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ARTICLE · 21 FEBRUARY 2014

Draft Regulations Released For Deposits Of Deleterious Substances Under The Fisheries Act

Osler, Hoskin & Harcourt LLP
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One of the most significant provisions in the federal Fisheries Act is the prohibition in section 36(3) against releasing deleterious substances into waters frequented by fish.

CanadaEnvironment
Martin Ignasiak
Martin Ignasiak
Sander Duncanson
Sander Duncanson
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One of the most significant provisions in the federal Fisheries Act is the prohibition in section 36(3) against releasing deleterious substances into waters frequented by fish. This prohibition has been interpreted broadly by the courts and may result in significant penalties even if an activity has been approved by Fisheries and Oceans Canada (DFO) and the applicable provincial regulators. On February 15, 2014, DFO released draft regulations under section 36 of the Fisheries Act to provide a framework for future Ministerial Regulations to permit deposits of deleterious substances in three circumstances:

  • to regulate aquaculture, aquatic pests and aquatic invasive species;
  • to allow for aquatic research; and

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