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Canada — Quebec Act or statute

Canada — Quebec legislation

Act respecting commercial aquaculture, 2003

This section says the Act applies to certain aquaculture and fishing pond operations, and those activities must be carried out with due regard for public health and safety, the environment, and wildlife.

Source excerpt

administrative complianceappealsaquacultureaquaculture developmentaquaculture licensingaquaculture operationsaquaculture regulationaquaculture site restorationaquatic plantsauthorizationsbusiness premises displaycommercial fisheriescommercial fishingcompliance conditionscompliance dutiesconsultationcourt proceedingsexpense recoveryexperimentationfeesfinesfishing operationsfishing pondsframework revisiongovernment approvalinspection and complianceinspection dutiesinspection reportsinspectionsinspectorsliabilitylicence administrationlicence cancellationlicence conditionslicence renewallicence suspensionlicence termlicence transferlicences and authorizationslicensingministerial authorizationministerial disposalministerial enforcementoffencesoperational standardspenaltiesproperty forfeitureprosecuting partypublic administrationpublic consultationrecordkeepingregional developmentregulatory complianceremunerationrenewalreporting obligationsresearchseized propertyseizure and return of propertyseizure of propertyseizure or forfeiture recordssite dispositionsustainable developmenttransfer of propertyunclaimed property
Jurisdiction
Canada — Quebec
Structure
82 provisions
Official identity
Year 2003
Dates
Enacted 2003 · Source version 10 Jun 2026
More statute details
Dates
Enacted 2003 · Source version 10 Jun 2026
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01

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“This section says the Act applies to certain aquaculture and fishing pond operations, and those activities must be carried out with due regard for public health and safety, the environment, and wildlife.”

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02

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    Enacted 2003 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Section 1

This section says the Act applies to certain aquaculture and fishing pond operations, and those activities must be carried out with due regard for public health and safety, the environment, and wildlife.

Section 1

Section 21

If an aquaculture licence is cancelled or expires, the operator must restore the site to a condition satisfactory to the Minister at the operator’s expense.

Section 21

Section 42

The Government may make regulations about licences, fees, standards, inspections, exemptions, and which regulatory contraventions are offences.

Section 42

Section 62

62. (Amendment integrated into c. P-9.01, s. 19). 2003, c. 23, s. 62.

Section 62

Schedule

This schedule states that chapter 23 of the statutes of 2003 is repealed, except section 81.

Schedule

04

Source and current-law status

Source record view

Source record from www.legisquebec.gouv.qc.ca · Enacted 2003 · Source version 10 Jun 2026

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Showing 82 of 82 provisions

Provision 41Amendment 28Offence 12Repeal
§ 1Section 1Provision

Source excerpt

This section says the Act applies to certain aquaculture and fishing pond operations, and those activities must be carried out with due regard for public health and safety, the environment, and wildlife.

1. This Act applies to aquaculture carried on for commercial purposes and, in the waters in the domain of the State, to aquaculture carried on for research or experimentation purposes. It also applies to the operation of fishing ponds for commercial purposes. The activities must be carried out with due regard for public health and safety, the environment and wildlife. “Aquaculture” means the cultivation or raising of aquatic organisms, in particular fish, amphibians, echinoderms, shellfish, crustaceans or plants, except organisms cultivated or raised for aquarium fishkeeping purposes. “Fishing pond” means a body of water of a maximum area of 20 hectares, containing cultured fish exclusively, closed on all sides to hold the fish captive, and used for recreational fishing. For the purposes of this Act, “person” includes a partnership, an association and a body, unless the context indicates otherwise. 2003, c. 23, s. 1.
Section 1Verify source
§ 2Section 2Provision

Source excerpt

The Minister may establish regional or local aquaculture development frameworks to support orderly aquaculture growth in State waters.

2. The Minister may, in keeping with the principle of sustainable development, establish regional or local aquaculture development frameworks to facilitate the ordered growth of aquaculture in the waters in the domain of the State. The frameworks shall be developed and revised in consultation with the stakeholders concerned by the use of the waters of the State and their resources and with the regional or local communities. The frameworks shall indicate, for given geographic sectors, the sites best suited for aquaculture as well as, taking into account, among other things, the aquaculture zoning determined under the Act respecting the conservation and development of wildlife (chapter C‐61.1), the species and varieties of aquatic organisms and the practices and techniques to favour at those sites. The frameworks may also propose the development of infrastructures and services useful to aquaculturists. 2003, c. 23, s. 2.
Section 2Verify source
§ 3Section 3Amendment

Source excerpt

Aquaculture development frameworks and any revision must be submitted to the Government for approval, and the Government may amend them.

3. The aquaculture development frameworks and their revision must be submitted for approval to the Government which may amend them. 2003, c. 23, s. 3.
Section 3Verify source
§ 4Section 4Provision

Source excerpt

A person must not carry on commercial aquaculture activities or operate a fishing pond for commercial purposes unless the person holds a licence.

4. A person may not carry on commercial aquaculture activities or operate a fishing pond for commercial purposes unless the person holds a licence. 2003, c. 23, s. 4.
Section 4Verify source
§ 5Section 5Provision

Source excerpt

The Minister must issue an aquaculture licence or a fishing pond licence.

