Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Arrangements respecting fish habitat banks

• 42.02 (1) For the purposes of sections 42.01 to 42.04, the Minister may

  • (a) establish a system for the creation, allocation and management of a proponent’s habitat credits in relation to a conservation project; and

  • (b) issue a certificate to the proponent respecting the validity of any habitat credit acquired from the carrying on of a conservation project.

• Marginal note:Arrangements

  (2) In exercising the powers referred to in subsection (1), the Minister may enter into arrangements with any proponent.

• Marginal note:Contents

  (3) An arrangement referred to in subsection (2) shall include, among other things,

  • (a) any document and other information that describes the proposed fish habitat bank, conservation project and service area;

  • (b) a written confirmation that the Department of Fisheries and Oceans and anyone authorized to act on the Department’s behalf is authorized to access the site of the conservation project for the term of the arrangement;

  • (c) a description of the administration, management and general operation of the arrangement by the parties, including

    • (i) a procedure for proposing a conservation project and an approval process,

    • (ii) a habitat credit certification process,

    • (iii) a process for habitat credit evaluation and any re-evaluation that may be required by the Minister,

    • (iv) habitat credit accounting procedures respecting the habitat credit ledger,

    • (v) progress reports on the conservation project, and

    • (vi) any other relevant matters respecting the administration of the arrangement;

  • (d) reports on the performance of the arrangement;

  • (e) the form and manner in which the arrangement may be amended;

  • (f) the date on which the arrangement comes into force; and

  • (g) the signatures of the parties.