Changes To The Fisheries Act And Regulations To Come Into Force On November 25, 2013

Federal Bills C-38 and C-45, both of which received royal assent in 2012, made several noteworthy changes to the Fisheries Act, including:

• amendment to s. 35 of the Act such that rather than prohibiting harmful alteration, disruption or destruction of fish habitat (HADD), there will be a prohibition against carrying out works or activities that result in "serious harm" to fish (defined as the "death of fish or any permanent alteration to, or destruction of, fish habitat") that are part of a commercial, recreational or Aboriginal fishery;
• the conferral of broad powers under to the Governor in Council to create regulations exempting classes of works or activities from the s. 35 "serious harm" prohibition, which should reduce the number of s. 35(2) authorizations that are required for resource developments;