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Annex

The Legislative Mandate

Under the Constitution Act (1982), the federal government has legislative responsibility for Canada's fisheries. The Minister of Fisheries and Oceans has been assigned responsibility for sea coast and inland fisheries, marine science and administration of the Fisheries Act. A key component of the Minister's overall responsibility for fisheries management is the protection of fish and fish habitat from disruptive and destructive activities. Fisheries and oceanographic research provide, among their outputs, the knowledge required for sound fish habitat management.

The habitat protection provisions of the Fisheries Act provide the Minister of Fisheries and Oceans with the following powers (see the departmental publication of "Canada's Fish Habitat Law" for more information):

Sections 20, 21 and 22:

The authority to require the construction, maintenance and operation of fish passage facilities at obstructions in rivers; to require financial support for fish hatchery establishments constructed and operated to maintain runs of migratory fish; to remove unused obstructions to fish passage; and to require a sufficient flow of water at all times below an obstruction for the safety of fish and the flooding of spawning grounds.

Section 30:

The authority to require the installation and maintenance of screens or guards to prevent the passage of fish into water intakes, ditches, canals and channels.

Section 32:

The authority to prohibit the destruction of fish by any means other than fishing.

Section 37(2):

The authority to modify, restrict or prohibit any work or undertaking which is likely to result in the harmful alteration, disruption or destruction of fish habitat, a term that is defined in subsection 34(l) of the Act.

Section 37:

Comprehensive powers to protect fish and fish habitat from the discharge of deleterious substances; to request plans for developments that may affect fish; to develop regulations; and to modify, restrict or prohibit certain works or undertakings.

Other Sections:

Definitions, penalties and additional powers are provided in Sections 34(l), 35, 40, and 43, among others.

Fishery Regulations specific to provinces and territories are made pursuant to the Fisheries Act, and some of these contain habitat protection sections. The Department is also responsible for administration of the Great Lakes Fisheries Convention Act, which provides for Canada-U.S. rehabilitation of the Great Lakes.

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