5. The Minister shall issue (1) an aquaculture licence; or (2) a fishing pond licence. The Minister shall issue one licence per aquaculture site or fishing pond but may issue a licence for more than one fishing pond if the ponds are located near each other. “Aquaculture site” means a determined geographic location on land or water where aquaculture activities are carried on. 2003, c. 23, s. 5.
Section 5Verify source
§ 6Section 6Provision

Source excerpt

A licence lasts 10 years and can be renewed for the same period.

6. A licence is valid for a period of 10 years and may be renewed for the same period. The Minister may, however, issue or renew a licence for a shorter period if the Minister considers it advisable. 2003, c. 23, s. 6.
Section 6Verify source
§ 7Section 7Provision

Source excerpt

A licence cannot be transferred without the Minister’s authorization.

7. No person may transfer a licence without the authorization of the Minister. In addition, the Minister may temporarily authorize a person other than the licence holder to act under the authority of the licence, in particular in the case of the death, liquidation of the property or bankruptcy of the licence holder, or in any other similar situation. The person to whom temporary authorization is granted must respect all the obligations of the licence holder under this Act and the regulations. 2003, c. 23, s. 7.
Section 7Verify source
§ 8Section 8Amendment

Source excerpt

The Minister must issue, amend, or renew a licence, or authorize its transfer, when the person meets the required conditions, pays the regulated fees, and provides any required authorization.

8. The Minister shall issue, amend or renew a licence, or authorize the transfer of a licence where a person (1) satisfies the conditions and pays the fees determined by regulation; and (2) furnishes, where required, the authorization provided for in section 22 of the Environment Quality Act (chapter Q‐2) or the authorization issued under section 128.7 of the Act respecting the conservation and development of wildlife (chapter C‐61.1). 2003, c. 23, s. 8; 2017, c. 4, s. 274.
Section 8Verify source
§ 9Section 9Amendment

Source excerpt

The Minister may attach conditions, restrictions, or prohibitions to a licence when it is issued, amended, renewed, or transferred.

9. The Minister may subject the issue, amendment, renewal or transfer of a licence to any other condition, restriction or prohibition the Minister determines and specifies in the licence. 2003, c. 23, s. 9.
Section 9Verify source
§ 10Section 10Amendment

Source excerpt

If the Minister receives an application for an aquaculture licence issue or amendment, the Minister may submit it to public consultation.

10. On receiving an application for the issue or amendment of an aquaculture licence, the Minister may submit the application to a public consultation on the terms and conditions and in the manner the Minister determines. 2003, c. 23, s. 10.
Section 10Verify source
§ 11Section 11Amendment

Source excerpt

The Minister may refuse to issue, amend, renew, or authorize transfer of an aquaculture licence for reasons of public interest, in accordance with section 47.

11. The Minister may, in accordance with section 47, refuse to issue, amend, renew or authorize the transfer of an aquaculture licence for reasons of public interest. 2003, c. 23, s. 11.
Section 11Verify source
§ 12Section 12Provision

Source excerpt

A licence holder must use prescribed books, registers and other documents for aquaculture activities, make them available to the Minister on request, and provide any requested information about those activities.

12. A licence holder must, in carrying on aquaculture activities, use the books, registers and other documents prescribed by regulation and make them available to the Minister on request. A licence holder must also, at the request of the Minister, provide any information relating to the aquaculture activities. 2003, c. 23, s. 12.
Section 12Verify source
§ 13Section 13Provision

Source excerpt

A licence holder must follow any standards the Government prescribes by regulation for aquaculture sites or fishing ponds.

13. A licence holder must comply with any standards that the Government may prescribe by regulation that relate to the operation of an aquaculture site or a fishing pond and that concern, in particular, (1) the construction, layout and equipment of an aquaculture site or a fishing pond; (2) the cultivation, raising and keeping in captivity of aquatic organisms and the transportation of live aquatic organisms intended for consumption; and (3) the quality of the operation and of the aquatic organisms cultivated, raised or kept in captivity. 2003, c. 23, s. 13.
Section 13Verify source
§ 14Section 14Provision

Source excerpt

A licence holder must pay the annual fees fixed by regulation.

14. A licence holder must pay the annual fees fixed by regulation. 2003, c. 23, s. 14.
Section 14Verify source
§ 15Section 15Provision

Source excerpt

A licence holder must provide the Minister with an annual report of activities and any other information or document prescribed by regulation.

15. A licence holder shall also provide the Minister with an annual report of activities and with any other information or document prescribed by regulation. 2003, c. 23, s. 15.
Section 15Verify source
§ 16Section 16Provision

Source excerpt

A licence holder must tell the Minister within 60 days if the name used to carry on activities changes, and may not change activities in a way that makes the information or documents given to the Minister inaccurate or incomplete unless the Minister authorizes it.

16. A licence holder may not, except with the authorization of the Minister, modify activities in such manner as to render the information and documents provided to the Minister inaccurate or incomplete. In addition, a licence holder must, within 60 days, inform the Minister of any change in the name under which the licence holder carries on activities. 2003, c. 23, s. 16.
Section 16Verify source
§ 17Section 17Provision

Source excerpt

A licence holder must display the licence or a duplicate in a clearly visible place at the business establishment, and must also display a duplicate or the licence number at the aquaculture site, fishing pond, or on equipment there.

17. A licence holder must display the licence or a duplicate of the licence so that it is clearly legible, in a conspicuous place in the holder’s business establishment. A licence holder must, in the same manner, display a duplicate or the number of the licence at the holder’s aquaculture site or fishing pond or on equipment at the site or pond. 2003, c. 23, s. 17.
Section 17Verify source
§ 18Section 18Provision

Source excerpt

A licence holder must promptly fix defects or deterioration in equipment or a facility that pose a risk to public health or safety, the environment, or wildlife.

