This archived statute consolidation is current to November 8, 1991 and includes changes enacted and in force by that date.

Fisheries Act

[RSBC 1979] CHAPTER 137

Contents
Section
Part 1 — General Provisions
    1. Interpretation
    2. Marine Resources Branch
    3. Entering on private property
    4. Restocking exhausted fisheries
    5. Reports
    6. Offence and penalty
Part 2 — Licensing of Fisheries
    7. Presumption
    8. Licence required
    9. Licence fees
    10. Offence and penalty
    11. Regulations
Part 3 — Licensing of Fish and Aquatic Plant Processors and Fish Buying Stations
    12. Interpretation
    13. Licence required
    14. Applications for licences
    15. Floating processing plants
    16. Form of licences
    17. Transfer of licences
    18. Suspension or revocation of licence
    19. Power to refuse further licence
    20. Records kept by licensees
    21. Arbitration of price
    22. Licences for dogfish and fish offal reduction plants and shell fish canneries
    23. Purchase prohibited where licence unpaid
    24. Harvesting of kelp
    25. Offence and penalties
    26. Regulations
Part 4 — Fish Protective Devices
    27. Interpretation
    28. Dam or hydraulic project
    29. Offence and penalty

Part 1 — General Provisions

Interpretation

1.  In this Act

"aquaculture" means the growing and cultivation of aquatic plants, as defined in section 12, or fish, for commercial purposes, in any water environment or in man made containers of water, and includes the growing and cultivation of shellfish on, in or under the foreshore or in water;

"conservation officer" means a conservation officer under the Wildlife Act;

"fish" means the whole or any part of a aquatic animal;

"Marine Resources Branch" means the Marine Resources Branch continued under section 2.

Historical Note(s): 1975-22-3; 1982-57-118, proclaimed effective August 1, 1982; 1987-43-25; effective June 16, 1989 (B.C. Reg. 173/89).

Marine Resources Branch

2.  (1) There is in the ministry a Marine Resources Branch responsible for the administration of this Act.

(2) A director of fisheries, supervisor of fisheries, and inspectors of fisheries and other officers and employees as required for the functioning of the Marine Resources Branch, may be appointed under the Public Service Act.

(3) Every officer and constable of the provincial force as defined in the Police Act, and every conservation officer, is by virtue of his office an inspector of fisheries under this Act and has power to act in that capacity in every part of the Province.

(4) An inspector under the Fish Inspection Act is by virtue of his office an inspector of fisheries under this Act.

(5) An inspector under the Fish Inspection Act (Canada) and a fishery officer or fishery guardian under the Fisheries Act (Canada) is by virtue of his office an inspector of fisheries under this Act.

Historical Note(s): RS1960-150-4; 1961-19-4; 1966-17-3; 1975-22-4 to 7; 1977-75-1; B.C. Reg. 92/79 (z)(i); [amended 1981-20-25, to be proclaimed, amendment not included].

Entering on private property

3.  For enforcing this Act, or otherwise in the discharge of his duties, the minister, director of fisheries, supervisor of fisheries and inspector of fisheries may enter on and pass through or over private property without being liable for trespass, and may without warrant enter any premises, building, boat, car or other place on or about which any fishing implements or apparatus are situated, and may inspect and examine all fishing implements and apparatus found there.

Historical Note(s): 1961-19-5; 1975-22-8.

Restocking exhausted fisheries

4.  The Lieutenant Governor in Council may authorize to be expended annually any sum appropriated by the Legislature for the formation of oyster beds in waters adapted for that purpose, and for transplanting oysters and restocking oyster and other exhausted fisheries by natural or artificial means, and for improving streams where natural obstructions exist, and may authorize the construction, erection or placement of any artificial barrier or grating in any stream, river, watercourse, channel or bed.

Historical Note(s): RS1960-150-7.

Reports

5.  The director of fisheries shall furnish annual or other reports of the business conducted by the Marine Resources Branch under this Act as may be required by the Lieutenant Governor in Council.

Historical Note(s): RS1960-150-8; 1961-19-6; 1975-22-10.

