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Fisheries Act (R.S.C., 1985, c. F-14)

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 1992, c. 47, s. 84 (Sch., s. 3)

    • 1991, c. 1, s. 24

      3 The heading preceding section 79.7 and section 79.7 are repealed.

  • — 2013, c. 25, s. 21

    • 21 Subsection 5(4) of the Fisheries Act is amended by striking out “or” at the end of paragraph (b), by adding “or’’ at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) Yale First Nation laws, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act, made under Chapter 8 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act.

  • — 2019, c. 14, s. 1

    • 2012, c. 19, s. 133(3), c. 31, s. 175
      • 1 (1) The definitions commercial, Indigenous and recreational in subsection 2(1) of the Fisheries Act are repealed.

      • (2) to (4) [In force]

      • 2012, c. 19, s. 133(3)

        (5) The definition fish habitat in subsection 2(1) of the Act is replaced by the following:

        fish habitat

        fish habitat means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas; (habitat)

      • (6) to (9) [In force]

      • 2012, c. 19, s. 133(4)

        (10) Subsection 2(2) of the Act is repealed.

  • — 2019, c. 14, s. 8

    • 2012, c.19, s. 135

      8 Section 6 of the Act and the heading before it are repealed.

  • — 2019, c. 14, s. 13

    • 2012, c. 19, s. 136, c. 31, s.176

      13 Section 20 of the Act and the heading before it are replaced by the following:

      Prevention of the Escape of Fish

  • — 2019, c. 14, s. 19

    • 2012, c. 19, s. 140

      19 The heading before section 34 of the Act is replaced by the following:

      Fish and Fish Habitat Protection and Pollution Prevention

  • — 2019, c. 14, s. 20

      • 20 (1) The portion of subsection 34(1) of the Act before the first definition is replaced by the following:

        • Definitions
          • 34 (1) The following definitions apply in this section and sections 34.1 to 42.5.

      • (2) Subsection 34(1) of the Act is amended by adding the following in alphabetical order:

        designated project

        designated project means a project that is designated by regulations made under paragraph 43(1)(i.5) or that belongs to a class of projects that is designated by those regulations and that consists of works, undertakings or activities, including any works, undertakings or activities that the Minister designates to be associated with the project; (projet désigné)

        ecologically significant area

        ecologically significant area means an area designated by regulations made under subsection 35.2(2); (zone d’importance écologique)

      • (3) Section 34 of the Act is amended by adding the following after subsection (2):

        • Application — Designated project

          (3) Any provision of this Act that applies to works, undertakings or activities also applies to the works, undertakings or activities of a designated project, except paragraphs 34.4(2)(a) to (c) and (e) and 35(2)(a) to (c) and (e).

  • — 2019, c. 14, s. 21

    • 21 The Act is amended by adding the following after section 34:

      • Factors
        • 34.1 (1) Before recommending to the Governor in Council that a regulation be made in respect of section 34.4, 35 or 35.1 or under subsection 35.2(10), 36(5) or (5.1), paragraph 43(1)(b.2) or subsection 43(5) or before exercising any power under subsection 34.3(2), (3) or (7), paragraph 34.4(2)(b) or (c), subsection 34.4(4), paragraph 35(2)(b) or (c) or subsection 35(4), 35.1(3), 35.2(7) or 36(5.2), or under subsection 37(2) with regard to an offence under subsection 40(1), the Minister, prescribed person or prescribed entity, as the case may be, shall consider the following factors:

          • (a) the contribution to the productivity of relevant fisheries by the fish or fish habitat that is likely to be affected;

          • (b) fisheries management objectives;

          • (c) whether there are measures and standards

            • (i) to avoid the death of fish or to mitigate the extent of their death or offset their death, or

            • (ii) to avoid, mitigate or offset the harmful alteration, disruption or destruction of fish habitat;

          • (d) the cumulative effects of the carrying on of the work, undertaking or activity referred to in a recommendation or an exercise of power, in combination with other works, undertakings or activities that have been or are being carried on, on fish and fish habitat;

          • (e) any fish habitat banks, as defined in section 42.01, that may be affected;

          • (f) whether any measures and standards to offset the harmful alteration, disruption or destruction of fish habitat give priority to the restoration of degraded fish habitat;

          • (g) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister; and

          • (h) any other factor that the Minister considers relevant.