18. A licence holder must as soon as practicable remedy any defect or deterioration in equipment or a facility that constitutes a risk to public health or safety, the environment or wildlife. If a licence holder fails to comply with the first paragraph, the Minister may take the necessary measures to remedy the defect or deterioration, at the holder’s expense. 2003, c. 23, s. 18.
Section 18Verify source
§ 19Section 19Provision

Source excerpt

An aquaculture-licence holder for an aquaculture site in State waters must hold a lease for aquaculture purposes under the Watercourses Act.

19. The holder of an aquaculture licence for an aquaculture site in the waters in the domain of the State must hold a lease for aquaculture purposes issued under the Watercourses Act (chapter R‐13). 2003, c. 23, s. 19.
Section 19Verify source
§ 20Section 20Provision

Source excerpt

The holder of an aquaculture licence for an aquaculture site in the domain of the State must comply with development and yield standards set by regulation.

20. The holder of an aquaculture licence for an aquaculture site in the domain of the State must comply with the development and yield standards established by regulation. 2003, c. 23, s. 20.
Section 20Verify source
§ 21Section 21Provision

Source excerpt

If an aquaculture licence is cancelled or expires, the operator must restore the site to a condition satisfactory to the Minister at the operator’s expense.

21. Every person operating an aquaculture site in the domain of the State whose aquaculture licence has been cancelled or has expired must return the site to a condition satisfactory to the Minister, at the person’s expense. In addition, every person operating an aquaculture site the initial area of which has been reduced must, at the person’s expense, return the unexploited portion to a condition satisfactory to the Minister. If a person fails to comply with the first or second paragraph, the Minister may take the necessary measures to return the site to a satisfactory condition, at the person’s expense. If a structure, equipment, an installation or any other object is abandoned at an aquaculture site, the Minister may dispose of such property in accordance with the rules of the Civil Code. This section does not operate to limit the powers of the Minister of Sustainable Development, Environment and Parks as regards management of waters in the domain of the State and environmental protection. 2003, c. 23, s. 21; 2006, c. 3, s. 35.
Section 21Verify source
§ 22Section 22Provision

Source excerpt

A person without an aquaculture licence may not do aquaculture research or experimentation in State waters unless the Minister authorizes it.

22. A person who does not hold an aquaculture licence may not engage in aquaculture for research or experimentation purposes in the waters in the domain of the State unless authorized to do so by the Minister. The holder of such an authorization must satisfy the conditions and comply with the restrictions or prohibitions determined by the Minister and specified in the authorization. 2003, c. 23, s. 22.
Section 22Verify source
§ 23Section 23Provision

Source excerpt

23. Sections 8, 10 to 18 and 21 apply, with the necessary modifications, to an authorization issued under this division. 2003, c. 23, s. 23.

23. Sections 8, 10 to 18 and 21 apply, with the necessary modifications, to an authorization issued under this division. 2003, c. 23, s. 23.
Section 23Verify source
§ 24Section 24Provision

Source excerpt

The Minister must keep a register of licence holders with the information specified in the licences.

24. The Minister shall keep a register of licence holders containing the information specified in the licences. The information contained in the register is public information. 2003, c. 23, s. 24.
Section 24Verify source
§ 25Section 25Provision

Source excerpt

Certain ministerial officials must exchange confidential industrial, financial, commercial, scientific, or technical information with three other ministers when it is needed to apply the Act and regulations or to prevent or protect against risks to public health or safety, the environment, or wildlife.

25. The Minister or the person designated by the Minister in his or her department shall transmit to the Minister of Sustainable Development, Environment and Parks, the Minister of Natural Resources and Wildlife, and the Minister of Health and Social Services, and shall receive from them, any confidential industrial, financial, commercial, scientific or technical information held by the Minister or furnished by a third person and necessary for the application of this Act and the regulations or for the prevention of a risk to public health or safety, the environment or wildlife, and for their protection. 2003, c. 23, s. 25; 2004, c. 11, s. 80; 2006, c. 3, s. 35; 2006, c. 22, s. 156.
Section 25Verify source
§ 26Section 26Provision

Source excerpt

26. The Minister or the person designated by the Minister in his or her department may transmit to the Minister of Fisheries and Oceans Canada, and receive from that Minister, any confidential industrial, financial, commercial, scientific

26. The Minister or the person designated by the Minister in his or her department may transmit to the Minister of Fisheries and Oceans Canada, and receive from that Minister, any confidential industrial, financial, commercial, scientific or technical information held by the Minister or furnished by a third person and necessary for the application of this Act and the regulations or for the prevention of a risk to public health or safety, the environment or wildlife, and for their protection. 2003, c. 23, s. 26; 2006, c. 22, s. 157.
Section 26Verify source
§ 27Section 27Provision

Source excerpt

The Minister may appoint the inspectors needed to carry out the Act and its regulations, and may set remuneration for those inspectors who are not paid under the Public Service Act.

27. The Minister may appoint the inspectors necessary for the carrying out of this Act and the regulations and may provide for the remuneration of such persons among them who are not remunerated according to the Public Service Act (chapter F‐3.1.1). 2003, c. 23, s. 27.
Section 27Verify source
§ 28Section 28Provision

Source excerpt

An inspector may exercise peace-officer powers while performing inspection duties, and must present identification and the Minister-signed certificate on request.

