Bill C-62
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Repeal
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(2) Paragraph (1)(i) is repealed on a day to
be fixed by order of the Governor in Council.
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PART II |
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FISH HABITAT CONSERVATION AND PROTECTION, AND POLLUTION PREVENTION |
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Interpretation |
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Definitions
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42. In this Part,
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``deleterious
substance'' « substance nocive »
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``deleterious substance'' means
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``deposit'' « immersion » ou « rejet »
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``deposit'' means any discharging, spraying,
releasing, spilling, leaking, seeping, pour
ing, emitting, emptying, throwing, dump
ing or placing;
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``fish habitat'' « habitat du poisson »
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``fish habitat'' means spawning grounds and
nursery, rearing, food supply, migration and
any other areas on which fish depend direct
ly or indirectly in order to carry out their life
processes;
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``obstruction'' « obstacle »
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``obstruction'' means any slide, dam or other
obstruction impeding the free passage of
fish;
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``waters
frequented by
fish'' « eaux où vivent des poissons »
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``waters frequented by fish'' means all Cana
dian waters and all waters in the exclusive
economic zone of Canada.
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Obstructions, Fish-ways and other Structures |
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Removal of
obstructions
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43. (1) Where the Minister determines that
the removal of an obstruction or any thing that
is detrimental to fish or fish habitat is neces
sary for the safe passage of fish or the
protection of fish or fish habitat, the owner or
occupier of the obstruction or thing shall, at
the direction of the Minister, remove the
obstruction or thing within the period ap
proved by the Minister.
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Removal or
destruction by
Minister
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(2) Notwithstanding subsection (1), the
Minister may remove or destroy the obstruc
tion or thing without liability to or indemnifi
cation of the owner or occupier if the owner or
occupier
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Recovery of
costs
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(3) Her Majesty in right of Canada may, in
the circumstances referred to in paragraph
(2)(a), recover the costs of removal or destruc
tion from the owner or occupier.
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Construction
of fish-way,
etc.
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44. (1) Where the Minister determines that,
at the site of a proposed or existing obstruction
across or in any stream,
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the owner, occupier or proponent of the ob
struction shall, at the direction of the Minister,
construct a fish-way or canal, or install fish-
stops or diverters, within the period and in ac
cordance with any specifications approved by
the Minister.
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Maintenance
and
modifications
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(2) The person referred to in subsection (1)
shall
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Fish hatchery
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(3) Where the Minister determines that a
fish-way or canal around a proposed or
existing obstruction is not feasible, the person
referred to in subsection (1) shall, at the
direction of the Minister, construct, operate
and maintain a fish hatchery within the period
and in accordance with any specifications
approved by the Minister.
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Prohibitions
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(4) No person shall
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Fish guards,
screens, etc.
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45. (1) Where the Minister determines that
a fish guard, a screen, a covering or netting is
required to prevent the passage of fish into any
existing or proposed water intake, ditch,
channel or canal, the owner, occupier or
proponent of the water intake, ditch, channel
or canal shall, at the direction of the Minister,
install the fish guard, screen, covering or
netting within the period and in accordance
with any specifications approved by the
Minister.
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Maintenance
and
modifications
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(2) A person referred to in subsection (1)
shall
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Removal
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(3) A person referred to in subsection (1)
may remove or permit the removal of a fish
guard, a screen, a covering or netting if the
removal is required for maintenance or modi
fication.
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Closure of
gate
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(4) When removing a fish guard, a screen,
a covering or netting, a person referred to in
subsection (1) shall take measures to prevent
fish from entering the water intake, ditch,
channel or canal, including closing any sluice
or gate at the entrance.
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Supply of
water flow
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46. (1) The owner or operator of a fish-way
or canal shall keep it open, unobstructed and
supplied with a flow of water necessary to
provide for the free passage of fish during any
period specified by the Minister and, where
leaks in a dam cause a fish-way to be
inefficient, the Minister may require the
owner or occupier of the dam to repair the
leaks.
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Water flow
during
construction
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(2) During the construction of an obstruc
tion, fish-way or canal, the owner or occupier
of the obstruction, fish-way or canal shall, at
the direction of the Minister, make any
provision that the Minister considers neces
sary for the free passage of ascending or
descending fish.
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Water flow
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(3) The owner or occupier of every obstruc
tion shall maintain a sufficient flow of water
into the river below, and shall maintain such
level and flow of water over the spillway or
crest with connecting sluices into the river
below as the Minister considers necessary to
provide for the safe and unimpeded passage of
fish and for sufficient flooding and protection
of fish habitat.