Offence and penalty

6.  Every person who obstructs, hinders, delays or interferes with the minister, or any officer referred to in section 3, in the discharge of his duties under this Act, or in the exercise of any power vested in him by this section, commits an offence and is liable on conviction to the penalties provided in the Offence Act.

Historical Note(s): RS1960-150-6; 1975-22-9.

Part 2 — Licensing of Fisheries

Presumption

7.  For this Part, every person is deemed to fish or take fish, or to attempt to fish or take fish, who in any way aids or assists any person who fishes or takes fish, or attempts to fish or take fish other than by angling.

Historical Note(s): RS1960-150-9; 1961-19-8; 1975-22-11.

Licence required

8.  (1) No person shall fish or take fish, or attempt to take fish, within the Province or its coastal waters, unless he holds a valid and subsisting licence issued for that purpose and has paid the fee prescribed by the Lieutenant Governor in Council.

(2) No person other than

(a) a Canadian citizen;

(b) a person who is serving or has served in the Canadian Armed Forces; or

(c) a person who has been lawfully admitted to Canada under the Immigration Act (Canada) for permanent residence,

is entitled to apply for and obtain a licence.

(3) Subsection (1) does not apply to a person under 16 years of age.

Historical Note(s): RS1960-150-10; 1975-22-12.

Licence fees

9.  An order in council may impose licence fees either generally as to all fish or as to certain specified kinds of fish and may have effect in the whole of the Province or in any part of it, and the licence fees may vary in amount as applied to the taking of different kinds of fish.

Historical Note(s): 1961-19-10.

Offence and penalty

10.  (1) Every person who fishes or takes fish, or attempts to fish or take fish without having paid the licence fee imposed by order of the Lieutenant Governor in Council, or who is convicted of any other offence against this Part, is liable on conviction to the penalties provided in the Offence Act.

(2) Each day's continuance of fishing or taking of fish, or attempting to fish or take fish, in contravention of this Part shall be deemed to constitute a separate offence.

(3) The onus of proving that he has paid the licence fee imposed by the Lieutenant Governor in Council under this Part lies on the person charged with an offence against this Part.

(4) Every person contravening or committing any breach of or committing any offence against any rule or regulation made under this Part is guilty of an offence against this Part.

Historical Note(s): RS1960-150-12,13,14,15(2); 1961-19-11,12; 1975-22-13.

Regulations

11.  The Lieutenant Governor in Council may make regulations for this Part.

Historical Note(s): RS1960-150-15(1); 1987-43-26, effective June 16, 1989 (B.C. Reg. 173/89).

Part 3 — Licensing of Fish and Aquatic Plant Processors and Fish Buying Stations

Interpretation

12.  In this Part

"aquatic plant" includes benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton;

"coastal waters" includes waters in the fishing zones of Canada adjacent to British Columbia, all waters in the territorial sea of Canada adjacent to British Columbia, and all internal waters of British Columbia;

"dogfish reduction plant" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of producing oil, fish meal, fish scrap, chicken feed or fertilizer from dogfish;

"establishment" means a place, including a place used for the business of aquaculture, where fish or aquatic plants are handled, processed, graded, stored, grown or cultivated;

"fish buying station" means

(a) a building, structure, machinery, appurtenances, appliances and apparatus;

(b) a vehicle; and

(c) a vessel, scow, barge or float,

within the Province or its coastal waters, with or without installed propulsion machinery, used in the business of buying, collecting, assembling, transporting, conveying, packing or carrying fish direct from a fisherman;

"fish cold storage plant" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of freezing fish or storing frozen fish, either alone or in conjunction with any other business, but excludes

(a) a fish buying station as defined in this section;

(b) a licensed fishing vessel engaged in fishing, eviscerating and freezing on board the product of its catch, or while delivering that catch; or

(c) a building, equipment or plant occupied or used by a person for storing fish for the purpose only of resale by him at retail in the Province;

"fish liver reduction plant" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of producing fish oil from fish livers;

"fish offal reduction plant" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of producing oil, fish meal, fish scrap, chicken feed or fertilizer from fish offal;

