Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Factors

• 34.1 (1) Before recommending to the Governor in Council that a regulation be made in respect of section 34.4, 35 or 35.1 or under subsection 35.2(10), 36(5) or (5.1), paragraph 43(1)(b.2) or subsection 43(5) or before exercising any power under subsection 34.3(2), (3) or (7), paragraph 34.4(2)(b) or (c), subsection 34.4(4), paragraph 35(2)(b) or (c) or subsection 35(4), 35.1(3), 35.2(7) or 36(5.2), or under subsection 37(2) with regard to an offence under subsection 40(1), the Minister, prescribed person or prescribed entity, as the case may be, shall consider the following factors:

  • (a) the contribution to the productivity of relevant fisheries by the fish or fish habitat that is likely to be affected;

  • (b) fisheries management objectives;

  • (c) whether there are measures and standards

    • (i) to avoid the death of fish or to mitigate the extent of their death or offset their death, or

    • (ii) to avoid, mitigate or offset the harmful alteration, disruption or destruction of fish habitat;

  • (d) the cumulative effects of the carrying on of the work, undertaking or activity referred to in a recommendation or an exercise of power, in combination with other works, undertakings or activities that have been or are being carried on, on fish and fish habitat;

  • (e) any fish habitat banks, as defined in section 42.01, that may be affected;

  • (f) whether any measures and standards to offset the harmful alteration, disruption or destruction of fish habitat give priority to the restoration of degraded fish habitat;

  • (g) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister; and

  • (h) any other factor that the Minister considers relevant.

• Marginal note:Application of subsection (1)

  (2) The obligation to consider the factors set out in subsection (1) applies only to the recommendations and powers that continue to be made or exercised by the Minister after an order is made under subsection 43.2(1) that sets out the powers, duties or functions that the designated minister may exercise or perform.