| Section |
Intent |
| 20 |
The Minister may require fish‑ways to be constructed. |
| 21 |
The Minister may authorize payment, order construction or removal or
require fish stops or diverters for fish‑ways. |
| 22 |
The Minister may require sufficient flow of water for the safety of
fish and flooding of spawning grounds as well as free passage of fish
during construction. |
| 26 |
Prohibits obstruction of fish passage through channels, rivers and
streams. Also, the Minister may authorize devices to prevent the
escape of fish. |
| 27 |
Prohibits the damage or obstruction of fish‑ways, the impediment of
fish to fish‑ways and nearby fishing. |
| 28 |
Prohibits the use of explosives to hunt or kill fish. |
| 30 |
The Minister may require fish guards or screens to prevent the
entrainment of fish at any water diversion or intake. |
| 32 |
Prohibits the destruction of fish by any means other than fishing. |
| 34 |
Definitions used throughout
sections 35
to 42. |
| 35 |
Prohibits works or undertakings that may result in harmful
alteration, disruption or destruction of fish habitat, unless
authorized by the Minister or under regulations. |
| 36 |
Prohibits the deposit of deleterious substances into waters
frequented by fish, unless authorized under regulations. |
| 37 |
The Minister may request plans and specifications for works or
undertakings that might affect fish or fish habitat. The Minister
may, by regulations or with Governor‑in‑Council approval,
make orders to restrict or close works or undertakings that may
harmfully alter fish habitat or lead to the deposit of deleterious
substances. |
| 38 |
Gives the Minister the authority to appoint inspectors and analysts
and describes inspectors’ powers, including entry, search and
the power to direct preventive, corrective or cleanup measures.
Provides for regulations that require reporting of abnormal deposits
of a deleterious substance or substances that occur in contravention
of the general prohibition, regulations or site‑specific
authorizations. |
| 40 |
Sets out penalties in case of a contravention of:
sections 35
or 36; failing to provide information
or to undertake a project in compliance with
section 37; or failing to make
a report or to otherwise comply with
section 38. |
| 42 |
Those causing the deposit of deleterious substances in waters
frequented by fish are liable for costs incurred by Her Majesty.
Also, the Minister shall prepare an annual report on administration
and enforcement of the fish habitat protection and pollution
prevention provisions of the Fisheries Act as well as
a statistical summary of convictions under
section 42.1. |
| 43 |
The Governor in Council may make regulations for carrying out the
purposes and provisions of the Fisheries Act,
including habitat protection and pollution prevention. |
