Fisheries Act

Marginal note:Definitions

• 34 (1) For the purposes of sections 35 to 43,

  deleterious substance

  substance nocive

  deleterious substance means

  • (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or

  • (b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water,

  and without limiting the generality of the foregoing includes

  • (c) any substance or class of substances prescribed pursuant to paragraph (2)(a),

  • (d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and

  • (e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c); (substance nocive)

  deposit

  immersion ou rejet

  deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; (immersion ou rejet)

  fish habitat

  habitat du poisson

  fish habitat means spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes; (habitat du poisson)

  water frequented by fish

  eaux où vivent des poissons

  water frequented by fish means Canadian fisheries waters. (eaux où vivent des poissons)

• Marginal note:Regulations for purpose of definition "deleterious substance"

  (2) The Governor in Council may make regulations prescribing

  • (a) substances and classes of substances,

  • (b) quantities or concentrations of substances and classes of substances in water, and

  • (c) treatments, processes and changes of water

  for the purpose of paragraphs (c) to (e) of the definition "deleterious substance" in subsection (1).