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Newfoundland & Labrador

LAW OF THE YEAR

Pesticides

In May, new pesticide regulations took effect, barring the use of five pesticides on lawns. To help residents, commercial properties, government buildings and institutions such as schools and hospitals comply, the government released a bulletin on the new regulations. 

OTHER NOTABLE REGULATORY CHANGES

Aquaculture

In June, the government proposed amendments to the Aquaculture Act. Highlights:

• New abandoned site reclamation rules
• Enhanced industry compliance and enforcement regulations
• More comprehensive definitions
• New ability for ministerial refusal of aquaculture licences if in the public interest
• Introduction of mandatory licensee compliance to aquatic animal health policies.

CASE OF THE YEAR

Delay in Retrieving Nets by Closing Date Was Reasonable Given Bad Weather

The government broadcast the closing date (June 8) for the turbot gillnet fishery over Coast Guard radio. A fisherman learned of this date on June 6. He set his nets on June 7. But because of bad weather, he wasn’t able to retrieve them and offload the turbot caught until June 10. He was charged with fishing during a closed season. The court explained that due diligence doesn’t require risking “life and limb” to comply with the law. The fisherman’s safety concerns delayed retrieval of the nets by the closing date, but these concerns were legitimate and reasonable given the weather. So the court concluded that he’d exercised due diligence [R. v. Saulter, [2011] CanLII 77634 (NL PC), Dec. 6, 2011].

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