        • Application of subsection (1)

          (2) The obligation to consider the factors set out in subsection (1) applies only to the recommendations and powers that continue to be made or exercised by the Minister after an order is made under subsection 43.2(1) that sets out the powers, duties or functions that the designated minister may exercise or perform.

      • Standards and codes of practice
        • 34.2 (1) The Minister may establish standards and codes of practice for

          • (a) the avoidance of death to fish and harmful alteration, disruption or destruction of fish habitat;

          • (b) the conservation and protection of fish or fish habitat; and

          • (c) the prevention of pollution.

        • Content

          (2) The standards and codes of practice may specify procedures, practices or standards in relation to works, undertakings and activities during any phase of their construction, operation, modification, decommissioning or abandonment.

        • Consultation

          (3) Before establishing any standards and codes of practice, the Minister may consult with any provincial government, any Indigenous governing body, any government department or agency or any persons interested in the protection of fish or fish habitat and the prevention of pollution.

        • Publication

          (4) The Minister shall publish any standards and codes of practice established under this section, or give notice of them, in the Canada Gazette and he or she may also do so in any other manner that he or she considers appropriate.

      • Studies, etc. — management or control of obstruction
        • 34.3 (1) If the Minister considers that doing so is necessary to ensure the free passage of fish or the protection of fish or fish habitat, the owner or person who has the charge, management or control of an obstruction or any other thing that is detrimental to fish or fish habitat shall, on the Minister’s request and within the period specified by him or her, conduct studies, analyses, samplings and evaluations, and provide the Minister with any document and other information relating to them, to the obstruction or thing or to the fish or fish habitat that is or is likely to be affected by the obstruction or thing.

        • Minister’s order

          (2) If the Minister considers that doing so is necessary to ensure the free passage of fish or the protection of fish or fish habitat, the owner or person who has the charge, management or control of an obstruction or any other thing that is detrimental to fish or fish habitat shall, on the Minister’s order, within the period specified by him or her and in accordance with any of his or her specifications,

          • (a) remove the obstruction or thing;

          • (b) construct a fishway;

          • (c) implement a system of catching fish before the obstruction or thing, transporting them beyond it and releasing them back into the water;

          • (d) install a fish stop or a diverter;

          • (e) install a fish guard, a screen, a covering, netting or any other device to prevent the passage of fish into any water intake, ditch, channel or canal;

          • (f) maintain the flow of water necessary to permit the free passage of fish; or

          • (g) maintain at all times the characteristics of the water and the water flow downstream of the obstruction or thing that are sufficient for the conservation and protection of the fish and fish habitat.

        • Modification, repair and maintenance

          (3) On the Minister’s order, the owner or person referred to in subsection (2) shall

          • (a) make any provision that the Minister considers necessary for the free passage of fish or the protection of fish or fish habitat during the carrying on of any activity mentioned in that subsection;

          • (b) operate and maintain anything referred to in that subsection in a good and effective condition and in accordance with any specifications of the Minister; and

          • (c) modify or repair it in accordance with any specifications of the Minister.

        • Obstruction of free passage of fish

          (4) No person shall

          • (a) damage or obstruct any fishway constructed or used to enable fish to pass over or around any obstruction;

          • (b) damage or obstruct any fishway, fish stop or diverter constructed or installed on the Minister’s order;

          • (c) stop, impede or hinder fish from entering or passing through any fishway, or stop, impede or hinder fish from surmounting any obstruction or leap;

          • (d) damage, remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s order; or

          • (e) fish in any manner within 23 m downstream from the lower entrance to any fishway, obstruction or leap.

        • Exception — removal for repairs

          (5) Despite paragraph (4)(d), a person may remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s order if the removal is required for modification, repair or maintenance.

        • Statutory Instruments Act

          (6) Orders made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

        • Regulations

          (7) The Minister may make regulations respecting the flow of water that is to be maintained to ensure the free passage of fish or the protection of fish or fish habitat.

      • Death of fish
        • 34.4 (1) No person shall carry on any work, undertaking or activity, other than fishing, that results in the death of fish.

