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Canada Fisheries Act - Pollution Prevention and Habitat Protection (FA)

Canada Fisheries Act - Pollution Prevention and Habitat Protection (FA): Canada’s Fisheries Act imposes strict prohibitions on pollution and habitat harm in fish-bearing waters

Maílis Carrilho
Written by Maílis Carrilho
Updated on December 22nd, 2025

Summary

The Fisheries Act is one of Canada’s core environmental protection laws and plays a significant role in climate and sustainability regulation through its pollution prevention and fish habitat protection provisions. The Act prohibits the deposit of deleterious substances into waters frequented by fish unless authorized by regulation, and it establishes strict liability for environmental harm. Amendments restored stronger habitat protections and broadened enforcement powers, including compliance orders and administrative penalties. The Act applies across sectors such as mining, energy, infrastructure, agriculture, and manufacturing, making it a critical compliance risk for projects affecting waterways. While not climate-specific, it directly affects permitting, environmental risk management, and enforcement in climate-relevant projects.

Details

Jurisdictions
  • Canada
Exemptions

Absolute prohibition on unauthorized deposits of harmful substances into fish-bearing waters

Criteria:

Mandatory authorizations for activities causing serious harm to fish or fish habitat

Ongoing compliance with conditions attached to permits and authorizations

Exceptions:

Deposits or activities explicitly authorized by regulation or permit

Emergency actions taken to protect human life or safety may be treated differently under enforcement discretion

Deep dive

1 min read
Published Dec 22, 2025

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What’s Required

Regulated parties must ensure that no deleterious substances are deposited into waters frequented by fish unless expressly authorized. Projects affecting fish habitat must avoid, mitigate, or offset impacts and may require federal authorization. Operators must implement environmental controls, monitoring, and mitigation measures where risks to fish or habitat exist.

Important Deadlines

  • 2019: Amendments restoring fish habitat protections entered into force

  • Ongoing: Continuous obligation to prevent harmful discharges into fish-bearing waters

  • Project-specific: Authorization timelines apply where impacts to fish habitat require federal approval

Current Status

  • The Fisheries Act is fully in force and actively enforced

  • Habitat protection provisions were strengthened through amendments restoring broader protections

Penalties for Non-Compliance

  • Violations can result in substantial fines, imprisonment, or both

  • Administrative monetary penalties and compliance orders may also apply

  • Liability can attach to corporations, directors, and officers

Examples of Known Violations

  • An industrial facility must prevent effluent discharges that could harm fish habitat

  • An infrastructure project crossing waterways must obtain authorization and implement habitat compensation measures

Resources


Maílis Carrilho
Added by:
Maílis Carrilho
Sustainability Research Analyst
Maílis Carrilho is a Sustainability Research Analyst (Intern) at Net Zero Compare, contributing research and analysis on climate tech, carbon policies, and sustainable solutions. She supports the team in developing fact-based content and insights to help companies and readers navigate the evolving sustainability landscape.
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Added on Dec 22, 2025 by Maílis Carrilho ·