Section
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Intent
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The Minister may require fishways to
be constructed. |
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The Minister may authorise payment,
order construction or removal or require fish stops or diverters for fishways. |
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The Minister may require sufficient
flow of water for the safety of fish and flooding of spawning grounds as
well as free passage of fish during construction. |
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Prohibits obstruction of fish passage
through channels, rivers and streams. Also, the Minister may authorise
devices to prevent the escape of fish. |
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Prohibits the damage or obstruction
of fishways, the impediment of fish to fishways and nearby fishing. |
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Prohibits the use of explosives to
hunt or kill fish. |
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The Minister may require fish guards
or screens to prevent the entrainment of fish at any water diversion or
intake. |
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Prohibits the destruction of fish by
any means other than fishing. |
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Definitions used throughout sections
35 to 42. |
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Prohibits works or undertakings that
may result in harmful alteration, disruption or destruction of fish habitat,
unless authorised by the Minister or under regulations. |
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Prohibits the deposit of deleterious
substances into waters frequented by fish, unless authorised under regulations. |
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The Minister may request plans and
specifications for works or undertakings that might affect fish or fish
habitat. The Minister may, by regulations or with Governor-in-Council approval,
make orders to restrict or close works or undertakings that may harmfully
alter fish habitat or lead to the deposit of deleterious substances. |
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Gives the Minister the authority to
appoint inspectors and analysts and describes inspectors’ powers,
including entry, search and the power to direct preventive, corrective
or cleanup measures. Provides for regulations that require reporting of
abnormal deposits of a deleterious substance or substances that occur in
contravention of the general prohibition, regulations or site-specific
authorisations. |
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Sets out penalties in case of a contravention
of: sections 35 or 36; failing to provide information or to undertake a
project in compliance with s.37; or failing to make a report or to otherwise
comply with s.38. |
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Those causing the deposit of deleterious
substances in waters frequented by fish are liable for costs incurred by
Her Majesty. Also, the Minister shall prepare an annual report on administration
and enforcement of the fish habitat protection and pollution prevention
provisions of the Fisheries Act as well as a statistical summary of convictions
under s.40. |
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The Governor in Council may make regulations
for carrying out the purposes and provisions of the Fisheries Act, including
habitat protection and pollution prevention. |
