Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Harmful alteration, disruption or destruction of fish habitat

• 35 (1) No person shall carry on any work, undertaking or activity that results in the harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Exception

  (2) A person may carry on a work, undertaking or activity without contravening subsection (1) if

  • (a) the work, undertaking or activity is a prescribed work, undertaking or activity or belongs to a prescribed class of works, undertakings or activities, as the case may be, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

  • (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by the Minister;

  • (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with the conditions set out in the authorization;

  • (d) the harmful alteration, disruption or destruction results from the doing of anything that is authorized, permitted or required under this Act;

  • (e) the work, undertaking or activity is carried on in accordance with the regulations;

  • (f) the work, undertaking or activity is carried on in accordance with a permit issued under subsection 35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or

  • (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.2(10)(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and is carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.2(7).

• Marginal note:Other conditions

  (3) The prescribed person or prescribed entity referred to in paragraph (2)(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances.

• Marginal note:Regulations

  (4) The Minister may, for the purposes of paragraph (2)(a) and subject to paragraph 43(1)(i.1), make regulations prescribing anything that is authorized to be prescribed.

• Marginal note:Amendment, suspension or cancellation — paragraph (2)(b)

  (5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)(b).

• Marginal note:Amendment, suspension or cancellation — paragraph (2)(c)

  (6) A prescribed person or prescribed entity referred to in paragraph (2)(c) may amend, suspend or cancel an authorization issued under that paragraph.

Marginal note:Designated project

• 35.1 (1) The Minister may designate, as a work, undertaking or activity that is associated with a designated project, any work, undertaking or activity that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Work, undertaking or activity designated by Minister

  (2) The Minister shall designate any work, undertaking or activity that is part of a designated project and that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Issuance of permit

  (3) The Minister may issue a permit to carry on any work, undertaking or activity designated under subsection (2) and attach any conditions to it.

• Marginal note:Prohibition

  (4) No person shall carry on any work, undertaking or activity that is designated under subsection (2) except in accordance with a permit issued under subsection (3).

• Marginal note:Amendment, suspension or cancellation

  (5) The Minister may amend, suspend or cancel a permit issued under subsection (3).

Marginal note:Ecologically significant area

• 35.2 (1) No person shall carry on a work, undertaking or activity prescribed under paragraph (10)(a) or that belongs to a prescribed class under that paragraph, in an ecologically significant area except in accordance with an authorization issued under subsection (7).

• Marginal note:Designation — ecologically significant area

  (2) The Governor in Council may, on the recommendation of the Minister, make regulations designating ecologically significant areas.

• Marginal note:Requirement to provide information

  (3) Any person who proposes to carry on a work, undertaking or activity referred to in subsection (1) in an ecologically significant area shall provide the Minister with any document and other information that is required by regulation in respect of the prescribed work, undertaking or activity, or the water, place, fish or fish habitat that is likely to be affected by the prescribed work, undertaking or activity.

• Marginal note:Request for additional information

  (4) Regulations made for the purpose of subsection (3) do not prevent the Minister from requesting additional information that he or she considers necessary in the circumstances.

• Marginal note:Compliance with request

  (5) Every person who is required to provide any additional information must provide it within the time and in the manner that the Minister specifies.

• Marginal note:Extension of time

  (6) The Minister may, on request in writing from any person who is required to provide any additional information, extend the specified time.

• Marginal note:Powers of Minister

  (7) If the Minister is satisfied, after having reviewed any document and other information provided under subsection (3) or (4), that avoidance and mitigation measures may be implemented to achieve the prescribed objectives for the conservation and protection of fish and fish habitat, he or she may authorize, subject to the regulations made under subsection (10), the carrying on of the work, undertaking or activity referred to in subsection (1) in an ecologically significant area, on any conditions that he or she considers appropriate.

• Marginal note:Amendment, suspension or cancellation — authorization

  (8) The Minister may amend, suspend or cancel an authorization issued under subsection (7).

• Marginal note:Fish habitat restoration plan

  (9) The Minister shall, as soon as feasible, prepare a fish habitat restoration plan for an ecologically significant area, if he or she is of the opinion that fish habitat restoration in that ecologically significant area is required in order to meet any prescribed objectives for the conservation and protection of fish and fish habitat.

