Fisheries Act

Marginal note:Minister may authorize payment of one-half of expense

• 21 (1) The Minister may authorize the payment of one-half of the expense incurred by an owner or occupier in constructing and maintaining any fish-way or canal and, after a fish-way or canal that has been duly approved by the Minister has been built at the cost of the owner or occupier of any obstruction, or after the owner or occupier has paid one-half the cost thereof and the fish-way or canal thereafter proves to be ineffective, the total cost of any change in the fish-way or canal or any new fish-way or canal required to enable the fish to pass by the obstruction shall, except as provided in subsection 20(3), be paid by Her Majesty.

• Marginal note:May construct and recover the cost in certain cases

  (2) The Minister, in order to procure the construction of any fish-way or canal, pending proceedings against any owner or occupier for the punishment imposed by this Act, may make and complete the construction forthwith, and may authorize any person to enter on the premises with the necessary workmen, means and materials for that purpose and may recover from the owner or occupier the whole expense so incurred by action in the name of Her Majesty.

• Marginal note:May remove or destroy after notice

  (3) Where an unused obstruction or a thing detrimental to fish exists and the owner or occupier thereof does not after notice given by the Minister remove it, or if the owner is not resident in Canada, or his exact place of residence is unknown to the Minister, the Minister may, without being liable to damages, or in any way to indemnify the owner or occupier, cause the obstruction or thing detrimental to fish to be removed or destroyed and, where notice has been given to the owner or occupier, may recover from the owner or occupier the expense of the removal or destruction.

• Marginal note:Minister may require fish stops or diverters

  (4) The Minister may require the owner or occupier of any obstruction to install and maintain such fish stops or diverters, both above and below the obstruction, as will in his opinion be adequate to prevent the destruction of fish or to assist in providing for their ascent.