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What the Law Requires

What is the purpose of the Fisheries Act?

The Fisheries Act is federal legislation dealing with three fundamental subject matters:

• the proper management and control of the fisheries,
• the conservation and protection of fish and the protection of fish habitat, and
• the prevention of pollution.

It applies to all Canadian fisheries waters. The federal Minister of Fisheries and Oceans Canada (DFO) is responsible to Parliament for administering the Act, including its fish habitat related provisions.

Canada's Fisheries Act assigns Fisheries and Oceans the responsibility to administer and enforce the conservation and protection of fish habitat and applies to the whole of Canada, including private property in every province and territory. Section 34(1) defines fish habitat as "spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly to carry out their life processes."

The key provisions to conserve and protect fish habitat are found in what are known as the habitat protection and pollution prevention provisions and the decision-making powers and duties under these provisions remain an exclusive federal responsibility throughout Canada. Section 35 is the key habitat protection provision that prohibits the harmful alteration, disruption or destruction of fish habitat without an authorization from the Minister or through regulations under the Act.