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

Marginal note:2012, c. 19, s. 144(2)

• 24 (1) The portion of subsection 37(1) of the Act before paragraph (b) is replaced by the following:

  Marginal note:Minister may require plans and specifications

  • 37 (1) If a person carries on or proposes to carry on any work, undertaking or activity that results or is likely to result in the death of fish, in the harmful alteration, disruption or destruction of fish habitat or in the deposit of a deleterious substance in water frequented by fish or in any place under any conditions where that deleterious substance or any other deleterious substance that results from the deposit of that deleterious substance may enter any such waters, the person shall, on the request of the Minister — or without request in the manner and circumstances prescribed by regulations made under paragraph (3)(a) — provide him or her with any documents — plans, specifications, studies, procedures, schedules, analyses, samples, evaluations — and any other information relating to the work, undertaking or activity, or to the water, place, fish or fish habitat that is or is likely to be affected by the work, undertaking or activity, that will enable the Minister to determine

    • (a) whether the work, undertaking or activity results or is likely to result in the death of fish that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that death or mitigate the extent of death;

    • (a.1) whether the work, undertaking or activity results or is likely to result in the harmful alteration, disruption or destruction of fish habitat that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that result or mitigate its effects; or

• Marginal note:2012, c. 19, s. 144(2)

  (2) Paragraph 37(1)(b) of the French version of the Act is replaced by the following:

  • b) si l’ouvrage, l’entreprise ou l’activité entraîne ou entraînera vraisemblablement l’immersion ou le rejet d’une substance en contravention avec l’article 36 et quelles sont les mesures éventuelles à prendre pour prévenir ou atténuer les dommages qui en découlent.

• Marginal note:2012, c. 19, s. 144(2)

  (3) Subsection 37(1.1) of the Act is repealed.

• Marginal note:2012, c. 19, s. 144(2)

  (4) The portion of subsection 37(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Powers of Minister

    (2) If, after reviewing any document and other information provided under subsection (1) and affording the persons who provided it a reasonable opportunity to make representations, the Minister is of the opinion that an offence under subsection 40(1) or (2) is being or is likely to be committed, he or she may, by order, subject to regulations made under paragraph (3)(b),

• Marginal note:2012, c. 19, s. 144(2)

  (5) Paragraph 37(2)(a) of the English version of the Act is replaced by the following:

  • (a) require any modifications or additions to the work, undertaking or activity or any modifications to any plans, specifications, procedures or schedules relating to it that the Minister considers necessary in the circumstances, or

• Marginal note:2012, c. 19, s. 144(2)

  (6) The portion of subsection 37(2) of the Act after paragraph (b) is replaced by the following:

  The Minister may personally direct the closing of the work or undertaking or the ending of the activity for any period that he or she considers necessary in the circumstances.

• Marginal note:2012, c. 19, ss. 144(4), (5)(F) and (6)

  (7) Paragraphs 37(3)(a) to (c) of the Act are replaced by the following:

  • (a) prescribing the manner and circumstances in which any document or other information is to be provided to the Minister without request under subsection (1); and

  • (b) prescribing the manner and circumstances in which the Minister may make orders under subsection (2) and the terms of the orders.

• (8) Subsections 37(4) and (5) of the Act are replaced by the following:

  • Marginal note:Consultation

    (4) If the Minister proposes to make an order under subsection (2), he or she shall offer to consult with the governments of any provinces that he or she considers to be interested in the proposed order and with any departments or agencies of the Government of Canada that he or she considers appropriate.

  • Marginal note:Exception

    (5) Nothing in subsection (4) prevents the Minister from making an interim order under subsection (2) without the offer of consultation referred to in subsection (4) if he or she considers that immediate action is necessary.

  • Marginal note:Statutory Instruments Act

    (6) Orders made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

Marginal note:2012, c. 19, s. 145(1)

• 25 (1) Subsection 38(1) of the Act is replaced by the following:

  Marginal note:Power to designate

  • 38 (1) The Minister may designate persons or classes of persons as inspectors for the purposes of the administration and enforcement of this Act and may limit in any manner he or she considers appropriate the powers that an inspector may exercise under this Act.

