Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Studies, etc. — management or control of obstruction

• 34.3 (1) If the Minister considers that doing so is necessary to ensure the free passage of fish or the protection of fish or fish habitat, the owner or person who has the charge, management or control of an obstruction or any other thing that is detrimental to fish or fish habitat shall, on the Minister’s request and within the period specified by him or her, conduct studies, analyses, samplings and evaluations, and provide the Minister with any document and other information relating to them, to the obstruction or thing or to the fish or fish habitat that is or is likely to be affected by the obstruction or thing.

• Marginal note:Minister’s order

  (2) If the Minister considers that doing so is necessary to ensure the free passage of fish or the protection of fish or fish habitat, the owner or person who has the charge, management or control of an obstruction or any other thing that is detrimental to fish or fish habitat shall, on the Minister’s order, within the period specified by him or her and in accordance with any of his or her specifications,

  • (a) remove the obstruction or thing;

  • (b) construct a fishway;

  • (c) implement a system of catching fish before the obstruction or thing, transporting them beyond it and releasing them back into the water;

  • (d) install a fish stop or a diverter;

  • (e) install a fish guard, a screen, a covering, netting or any other device to prevent the passage of fish into any water intake, ditch, channel or canal;

  • (f) maintain the flow of water necessary to permit the free passage of fish; or

  • (g) maintain at all times the characteristics of the water and the water flow downstream of the obstruction or thing that are sufficient for the conservation and protection of the fish and fish habitat.

• Marginal note:Modification, repair and maintenance

  (3) On the Minister’s order, the owner or person referred to in subsection (2) shall

  • (a) make any provision that the Minister considers necessary for the free passage of fish or the protection of fish or fish habitat during the carrying on of any activity mentioned in that subsection;

  • (b) operate and maintain anything referred to in that subsection in a good and effective condition and in accordance with any specifications of the Minister; and

  • (c) modify or repair it in accordance with any specifications of the Minister.

• Marginal note:Obstruction of free passage of fish

  (4) No person shall

  • (a) damage or obstruct any fishway constructed or used to enable fish to pass over or around any obstruction;

  • (b) damage or obstruct any fishway, fish stop or diverter constructed or installed on the Minister’s order;

  • (c) stop, impede or hinder fish from entering or passing through any fishway, or stop, impede or hinder fish from surmounting any obstruction or leap;

  • (d) damage, remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s order; or

  • (e) fish in any manner within 23 m downstream from the lower entrance to any fishway, obstruction or leap.

• Marginal note:Exception — removal for repairs

  (5) Despite paragraph (4)(d), a person may remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s order if the removal is required for modification, repair or maintenance.

• Marginal note:Statutory Instruments Act

  (6) Orders made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

• Marginal note:Regulations

  (7) The Minister may make regulations respecting the flow of water that is to be maintained to ensure the free passage of fish or the protection of fish or fish habitat.