Notice

On June 29, 2012, the Fisheries Act was amended. Policy and regulations are now being developed to support the new fisheries protection provisions of the Act (which are not yet in force). The existing guidance and policies continue to apply. For more information, see Changes to the Fisheries Act.

On April 2nd, 2013 the Habitat Management Program's name was changed to the Fisheries Protection Program.

Contact information for regional offices of the Fisheries Protection Program has been updated.

Further updates to the Fisheries Protection Program Working Near Water website will be made over the coming months.

ARCHIVED - April 1, 2004 to March 31, 2005

4.0 Compliance and Enforcement of the Fish Habitat Protection Provisions of the Fisheries Act

The DFO, Conservation and Protection Program (C&P) is responsible for monitoring compliance with legislation and regulations regarding the conservation of fisheries resources and fish habitat. The Minister of Fisheries and Oceans appoints Fishery Officers to enforce fisheries regulations and management plans as well as the habitat provisions of the Fisheries Act.

4.1 Legislative Basis and Application of the Compliance and Enforcement

In addition to protecting fish habitat, Fishery Officers conduct at-sea patrols in coastal and inshore areas, monitor catches, conduct forensic investigations and audits, conduct inland patrols and provide information to fishers regarding government policies and regulations. The enforcement and compliance monitoring activities of Fishery Officers are key to protecting Canada's fish and fish habitat.

Measures to promote compliance include the following: communication of information; public education; consultation with parties affected by the habitat protection provisions of the Fisheries Act; and technical assistance as required.

Enforcement is achieved through the exercise or application of powers granted under legislation. Enforcement of habitat protection provisions is carried out through: inspections to monitor or verify compliance; investigations of alleged violations; the issuance of warnings, Inspector's Directions, Ministerial Orders, etc. without resorting to court action; and court actions such as injunctions, prosecution, court orders upon conviction and suits for recovery of costs.

The six Guiding Principles that govern the application of the Fisheries Act are identified in the Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act ⁴. The Policy, which was published in November 2001, was co-developed by DFO and EC.

The Guiding Principles are as follows:

• compliance with the habitat protection and pollution prevention provisions and their accompanying regulations is mandatory.
• compliance will be encouraged through communication with parties affected by the habitat protection and pollution prevention provisions.
• enforcement personnel will administer the provisions and regulations in a manner that is fair, predictable, and consistent. Rules, sanctions and processes securely founded in law will be used.
• enforcement personnel will administer the provisions and accompanying regulations with an emphasis on preventing harm to fish, fish habitat or human use of fish caused by physical alteration of fish habitat or pollution of waters frequented by fish. Priority for action to deal with suspected violations will be guided by:
  • the degree of harm to fish, fish habitat or human use of fish caused by physical alteration of fish habitat or pollution of waters frequented by fish, or the risk of that harm; and/or
  • whether or not the alleged offence is a repeat occurrence.
• enforcement personnel will take action consistent with this Compliance and Enforcement Policy.
• the public will be encouraged to report suspected violations of the habitat protection and pollution prevention provisions of the Fisheries Act.

4.2 Summary of DFO Habitat Enforcement Activities

Table 4: Summary of DFO Habitat Enforcement Activities Fiscal Year 2004-2005
REGION	Warnings Issued	Charges Laid
Newfoundland & Labrador	1	0
Maritimes	1	6
Gulf	0	2
Quebec	0	0
Central & Arctic	41	23
Pacific	30	15
TOTAL	73	46

 

4.3 Convictions Reported Under the Habitat Protection Provisions of the Fisheries Act

Table 5: Convictions Reported under the Habitat Protection Provisions of the Fisheries Act Fiscal Year 2004-2005
REGIONS	35(1)	36(3)	38(6)	TOTAL
Newfoundland & Labrador	2	0	0	2
Maritimes	0	0	0	0
Gulf	3	0	0	3
Quebec	0	0	0	0
Central & Arctic	10	2	1	13
Pacific	17	6	1	24
TOTAL	17	6	1	24

 

4.4 Summary of Convictions

Table 6a: Summary of Convictions Fiscal Year 2004-2005
Region	Newfoundland & Labrador
Province	Newfoundland & Labrador
Area	ENL
Waterbody	Brigus River
Section	35(1)
Project Description	Excavation in river/siltation
Conviction Date	15-Feb-05
Fine	$5,000
Sentence details	$2,000 for general deterrent, $3,000 court order for conservation & protection of fish habitat

 

Table 6b: Summary of Convictions Fiscal Year 2004-2005
Region	Newfoundland & Labrador
Province	Newfoundland & Labrador
Area	ENL
Waterbody	Brigus River
Section	35(1)
Project Description	Excavation in river/siltation
Conviction Date	05-Oct-05
Fine	$1,000
Sentence details

 

Table 6c: Summary of Convictions Fiscal Year 2004-2005
Region	Gulf
Province	Nova Scotia
Area	GNS
Waterbody	Mattatall Lake
Section	35(1)
Project Description	Sea rock blasting and removal
Conviction Date	19-May-04
Fine	$1,000
Sentence details	In addition to fine, $130,000 for assessment, restoration and enhancement of lobster habitat in the area. $15,000 for conduct of educational seminars.

