AGENDA

  • Federal laws and regulations
    • Fisheries Act
    • MMER (Metal Mining Effluent Regulations)
    • Migratory Birds Convention Act

FEDERAL JURISDICTION OVER WATER

  • Fisheries
  • Navigation
  • Boundary waters
  • First Nations
  • Criminal law
  • Laws for the peace, order and good government of Canada

POTENTIALLY APPLICABLE FEDERAL LAWS

  • Fisheries Act
  • Navigation Protection Act
  • Canada Water Act
  • Canadian Environmental Protection Act, 1999
  • Migratory Birds Protection Act, 1994
  • Species at Risk Act

FISHERIES ACT

  • Oldest federal environmental statute
    • major amendments in June 2012
  • Administered by both DFO and EC
  • Key provisions for industry:
    • Section 35 prohibition against serious harm to fish (including fish
  • habitat)
    • Section 36 prohibition against the deposit of deleterious substances in water frequented by fish
    • Regulations that permit the deposit of deleterious substances

SECTION 35 – SERIOUS HARM TO FISH

  • Section 35 prohibits 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
  • "Serious harm to fish" includes the death of fish or permanent alteration or destruction of fish habitat

Exemptions from s.35

  • DFO has the ability to exempt by regulation whole classes of activities from section 35,
  • provided that the activity is carried on in accordance with prescribed conditions
  • Creates the ability to draft MMER-type regulations that are founded on preventing serious harm to fisheries, rather than deleterious substances

SECTION 36 – DELETERIOUS SUBSTANCES

  • General prohibition against the deposit of deleterious substances into water frequented by fish
  • The fish frequenting the water don't have to be part of a fishery, as in section 35
  • Deposits of deleterious substances may be authorized by regulation

Directions

  • The Minister may issue directions to anyone authorized to deposit a deleterious substance, (under the MMER for example), to monitor, operate equipment and report, in order to determine whether the deposit is occurring in the manner authorized
  • Section 36 administered by Environment Canada

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.