        • Exception

          (2) A person may carry on a work, undertaking or activity without contravening subsection (1) if

          • (a) the work, undertaking or activity is a prescribed work, undertaking or activity or belongs to a prescribed class of works, undertakings or activities, as the case may be, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

          • (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by the Minister;

          • (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with the conditions set out in the authorization;

          • (d) the death results from the doing of anything that is authorized, permitted or required under this Act;

          • (e) the work, undertaking or activity is carried on in accordance with the regulations;

          • (f) the work, undertaking or activity is carried on in accordance with a permit issued under subsection 35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or

          • (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.2(10)(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.2(7).

        • Other conditions

          (3) The prescribed person or prescribed entity referred to in paragraph (2)(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances.

        • Regulations

          (4) The Minister may, for the purposes of paragraph (2)(a) and subject to paragraph 43(1)(i.1), make regulations prescribing anything that is authorized to be prescribed.

        • Amendment, suspension or cancellation — paragraph (2)(b)

          (5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)(b).

        • Amendment, suspension or cancellation — paragraph (2)(c)

          (6) A prescribed person or prescribed entity referred to in paragraph (2)(c) may amend, suspend or cancel an authorization issued under that paragraph.

  • — 2019, c. 14, s. 22

    • 2012, c. 19, s. 142(2)
      • 22 (1) Subsection 35(1) of the Act is replaced by the following:

        • Harmful alteration, disruption or destruction of fish habitat
          • 35 (1) No person shall carry on any work, undertaking or activity that results in the harmful alteration, disruption or destruction of fish habitat.

      • 2012, c. 19, s. 142(1)

        (2) Paragraph 35(2)(a) of the Act is replaced by the following:

        • (a) the work, undertaking or activity is a prescribed work, undertaking or activity or belongs to a prescribed class of works, undertakings or activities, as the case may be, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

      • 2012, c. 19, ss. 142(1) and (3)

        (3) Paragraphs 35(2)(c) and (d) of the Act are replaced by the following:

        • (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with the conditions set out in the authorization;

        • (d) the harmful alteration, disruption or destruction results from the doing of anything that is authorized, permitted or required under this Act;

      • (4) Subsection 35(2) of the Act is amended by adding the following after paragraph (e):

        • (f) the work, undertaking or activity is carried on in accordance with a permit issued under subsection 35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or

        • (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.2(10)(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and is carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.2(7).

      • 2012, c. 19, s. 142(4)

        (5) Subsections 35(3) and (4) of the Act are replaced by the following:

        • Other conditions

          (3) The prescribed person or prescribed entity referred to in paragraph (2)(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances.

        • Regulations

          (4) The Minister may, for the purposes of paragraph (2)(a) and subject to paragraph 43(1)(i.1), make regulations prescribing anything that is authorized to be prescribed.

        • Amendment, suspension or cancellation — paragraph (2)(b)

          (5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)(b).

        • Amendment, suspension or cancellation — paragraph (2)(c)

          (6) A prescribed person or prescribed entity referred to in paragraph (2)(c) may amend, suspend or cancel an authorization issued under that paragraph.

  • — 2019, c. 14, s. 23

    • 23 The Act is amended by adding the following after section 35:

      • Designated project
        • 35.1 (1) The Minister may designate, as a work, undertaking or activity that is associated with a designated project, any work, undertaking or activity that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

        • Work, undertaking or activity designated by Minister

          (2) The Minister shall designate any work, undertaking or activity that is part of a designated project and that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

        • Issuance of permit

          (3) The Minister may issue a permit to carry on any work, undertaking or activity designated under subsection (2) and attach any conditions to it.

        • Prohibition

          (4) No person shall carry on any work, undertaking or activity that is designated under subsection (2) except in accordance with a permit issued under subsection (3).

        • Amendment, suspension or cancellation

          (5) The Minister may amend, suspend or cancel a permit issued under subsection (3).

      • Ecologically significant area
        • 35.2 (1) No person shall carry on a work, undertaking or activity prescribed under paragraph (10)(a) or that belongs to a prescribed class under that paragraph, in an ecologically significant area except in accordance with an authorization issued under subsection (7).

        • Designation — ecologically significant area

          (2) The Governor in Council may, on the recommendation of the Minister, make regulations designating ecologically significant areas.

        • Requirement to provide information

          (3) Any person who proposes to carry on a work, undertaking or activity referred to in subsection (1) in an ecologically significant area shall provide the Minister with any document and other information that is required by regulation in respect of the prescribed work, undertaking or activity, or the water, place, fish or fish habitat that is likely to be affected by the prescribed work, undertaking or activity.