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Specifications
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(4) For the purposes of subsections (1) to
(3), the Minister may specify such characteris
tics of the water and water flow as the Minister
considers necessary for the conservation and
protection of the fish and fish habitat, includ
ing
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Costs of
removal, etc.
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47. (1) Any removal, construction, installa
tion, operation, maintenance, modification or
repair required pursuant to sections 43 to 46
shall be at the cost of the owner, occupier,
operator or proponent, as the case may be.
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Security
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(2) Where the Minister gives a direction
under section 44 or 45, the Minister may
require the owner, occupier or proponent of an
existing or proposed obstruction, water intake,
ditch, channel or canal to deposit a sum or
sums of money as security for the construc
tion, installation, modification, completion,
operation or maintenance of the structure
referred to in that section.
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Minister
performs
action
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(3) In the event that the owner, occupier or
proponent referred to in subsection (2) fails to
construct, install, modify, complete, operate
or maintain the structure referred to in section
44 or 45 within the period specified, the
Minister may perform the action and may
authorize any person to enter on the premises
with the necessary workers, equipment and
materials to perform that action.
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Money
forfeited
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(4) The security deposited under subsection
(2) shall be forfeited to Her Majesty in right of
Canada to cover any costs that are incurred by
the Minister in relation to the performance of
the action, and any excess money that is not
required to perform the action shall be re
turned immediately to the owner, occupier or
proponent.
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Protection of Fish Habitat |
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Minister may
require plans
and
specifications
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48. (1) Where a person carries on or
proposes to carry on either a prescribed
project, or any other work, activity or under
taking that results or is likely to result in the
alteration, disruption or destruction of fish
habitat, or in the deposit of a deleterious
substance in waters frequented by fish or in
any place under any conditions where that
deleterious substance or any other deleterious
substance that results from the deposit of that
deleterious substance may enter any such
waters, the person shall, on the request of the
Minister or without request in the prescribed
manner and circumstances, provide the Minis
ter with such plans, specifications, studies,
procedures, schedules, analyses, samples or
other information relating to the project or
other work, activity or undertaking and with
such analyses, samples, evaluations, studies
or other information relating to the waters,
place or fish habitat that is or is likely to be
affected by the project or other work, activity
or undertaking as will enable the Minister to
determine
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Powers of
Minister
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(2) If, after reviewing any information
provided under subsection (1) and affording
the persons who provided it a reasonable
opportunity to make representations, the Min
ister is of the opinion that a contravention of
subsection 49(1) or (2) or 50(1) is being or is
likely to be committed, the Minister may, by
order, subject to the regulations,
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Consultation
with
provinces
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(3) Except where the Minister considers
that immediate action is necessary, the Minis
ter shall, before making an order pursuant to
subsection (2), provide a reasonable opportu
nity for the governments of any provinces that
the Minister considers to be interested and any
departments or agencies of the Government of
Canada that the Minister considers appropri
ate to make representations with respect to the
proposed order.
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Statutory
Instruments
Act
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(4) Orders made under subsection (2) are
exempt from the application of sections 3, 5
and 11 of the Statutory Instruments Act.
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Alteration,
etc., of fish
habitat
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49. (1) No person shall harmfully alter,
disrupt or destroy fish habitat except
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Permit
required for
prescribed
project
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(2) No person shall undertake a prescribed
project in or near waters frequented by fish
other than in accordance with a permit issued
under subsection (3).
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Issuance of
permit
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(3) After reviewing any information pro
vided under subsection 48(1), the Minister
may issue a permit to undertake a prescribed
project and may attach to the permit any terms
or conditions that the Minister considers
necessary for the conservation and protection
of fish habitat.
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Deposit of
deleterious
substance
prohibited
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50. (1) Subject to subsection (2), no person
shall deposit or permit the deposit of a
deleterious substance of any type in waters
frequented by fish or in any place under any
conditions where the deleterious substance or
any other deleterious substance that results
from the deposit of the deleterious substance
may enter any such waters.
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Deposits
authorized by
regulation
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(2) No person contravenes subsection (1) by
depositing or permitting the deposit in any
waters or place of
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Directions by
the Minister
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(3) A person authorized to deposit a delete
rious substance by or under the regulations
made under this Part shall, when directed by
the Minister, notwithstanding those regula
tions or any conditions set out in an authoriza
tion made under those regulations, conduct
such sampling, analyses, tests, measurements
or monitoring, install or operate such equip
ment or comply with such procedures, and
provide such information, as may be required
by the Minister in order to determine whether
the person is depositing the deleterious sub
stance in the authorized manner.
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