28. An inspector has, in the performance of inspection duties, the powers of a peace officer. An inspector must present identification on request and show the certificate bearing the signature of the Minister and attesting to the inspector’s capacity. 2003, c. 23, s. 28.
Section 28Verify source
§ 29Section 29Provision

Source excerpt

A person must not hinder or refuse to obey an inspector doing inspection duties, and a person being inspected must give the inspector all reasonable assistance.

29. No person may hinder or refuse to obey an inspector performing inspection duties. In addition, a person who is the subject of an inspection must give the inspector all reasonable assistance. 2003, c. 23, s. 29.
Section 29Verify source
§ 30Section 30Provision

Source excerpt

An inspector is exempt from prosecution for official acts done in good faith while performing inspection duties.

30. An inspector may not be prosecuted for any official act done in good faith in the performance of inspection duties. 2003, c. 23, s. 30.
Section 30Verify source
§ 31Section 31Provision

Source excerpt

An inspector may inspect certain licensed or noncompliant aquaculture-related places and related property, sample and photograph items, immobilize vehicles used to transport a product, and require production of relevant records.

31. An inspector may, in the performance of inspection duties, (1) enter, at any reasonable hour, the business establishment of and have access to the aquaculture site or fishing pond of a holder of a licence or authorization or of a person contravening section 4 or 22, and make an inspection thereof; (2) examine the premises and any equipment, installation, material, apparatus, product or any other property to which this Act or the regulations apply, take samples without charge and take photographs or make recordings; (3) order the immobilization of any vehicle used to transport a product, and make an inspection thereof; and (4) require any book, register, bill of lading or other document or record to be produced for examination or for the purpose of obtaining copies or extracts if the inspector has reasonable grounds to believe that it contains information relating to the application of this Act or the regulations. 2003, c. 23, s. 31.
Section 31Verify source
§ 32Section 32Offence

Source excerpt

An inspector may seize property during inspection duties if there are reasonable grounds to believe an offence under the Act or regulations was committed in relation to the property, or that it was used to commit such an offence.

32. An inspector may, in the performance of inspection duties, seize any product or other property if the inspector has reasonable grounds to believe that an offence against this Act or the regulations has been committed in respect of the property, or that the property was used to commit such an offence. An inspector who seizes property shall draw up minutes and give a copy to the person from whom the property was seized. 2003, c. 23, s. 32.
Section 32Verify source
§ 33Section 33Provision

Source excerpt

33. The owner or possessor of the property seized shall have custody of it. However, where the inspector considers it advisable, the inspector may designate another custodian, or transfer the property seized to other premises for

33. The owner or possessor of the property seized shall have custody of it. However, where the inspector considers it advisable, the inspector may designate another custodian, or transfer the property seized to other premises for safekeeping purposes. In addition, the custodian shall have custody of the property seized and submitted in evidence, unless the judge to whom it was submitted in evidence decides otherwise. The property seized shall remain under safekeeping until it is disposed of in accordance with any of sections 34 to 37, 39 and 40 or, if proceedings are instituted, until a judge disposes of the property by judgment. 2003, c. 23, s. 33.
Section 33Verify source
§ 34Section 34Provision

Source excerpt

If seized property is perishable or depreciates quickly, a judge may authorize its sale on the seizor’s application.

34. Where the property seized is perishable or likely to depreciate rapidly, a judge may, on the application of the seizor, authorize the sale of the property. Prior notice of not less than one clear day of the application must be served on the person from whom the property was seized and on persons claiming a right in the property. However, the judge may exempt the seizor from service if deterioration of the property is imminent. The sale shall be made on the conditions fixed by the judge. The proceeds of sale shall be deposited with the Bureau général de dépôts pour le Québec. 2003, c. 23, s. 34; 2016, c. 7, s. 183.
Section 34Verify source
§ 35Section 35Offence

Source excerpt

Seized property, or the proceeds of its sale, must be returned to the owner or possessor if 90 days pass without proceedings or if the inspector verifies within 90 days that no offence occurred or that the person has complied.

35. Property seized or the proceeds of its sale must be returned to the owner or person who had possession of the property if (1) 90 days have elapsed since the date of the seizure and no proceedings have been instituted; or (2) the inspector is of the opinion, after verification within 90 days, that no offence against this Act or the regulations has been committed, or that the owner or person who had possession of the property seized has complied with this Act and the regulations since the seizure. 2003, c. 23, s. 35.
Section 35Verify source
§ 36Section 36Provision

Source excerpt

The owner or prior possessor of seized property may apply to a judge for return of the property or sale proceeds, and the application must be served on the seizor or, if proceedings have started, the prosecuting party.