• Marginal note:2012, c. 19, s. 145(2)

  (2) Subparagraph 38(3)(b)(i) of the Act is replaced by the following:

  • (i) the death of fish,

  • (i.1) the harmful alteration, disruption or destruction of fish habitat, or

• Marginal note:2012, c. 19, s. 145(3)

  (3) The portion of subsection 38(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Duty to notify — serious harm to fish

    (4) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of an occurrence that results in serious harm to fish that are part of a commercial, recreational or Indigenous fishery, or to fish that support such a fishery, that is not authorized under this Act, or of a serious and imminent danger of such an occurrence, if the person at any material time

• (4) The portion of subsection 38(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Duty to notify — death of fish

    (4) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of the death of fish that is not authorized under this Act, or of a serious and imminent danger of such occurrence, if the person at any material time

• Marginal note:2012, c. 19, ss. 145(1), (3) and 4(F)

  (5) Paragraphs 38(4)(a) and (b) of the French version of the Act are replaced by the following:

  • a) la personne qui est responsable, à titre de propriétaire ou autrement, de l’ouvrage, de l’entreprise ou de l’activité à l’origine de l’évènement effectif ou fort probable et imminent;

  • b) celle qui est à l’origine de l’évènement effectif ou fort probable et imminent, ou y contribue.

• (6) Section 38 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Duty to notify — harmful alteration, disruption or destruction of fish habitat

    (4.1) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of a harmful alteration, disruption or destruction of fish habitat that is not authorized under this Act, or of a serious and imminent danger of such an occurrence, if the person at any material time

    • (a) owns or has the charge, management or control of the work, undertaking or activity that resulted in the occurrence or the danger of the occurrence; or

    • (b) causes or contributes to the occurrence or the danger of the occurrence.

• Marginal note:2012, c. 19, s. 145(1)

  (7) The portion of subsection 38(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Duty to notify — deleterious substance

    (5) If there occurs a deposit of a deleterious substance in water frequented by fish that is not authorized under this Act, or if there is a serious and imminent danger of such an occurrence, and detriment to fish habitat or fish or to the use by humans of fish results or may reasonably be expected to result from the occurrence, then every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations if the person at any material time

• Marginal note:2012, c. 19, s. 145(1)

  (8) Subsection 38(6) of the Act is replaced by the following:

  • Marginal note:Duty to take corrective measures

    (6) Any person described in paragraph (4)(a) or (b), (4.1)(a) or (b) or (5)(a) or (b) shall, as soon as feasible, take all reasonable measures consistent with public safety and with the conservation and protection of fish and fish habitat to prevent the occurrence or to counteract, mitigate or remedy any adverse effects that result from the occurrence or might reasonably be expected to result from it.

• Marginal note:2012, c. 19, s. 145(1)

  (9) Subsection 38(7) of the Act is replaced by the following:

  • Marginal note:Report

    (7) As soon as feasible after the occurrence or after learning of the danger of the occurrence, the person shall provide an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations with a written report on the occurrence or danger of the occurrence.

• Marginal note:2012, c. 19, s. 145(1)

  (10) Subsection 38(7.1) of the Act is replaced by the following:

  • Marginal note:Corrective measures

    (7.1) If an inspector or fishery officer, whether or not they have been notified under subsection (4), (4.1) or (5) or provided with a report under subsection (7), is satisfied on reasonable grounds that immediate action is necessary in order to take any measures referred to in subsection (6), the inspector or officer may, subject to subsection (7.2), take any of those measures at the expense of any person described in paragraph (4)(a) or (b), (4.1)(a) or (b) or (5)(a) or (b) or direct that person to take the measures at their expense.

• Marginal note:2012, c. 19, s. 145(1)

  (11) Paragraph 38(9)(a) of the Act is replaced by the following:

  • (a) the authority for the purposes of subsection (4), (4.1) or (5), the manner in which the notification under those subsections is to be made, the information to be contained in the notification and the circumstances in which no notification need be made;

• (12) Subsections 38(11) to (13) of the Act are repealed.