Canada

In Canada, the conservation and protection of fish and fish habitat is achieved under the authority of the federal Fisheries Act which is under the mandate of Fisheries and Oceans Canada.

The following sections of the Fisheries Act relate to the protection of fish habitat:

Section 35 - general prohibition of "harmful alteration, disruption or destruction" (HADD) of fish habitat (Subsection 35(1)). Any work or undertaking that results in HADD is a contravention of Subsection 35(1). Issuance of a Subsection 35(2) Authorization by DFO for the HADD is the only relief from this general prohibition. The 35(2) Authorization authorizes the HADD, not the project resulting in the HADD. The project itself does not need a 35(2) Authorization to proceed. However, if a HADD results and an Authorization has not been issued, the proponent may be guilty of an offence. Many proponents prefer to obtain an Authorization before they proceed considering the penalties for violating Subsection 35(1) include fines of up to $1,000,000, up to 6 months imprisonment, or a combination of both.

Section 20 - deals with fish passage around obstructions and two subsections deal with fishways. According to Subsection 20(1) the owner/occupier must provide for the safe passage of fish around an obstruction. The requirement for a fishway or canal is discretionary. When the Minister determines it is in the public's interest, the owner/occupier of the obstruction needs to provide a fishway. DFO has the option to include Section 20 requirements within a Section 35(2) Authorization.

Section 30 - Subsection 30(1) requires that every water intake, ditch, channel or canal constructed for irrigation, manufacturing or power generation has a fish guard or screen to exclude fish, if the Minister believes it is in the public interest. Under Subsection 30(2), the size of the screen is specified by the Minister, and the screen must be maintained in a manner satisfactory to the Minister.

Section 32 - prohibits the unauthorized killing of fish by means other than fishing. This section normally applies to the detonation of an explosive in or near water to kill fish. DFO's Guidelines for the Use of Explosives In or Near Water (1998) provide information to proponents who are proposing works or undertakings that involve the use of explosives in or near Canadian fisheries waters, and to which Sections 32 and 35 in particular, may apply. DFO has the option to include Section 32 requirements within a section 35(2) Authorization.
Section 36 - Subsection 36(3) prohibits the deposit of deleterious substances into water frequented by fish. Environment Canada is responsible for administering this subsection. Unlike Subsection 35(2), there is no provision to authorize the deposit of deleterious substances except by Regulation or an Order in Council. A deleterious substance is defined by the Fisheries Act as any substance that, if added to water, makes the water deleterious to fish or fish habitat or any water containing a substance in such quantity or concentration or has been changed by heat or other means, that if added to water makes that water deleterious to fish or fish habitat. Currently there are regulations that authorize the deposit of pulp and paper liquid effluent, metal mining liquid effluent, petroleum liquid effluent, and effluents from other industrial sectors.

Section 37 - Subsection 37(1) allows the Minister to request plans, specifications, studies or any other information that will allow the Minister to determine if the deposit of deleterious substances or a HADD is likely to occur. Subsection 37(2) empowers the Minister, after reviewing the plans, studies or other information requested under Section 37(1), to modify or add to the work or undertaking to avoid or mitigate the deposit of a deleterious substance or a HADD to fish habitat. Furthermore the Minister can restrict the operation of the work or undertaking and direct the closing of the work. Ministerial orders can only be made pursuant to a regulation or with the approval of the Governor in Council.

Fish Habitat Reviews and Authorizations

Metal Mining Effluent Regulations (MMER)

Policy for the Management of Fish Habitat

Species at Risk Act

DFO Practitioners Guide to Risk Management Framework for DFO Staff

Fish Habitat Management Risk Matrix �