"fish processing plant" means

(a) a building, structure, machinery, appurtenances, appliances and apparatus; and

(b) a vessel, scow, barge or float,

within coastal waters, with or without installed propulsion machinery, either ashore or afloat, occupied and used in the business of processing fish;

"fisherman" means a person licensed under the Fisheries Act (Canada) for commerical fishing;

"harvesting" means cutting, taking, dredging, raking or otherwise procuring kelp or other aquatic plants from their natural habitat on the sea bottom;

"herring cannery" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of herring canning, or of converting the natural herring into canned herring;

"herring dry saltery" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of dry salting herring, or of converting the natural herring into dry salted herring, where the herring are not kept or shipped in a brine solution after being processed;

"herring reduction plant" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of producing oil, fish meal, fish scrap, chicken feed or fertilizer from herring;

"pickled herring plant" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of pickling or brine curing herring, or of converting the natural herring into brine cured or pickled herring;

"plant" includes a cannery, dry saltery or plant of any description within the scope of this Part;

"processing" includes eviscerating, filleting, icing, freezing, canning, packaging, smoking, salting, cooking, pickling, drying, preserving or preparing fish or aquatic plants for market in any other manner, but does not include a licensed fishing vessel which, while fishing or delivering its catch, engages in eviscerating and icing, freezing or packaging on board the product of its catch;

"salmon" includes all kinds and classes of fish usually known and described by the trade names of sockeyes, red and white springs, pinks, chums, cohoes, steelheads and bluebacks;

"salmon brine curing plant" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of brine curing any species of salmon or of converting any species of salmon into brine cured salmon;

"salmon cannery" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of salmon canning, or of converting the natural salmon into canned salmon;

"salmon dry saltery" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of dry salting salmon, or of converting the natural salmon into dry salted salmon, where the salmon are not kept or shipped in a brine solution;

"shell fish cannery" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of shell fish canning, or of converting the natural shell fish into canned shell fish;

"tierced salmon plant" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of tiercing or mild curing salmon, or of converting the natural salmon into tierced salmon;

"tuna fish cannery" means a building, structure, machinery, appurtenances, appliances and apparatus occupied and used in the business of canning any of the species of tuna fish or of converting the fresh tuna fish into canned tuna fish.

Historical Note(s): 1975-22-15; 1981-21-18, proclaimed effective April 1, 1982; 1989-72-6.

Licence required

13.  (1) No person shall process fish or aquatic plants, or operate a plant in the Province or its coastal waters, unless he is the holder of a licence issued for that purpose under this Part and has paid the fee prescribed by the Lieutenant Governor in Council.

(2) No person shall operate a fish buying station unless he is the holder of a licence issued for that purpose under this Part and has paid the fee prescribed by the Lieutenant Governor in Council.

(3) Subsection (2) does not apply to

(a) a person holding a licence under subsection (1) who purchases fish or aquatic plants only from a fisherman at a duly licensed plant; or

(b) a person buying aquatic plants or fish, other than shellfish as defined in the regulations, direct from a fisherman for that person's personal use.

(c) [Repealed 1981-21-19, proclaimed effective April 1, 1982.]

(4) No fisherman shall sell or offer to sell fish under subsection (3) (b) unless he has a fisherman's vending licence issued under this Part and has paid the fee prescribed by the Lieutenant Governor in Council.

(4.1) No person shall carry on the business of aquaculture at any location or facility in the Province or its coastal waters unless he is the holder of a licence issued for that purpose under this Part and has paid the fee prescribed by the Lieutenant Governor in Council.

(5) A fisherman licensed under subsection (4) shall sell or offer to sell fish only in accordance with the regulations.

(6) A fisherman shall sell or offer to sell shellfish only in accordance with the regulations.

(7) Notwithstanding subsections (1) to (4), a person who holds a licence under the Fish Inspection Act is not required, in respect of the activities authorized by that licence, to hold a licence under this Part.

Historical Note(s): 1975-22-16; 1981-21-19, proclaimed effective April 1, 1982; 1987-43-27, effective June 16, 1989 (B.C. Reg. 173/89); 1989-72-7.

