On June 21, 2019, Bill C-68, the Amended Fisheries Act, received
Royal Assent and became law. The most significant change to the Act
is reflected in subsection 2.1(b) of the new purpose clause:
2.1 The purpose of this Act is to provide a framework
for
(a) the proper management and control of fisheries; and
(b) the conservation and protection of fish and fish
habitat, including by preventing pollution.
It is arguable that because the previous version of the Act
limited protection to fish and fish habitat that were part of a
"commercial, recreational or Aboriginal fishery", its
purpose was limited to subsection 2.1(a): the "management and
control of fisheries".
Before the Bill C-68 amendments, section 35 prohibited
unauthorized activities that resulted in "serious harm
(defined as: "death of fish or any permanent alteration to, or
destruction of, fish habitat") to fish that are part of a
commercial, recreational or Aboriginal fishery".
