What Canada Water Act and Fisheries Act Section 36 - Federal Water Pollution Prevention and Deleterious Substances Prohibition requires
Federal water pollution control in Canada operates through two principal statutes. The Canada Water Act (R.S.C., 1985, c. C-11) provides for management of water resources of Canada, particularly in waters where there is a significant national interest, and for federal-provincial consultation through agreements under Section 4. The Fisheries Act (R.S.C., 1985, c. F-14) Section 36(3) is the primary federal prohibition: 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. Deleterious substance is defined at Section 34(1) by reference to substances that would alter or contribute to the alteration of the quality of water frequented by fish so as to render the water deleterious to fish or fish habitat, or to render water deleterious to use of fish by humans. Penalties under Section 40 include indictable offence with fines up to CAD 6 million for first offence (corporations) and CAD 12 million for second/subsequent. Section 35 prohibits causing serious harm to fish through carrying on of any work, undertaking or activity. Environment and Climate Change Canada (ECCC) administers Section 36; Fisheries and Oceans Canada (DFO) administers Section 35. The Wastewater Systems Effluent Regulations under Fisheries Act provide deemed authorisation for wastewater discharges meeting standards.
Pillar: Water & Environmental Resources · Authority: Environment and Climate Change Canada (ECCC) - Section 36 Fisheries Act and Canada Water Act administration; Fisheries and Oceans Canada (DFO) - Section 35 administration; provinces under federal-provincial cooperative agreements under Canada Water Act Section 4 · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/F-14/FullText.html
SHA-256 integrity: 9d8af8cecbb40a6103411d0e4ef895ac2ca4fac20b095fd80def1071a531118b
Primary Citations — 7 traced to source
- Fisheries Act, R.S.C., 1985, c. F-14, as amended by S.C. 2019, c. 14 - Section 34(1) deleterious substance definition, Section 35 serious harm to fish, Section 36(3) prohibition on deposit, Section 36(4) authorisation, Section 38 emergency provisions, Section 40 penalties, Section 78.2 directors/officers liability, Section 78.6 due diligence defence
- Canada Water Act, R.S.C., 1985, c. C-11 - Section 4 federal-provincial agreements, Section 9 water quality management areas, Section 13 monitoring authorities, Sections 26-30 inter-jurisdictional waters
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