Applications for licences

14.  Every application for a licence under section 13 shall be made in writing to the minister, on a form to be supplied by him, and on receipt of the application the minister may issue a licence.

Historical Note(s): 1961-19-15; 1975-22-17.

Floating processing plants

15.  (1) No person shall operate within the Province or its coastal waters a floating processing plant equipped, occupied or used for the canning of salmon or tuna.

(2) Every licence granted in respect of a floating processing plant shall be subject to the condition that the plant shall operate only within an area approved in writing by the minister.

Historical Note(s): 1975-22-18.

Form of licences

16.  A licence under this Part shall set out

(a) the name and address of the licensee,

(b) subject to section 15 (2), the location of the plant for which the licence is issued or the area in which the licensed activity is to be carried on, or both,

(c) the effective date and the term of the licence, and

(d) other terms and conditions the minister considers appropriate.

Historical Note(s): 1987-43-28, effective June 16, 1989 (B.C. Reg. 173/89); 1989-72-8.

Transfer of licences

17.  No licence issued under this Part is transferable, except that in the case of a change of ownership of the plant the minister may agree to a transfer of the licence to the new owner.

Historical Note(s): RS1960-150-21.

Suspension or revocation of licence

18.  (1) Where the holder of a licence issued under this Part violates any provision of this Part or the regulations or a condition of a licence, the minister, after due investigation and hearing, if a hearing is requested by the licensee, and on proof to his satisfaction of the violation, may, in addition to all other penalties to which the licensee may be liable, suspend the licence and all rights of the licensee for a period the minister thinks fit, or he may revoke the licence.

(2) The minister shall preside at the hearing, and shall have the same powers as the Supreme Court for compelling the attendance of witnesses and of examining them under oath, and compelling the production and inspection of books, documents and things.

Historical Note(s): RS1960-150-22; 1989-72-9.

Power to refuse further licence

19.  Where the licence held by any licensee has been revoked, or where it is shown to the satisfaction of the minister that a licensee has violated any provision of this Part or the regulations or a condition of a licence or has conducted the business of his establishment in contravention of the spirit and intent of this Part, the minister may, in addition to all other penalties to which the licensee may be liable, refuse after that to issue a licence under this Act to that licensee or to any person for the establishment of that licensee.

Historical Note(s): RS1960-150-23; 1961-19-17; 1989-72-10.

Records kept by licensees

20.  (1) A person holding a licence under this Part shall make reports in the manner and form and at intervals specified by the minister.

(2) Every person holding a licence under this Part shall keep a record of transactions with fish suppliers of the fish to be processed or held by the licensee.

(3) Subsection (1) does not apply to a fisherman who holds a valid fisherman's vending licence.

(4) A fisherman who holds a fisherman's vending licence shall keep and submit a record of operations for which he is licensed on a form and at a time prescribed by regulations.

(5) A fisherman who is required to keep a record under subsection (4) shall produce the record at any time on demand by an inspector of fisheries or a conservation officer.

Historical Note(s): RS1960-150-24; 1961-19-18; 1975-22-19,20; 1981-21-20, proclaimed effective April 1, 1982; 1989-72-11.

Arbitration of price

21.  (1) Where a dispute or difference arises in any year between the licensees of herring canneries, herring reduction plants, herring dry salteries, salmon canneries, salmon dry salteries or tierced salmon plants, and fishermen engaged in blueback fishing, and fishermen owning or operating nets or seines for the catching of fish of the kind processed in plants of that class, as to the price to be paid by the licensees for fish caught by the fishermen, and where no agreement for the settlement of the dispute or difference is arrived at before April 1 in that year, the matter of the dispute or difference may be referred to arbitration under this section.

(2) On application to the Lieutenant Governor in Council on behalf of the licensees or of the fishermen, the matter may be referred to 3 arbitrators to be appointed by the Lieutenant Governor in Council, one of whom may be nominated by an association representative of the licensees and designated by the minister, and one by an association representative of the fishermen and designated by the minister.

