Fisheries Act

Marginal note:Definitions

• 34 (1) The following definitions apply in this section and sections 34.1 to 42.5.

  deleterious substance

  deleterious substance means

  • (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or

  • (b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water,

  and without limiting the generality of the foregoing includes

  • (c) any substance or class of substances prescribed pursuant to paragraph (2)(a),

  • (d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and

  • (e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c); (substance nocive)

  deposit

  deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; (immersion ou rejet)

  designated project

  designated project means a project that is designated by regulations made under paragraph 43(1)(i.5) or that belongs to a class of projects that is designated by those regulations and that consists of works, undertakings or activities, including any works, undertakings or activities that the Minister designates to be associated with the project; (projet désigné)

  ecologically significant area

  ecologically significant area means an area designated by regulations made under subsection 35.2(2); (zone d’importance écologique)

  fish habitat

  fish habitat[Repealed, 2012, c. 19, s. 141]

  water frequented by fish

  water frequented by fish means Canadian fisheries waters. (eaux où vivent des poissons)

• Regulations for purpose of definition deleterious substance

  (2) The Governor in Council may make regulations prescribing

  • (a) substances and classes of substances,

  • (b) quantities or concentrations of substances and classes of substances in water, and

  • (c) treatments, processes and changes of water

  for the purpose of paragraphs (c) to (e) of the definition deleterious substance in subsection (1).

• Marginal note:Application — Designated project

  (3) Any provision of this Act that applies to works, undertakings or activities also applies to the works, undertakings or activities of a designated project, except paragraphs 34.4(2)(a) to (c) and (e) and 35(2)(a) to (c) and (e).