Fisheries Act

Marginal note:Serious harm to fish

• 35 (1) No person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery.

• Marginal note:Exception

  (2) A person may carry on a work, undertaking or activity without contravening subsection (1) if

  • (a) the work, undertaking or activity is a prescribed work, undertaking or activity, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

  • (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by the Minister;

  • (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or entity and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

  • (d) the serious harm is produced as a result of doing anything that is authorized, otherwise permitted or required under this Act; or

  • (e) the work, undertaking or activity is carried on in accordance with the regulations.

• Marginal note:Regulations

  (3) The Minister may, for the purposes of paragraph (2)(a), make regulations prescribing anything that is authorized to be prescribed.

• Marginal note:Statutory Instruments Act

  (4) Regulations made under subsection (3) are exempt from section 3 of the Statutory Instruments Act.