(3) For this subsection, an application on behalf of licensees may be made by an association representative of the licensees, and an application on behalf of fishermen may be made by an association representative of the fishermen.

(4) The order in council appointing the 3 arbitrators shall designate the parties to the arbitration, and shall define the scope of the arbitration.

(5) The order in council is conclusive evidence that all the requirements of this Part and the regulations in respect of the appointment of arbitrators and of matters precedent and incidental to the arbitration have been complied with.

(5.1) The Commercial Arbitration Act applies to an arbitration under this section.

(6) Every award of arbitrators appointed under this section shall fix the price of fish as between the parties to the arbitration for the current season or any part of the current season.

Historical Note(s): RS1960-150-25; 1961-19-19; 1975-22-21; 1986-3-44, effective July 4, 1986 (B.C. Reg. 148/86).

Licences for dogfish and fish offal reduction plants and shell fish canneries

22.  (1) No person shall operate a fish liver reduction plant, dogfish reduction plant, fish offal reduction plant, shell fish cannery, tuna fish cannery or fish processing plant in the Province unless he is the holder of a licence.

(2) Every application for a licence under subsection (1) shall be made in writing to the minister, on a form supplied by him.

(3) On receipt of the application and the prescribed fee, the minister may issue the licence, which expires on March 31 next following the date on which it becomes effective.

(4) Notwithstanding subsection (1), a person who holds a licence under the Fish Inspection Act is not required, in respect of the activities authorized by that licence, to hold a licence under this Part.

Historical Note(s): RS1960-150-26; 1975-22-22; 1987-43-29, effective June 16, 1989 (B.C. Reg. 173/89).

Purchase prohibited where licence unpaid

23.  No person holding a licence under this Part shall purchase within the Province or its coastal waters, fish or aquatic plants that have been taken or caught by another person, unless that other person is the holder of a valid and subsisting licence required under either this Act or the Fisheries Act (Canada).

Historical Note(s): 1975-22-24.

Harvesting of kelp

24.  (1) No person shall harvest kelp or other aquatic plants commercially in the waters of British Columbia unless he is the holder of a licence under this section and has paid the licence fee prescribed by the Lieutenant Governor in Council.

(2) Every holder of a licence under subsection (1) shall pay to the Province a royalty on all kelp and other aquatic plants harvested by the holder of the licence.

(3) The royalty payable under subsection (2) shall be prescribed by regulation made by the Lieutenant Governor in Council.

(4) No person shall operate a plant for treating, curing, drying or otherwise processing kelp or other aquatic plants in the Province unless he is the holder of a licence under this section, and has paid the licence fee prescribed by the Lieutenant Governor in Council.

(5) Every application for a licence under this section shall be made in writing to the minister on a form supplied by him, and on receipt of the application and the prescribed fee, the minister may, subject to conditions he may specify, issue the licence.

(6) Every application for a licence under this section shall be made on a form supplied by the minister and shall indicate the location of the area to be harvested or of the plant for which the licence is required, the name and address of the applicant, and other information as the minister requires.

(7) The minister or a person designated by him may grant a permit subject to terms the minister or person designated specifies in the permit, to any scientific or educational institution to harvest kelp or other aquatic plants at any time for scientific or experimental purposes without payment of a licence fee.

(8) The minister may, with the approval of the Lieutenant Governor in Council, make regulations he thinks advisable for the regulating the production, harvesting and processing of kelp and other aquatic plants.

(9) In addition to the powers that may be exercised by the minister under section 18, he may suspend, revoke or refuse to issue a licence under this section if at any time in his opinion

(a) the licensee has failed to comply with a condition of his licence, or

(b) the harvesting of kelp or other aquatic plants under the licence would

(i)  tend to impair or destroy a bed or part of a bed on which kelp or other aquatic plants grow,

(ii)  tend to impair or destroy the supply of any food for fish, or

(iii)  be detrimental to fish life.

Historical Note(s): RS1960-150-30; 1961-19-21; 1966-17-4; 1975-22-25; 1981-20-26, proclaimed effective April 1, 1982; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1987-43-30, effective June 16, 1989 (B.C. Reg. 173/89).