        • Request for additional information

          (4) Regulations made for the purpose of subsection (3) do not prevent the Minister from requesting additional information that he or she considers necessary in the circumstances.

        • Compliance with request

          (5) Every person who is required to provide any additional information must provide it within the time and in the manner that the Minister specifies.

        • Extension of time

          (6) The Minister may, on request in writing from any person who is required to provide any additional information, extend the specified time.

        • Powers of Minister

          (7) If the Minister is satisfied, after having reviewed any document and other information provided under subsection (3) or (4), that avoidance and mitigation measures may be implemented to achieve the prescribed objectives for the conservation and protection of fish and fish habitat, he or she may authorize, subject to the regulations made under subsection (10), the carrying on of the work, undertaking or activity referred to in subsection (1) in an ecologically significant area, on any conditions that he or she considers appropriate.

        • Amendment, suspension or cancellation — authorization

          (8) The Minister may amend, suspend or cancel an authorization issued under subsection (7).

        • Fish habitat restoration plan

          (9) The Minister shall, as soon as feasible, prepare a fish habitat restoration plan for an ecologically significant area, if he or she is of the opinion that fish habitat restoration in that ecologically significant area is required in order to meet any prescribed objectives for the conservation and protection of fish and fish habitat.

        • Regulations

          (10) The Governor in Council may, on the Minister’s recommendation, make regulations

          • (a) prescribing works, undertakings or activities or classes of works, undertakings or activities, for the purposes of this section;

          • (b) respecting any document or other information that is required to be provided under subsection (3), including the manner in which and the time within which it is to be provided;

          • (c) respecting the objectives for the conservation and protection of fish and fish habitat in an ecologically significant area;

          • (d) prescribing works, undertakings or activities or classes of works, undertakings or activities that the Minister shall not authorize under paragraphs 34.4(2)(b) and 35(2)(b) to be carried on in an ecologically significant area;

          • (e) prescribing conditions under which and requirements subject to which the Minister may issue an authorization under subsection (7);

          • (f) respecting the manner and circumstances relating to the amendment, suspension or cancellation of an authorization referred to in subsection (7); and

          • (g) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection (7).

  • — 2019, c. 14, s. 24

    • 2012, c. 19, s. 144(2)
      • 24 (1) The portion of subsection 37(1) of the Act before paragraph (b) is replaced by the following:

        • Minister may require plans and specifications
          • 37 (1) If a person carries on or proposes to carry on any work, undertaking or activity that results or is likely to result in the death of fish, in the harmful alteration, disruption or destruction of fish habitat or in the deposit of a deleterious substance in water frequented by fish or in any place under any conditions where that deleterious substance or any other deleterious substance that results from the deposit of that deleterious substance may enter any such waters, the person shall, on the request of the Minister — or without request in the manner and circumstances prescribed by regulations made under paragraph (3)(a) — provide him or her with any documents — plans, specifications, studies, procedures, schedules, analyses, samples, evaluations — and any other information relating to the work, undertaking or activity, or to the water, place, fish or fish habitat that is or is likely to be affected by the work, undertaking or activity, that will enable the Minister to determine

            • (a) whether the work, undertaking or activity results or is likely to result in the death of fish that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that death or mitigate the extent of death;

            • (a.1) whether the work, undertaking or activity results or is likely to result in the harmful alteration, disruption or destruction of fish habitat that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that result or mitigate its effects; or

      • 2012, c. 19, s. 144(2)

        (2) Paragraph 37(1)(b) of the French version of the Act is replaced by the following:

        • b) si l’ouvrage, l’entreprise ou l’activité entraîne ou entraînera vraisemblablement l’immersion ou le rejet d’une substance en contravention avec l’article 36 et quelles sont les mesures éventuelles à prendre pour prévenir ou atténuer les dommages qui en découlent.

      • 2012, c. 19, s. 144(2)

        (3) Subsection 37(1.1) of the Act is repealed.

