal Affairs and
Housing and local Municipality
The Planning Act Allow orderly planning and development of land use.
Provincial Municipal Act Bylaws established by local government to regulate land use etc..................... n,o
The Niagara Escarpment Planning Additional control of development in this area.
and Development Act
Ontario Ministry of Agriculture, Food and
Rural Affairs
The Drainage Act Controls drainage of land, including the discharge of surface water.
The Veterinarians Act Regulates drug use.
Fish Inspection Act
Ontario Ministry of Labour
Occupational Health and Safety Act Protect workers against health and safety hazards.
Ontario Ministry of Transportation
Highways Act Wells and structures next to highways..................................................................... p
Ontario Ministry of Consumer and
Commercial Relations Company registration and/or incorporation.
B. FEDERAL GOVERNMENT AGENCIES
Fisheries and Oceans Canada
Fisheries Act of Canada Protection of fisheries and their habitat. Import/export of fish................................. q
+ Fish Health Protection Regulations Regulates movement of certain fish species throughout Canada.
+ Ontario Fishery Regulations
Navigable Waters Protection Act Any work or structure placed in navigable water requires approval....................... r
Agriculture and Agri-Food Canada and
Canadian Food Inspection Agency
Health of Animals Act Import and registration of biologics and fish vaccines.
Feeds Act Regulates feed quality and drugs in feed.
Fish Inspection Act and Regulations Inspection of products for export. Ensure product safety and quality.
Health Canada and
Pest Management Regulatory Agency
Food and Drugs Act Approval of drugs used in animals, including fish and smoked fish products.
Pest Control Products Act Registration of pesticides.
Environment Canada
Canadian Environmental Assessment Act Integrates environmental factors into planning process.
Canadian Environmental Protection Act Provides protection and conservation of the natural environment.
Migratory Birds Convention Act Protection of certain bird species............................................................................ s
Canada Customs and Revenue Agency
Goods and Services Act Consumption tax.
PERMITS OR LICENCES REQUIRED: k. A “Certificate of Approval” for Organic Waste Management System
a. Aquaculture Licence. and Site required for off-property disposal.
b. Licence to Stock Fish in Ontario Waters. l. A “Certificate of Approval” is required for stationary combustion
c. Licence to Collect Fish from Ontario Waters. engines (e.g. generators).
d. Bait-fish Dealers Licence. m. A Permit to Purchase and/or Perform a Water Extermination must be
e. Application for approval of project’s location required. obtained before any pesticide is applied to surface waters.
Subsequently, detailed plans and specifications to be submitted. n. Building Permit required for any construction work exceeding 100
f. Permit for Construction, Fill or Alteration of a Watercourse required square feet.
for any construction or fill placed in a flood plain or for alteration o. Additional permits required for electricity, plumbing, heating,
of a water course. fire etc.
g. A Licence of Occupation of Public Land or Crown Land Lease is p. Permit required by property owner prior to construction of a well
required if river or lake bottom owned by the Crown. near to a Kings Highway.
h. Permit to Take Water required if more than 50,000 litres/day q. Import Permit required to transfer cultured salmonids and eggs
(approximately 10,000 Igpd) taken. from wild fish between provinces.
i. A “Certificate of Approval” is required for construction of any r. A Declaration of Exemption is required by cage culture operations.
treatment works. s. Scare Permit or Damage-Kill Permit may be issued by Canadian
j. Well construction permit required by all water well contractors. Wildlife Service to deter herons.

6 AQUACULTURE LEGISLATION IN ONTARIO

Table 3. List of Internet Sites related to Aquaculture Legislation in Ontario.
Name of Agency /Ministry Internet Address Comments

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

Ont. Min. Environment http://www.ene.gov.on.ca/ Home Page

Ont. Min. Natural Resources http://www.mnr.gov.on.ca/MNR Home Page

Conservation Authority http://www.grandriver.on.ca/ontario_ca.html Websites and email addresses

FEDERAL GOVERNMENT:

Government of Canada http://canada.gc.ca Home Page

http://canada.justice.gc.ca Links to Acts & regulations

Agriculture & Agri-Food Canada http://www.agr.ca/lawse.html See also Canadian Food

Inspection Agency

Environment Canada http://www.ec.gc.ca/legis_e.html Publications - Legislation

http://www.ec.gc.ca/water/index.htm Water policy and legislation

Fisheries & Oceans Canada http://www.ncr.dfo.ca Home Page

http://www.dfo-mpo.gc.ca/communic/ Acts, orders & regulations
policy/dnload_e.htm

Health Canada http://www.hc-sc.gc.ca/english/policy.htm Regulation & policy information

Canada Customs and http://www.ccra-adrc.gc.ca Was Revenue Canada.

Revenue Agency Gives GST details

Canadian Food Inspection Agency http://www.cfia-acia.agr.ca/english/ Overseas a large number of

actsregs/mainactse.shtml Acts & regulations

Pest Management Regulatory Agency http://www.hc-sc.gc.ca/pmra-arla Home Page

OTHER LINKS:

University of Guelph http://www.aps.uoguelph.ca/~aquaculture/ Aquaculture Centre “links page”

ABM/Health.htm

University of Purdue, USA http://ag.ansc.purdue.edu/aquanic/jsa U.S. Joint Subcommitte on Aquaculture

http://ag.ansc.purdue.edu/aquanic/publicat/ Guide to Drug,Vaccine, and
govagen/usda/gdvp.htm Pesticide Use in Aquaculture

AQUACULTURE LEGISLATION IN ONTARIO 7

ACKNOWLEDGEMENTS

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.

This fact sheet is a general guide to the legislation affecting

This project was funded by the Ontario Ministry of
the aquaculture industry in Ontario. Every effort has been Agriculture, Food and Rural Affairs through funding
made to ensure a complete and accurate presentation of the provided by the Applied Fish Production Research
Program 42.
facts as the authors understand them. However, the authors,
the University of Guelph and the Ontario Ministry of Please address correspondence to Prof. Richard Moccia,
Room 139, Animal and Poultry Science Building,
Agriculture, Food and Rural Affairs do not assume any lia- University of Guelph, Guelph, Ontario N1G 2W1
bility for loss or other damage caused by the use of any infor- phone: (519) 824-4120 ext. 6216 fax: (519) 767-0573
mation contained in this publication. e-mail: rmoccia@uoguelph.ca

8 AQUACULTURE LEGISLATION IN ONTARIO