Federal Regulations And Responsibilities

Recreational FishingThe Federal Department of Fisheries and Ocean’s Fish Habitat Management Program plays a pivotal role in the conservation and protection of fish habitat in Canada. Staff are involved in reviews of works and undertakings in or near water; monitoring compliance and enforcing the habitat protection provisions of the Fisheries Act; watershed and coastal zone planning; habitat enhancement; public education and stewardship.

The program works closely with provinces, territories, industry and conservation and aboriginal groups on protecting and conserving fish habitat and has responsibility to report to Parliament annually on the administration and enforcement of the habitat protection and pollution prevention provisions of the Fisheries Act.

Fisheries Act

The Fisheries Act, administered by the Department of Fisheries and Oceans, is the most important Federal legislation for the protection of Canadian waters. Amongst other things, it governs the granting of fisheries leases and licenses, the construction of fish-ways, fish habitat protection and pollution prevention, the harvesting of marine plants, and the powers of fisheries officers.

Sections 35 and 36 of the Fisheries Act, in particular, are very important as they forbid the harmful alteration, disruption or destruction of fish habitat, and the depositing of a deleterious substance into waters which are frequented by fish, or into where the substance could eventually reach water frequented by fish.

Defined by the Act as: any substance that, if added to water , would degrade or alter the quality of the water so that it is rendered harmful to fish; and water that contains a substance in which quantity or concentration would, if added to water, degrade the quality of the water and, therefore, cause harm to the fish.

Section 36(I)(b) of the Act also states that it is an offence to leave fish remains on the shore, beach or bank of any water.

Link to the Canadian Fisheries Act

Transport Canada

Transport Canada is responsible for the management of ballast water on board ships entering Canadian waters. Guidelines regarding ballast water in the Great Lakes and St. Lawrence Seaway were developed in 1989 and extended to all Canadian waters in 2000.

Under Transport Canada guidelines, all ships entering Canadian waters must verify compliance and samples may be taken from their ballast water. Currently, this is a voluntary program for the purpose of reducing the risk of introducing harmful aquatic non-indigenous organisms and pathogens. Flushing and refilling a ship’s ballast tanks with mid-ocean saltwater while still at sea is currently the most accepted method of control but it is not always effective.

Canada’s Oceans Strategy
Ocean Fishing
Canada's Oceans Strategy is the policy that guides the management of Canada's oceans. The strategy aims to manage Canada’s oceans in collaboration with other levels of government, Aboriginal organisations, communities, businesses, non-governmental organisations, academia, and Canadians generally.

The strategy seeks to expand working partnerships among oceans stakeholders and replace the current, fragmented approach to oceans management with a collaborative, integrated approach. The strategy aims to address the challenge of balancing the current growth in ocean industries, and the need to protect the marine environment.

For more information see Canada’s Oceans Strategy

Habitat Management Program

The Fish Habitat Management Program plays a pivotal role in the conservation and protection of fish habitat in Canada. With staff in over 65 offices across Canada, staff are involved in reviews of works and undertakings in or near water; monitoring compliance and enforcing the habitat protection provisions of the Fisheries Act; watershed and coastal zone planning; habitat enhancement; and public education and stewardship. The program works closely with provinces, territories, industry and conservation and aboriginal groups on protecting and conserving fish habitat and has responsibility to report to Parliament annually on the administration and enforcement of the habitat protection and pollution prevention provisions of the Fisheries Act.

One of the key objectives of the program is to “increase the natural productive capacity of habitats for the nation’s fisheries resources” through conservation, restoration, and development of fish habitat otherwise known as “Net Gain”.

The Fisheries Act and the Policy for the Management of Fish Habitat provide the federal government with a significant role in the conservation and protection of Canadian waters.

For more information see Habitat Management Program

The Great Lakes Panel On Aquatic Nuisance Species

The Great Lakes Panel on Aquatic Nuisance Species is a coordinative body that works on aquatic nuisance species prevention and control in the Great Lakes.
This panel is comprised of representatives from U.S. and Canadian federal agencies, the eight Great Lakes states and the province of Ontario, regional agencies, user groups, local communities, tribal authorities, commercial interests, and the university and the research community.

The panel was officially convened in late 1991 by the Great Lakes Commission in response to section 1203 of the Non-indigenous Aquatic Nuisance Prevention and Control Act of 1990 (P.L. 101-646), which directed the panel to perform the following tasks:

• Identify Great Lakes priorities
• Assist and make recommendations to a National Task Force on Aquatic Nuisance Species (also established via P.L. 101-646)
• Coordinate exotic species program activities in the region
• Advise public and private interests on control efforts
• Submit an annual report to the task force describing prevention, research and control activities in the Great Lakes basin.