      • 2012, c. 19, s. 144(2)

        (4) The portion of subsection 37(2) of the Act before paragraph (a) is replaced by the following:

        • Powers of Minister

          (2) If, after reviewing any document and other information provided under subsection (1) and affording the persons who provided it a reasonable opportunity to make representations, the Minister is of the opinion that an offence under subsection 40(1) or (2) is being or is likely to be committed, he or she may, by order, subject to regulations made under paragraph (3)(b),

      • 2012, c. 19, s. 144(2)

        (5) Paragraph 37(2)(a) of the English version of the Act is replaced by the following:

        • (a) require any modifications or additions to the work, undertaking or activity or any modifications to any plans, specifications, procedures or schedules relating to it that the Minister considers necessary in the circumstances, or

      • 2012, c. 19, s. 144(2)

        (6) The portion of subsection 37(2) of the Act after paragraph (b) is replaced by the following:

        The Minister may personally direct the closing of the work or undertaking or the ending of the activity for any period that he or she considers necessary in the circumstances.

      • 2012, c. 19, ss. 144(4), (5)(F) and (6)

        (7) Paragraphs 37(3)(a) to (c) of the Act are replaced by the following:

        • (a) prescribing the manner and circumstances in which any document or other information is to be provided to the Minister without request under subsection (1); and

        • (b) prescribing the manner and circumstances in which the Minister may make orders under subsection (2) and the terms of the orders.

      • (8) Subsections 37(4) and (5) of the Act are replaced by the following:

        • Consultation

          (4) If the Minister proposes to make an order under subsection (2), he or she shall offer to consult with the governments of any provinces that he or she considers to be interested in the proposed order and with any departments or agencies of the Government of Canada that he or she considers appropriate.

        • Exception

          (5) Nothing in subsection (4) prevents the Minister from making an interim order under subsection (2) without the offer of consultation referred to in subsection (4) if he or she considers that immediate action is necessary.

        • Statutory Instruments Act

          (6) Orders made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

  • — 2019, c. 14, s. 25

      • 25 (1) [In force]

      • 2012, c. 19, s. 145(2)

        (2) Subparagraph 38(3)(b)(i) of the Act is replaced by the following:

        • (i) the death of fish,

        • (i.1) the harmful alteration, disruption or destruction of fish habitat, or

      • (3) [In force]

      • (4) The portion of subsection 38(4) of the Act before paragraph (a) is replaced by the following:

        • Duty to notify — death of fish

          (4) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of the death of fish that is not authorized under this Act, or of a serious and imminent danger of such occurrence, if the person at any material time

      • 2012, c. 19, ss. 145(1), (3) and 4(F)

        (5) Paragraphs 38(4)(a) and (b) of the French version of the Act are replaced by the following:

        • a) la personne qui est responsable, à titre de propriétaire ou autrement, de l’ouvrage, de l’entreprise ou de l’activité à l’origine de l’évènement effectif ou fort probable et imminent;

        • b) celle qui est à l’origine de l’évènement effectif ou fort probable et imminent, ou y contribue.

      • (6) Section 38 of the Act is amended by adding the following after subsection (4):

        • Duty to notify — harmful alteration, disruption or destruction of fish habitat

          (4.1) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of a harmful alteration, disruption or destruction of fish habitat that is not authorized under this Act, or of a serious and imminent danger of such an occurrence, if the person at any material time

          • (a) owns or has the charge, management or control of the work, undertaking or activity that resulted in the occurrence or the danger of the occurrence; or

          • (b) causes or contributes to the occurrence or the danger of the occurrence.

      • (7) [In force]

      • 2012, c. 19, s. 145(1)

        (8) Subsection 38(6) of the Act is replaced by the following:

        • Duty to take corrective measures

          (6) Any person described in paragraph (4)(a) or (b), (4.1)(a) or (b) or (5)(a) or (b) shall, as soon as feasible, take all reasonable measures consistent with public safety and with the conservation and protection of fish and fish habitat to prevent the occurrence or to counteract, mitigate or remedy any adverse effects that result from the occurrence or might reasonably be expected to result from it.

      • (9) [In force]

      • 2012, c. 19, s. 145(1)

        (10) Subsection 38(7.1) of the Act is replaced by the following:

        • Corrective measures

          (7.1) If an inspector or fishery officer, whether or not they have been notified under subsection (4), (4.1) or (5) or provided with a report under subsection (7), is satisfied on reasonable grounds that immediate action is necessary in order to take any measures referred to in subsection (6), the inspector or officer may, subject to subsection (7.2), take any of those measures at the expense of any person described in paragraph (4)(a) or (b), (4.1)(a) or (b) or (5)(a) or (b) or direct that person to take the measures at their expense.

