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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