36. The owner or person who had possession of the property seized may at any time apply to a judge to obtain the return of the property or the proceeds of the sale thereof. The application must be served on the seizor or, if proceedings have been instituted, on the prosecuting party. The judge shall grant the application if he or she is satisfied that the applicant will suffer serious or irreparable damage if detention of the property seized or of the proceeds of its sale is maintained and that the return of the property or proceeds will not hinder the course of justice. 2003, c. 23, s. 36.
Section 36Verify source
§ 37Section 37Offence

Source excerpt

37. Notwithstanding section 36, where unlawful possession prevents property seized or the proceeds of its sale from being returned to the person from whom the property was seized or to a person claiming to be entitled thereto, the judge

37. Notwithstanding section 36, where unlawful possession prevents property seized or the proceeds of its sale from being returned to the person from whom the property was seized or to a person claiming to be entitled thereto, the judge shall, on the application of the seizor or the prosecuting party, order forfeiture of the property or the proceeds; if unlawful possession is not proved, the judge shall designate the person to whom the property or the proceeds may be returned. Prior notice of the application must be served on the person from whom the property was seized and on the other person entitled to make such an application, except where they are in the presence of the judge. Such prior notice may, where applicable, be given in the statement of offence and specify that the application for forfeiture is to be made at the time of the judgment. The Minister shall prescribe the manner in which the property forfeited is to be disposed of. 2003, c. 23, s. 37.
Section 37Verify source
§ 38Section 38Provision

Source excerpt

A judge may extend a detention period for up to 90 days on the seizor’s application, and may order service of the application on a person the judge designates before deciding it.

38. A judge may, on the application of the seizor, order that the period of detention be extended for a maximum of 90 days. Before deciding on the merit of the application, the judge may order that it be served on the person the judge designates. 2003, c. 23, s. 38.
Section 38Verify source
§ 39Section 39Offence

Source excerpt

After a seizure under section 32, a judge may order forfeiture of the seized property when there is a conviction, on the prosecuting party’s application.

39. Where a seizure is made under section 32, a judge may, upon pronouncing a conviction for an offence under a provision of this Act or the regulations, and on the application of the prosecuting party, declare the forfeiture of the seized property. In such a case, however, if aquatic organisms or products of aquatic organisms are among the seized property, the conviction entails forfeiture thereof. Prior notice of the application for forfeiture must be given by the prosecuting party to the person from whom the property was seized and to the defendant, except where they are in the presence of the judge. The Minister shall prescribe the manner in which the property forfeited is to be disposed of. 2003, c. 23, s. 39.
Section 39Verify source
§ 40Section 40Provision

Source excerpt

If seized property has an unknown or untraceable owner or possessor, it must be transferred after 90 days to the Minister of Revenue or the Bureau général de dépôts pour le Québec, and a statement about the property or sale proceeds must be sent to the Minister of Revenue at the time of transfer.

40. Where the rightful owner or possessor of property seized by an inspector is unknown or untraceable, the property or the proceeds of its sale shall be transferred 90 days after the day of seizure to the Minister of Revenue or to the Bureau général de dépôts pour le Québec, according to whether it is the property or the proceeds of sale that is involved; a statement describing the property or the proceeds of sale and indicating, where applicable, the name and last known address of the interested party shall be sent to the Minister of Revenue at the time of the transfer. The Unclaimed Property Act (chapter B-5.1) applies to the property or proceeds of sale so transferred to the Minister of Revenue or to the Bureau général de dépôts pour le Québec. 2003, c. 23, s. 40; 2005, c. 44, s. 54; 2011, c. 10, s. 98; 2016, c. 7, s. 183.
Section 40Verify source
§ 41Section 41Provision

Source excerpt

No person may, without the assent of an authorized person, sell or offer for sale seized or forfeited property, or remove or break related items or seals.

41. Subject to section 34, no person, except with the assent of an authorized person, may sell or offer for sale seized or forfeited property, or remove or allow such property, its container or the writ of seizure or forfeiture to be removed, or remove or break a seal affixed by an inspector. 2003, c. 23, s. 41.
Section 41Verify source
§ 42Section 42Amendment

Source excerpt

The Government may make regulations about licences, fees, standards, inspections, exemptions, and which regulatory contraventions are offences.

42. The Government may make regulations (1) determining subclasses of licences and the fees, conditions, restrictions or prohibitions relating to each subclass which a licence holder is required to pay, satisfy or comply with; (2) determining the conditions for the issue, amendment, renewal or transfer of a licence and the related fees and administrative charges; (3) determining the fees and administrative charges payable for the issue of an authorization; (4) determining the books, registers and other documents to be used by a licence holder in carrying on aquaculture activities; (5) prescribing standards that apply to the operation of an aquaculture site or a fishing pond and that concern, in particular, (a) the construction, layout and equipment of an aquaculture site or a fishing pond; (b) the cultivation, raising and keeping in captivity of aquatic organisms and the transportation of live aquatic organisms intended for consumption; and (c) the quality of the operation and of the aquatic organisms cultivated, raised or kept in captivity; (6) determining the annual fees to be paid by a licence holder; (7) determining the reports, information and documents to be provided annually by a licence holder; (8) establishing development and yield standards for aquaculture sites in the domain of the State; (9) prescribing rules relating to inspection, sample taking, seizure and forfeiture; (10) exempting, on the conditions it may fix, a class of persons, products, aquatic organisms, establishments, activities or places it determines from the application of all or part of this Act and the regulations; and (11) determining, from among the provisions of a regulation made pursuant to this Act, those the contravention of which constitutes an offence. 2003, c. 23, s. 42.
Section 42Verify source
§ 43Section 43Offence

Source excerpt

The Minister may suspend, cancel, or refuse to renew a licence, and may refuse to authorize a licence transfer, if the holder meets specified adverse conditions.

