Be Aware of the Fisheries Act

The Fish Habitat Protection provisions of the federal Fisheries Act provide for the protection of fish habitat. The principle provision (section 35) states that no one may carry on any work or undertaking that results in the harmful alteration, disruption or destruction (HADD) of fish habitat, unless authorized to do so by the Minister of Fisheries and Oceans Canada.

Other provisions related to Fish Habitat Protection and Pollution Prevention are also worth noting, including those related to the prohibition of deleterious substances into fish-bearing waters (section 36) and fish passage (found in several sections).

Violations under the Fisheries Act can result in substantial fines and the risk of imprisonment. A violator may also be required to cover the costs of restoring the habitat and may be required to perform other court ordered remedies.