Canadian appeal court upholds refusal of Discovery Islands salmon licences.
Canada’s Federal Court of Appeal has rejected an appeal by Mowi Canada West, confirming the federal government’s decision not to issue new aquaculture licences for open-net salmon farms in British Columbia’s Discovery Islands.
The court upheld a February 2023 decision by the federal fisheries minister to deny licence renewals for 11 Atlantic salmon sites in the area, finding that the decision met the standard of reasonableness under administrative law.
The Discovery Islands sit along a major migration corridor for wild Pacific salmon and have been the subject of heightened regulatory scrutiny for more than a decade. Federal authorities have argued that scientific uncertainty surrounding disease transfer and sea lice exposure justified a precautionary approach, even in the absence of conclusive causal findings.
In its ruling, the court found that the minister had adequately considered the available scientific evidence, Indigenous consultation, and federal policy objectives. It dismissed arguments that the licensing process was procedurally unfair or that the decision exceeded ministerial authority.
The decision reinforces Ottawa’s position that open-net salmon farming is not permitted in the Discovery Islands under current policy. It also closes a key legal avenue for producers seeking to regain access to the region.
For Mowi, the ruling confirms the loss of farming capacity in a politically sensitive part of British Columbia, underlining the regulatory risks facing salmon farming operations on Canada’s west coast as the federal government continues work on a broader transition framework for the sector.