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The Fisheries Act

The Fisheries Act is federal legislation governing the management of fisheries and the protection of fish habitat (including both physical habitat and water quality) in Canada.  This page focuses on the water quality provisions of the Act.  To learn more about the physical habitat provisions of the Fisheries Act, click here.  (To see the full version of the Fisheries Act, click here.) 

Water Quality Protection

The Fisheries Act prohibits the deposit of deleterious (toxic or harmful) substances into fish-frequented waters or in a place or under any conditions where it may enter fish-frequented waters (see Section 36(3) of the Fisheries Act). This means that it is unlawful to deposit a harmful substance either directly into a fish-bearing stream, or into a place like the top of a bank or a storm drain that leads to a fish-bearing stream.

What is a deleterious substance?

A substance is deleterious if it is harmful to fish, if it limits the use of fish by humans (for example contamination of fish by dioxins or shellfish by E. coli), or if by going through some process of degradation, it harms the water quality (for example, oxygen-depleting wastes).  A substance is also deleterious if it exceeds a level prescribed by regulation.

Some examples of substances that can kill fish are:

  • pesticides;

  • petroleum products;

  • concrete wash-water;

  • chlorinated water (e.g. from swimming pools);

  • cleaning supplies like bleach and detergents;

  • wood preservatives;

  • heavy metals.

 

Photo montage of pollution

 

Other substances can cause conditions that are lethal to fish. For example, when animal manure or other organic material like food processing wastes decompose, they can deplete the dissolved oxygen in the water, and in so doing suffocate fish and other aquatic organisms.

Yet other substances, or non-acutely lethal levels of the above substances, can also be considered deleterious if, for instance, they impair a fish's ability to reproduce, to capture its food, to make the transition from freshwater to the sea, or if they cause a fish to be more susceptible to disease or predation.

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Penalties

1st Offence:

Maximum fine of $300,000.
 

2nd Offence:

Maximum fine of $1,000,000 and/or 6 months jail time.

Other:

The Fisheries Act also includes other sections that allow for "creative sentencing" (Section 79.2).  For example, the court may order the guilty party to: 

  • stop the offending conduct;

  • change their operation to make it more environmentally friendly;

  • perform clean-up works;

  • pay the Crown money to be used for the protection and conservation of fish and fish habitat;

  • or perform community service.

Other Relevant Legislation in British Columbia

 

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 Send any comments or questions about this page to:  wernickb@pac.dfo-mpo.gc.ca

 

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http://www-heb.pac.dfo-mpo.gc.ca/water_quality/fish_and_pollution/fish_act_e.htm
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Fisheries and Oceans Canada - Pacific Region
Oceans, Habitat and Enhancement Branch

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Updated: 2006-05-26