• Marginal note:Regulations

  (10) The Governor in Council may, on the Minister’s recommendation, make regulations

  • (a) prescribing works, undertakings or activities or classes of works, undertakings or activities, for the purposes of this section;

  • (b) respecting any document or other information that is required to be provided under subsection (3), including the manner in which and the time within which it is to be provided;

  • (c) respecting the objectives for the conservation and protection of fish and fish habitat in an ecologically significant area;

  • (d) prescribing works, undertakings or activities or classes of works, undertakings or activities that the Minister shall not authorize under paragraphs 34.4(2)(b) and 35(2)(b) to be carried on in an ecologically significant area;

  • (e) prescribing conditions under which and requirements subject to which the Minister may issue an authorization under subsection (7);

  • (f) respecting the manner and circumstances relating to the amendment, suspension or cancellation of an authorization referred to in subsection (7); and

  • (g) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection (7).

Marginal note:Throwing overboard of certain substances prohibited

• 36 (1) No one shall

  • (a) throw overboard ballast, coal ashes, stones or other prejudicial or deleterious substances in any river, harbour or roadstead, or in any water where fishing is carried on;

  • (b) leave or deposit or cause to be thrown, left or deposited, on the shore, beach or bank of any water or on the beach between high and low water mark, remains or offal of fish or of marine animals; or

  • (c) leave decayed or decaying fish in any net or other fishing apparatus.

• Marginal note:Disposal of remains, etc.

  (2) Remains or offal described in subsection (1) may be buried ashore, above high water mark.

• Marginal note:Deposit of deleterious substance prohibited

  (3) Subject to subsection (4), 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.

• Marginal note:Deposits authorized by regulation

  (4) No person contravenes subsection (3) by depositing or permitting the deposit in any water or place of

  • (a) waste or pollutant of a type, in a quantity and under conditions authorized by regulations applicable to that water or place made by the Governor in Council under any Act other than this Act;

  • (b) a deleterious substance of a class and under conditions — which may include conditions with respect to quantity or concentration — authorized under regulations made under subsection (5) applicable to that water or place or to any work or undertaking or class of works or undertakings; or

  • (c) a deleterious substance the deposit of which is authorized by regulations made under subsection (5.2) and that is deposited in accordance with those regulations.

• Marginal note:Regulations for authorizing certain deposits

  (5) The Governor in Council may make regulations for the purpose of paragraph (4)(b) prescribing

  • (a) the deleterious substances or classes thereof authorized to be deposited notwithstanding subsection (3);

  • (b) the waters or places or classes thereof where any deleterious substances or classes thereof referred to in paragraph (a) are authorized to be deposited;

  • (c) the works or undertakings or classes thereof in the course or conduct of which any deleterious substances or classes thereof referred to in paragraph (a) are authorized to be deposited;

  • (d) the quantities or concentrations of any deleterious substances or classes thereof referred to in paragraph (a) that are authorized to be deposited;

  • (e) the conditions or circumstances under which and the requirements subject to which any deleterious substances or classes thereof referred to in paragraph (a) or any quantities or concentrations of those deleterious substances or classes thereof are authorized to be deposited in any waters or places or classes thereof referred to in paragraph (b) or in the course or conduct of any works or undertakings or classes thereof referred to in paragraph (c); and

  • (f) the persons who may authorize the deposit of any deleterious substances or classes thereof in the absence of any other authority, and the conditions or circumstances under which and requirements subject to which those persons may grant the authorization.

• Marginal note:Regulations — Governor in Council

  (5.1) The Governor in Council may make regulations establishing conditions for the exercise of the Minister’s regulation-making power under subsection (5.2).

• Marginal note:Regulations — Minister

  (5.2) If regulations have been made under subsection (5.1), the Minister may make regulations

  • (a) authorizing the deposit of deleterious substances specified in the regulations, or substances falling within a class of deleterious substances specified in the regulations;

  • (b) authorizing the deposit of deleterious substances into waters or places falling within a class of waters or places;

  • (c) authorizing the deposit of deleterious substances resulting from a work, undertaking or activity falling within a class of works, undertakings or activities;

  • (d) establishing conditions, which may include conditions with respect to quantity or concentration, for the deposit of deleterious substances referred to in paragraphs (a) to (c); and

  • (e) establishing, for the purposes of paragraphs (a) to (c), classes of

    • (i) deleterious substances,

    • (ii) waters and places, and

    • (iii) works, undertakings and activities.

• Marginal note:Directions by the Minister

  (6) A person authorized to deposit a deleterious substance by or under regulations made under subsection (5) or (5.2) shall, when directed by the Minister, despite any regulations made under paragraph (5)(e) or (5.2)(d) or any conditions set out in an authorization made under paragraph (5)(f), conduct any sampling, analyses, tests, measurements or monitoring, install or operate any equipment or comply with any procedures, and report any information, that is required by the Minister in order to determine whether the person is depositing the deleterious substance in the manner authorized.