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ARTICLE · 22 FEBRUARY 2018

Back To The Future: Amendments To The Fisheries Act

McLennan Ross LLP
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On February 6, 2018, the Federal Government introduced proposed amendments to the Fisheries Act with Bill C-68 (the "Bill").

CanadaEnvironment
Sean Parker
Sean Parker
Ainslie Fowler
Ainslie Fowler
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On February 6, 2018, the Federal Government introduced proposed amendments to the Fisheries Act with Bill C-68 (the "Bill").  The Bill seeks to reverse several provisions of the current Fisheries Act that was amended in 2012 when the Harper government was in power. The Trudeau government states they are reversing the cuts made by the previous government to restore lost protections and incorporate new safeguards.

The Pre-2012 Fisheries Act

A significant feature of the pre-2012 Fisheries Act was that is protected fish habitat, including waters capable of supporting fish.  It was not required to prove that fish actually occupied the waters and that those waters contributed to fish habitat.  If water had the potential to be fish-bearing, then they were a protected fish habitat.

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