Fisheries Act

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.