Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Main channel not to be obstructed

• 26. (1) One-third of the width of any river or stream and not less than two-thirds of the width of the main channel at low tide in every tidal stream shall be always left open, and no kind of net or other fishing apparatus, logs or any material of any kind shall be used or placed therein.

• (2) [Repealed, 1991, c. 1, s. 7]

• Marginal note:Devices to prevent escape of fish

  (3) The Minister may authorize the placing and maintaining of barriers, screens or other obstructions in streams to prevent the escape of fish held for fish breeding purposes or any other purpose that the Minister deems in the public interest, and no person shall injure any such barrier, screen or other obstruction.

Marginal note:Fish-ways and canals

27. No one shall

• (a) damage or obstruct any fish-way or canal built, constructed or used to enable fish to pass over or around any obstruction;

• (b) do anything to stop, impede or hinder fish from entering or passing the fish-way or canal or to stop, impede or hinder fish from surmounting any obstacle or leap; or

• (c) fish in any manner within twenty-five yards downstream from the lower entrance to any fish-way, canal, obstacle or leap.

Marginal note:Use of explosives prohibited

28. No one shall hunt or kill fish or marine animals of any kind, other than porpoises, whales, walruses, sea-lions and hair seals, by means of rockets, explosive materials, explosive projectiles or shells.

Marginal note:Nets, weirs, etc., not to obstruct passage of fish

• 29. (1) No one shall erect, use or maintain in any of the Canadian fisheries waters, whether subject to any exclusive right of fishery or not, any net, weir or other device that unduly obstructs the passage of fish.

• Marginal note:Removal

  (2) The Minister or a fishery officer may order the removal of or remove any net, weir or other device that, in the opinion of the Minister or fishery officer, unduly obstructs the passage of fish.

Marginal note:Fish guards only where Minister deems necessary

• 30. (1) Every water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, if the Minister deems it necessary in the public interest, be provided at its entrance or intake with a fish guard or a screen, covering or netting so fixed as to prevent the passage of fish from any Canadian fisheries waters into the water intake, ditch, channel or canal.

• Marginal note:Structure of fish guards

  (2) The fish guard, screen, covering or netting referred to in subsection (1) shall

  • (a) have meshes or holes of such dimensions as the Minister may prescribe; and

  • (b) be built and maintained by the owner or occupier of the water intake, ditch, channel or canal referred to in subsection (1), subject to the approval of the Minister or of such officer as the Minister may appoint to examine it.

• Marginal note:Duty of owner to keep in repair

  (3) The owner or occupier of the water intake, ditch, channel or canal referred to in subsection (1) shall maintain the fish guard, screen, covering or netting referred to in that subsection in a good and efficient state of repair and shall not permit its removal except for renewal or repair.

• Marginal note:Removal

  (4) During the time in which a renewal or repair referred to in subsection (1) is being effected, the sluice or gate at the intake or entrance of the water intake, ditch, channel or canal shall be closed in order to prevent the passage of fish into the water intake, ditch, channel or canal.