 

Table 6d: Summary of Convictions Fiscal Year 2004-2005
Region	Gulf
Province	Nova Scotia
Area	GNS
Waterbody	Northumberland Strait
Section	35(1)
Project Description
Conviction Date	21-Jun-04
Fine	$35,000
Sentence details	;

 

Table 6e: Summary of Convictions Fiscal Year 2004-2005
Region	Gulf
Province	New Brunswick
Area	ENB
Waterbody	Nicholas River
Section	35(1)
Project Description	Siltation into river from mill
Conviction Date	25-Oct-04
Fine	$1,000
Sentence details

 

Table 6f: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Hogg's Bay (Midland)
Section	38(6)
Project Description	Shoreline work/cement
Conviction Date	14-Oct-04
Fine	$1,000
Sentence details	The fine will was directed towards the Severn Sound Environmental Association. Restoration activities before the guilty plea were undertaken at a cost of about $50,000

 

Table 6g: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Little Lake Joseph
Section	35(1)
Project Description	Shoreline work/cement
Conviction Date	24-Jul-04
Fine	$1,500
Sentence details	Site was also restored and concrete removed.

 

Table 6h: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Muskoka River (Bracebridge)
Section	36(3)
Project Description	Road/Bridge construction
Conviction Date	01-Oct-04
Fine	$25,000
Sentence details	The fine was directed a study of the Muskoka watershed.

 

Table 6i: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Wabigoon Lake
Section	35(1)
Project Description	Shoreline stabilization
Conviction Date	02-Dec-04
Fine	$12,500
Sentence details	Accused was ordered to restore the shoreline and habitat.

 

Table 6j: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Soper Creek (Whitby)
Section	35(1)
Project Description	Creek destroyed by removal of trees
Conviction Date	16-Dec-04
Fine	$6,000
Sentence details	$4,000 of the fine went towards restoration of fish habitat in the Soper Creek watershed. The site of the offence was rehabilitated by the company at a cost of $50,000.

 

Table 6k: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Manitoba
Area	Prairies
Waterbody	Assiniboine River
Section	35(1)
Project Description	Agricultural
Conviction Date	12-Jan-05
Fine	$7,500
Sentence details

 

Table 6l: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Little Lake (Blind River)
Section	35(1)
Project Description	Culvert installation
Conviction Date	21-Jan-05
Fine	$3,000
Sentence details

 

Table 6m: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Georgian Bay (Midland)
Section	35(1)
Project Description	Removal of rocks
Conviction Date	16-Dec-04
Fine	$1,000
Sentence details	Proceeds of fine will go to restoration of Severn Sound fish habitat. Accused spent $45,000 restoring the site.

 

Table 6n: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Lake Consecon (Picton)
Section	35(1)
Project Description	Construction of cement wall
Conviction Date	14-Jul-04
Fine	$0
Sentence details	Accused paid for the removal of the cement wall and other repair of fish habitat.

 

Table 6o: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	St. Lawrence River (Kingston)
Section	35(1)
Project Description	Built dock which exceeded limits set by the authorization.
Conviction Date	26-Nov-04
Fine	$5,000
Sentence details	The site was restored by the accused at an estimated cost of $12,000.

 

Table 6p: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Lake Huron (Gore Bay, Ont)
Section	36(3)
Project Description
Conviction Date	14-Oct-04
Fine	$10,000
Sentence details	5 accused fined $2,000 each. Prior to the conviction, the accused had spent more than $100,000 to stabilize the site.

 

Table 6q: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Big Otter Creek (Woodstock)
Section	35(1)
Project Description	Dam/culvert construction
Conviction Date	18-Feb-05
Fine	$20,000
Sentence details	$16,000 of the fine was directed to Long Point Region Conservation Authority. Restoration work cost the accused $60,000.

 

Table 6r: Summary of Convictions Fiscal Year 2004-2005
Region	Central & Arctic
Province	Ontario
Area	OGLA
Waterbody	Six Mile Lake (Bracebridge)
Section	35(1)
Project Description
Conviction Date	10-Feb-05
Fine	$5,000
Sentence details	Voluntary restoration cost the accused $4,000.

 

Table 6s: Summary of Convictions Fiscal Year 2004-2005
Region	Pacific
Province	British Columbia
Area	South Coast
Waterbody	Gibsons Harbour
Section	36(3)
Project Description	Fuel spill/dump
Conviction Date	20-Sep-04
Fine	$500
Sentence details	$2,500 for Habitat enforcement

 

Table 6t: Summary of Convictions Fiscal Year 2004-2005
Region	Pacific
Province	British Columbia
Area	North Coast
Waterbody	Sumgas Creek
Section	35(1)
Project Description	Excavation and dredging in river/siltation
Conviction Date	27-Sep-04
Fine	$1,000
Sentence details	$60,000 order, $10,000 mitigation works on Sumgas Creek, $5,000 order of assessment.

 

Table 6u: Summary of Convictions Fiscal Year 2004-2005
Region	Pacific
Province	British Columbia
Area	Central Coast
Waterbody	Cordero Channel
Section	36(3)
Project Description	Diesel oil spill
Conviction Date	24-Nov-04
Fine	$500
Sentence details	$500 to Receiver General and $12,000 to Gillard Pass Fisheries Association for fish enhancement in the Stuart Island area.

 

Table 6v: Summary of Convictions Fiscal Year 2004-2005
Region	Pacific
Province	British Columbia
Area	Central Coast
Waterbody	Cordero Channel
Section	36(3)
Project Description	Diesel oil spill
Conviction Date	24-Nov-04
Fine	$500
Sentence details	$500 to Receiver General and $10,000 to Gillard Pass Fisheries Association for fish enhancement in the Stuart Island area.

 

Table 6w: Summary of Convictions Fiscal Year 2004-2005
Region	Pacific
Province	British Columbia
Area	British Columbia Interior
Waterbody	Quesnel River
Section	36(3)
Project Description	Sewer line leak into river.
Conviction Date	01-Dec-04
Fine	$1,000
Sentence details	$1,000 fine and $19,000 to be split equally between Environment Canada and DFO for conservation and protection of fish habitat on Quesnel River.

 

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4. The full text of the Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act