Fisheries Act

Marginal note:Studies, analyses, samplings and evaluations

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

• Marginal note:Minister’s request

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

  • (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 that the Minister considers sufficient to permit the free passage of fish; or

  • (g) permit the escape, into the water below the obstruction or thing, at all times of the quantity of water that the Minister considers sufficient for the safety of fish or for the flooding of fish habitat to an appropriate depth.

• Marginal note:Modification, repair and maintenance

  (3) On the Minister’s request, 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 to prevent harm to fish during the construction, implementation, installation, modification or repair of anything mentioned in that subsection;

  • (b) operate and maintain that thing 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 request;

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

  • (d) damage, remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s request; 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 request if the removal is required for modification, repair or maintenance.