An Act to amend the Fisheries Act and other Acts in consequence (S.C. 2019, c. 14)

Marginal note:Designated project

• 35.1 (1) The Minister may designate, as a work, undertaking or activity that is associated with a designated project, any work, undertaking or activity that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Work, undertaking or activity designated by Minister

  (2) The Minister shall designate any work, undertaking or activity that is part of a designated project and that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Issuance of permit

  (3) The Minister may issue a permit to carry on any work, undertaking or activity designated under subsection (2) and attach any conditions to it.

• Marginal note:Prohibition

  (4) No person shall carry on any work, undertaking or activity that is designated under subsection (2) except in accordance with a permit issued under subsection (3).

• Marginal note:Amendment, suspension or cancellation

  (5) The Minister may amend, suspend or cancel a permit issued under subsection (3).

Marginal note:Ecologically significant area

• 35.2 (1) No person shall carry on a work, undertaking or activity prescribed under paragraph (10)(a) or that belongs to a prescribed class under that paragraph, in an ecologically significant area except in accordance with an authorization issued under subsection (7).

• Marginal note:Designation — ecologically significant area

  (2) The Governor in Council may, on the recommendation of the Minister, make regulations designating ecologically significant areas.

• Marginal note:Requirement to provide information

  (3) Any person who proposes to carry on a work, undertaking or activity referred to in subsection (1) in an ecologically significant area shall provide the Minister with any document and other information that is required by regulation in respect of the prescribed work, undertaking or activity, or the water, place, fish or fish habitat that is likely to be affected by the prescribed work, undertaking or activity.

• Marginal note:Request for additional information

  (4) Regulations made for the purpose of subsection (3) do not prevent the Minister from requesting additional information that he or she considers necessary in the circumstances.

• Marginal note:Compliance with request

  (5) Every person who is required to provide any additional information must provide it within the time and in the manner that the Minister specifies.

• Marginal note:Extension of time

  (6) The Minister may, on request in writing from any person who is required to provide any additional information, extend the specified time.

• Marginal note:Powers of Minister

  (7) If the Minister is satisfied, after having reviewed any document and other information provided under subsection (3) or (4), that avoidance and mitigation measures may be implemented to achieve the prescribed objectives for the conservation and protection of fish and fish habitat, he or she may authorize, subject to the regulations made under subsection (10), the carrying on of the work, undertaking or activity referred to in subsection (1) in an ecologically significant area, on any conditions that he or she considers appropriate.

• Marginal note:Amendment, suspension or cancellation — authorization

  (8) The Minister may amend, suspend or cancel an authorization issued under subsection (7).

• Marginal note:Fish habitat restoration plan

  (9) The Minister shall, as soon as feasible, prepare a fish habitat restoration plan for an ecologically significant area, if he or she is of the opinion that fish habitat restoration in that ecologically significant area is required in order to meet any prescribed objectives for the conservation and protection of fish and fish habitat.

• Marginal note:Regulations

  (10) The Governor in Council may, on the Minister’s recommendation, make regulations

  • (a) prescribing works, undertakings or activities or classes of works, undertakings or activities, for the purposes of this section;

  • (b) respecting any document or other information that is required to be provided under subsection (3), including the manner in which and the time within which it is to be provided;

  • (c) respecting the objectives for the conservation and protection of fish and fish habitat in an ecologically significant area;

  • (d) prescribing works, undertakings or activities or classes of works, undertakings or activities that the Minister shall not authorize under paragraphs 34.4(2)(b) and 35(2)(b) to be carried on in an ecologically significant area;

  • (e) prescribing conditions under which and requirements subject to which the Minister may issue an authorization under subsection (7);

  • (f) respecting the manner and circumstances relating to the amendment, suspension or cancellation of an authorization referred to in subsection (7); and

  • (g) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection (7).