What Canada Fisheries Act: Fish and Fish Habitat Protection and the Deleterious-Substance Prohibition requires
The Fisheries Act (R.S.C. 1985, c. F-14), as substantially amended in 2019, is Canada's principal federal statute for the management of fisheries and the conservation and protection of fish and fish habitat, administered by the Department of Fisheries and Oceans (DFO) with Environment and Climate Change Canada enforcing the pollution-prevention provisions. Section 2.1 states the purpose of providing a framework for the proper management and control of fisheries and the conservation and protection of fish and fish habitat. Section 2 defines 'fish' (including parts of fish, shellfish, crustaceans, marine animals and their eggs, sperm, spawn and larvae), 'fish habitat' (water frequented by fish and areas on which fish depend to carry out their life processes), 'deleterious substance', and 'Indigenous peoples of Canada'. Section 34.4(1) prohibits carrying on any work, undertaking or activity, other than fishing, that results in the death of fish, and section 35(1) prohibits any that results in the harmful alteration, disruption or destruction of fish habitat (HADD), unless authorized by the Minister or conducted under the regulations (sections 34.4(2), 35(2)). Section 36(3) prohibits depositing a deleterious substance in water frequented by fish. In decision-making the Minister may consider the sustainability of fisheries, scientific information, the Indigenous knowledge of the Indigenous peoples of Canada and community knowledge (section 2.5), and must consider the factors in section 34.1 when exercising habitat powers. Persons must notify an inspector without delay of an unauthorized death of fish or deposit and take all reasonable corrective measures (section 38), failing which an inspector may act at the person's expense. The Act provides for ecologically significant areas (section 35.2) and time-limited fisheries management orders not exceeding 45 days (sections 9.1 and 9.3). Inspectors and fishery officers have inspection, search and seizure powers (sections 38(3) and 39). Offences are punishable under section 40 by significant minimum and maximum fines and imprisonment - for an individual on indictment, not less than $15,000 and not more than $1,000,000 for a first offence - with higher ranges for corporations and subsequent offences.
Pillar: Water & Environmental Resources · Authority: Parliament of Canada / Department of Fisheries and Oceans (DFO) · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/F-14/FullText.html
SHA-256 integrity: 0d0c42ae725ad9d46c72b4791b082345f04c8503367ee716f47e0a9f4213c0b2
Primary Citations — 8 traced to source
- Fisheries Act, R.S.C. 1985, c. F-14, Section 2.1 - purpose; Section 2 - definitions of fish, fish habitat, deleterious substance and Indigenous peoples of Canada.
- Fisheries Act, Section 34.4 - prohibition on works resulting in the death of fish (other than fishing) absent authorization or prescribed conditions.
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