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Fisheries Act (R.S.C., 1985, c. F-14)

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

Fisheries Protection and Pollution Prevention (continued)

Marginal note:Serious harm to fish

  •  (1) No person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Indigenous fishery, or to fish that support such a fishery.

  • Marginal note: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 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 entity and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

    • (d) the serious harm is produced as a result of doing anything that is authorized, otherwise permitted or required under this Act; or

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

  • Marginal note:Regulations

    (3) The Minister may, for the purposes of paragraph (2)(a), make regulations prescribing anything that is authorized to be prescribed.

  • Marginal note:Statutory Instruments Act

    (4) Regulations made under subsection (3) are exempt from section 3 of the Statutory Instruments Act.

  • R.S., 1985, c. F-14, s. 35
  • 2012, c. 19, s. 142
  • 2019, c. 14, s. 50(E)

Marginal note:Throwing overboard of certain substances prohibited

  •  (1) No one shall

    • (a) throw overboard ballast, coal ashes, stones or other prejudicial or deleterious substances in any river, harbour or roadstead, or in any water where fishing is carried on;

    • (b) leave or deposit or cause to be thrown, left or deposited, on the shore, beach or bank of any water or on the beach between high and low water mark, remains or offal of fish or of marine animals; or

    • (c) leave decayed or decaying fish in any net or other fishing apparatus.

  • Marginal note:Disposal of remains, etc.

    (2) Remains or offal described in subsection (1) may be buried ashore, above high water mark.

  • Marginal note:Deposit of deleterious substance prohibited

    (3) Subject to subsection (4), no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water.

  • Marginal note:Deposits authorized by regulation

    (4) No person contravenes subsection (3) by depositing or permitting the deposit in any water or place of

    • (a) waste or pollutant of a type, in a quantity and under conditions authorized by regulations applicable to that water or place made by the Governor in Council under any Act other than this Act;

    • (b) a deleterious substance of a class and under conditions — which may include conditions with respect to quantity or concentration — authorized under regulations made under subsection (5) applicable to that water or place or to any work or undertaking or class of works or undertakings; or

    • (c) a deleterious substance the deposit of which is authorized by regulations made under subsection (5.2) and that is deposited in accordance with those regulations.

  • Marginal note:Regulations for authorizing certain deposits

    (5) The Governor in Council may make regulations for the purpose of paragraph (4)(b) prescribing

    • (a) the deleterious substances or classes thereof authorized to be deposited notwithstanding subsection (3);

    • (b) the waters or places or classes thereof where any deleterious substances or classes thereof referred to in paragraph (a) are authorized to be deposited;

    • (c) the works or undertakings or classes thereof in the course or conduct of which any deleterious substances or classes thereof referred to in paragraph (a) are authorized to be deposited;

    • (d) the quantities or concentrations of any deleterious substances or classes thereof referred to in paragraph (a) that are authorized to be deposited;

    • (e) the conditions or circumstances under which and the requirements subject to which any deleterious substances or classes thereof referred to in paragraph (a) or any quantities or concentrations of those deleterious substances or classes thereof are authorized to be deposited in any waters or places or classes thereof referred to in paragraph (b) or in the course or conduct of any works or undertakings or classes thereof referred to in paragraph (c); and

    • (f) the persons who may authorize the deposit of any deleterious substances or classes thereof in the absence of any other authority, and the conditions or circumstances under which and requirements subject to which those persons may grant the authorization.

  • Marginal note:Regulations — Governor in Council

    (5.1) The Governor in Council may make regulations establishing conditions for the exercise of the Minister’s regulation-making power under subsection (5.2).

  • Marginal note:Regulations — Minister

    (5.2) If regulations have been made under subsection (5.1), the Minister may make regulations

    • (a) authorizing the deposit of deleterious substances specified in the regulations, or substances falling within a class of deleterious substances specified in the regulations;

    • (b) authorizing the deposit of deleterious substances into waters or places falling within a class of waters or places;

    • (c) authorizing the deposit of deleterious substances resulting from a work, undertaking or activity falling within a class of works, undertakings or activities;

    • (d) establishing conditions, which may include conditions with respect to quantity or concentration, for the deposit of deleterious substances referred to in paragraphs (a) to (c); and

    • (e) establishing, for the purposes of paragraphs (a) to (c), classes of

      • (i) deleterious substances,

      • (ii) waters and places, and

      • (iii) works, undertakings and activities.

  • Marginal note:Directions by the Minister

    (6) A person authorized to deposit a deleterious substance by or under regulations made under subsection (5) or (5.2) shall, when directed by the Minister, despite any regulations made under paragraph (5)(e) or (5.2)(d) or any conditions set out in an authorization made under paragraph (5)(f), conduct any sampling, analyses, tests, measurements or monitoring, install or operate any equipment or comply with any procedures, and report any information, that is required by the Minister in order to determine whether the person is depositing the deleterious substance in the manner authorized.

  • R.S., 1985, c. F-14, s. 36
  • 2012, c. 19, s. 143

Marginal note:Minister may require plans and specifications

  •  (1) If a person carries on or proposes to carry on any work, undertaking or activity that results or is likely to result in serious harm to fish that are part of a commercial, recreational or Indigenous fishery, or to fish that support such a fishery, 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 the Minister with any plans, specifications, studies, procedures, schedules, analyses, samples, evaluations and other information relating to the work, undertaking or activity, or to the water, place 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 any serious harm to fish that are part of a commercial, recreational or Indigenous fishery, or to fish that support such a fishery, 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

    • (b) whether there is or is likely to be a deposit of a deleterious substance by reason of the work, undertaking or activity that constitutes or would constitute an offence under subsection 40(2) and what measures, if any, would prevent that deposit or mitigate its effects.

  • Marginal note:Ecologically significant areas

    (1.1) If a person proposes to carry on any work, undertaking or activity in any ecologically significant area, 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 the Minister with any prescribed material and other information relating to the work, undertaking or activity, or to the water, place or fish habitat that is or is likely to be affected by the work, undertaking or activity.

  • Marginal note:Powers of Minister

    (2) If, after reviewing any material or information provided under subsection (1) or (1.1) and affording the persons who provided it a reasonable opportunity to make representations, the Minister or a person designated by the Minister is of the opinion that an offence under subsection 40(1) or (2) is being or is likely to be committed, or that the work, undertaking or activity results or is likely to result in harm to fish in an ecologically significant area, the Minister or the designated person may, by order, subject to regulations made under paragraph (3)(b),

    • (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 or the designated person considers necessary in the circumstances, or

    • (b) restrict the carrying on of the work, undertaking or activity.

    The Minister or the designated person may also direct the closing of the work or undertaking or the ending of the activity for any period that the Minister or the designated person considers necessary in the circumstances.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations

    • (a) prescribing the manner and circumstances in which any information or material shall be provided to the Minister without request under subsection (1) or (1.1);

    • (b) prescribing the manner and circumstances in which the Minister or a person designated by the Minister may make orders under subsection (2) and the terms of the orders; and

    • (c) defining ecologically significant area for the purposes of subsection (1.1).

  • Marginal note:Consultation with provinces

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

  • Marginal note:Exception

    (5) Nothing in subsection (4) prevents the Minister or a person designated by the Minister from making an interim order pursuant to subsection (2) without the offer of consultation referred to in subsection (4) where he considers that immediate action is necessary.

  • R.S., 1985, c. F-14, s. 37
  • 2012, c. 19, s. 144
  • 2019, c. 14, s. 50(E)
 
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