Date: 20210702 Docket: T-129-21 T-127-21 T-128-21 T-132-21 Citation: 2021 FC 700

These included: - The assessment by the Introductions and Transfers Committee under section 56 of the Fishery (General) Regulations; - The policy as announced on December 17, 2020 on the intention to phase out aquaculture operations in the Discovery Islands by June 2022, with the exception that I have not considered the component of the policy that related to the intention to cease the transfer of. [...] When discussing the relief sought, Justice Pamel found that the objective of the motions in that case was to restrain the implementation of the Minister’s Decision (no new fish of any size to be introduced into the Discovery Islands facilities during the phase out period) only to the extent that it interfered with the issuance of those licences (at para 45). [...] Rather, they are only seeking an order suspending the operation of the Minister’s Decision in relation to three transfer licence applications, allowing those applications to be processed in accordance with the statutory scheme set out in the FGR and the Code without the fettering, as they claim, of the Minister’s discretion under section 56 of the FGR as a result of the Minister’s Decision. [...] In the Transfer Decision, the Minister explicitly states that she had considered her decision (Minister’s Decision) to phase out aquaculture operations in the Discovery Islands “with the exception that I have not considered the component of the policy that related to the intention to cease the transfer of fish into licenced aquaculture facilities in the Discovery Islands until then”. [...] The summary then describes the impact of the Mowi injunction on the Minister’s Decision (preventing the application of the component of the Minister’s Decision prohibiting the transfer of new fish).