Fisheries Act

Version of section 30 from 2002-12-31 to 2013-11-24:

Marginal note:Fish guards only where Minister deems necessary
  •  (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.

  • R.S., c. F-14, s. 28;
  • 1976-77, c. 35, s. 4.
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