      • 2012, c. 19, s. 145(1)

        (11) Paragraph 38(9)(a) of the Act is replaced by the following:

        • (a) the authority for the purposes of subsection (4), (4.1) or (5), the manner in which the notification under those subsections is to be made, the information to be contained in the notification and the circumstances in which no notification need be made;

      • (12) [In force]

  • — 2019, c. 14, s. 27

    • 1991, c. 1, s. 10(1); 2012, c. 19, s. 147(1)(E)
      • 27 (1) The portion of subsection 40(1) of the Act before paragraph (a) is replaced by the following:

        • Offence and punishment
          • 40 (1) Every person who contravenes subsection 34.4(1) or 35(1) is guilty of an offence and liable

      • 2012, c. 19, ss. 147(6) and (7)

        (2) Paragraphs 40(3)(a) and (a.1) of the Act are replaced by the following:

        • (a) in carrying on a work, undertaking or activity, fails to comply with a prescribed condition referred to in paragraph 34.4(2)(a) or 35(2)(a), with a condition set out in an authorization or a permit, as the case may be, issued under paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or subsection 35.1(3) or 35.2(7), or with a condition imposed by regulations made under subsection 36(5) or (5.2),

        • (a.1) fails to provide any document or other information as requested by the Minister under subsection 37(1) within a reasonable time after the request is made,

        • (a.2) fails to provide any document or other information required to be provided under subsection 35.2(3) within the prescribed period,

        • (a.3) fails to provide any additional information that is required to be provided under subsection 35.2(4) within the time and in the manner that the Minister specifies,

      • 2012, c. 19, s. 147(8)

        (3) Paragraph 40(3)(c) of the Act is replaced by the following:

        • (c) fails to provide notification that he or she is required to provide under subsection 38 (4), (4.1) or (5),

      • 2012, c. 19, s. 147(9)

        (4) The portion of paragraph 40(3)(d) of the Act before subparagraph (iii) is replaced by the following:

        • (d) carries on any work, undertaking or activity described in subsection 37(1)

          • (i) otherwise than in accordance with any document and other information relating to the work, undertaking or activity that they provide to the Minister under that subsection,

          • (ii) otherwise than in accordance with any such document and other information as required to be modified by any order of the Minister under paragraph 37(2)(a), or

      • (5) Subsection 40(3) of the Act is amended by adding the following after paragraph (d):

        • (d.1) carries on any work, undertaking or activity described in subsection 35.2(3) otherwise than in accordance with any document and other information relating to the work, undertaking or activity that they provide to the Minister under that subsection or subsection 35.2(4),

      • 2012, c. 19, s. 147(10)

        (6) Subsection 40(3) of the Act is amended by striking out “or” at the end of paragraph (g) and by replacing paragraph (h) with the following:

        • (h) fails to comply with a request of the Minister made under subsection 34.3(1), an order of the Minister made under subsection 34.3(2) or (3) or a provision of a regulation made under subsection 34.3(7),

      • (7) [In force]

      • (8) Subsection 40(3) of the Act is amended by adding the following after paragraph (i):

        • (j) carries on any work, undertaking or activity that is a part of a designated project in contravention of subsection 35.1(4), or

        • (k) carries on, in contravention of subsection 35.2(1), any work, undertaking or activity prescribed under paragraph 35.2(10)(a),

      • (9) The portion of subsection 40(5) of the Act before paragraph (b) is replaced by the following:

        • Matters of proof

          (5) For the purpose of any proceedings for an offence under any of subsections (1), (2) and (3),

          • (a) the death of fish takes place whether or not any act or omission resulting in the death is intentional;

          • (a.1) a harmful alteration, disruption or destruction of fish habitat takes place whether or not an act or omission resulting in the alteration, disruption or destruction is intentional;

          • (a.2) a deposit as defined in subsection 34(1) takes place whether or not any act or omission resulting in the deposit is intentional; and

  • — 2019, c. 14, s. 28

    • 28 The Act is amended by adding the following after section 42:

