Fisheries Act

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

  • (b) whether there is or is likely to be a deposit of a deleterious substance by reason of the work, undertaking or activity that constitutes or would constitute an offence under subsection 40(2) and what measures, if any, would prevent that deposit or mitigate its effects.

• (1.1) [Repealed, 2019, c. 14, s. 24]

• 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),

  • (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

  • (b) restrict the carrying on of the work, undertaking or activity.

  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:Regulations

  (3) The Governor in Council may make regulations

  • (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.

  • (c) [Repealed, 2019, c. 14, s. 24]

• 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.