Changes to modernize Ontario’s approach to licensing aquaculture

The Better for People, Smarter for Business Act, 2020, if passed, would enact several legislative amendments that support improving Ontario’s competitiveness, reducing unnecessary red tape and regulatory burden on business, without compromising safeguards that protect public health and wellbeing, safety and the environment.

Proposed changes to the Fish and Wildlife Conservation Act, 1997 and Ontario Regulation 664/98

Aquaculture is defined as the breeding or husbandry of fish. Aquaculture licences are currently issued for terms of five years and allow a holder to buy, transport, culture and sell fish under a single licence.

Under the Fish and Wildlife Conservation Act, 1997 (FWCA) and Ontario Regulation 664/98, a licence is required to engage in aquaculture in Ontario, unless otherwise exempt.

Aquaculture operations can range from:

• small community hatcheries
• fee-for-fishing businesses
• aquaponics facilities
• indoor industrial scale operations
• open water cage aquaculture

Currently, a number of licence exemptions exist for culturing fish in aquariums for personal use and public education or aquarium trade purposes, subject to criteria described in regulation.

The current regulatory framework governing aquaculture is not designed to address the range and risk associated with Ontario’s growing and diverse aquaculture operations. We are proposing to modernize and streamline the regulatory framework for Ontario’s aquaculture facilities through the following changes:

1. Making it easier and more cost effective for educational institutions and facilities to undertake aquaculture research by exempting certain low-risk research facilities culturing fish from requiring an aquaculture licence. The facilities would be required to meet criteria intended to maintain environmental protections and protect native fish populations
2. Establishing the ability to change FWCA licences and authorizations, including their conditions. This proposed change would enable greater flexibility to respond to the evolving needs of aquaculture operators, while ensuring that facilities are developed and conducted in an environmentally sustainable manner.
3. Changing decision-making power from Lieutenant Governor in Council to Minister on prescribing species of fish that may be cultured in Ontario. This proposed change would reduce approval timelines for industry and support facilities wishing to diversify and grow their operations more quickly.

Regulatory impact analysis

The anticipated environmental consequences of the proposals are expected to be neutral. The proposed licence exemption would only apply to low-risk research facilities that meet certain criteria and we will continue to ensure that aquaculture in Ontario is developed and conducted in an environmentally sustainable manner.

The anticipated social consequences of the proposals are expected to be neutral.

The anticipated economic consequences of the proposals are expected to be positive. The proposed licence exemption for low-risk research facilities will make it easier and more cost effective for educational institutions and facilities to undertake aquaculture research. The proposal to provide the ability to change FWCA authorizations and licences, including conditions, will enable greater flexibility to respond to evolving business needs and therefore provide an increased level of business certainty. The proposed change to reduce timelines to prescribe species of fish that may be cultured in Ontario will allow businesses to diversify and grow their operations more quickly.