43. The Minister may suspend, cancel or refuse to renew the licence of a holder who or that (1) has been convicted of an offence under this Act or the regulations, unless the holder has obtained a pardon; (2) no longer satisfies the conditions for obtaining a licence or no longer holds the authorization required under paragraph 2 of section 8; (3) does not satisfy a condition or comply with a restriction or prohibition specified in the licence; (4) does not satisfy the requirements set out in section 14, 15, 16, 18 or 19; (5) repeatedly fails to comply with a provision of this Act or a regulation made under this Act; or (6) has ceased operations permanently or for 12 or more consecutive months. The Minister may also refuse to authorize a licence holder to transfer a licence to any person referred to in subparagraph 1 of the first paragraph. In addition, the Minister may suspend, cancel or refuse to renew the licence of a holder who or that refuses to take a measure prescribed in an order issued under Division II of Chapter IV.1 of the Act respecting the conservation and development of wildlife (chapter C-61.1), Division I of the Animal Health Protection Act (chapter P-42), Chapter IV or Chapter V of the Crop Health Protection Act (chapter P-42.1) or Division I of Chapter VI of Title I of the Environment Quality Act (chapter Q-2). 2003, c. 23, s. 43; 2008, c. 16, s. 46; 2017, c. 4, s. 239; I.N. 2020-02-01.
Section 43Verify source
§ 44Section 44Amendment

Source excerpt

The Minister may amend, suspend, cancel, or refuse to renew an aquaculture licence if the licence holder does not comply with the prescribed development and yield standards.

44. The Minister may amend, suspend, cancel or refuse to renew an aquaculture licence for an aquaculture site in the domain of the State if the licence holder does not operate the site in compliance with the development and yield standards established by regulation. 2003, c. 23, s. 44.
Section 44Verify source
§ 45Section 45Provision

Source excerpt

The Minister may revoke a holder’s authorization to carry on research and experimentation in the waters in the domain of the State if the holder does not meet the authorization’s conditions or comply with its restrictions or prohibitions.

45. The Minister may revoke the authorization of a holder to carry on research and experimentation in the waters in the domain of the State if the holder fails to satisfy the conditions or comply with the restrictions or prohibitions specified in the authorization. 2003, c. 23, s. 45.
Section 45Verify source
§ 46Section 46Amendment

Source excerpt

The Minister may amend, suspend or cancel a licence, or revoke an authorization, for reasons of public interest.

46. The Minister may amend, suspend or cancel a licence or revoke an authorization for reasons of public interest. 2003, c. 23, s. 46.
Section 46Verify source
§ 47Section 47Amendment

Source excerpt

Before certain licence or authorization decisions, the Minister must give the holder written notice and at least 10 days to present observations, and must later give a written decision with reasons to affected persons.

47. Before amending, suspending, cancelling or refusing to issue, amend, renew or transfer a licence, or before refusing to issue or revoking an authorization, the Minister shall notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3) and grant the holder at least 10 days to present observations. The Minister shall also give notice of his or her decision in writing, with the reasons on which it is based, to any person whose licence the Minister amends, suspends, cancels, refuses to issue, amend, renew or transfer or whose authorization the Minister refuses to issue or revokes. 2003, c. 23, s. 47.
Section 47Verify source
§ 48Section 48Amendment

Source excerpt

48. Any person whose application for a licence or authorization is refused, whose licence is amended, suspended, cancelled or not amended, renewed or transferred, or whose authorization is revoked may contest the decision of the Minister

48. Any person whose application for a licence or authorization is refused, whose licence is amended, suspended, cancelled or not amended, renewed or transferred, or whose authorization is revoked may contest the decision of the Minister before the Administrative Tribunal of Québec within 30 days of notification of the decision. 2003, c. 23, s. 48.
Section 48Verify source
§ 49Section 49Offence

Source excerpt

A person who contravenes specified sections or certain regulations commits an offence and faces a fine; higher fines apply to repeat offences, and even higher fines apply if a section 13 offence creates risk to public health or safety, the environment, or wildlife.

49. Every person who contravenes section 13 or 14, the second paragraph of section 16 or section 17, or a provision of a regulation the contravention of which constitutes an offence under paragraph 11 of section 42, is guilty of an offence and is liable to a fine of $250 to $750 and, in the case of a second or subsequent offence, to a fine of $750 to $2,500. Where a person is found guilty of an offence under section 13 and the offence entails a risk to public health or safety, the environment or wildlife, the amount of the fine is $2,000 to $6,000 and, in the case of a second or subsequent offence, $6,000 to $18,000. 2003, c. 23, s. 49.
Section 49Verify source
§ 50Section 50Offence

Source excerpt

A person who contravenes the first paragraph of section 7 or section 12, 15 or 19 commits an offence and is liable to a fine.

50. Every person who contravenes the first paragraph of section 7 or section 12, 15 or 19 is guilty of an offence and is liable to a fine of $500 to $1,500 and, in the case of a second or subsequent offence, to a fine of $1,500 to $4,500. 2003, c. 23, s. 50.
Section 50Verify source
§ 51Section 51Offence

Source excerpt

Violating specified sections or licence/authorization terms is an offence, punishable by fines that increase for second or subsequent offences.

51. Every person who contravenes section 4, 20, 22, 29, 33 or 41, or who does not comply with a condition, restriction or prohibition specified in the person’s licence or authorization, is guilty of an offence and is liable to a fine of $1,000 to $3,000 and, in the case of a second or subsequent offence, to a fine of $3,000 to $9,000. In addition, every person who carries on an activity referred to in section 4 or 22 after the person’s licence has been suspended or cancelled or an authorization has been revoked pursuant to any of sections 43 to 46 is guilty of an offence and is liable to a fine of $2,000 to $6,000 and, in the case of a second or subsequent offence, to a fine of $6,000 to $18,000. 2003, c. 23, s. 51.
Section 51Verify source
§ 52Section 52Offence

Source excerpt

A person who breaches the first paragraph of section 16, section 18, or section 21 commits an offence and may be fined.

