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ARTICLE · 09 MAY 2014

New Fisheries Act Regulation Anticipates Streamlining With Provincial Approvals‎

Blake, Cassels & Graydon LLP
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The federal cabinet granted the Minister of Fisheries and Oceans the power to issue regulations allowing certain deposits of deleterious substances.

CanadaEnvironment
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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On April 10, 2014, the federal cabinet granted the Minister of Fisheries and Oceans the power to issue regulations allowing certain deposits of deleterious substances, provided they are authorized under other federal or provincial laws or guidelines. This may turn out to be one of the most significant actions arising from changes made to the Fisheries Act in 2012.

The Fisheries Act contains a broad prohibition on the deposit of deleterious substances in fish-bearing waters across Canada. One of the challenges with this provision has been the inability to obtain authorizations for activities which caused deposits, even under stringent conditions. This was because the narrow language in the statute effectively only provided for authorizations under industry-specific regulations, such as for the pulp and paper and mining sectors.

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