      • Definitions

        42.01 The following definitions apply in this section and sections 42.02 to 42.04.

        conservation project

        conservation project means a work, undertaking or activity that is carried on by a proponent for the purpose of creating, restoring or enhancing fish habitat within a service area in order to acquire habitat credits. (projet de conservation)

        fish habitat bank

        fish habitat bank means an area of a fish habitat that has been created, restored or enhanced by the carrying on of one or more conservation projects within a service area and in respect of which area the Minister has certified any habitat credit under paragraph 42.02(1)(b). (réserve d’habitats)

        habitat credit

        habitat credit means a unit of measure that is agreed to between any proponent and the Minister under section 42.02 that quantifies the benefits of a conservation project. (crédit d’habitat)

        proponent

        proponent means a person who proposes the carrying on of a conservation project and any other work, undertaking or activity within a proposed service area. (promoteur)

        service area

        service area means the geographical area that encompasses a fish habitat bank and one or more conservation projects and within which area a proponent carries on a work, undertaking or activity. (zone de service)

      • Arrangements respecting fish habitat banks
        • 42.02 (1) For the purposes of sections 42.01 to 42.04, the Minister may

          • (a) establish a system for the creation, allocation and management of a proponent’s habitat credits in relation to a conservation project; and

          • (b) issue a certificate to the proponent respecting the validity of any habitat credit acquired from the carrying on of a conservation project.

        • Arrangements

          (2) In exercising the powers referred to in subsection (1), the Minister may enter into arrangements with any proponent.

        • Contents

          (3) An arrangement referred to in subsection (2) shall include, among other things,

          • (a) any document and other information that describes the proposed fish habitat bank, conservation project and service area;

          • (b) a written confirmation that the Department of Fisheries and Oceans and anyone authorized to act on the Department’s behalf is authorized to access the site of the conservation project for the term of the arrangement;

          • (c) a description of the administration, management and general operation of the arrangement by the parties, including

            • (i) a procedure for proposing a conservation project and an approval process,

            • (ii) a habitat credit certification process,

            • (iii) a process for habitat credit evaluation and any re-evaluation that may be required by the Minister,

            • (iv) habitat credit accounting procedures respecting the habitat credit ledger,

            • (v) progress reports on the conservation project, and

            • (vi) any other relevant matters respecting the administration of the arrangement;

          • (d) reports on the performance of the arrangement;

          • (e) the form and manner in which the arrangement may be amended;

          • (f) the date on which the arrangement comes into force; and

          • (g) the signatures of the parties.

      • Use of habitat credit within service area

        42.03 A proponent may only use their certified habitat credits in respect of a fish habitat bank within a service area to offset the adverse effects on fish or fish habitat from the carrying on of a work, undertaking or activity authorized or permitted to be carried on in that service area.

      • Regulations

        42.04 The Governor in Council may make regulations

        • (a) respecting the establishment of a system for the creation, allocation and management of habitat credits referred to in paragraph 42.02(1)(a);

        • (b) respecting the issuance of a certificate of validity of any habitat credit referred to in paragraph 42.02(1)(b); and

        • (c) respecting an arrangement with any proponent.

  • — 2019, c. 14, s. 29

    • 2012, c. 19, s. 148

      29 Subsection 42.1(1) of the Act is replaced by the following:

      • Annual report
        • 42.1 (1) The Minister shall, as soon as feasible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish and fish habitat protection and pollution prevention for that year.

  • — 2019, c. 14, s. 30

    • 30 The Act is amended by adding the following after section 42.1:

      • Public registry

        42.2 The Minister shall establish a public registry for the purpose of facilitating access to records relating to matters under any of sections 34 to 42.1.

      • Contents of registry — obligatory
        • 42.3 (1) The Minister shall publish the following records in the registry:

          • (a) any agreements referred to in section 4.1 that are entered into by him or her and that establish the circumstances and manner referred to in paragraph 4.1(2)(h);

          • (b) any standards and codes of practice established by the Minister under section 34.2;

          • (c) any orders made by the Minister under sections 34.3 and 37;

          • (d) any authorizations given under paragraphs 34.4(2)(b) and (c) and 35(2)(b) and (c) and subsection 35.2(7);

          • (e) any permits issued by him or her under section 35.1; and

          • (f) any fish habitat restoration plan prepared under subsection 35.2(9).