52. Every person who contravenes the first paragraph of section 16, section 18 or section 21 is guilty of an offence and is liable to a fine of $2,000 to $6,000 and, in the case of a second or subsequent offence, to a fine of $6,000 to $18,000. 2003, c. 23, s. 52.
Section 52Verify source
§ 53Section 53Offence

Source excerpt

If a legal person or similar body commits an offence, a director, officer, employee, partner, or mandatary who directed, authorized, advised, or consented to it is treated as a party to the offence and is liable to the prescribed penalty.

53. Where a legal person, partnership, association or body commits an offence against this Act or any of its regulations, the director, officer, employee, partner or mandatary of the legal person, partnership, association or body who directed, authorized or advised the commission of the offence or consented to it is a party to the offence and is liable to the penalty prescribed for the offence. 2003, c. 23, s. 53.
Section 53Verify source
§ 54Section 54Offence

Source excerpt

A person who knowingly helps, advises, encourages, or incites an offence under sections 49 to 52 is treated as a party to that offence and is liable to the same prescribed penalty.

54. Every person who knowingly, by any act or omission, aids another person to commit an offence under any of sections 49 to 52 or who advises, encourages or incites a person to commit an offence is a party to the offence and is liable to the penalty prescribed for the offence. 2003, c. 23, s. 54.
Section 54Verify source
§ 55Section 55Offence

Source excerpt

In proceedings for an offence under this chapter, certain inspector-signed inspection, analysis, sampling, seizure, or forfeiture records are proof of their contents unless contradicted.

55. In proceedings instituted for an offence under this chapter, the inspection, analysis or sampling report and the minutes of the seizure or forfeiture, signed by an inspector, are proof of their contents, unless there is evidence to the contrary, and no proof of the signature or of the quality of the signatory is required if the person certifies in the inspection, analysis or sampling report that he or she personally observed the facts stated therein. 2003, c. 23, s. 55.
Section 55Verify source
§ 56Section 56Amendment

Source excerpt

This section states that an amendment was integrated into c. P-9.01, title of the Act.

56. (Amendment integrated into c. P-9.01, title of the Act). 2003, c. 23, s. 56.
Section 56Verify source
§ 57Section 57Amendment

Source excerpt

This section notes that an amendment was integrated into the heading of Chapter II of c. P-9.01.

57. (Amendment integrated into c. P-9.01, heading of Chapter II). 2003, c. 23, s. 57.
Section 57Verify source
§ 58Section 58Provision

Source excerpt

58. (Omitted). 2003, c. 23, s. 58.

58. (Omitted). 2003, c. 23, s. 58.
Section 58Verify source
§ 59Section 59Amendment

Source excerpt

59. (Amendment integrated into c. P-9.01, s. 13). 2003, c. 23, s. 59.

59. (Amendment integrated into c. P-9.01, s. 13). 2003, c. 23, s. 59.
Section 59Verify source
§ 60Section 60Amendment

Source excerpt

This section states that the amendment has been integrated into c. P-9.01, section 14.

60. (Amendment integrated into c. P-9.01, s. 14). 2003, c. 23, s. 60.
Section 60Verify source
§ 61Section 61Provision

Source excerpt

61. (Omitted). 2003, c. 23, s. 61.

61. (Omitted). 2003, c. 23, s. 61.
Section 61Verify source
§ 62Section 62Amendment

Source excerpt

62. (Amendment integrated into c. P-9.01, s. 19). 2003, c. 23, s. 62.

62. (Amendment integrated into c. P-9.01, s. 19). 2003, c. 23, s. 62.
Section 62Verify source
§ 63Section 63Amendment

Source excerpt

This section is an amendment note stating that the amendment was integrated into c. P-9.01, section 49, and that the source reference is 2003, c. 23, section 63.

63. (Amendment integrated into c. P-9.01, s. 49). 2003, c. 23, s. 63.
Section 63Verify source
§ 64Section 64Amendment

Source excerpt

64. (Amendment integrated into c. P-9.01, s. 51). 2003, c. 23, s. 64.

64. (Amendment integrated into c. P-9.01, s. 51). 2003, c. 23, s. 64.
Section 64Verify source
§ 65Section 65Amendment

Source excerpt

65. (Amendment integrated into c. P-9.01, s. 52). 2003, c. 23, s. 65.

65. (Amendment integrated into c. P-9.01, s. 52). 2003, c. 23, s. 65.
Section 65Verify source
§ 66Section 66Amendment

Source excerpt

66. (Amendment integrated into c. C-61.1, s. 1). 2003, c. 23, s. 66.

66. (Amendment integrated into c. C-61.1, s. 1). 2003, c. 23, s. 66.
Section 66Verify source
§ 67Section 67Amendment

Source excerpt

This section states that the amendment was integrated into c. C-61.1, s. 51.

67. (Amendment integrated into c. C-61.1, s. 51). 2003, c. 23, s. 67.
Section 67Verify source
§ 68Section 68Amendment

Source excerpt

This section states that an amendment was integrated into c. C-61.1, section 73, and gives the source reference to 2003, chapter 23, section 68.

68. (Amendment integrated into c. C-61.1, s. 73). 2003, c. 23, s. 68.
Section 68Verify source
§ 69Section 69Amendment

Source excerpt

This section notes that the amendment was integrated into c. C-61.1, s. 74.

69. (Amendment integrated into c. C-61.1, s. 74). 2003, c. 23, s. 69.
Section 69Verify source
§ 70Section 70Amendment

Source excerpt

This section states that the amendment has been integrated into c. C-61.1, section 84.2.

70. (Amendment integrated into c. C-61.1, s. 84.2). 2003, c. 23, s. 70.
Section 70Verify source
§ 71Section 71Amendment

Source excerpt

This section records that an amendment was integrated into c. F-1.3, s. 6.1.

71. (Amendment integrated into c. F-1.3, s. 6.1). 2003, c. 23, s. 71.
Section 71Verify source
§ 72Section 72Amendment

Source excerpt

72. (Amendment integrated into c. J-3, Schedule IV). 2003, c. 23, s. 72.

72. (Amendment integrated into c. J-3, Schedule IV). 2003, c. 23, s. 72.
Section 72Verify source
§ 73Section 73Amendment

Source excerpt

73. (Amendment integrated into c. M-35.1, s. 44). 2003, c. 23, s. 73.

73. (Amendment integrated into c. M-35.1, s. 44). 2003, c. 23, s. 73.
Section 73Verify source
§ 74Section 74Amendment

Source excerpt

This section only notes that an amendment was integrated into c. P-28, s. 1, and gives a citation to 2003, c. 23, s. 74.

74. (Amendment integrated into c. P-28, s. 1). 2003, c. 23, s. 74.
Section 74Verify source
§ 75Section 75Amendment

Source excerpt

75. (Amendment integrated into c. P-42, s. 2). 2003, c. 23, s. 75.

75. (Amendment integrated into c. P-42, s. 2). 2003, c. 23, s. 75.
Section 75Verify source
§ 76Section 76Provision

Source excerpt

76. In the Regulation respecting the signing of certain permits of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (Order in Council 1541-95 dated 29 November 1995), a reference to the Act respecting commercial fisheries

76. In the Regulation respecting the signing of certain permits of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (Order in Council 1541-95 dated 29 November 1995), a reference to the Act respecting commercial fisheries and aquaculture (chapter P-9.01) becomes a reference to the Act respecting commercial aquaculture (chapter A-20.2) and to the Act respecting commercial fishing and commercial harvesting of aquatic plants (chapter P-9.01). 2003, c. 23, s. 76.
Section 76Verify source
§ 77Section 77Provision

Source excerpt

This section updates statutory references to the former commercial fisheries and aquaculture Act in specified legal instruments.

77. Unless the context indicates otherwise and having regard to the necessary modifications, in every Act and in every by-law, regulation, order in council or other statutory instrument, (1) a reference to any of sections 1 to 11 of the Act respecting commercial fisheries and aquaculture (chapter P-9.01) becomes a reference to any of sections 1 to 11 of the Act respecting commercial fishing and commercial harvesting of aquatic plants (chapter P-9.01); (2) a reference to the Act respecting commercial fisheries and aquaculture or to any of its provisions other than the provisions referred to in paragraph 1 becomes a reference to the Act respecting commercial aquaculture (chapter A-20.2) or to the corresponding provision of that Act. 2003, c. 23, s. 77.
Section 77Verify source
§ 78Section 78Provision

Source excerpt

These licences stay valid for one year from 1 September 2004.

78. Licences for the operation of a fish-breeding plant or a fishing pond or for the cultivation of aquatic plants issued under the Act respecting commercial fisheries and aquaculture (chapter P‐9.01) remain valid for one year as of 1 September 2004. 2003, c. 23, s. 78.
Section 78Verify source
§ 79Section 79Provision

Source excerpt

A regulation made under the earlier fisheries and aquaculture Act stays in force until a regulation under one of the later listed Acts replaces or revokes it.

79. A regulation made under the Act respecting commercial fisheries and aquaculture (chapter P-9.01) remains in force until it is replaced or revoked by a regulation made under the Act respecting commercial aquaculture (chapter A-20.2) or the Act respecting commercial fishing and commercial harvesting of aquatic plants (chapter P-9.01). 2003, c. 23, s. 79.
Section 79Verify source
§ 80Section 80Provision

Source excerpt

The Minister of Agriculture, Fisheries and Food is responsible for administering this Act.

80. The Minister of Agriculture, Fisheries and Food is responsible for the administration of this Act. 2003, c. 23, s. 80.
Section 80Verify source
§ 81Section 81Provision

Source excerpt

81. (Omitted). 2003, c. 23, s. 81.

81. (Omitted). 2003, c. 23, s. 81.
Section 81Verify source
§ —ScheduleRepeal

Source excerpt

This schedule states that chapter 23 of the statutes of 2003 is repealed, except section 81.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 23 of the statutes of 2003, in force on 1 March 2005, is repealed, except section 81, effective from the coming into force of chapter A-20.2 of the Revised Statutes.
ScheduleVerify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

  • Chapter IV.1 of the Act

    Section 43

  • Civil Code

    Section 21

  • Environment Quality Act

    Section 8

N–S

2 instruments

  • Revenue at the time of the transfer. The Unclaimed Property Act

    Section 40

  • State must hold a lease for aquaculture purposes issued under the Watercourses Act

    Section 19

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  • 10 Jun 2026 · currentEnglish

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