        • Contents of registry — optional

          (2) The Minister may publish in the registry, other records that he or she considers appropriate for the purpose set out in section 42.2, including

          • (a) any agreements referred to in section 4.1 and subsection 4.4(3);

          • (b) any arrangements referred to in subsection 4.4(3) and section 42.02;

          • (c) any proposed regulations;

          • (d) any reports submitted under any regulations made under this Act;

          • (e) any guidelines; and

          • (f) any policy.

        • Request of designated minister

          (3) The Minister may, on the request of any other minister designated under section 43.2, publish any records in the registry that the designated minister considers appropriate for the purpose set out in section 42.2.

        • Types of records in registry

          (4) Despite subsections (1) to (3), the registry shall contain only records or any part of those records

          • (a) that are publicly available; or

          • (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.

      • Form, manner and access — registry

        42.4 The Minister may determine the form of the registry, how it is to be kept and how access to it is to be provided.

      • Protection from civil proceeding or prosecution

        42.5 Despite any other Act of Parliament, civil or criminal proceedings shall not be brought against Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister for the full or partial disclosure of any record through the registry made in good faith or for any consequences of its disclosure.

  • — 2019, c. 14, s. 31

      • 31 (1) to (5) [In force]

      • 2012, c. 19, s. 149(2)

        (6) Paragraphs 43(1)(i) to (i.4) of the Act are replaced by the following:

        • (i) respecting the conservation and protection of fish habitat;

        • (i.1) for the purposes of paragraphs 34.4(2)(a) and 35(2)(a), prescribing anything that is authorized to be prescribed under those paragraphs;

        • (i.11) respecting the process relating to the issuance of the authorizations referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or the permits referred to in subsection 35.1(3);

        • (i.2) prescribing the documents or other information that are to be provided for the obtaining of the authorizations referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or the permits referred to in subsection 35.1(3), or for the amendment, suspension or cancellation of those authorizations or permits;

        • (i.21) prescribing persons or entities who may authorize the carrying on of works, undertakings or activities under paragraphs 34.4(2)(c) and 35(2)(c) and respecting the requirements that these persons or entities may be subject to;

        • (i.3) prescribing the conditions and requirements under which a person or entity referred to in paragraph 34.4(2)(c) or 35(2)(c) may issue the authorization;

        • (i.31) with respect to an authorization issued under 34.4(2)(c) or 35(2)(c), prescribing the classes of conditions that the prescribed person or entity

          • (i) shall include in the authorization,

          • (ii) may include in it, or

          • (iii) shall not include in it;

        • (i.4) respecting time limits for issuing authorizations referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or for issuing permits under subsection 35.1(3), or for refusing to do so;

        • (i.5) for the purposes of the definition designated project in subsection 34(1), designating projects or classes of projects that are likely to affect fish or fish habitat;

        • (i.6) respecting the time, manner and circumstances in which the Minister may amend, suspend or cancel an authorization referred to in subsection 34.4(5) or 35(5), or a permit referred to in subsection 35.1(5), as the case may be;

        • (i.7) respecting the time, manner and circumstances in which the prescribed person or prescribed entity may amend, suspend or cancel an authorization referred to in subsection 34.4(6) or 35(6);

        • (i.8) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection 34.4(5) or (6) or 35(5) or (6), or a permit under subsection 35.1(5), as the case may be;

      • (7) to (12) [In force]

      • 2012, c. 19, s. 149(5)

        (13) Subsection 43(5) of the Act is replaced by the following:

        • Regulations exempting certain Canadian fisheries waters

          (5) The Governor in Council may make regulations exempting any Canadian fisheries waters from the application of sections 34.3, 34.4 and 35 and subsections 38(4) and (4.1).

  • — 2019, c. 14, s. 52

    • Authorization — Paragraph 35(2)(b)

      52 Any authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act before the day on which section 22 of this Act comes into force and that is still valid on the day on which that section comes into force is deemed to have been issued under paragraphs 34.4(2)(b) and 35(2)(b), as those paragraphs read after that day.

  • — 2019, c. 14, ss. 58.2(1), (2)

    • Bill S-238
      • 58.2 (1) Subsections (2) to (7) apply if Bill S-238, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation and exportation of shark fins) (in this section referred to as the “other Act”), receives royal assent.

      • (2) If section 2 of the other Act comes into force before section 18.1 of this Act, then section 32 of the Fisheries Act, as enacted by that section 2, is repealed.

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