Offence and penalties

25.  (1) In all prosecutions for offences under this Part or the regulations, the burden of proof as to

(a) the place where any fish were caught;

(b) the person by whom the fish were caught;

(c) the nets, seines, traps or other means by which the fish were caught; and

(d) the person from whom the fish were bought or obtained

is on the person purchasing, obtaining or in possession of the fish.

(2) A person who contravenes a provision of this Part, a regulation made under this Part or a condition of a licence issued under this Part commits an offence.

(3) On conviction for contravention of section 13 (1), (2) or (4.1), the penalty is a fine of not less than $500 and not more than $10 000.

(4) On conviction for contravention of a provision of this Part other than section 13 (1), (2) or (4.1), the penalty is a fine of not less than $100 and not more than $2 000.

(5) On conviction for contravention of

(a) a regulation made under this Part, or

(b) a condition of a licence issued under this Part,

the penalty is a fine of not more than $2 000.

(6) Each day an establishment is operated in circumstances that constitute an offence under subsection (2) constitutes a separate offence.

(7) In addition to other penalties or measures taken under this Act or the regulations, all fish or fish products or aquatic plants or aquatic plant products, whether processed or not, on or about an establishment on or after an offence occurs at that establishment, may be seized by a Provincial constable as defined in the Police Act or by an inspector of fisheries and, on the direction of the minister, be forfeited to Her Majesty and sold with the proceeds to be paid into the consolidated revenue fund.

Historical Note(s): RS1960-150-32,33; 1961-19-22; 1975-22-26; 1989-72-12.

Regulations

26.  (1) The Lieutenant Governor in Council may make regulations.

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations he considers necessary or advisable

(a) for safe and orderly aquaculture, and

(b) for safe and orderly distribution of fish and aquatic plants.

Historical Note(s): 1987-43-31, effective June 16, 1989 (B.C. Reg. 173/89).

Part 4 — Fish Protective Devices

Interpretation

27.  In this Part "person" includes municipalities and agencies of the Crown.

Historical Note(s): RS1960-150-34(8).

Dam or hydraulic project

28.  (1) Every person who commences the construction of any dam or other hydraulic project that will use, divert, obstruct, impound or change the natural flow or course of any river or stream, or otherwise utilize any of the waters of the Province, shall provide fish passes, fish ladders, fish ways or other fish protective devices as the minister requires for the safe and adequate passage of fish over, around or through the dam or other hydraulic project.

(2) Before any person may commence the construction of any dam or other hydraulic project of a class or kind referred to in subsection (1), that person shall submit to the minister complete plans and specifications of the fish passes, fish ladders, fish ways or other fish protective devices required by the minister.

(3) The plans and specifications shall, in addition to all other information, indicate the exact location of the fish protective devices in relation to the hydraulic project or work, and shall also show the exact location of the fish passes, fish ladders, fish ways or other fish protective devices in the river or stream.

(4) Before commencing the construction of any dam or other hydraulic project of a class or kind referred to in subsection (1), the person shall submit to the minister in writing the approximate date

(a) on which work will commence and the approximate length of time expected to be required to complete the work; and

(b) of commencement of any temporary obstructions or work which may be required for the completion of the dam or hydraulic project, and the approximate date on which the temporary obstruction or work will be removed.

(5) No person may commence construction of any dam or other hydraulic project of a class or kind referred to in subsection (1) until the minister has given notification in writing that, in his opinion, the proposed dam or other hydraulic work will not be materially detrimental to fish life, or that the work proposed for the protection of fish life is adequate, and that the time proposed for commencement of construction and completion of work is suitable, having due regard to protection of fish life.

(6) Every person who owns or operates or is otherwise responsible for the operation of any dam or other hydraulic work of a class or kind referred to in subsection (1) shall, as the minister directs, divert sufficient water into any fish pass, fish way, fish ladder or other fish protective device to permit the fish pass, fish way, fish ladder or other fish protective device to function properly and provide adequate water for the transportation of fish on their usual migration routes.

(7) Every person who owns or operates or is otherwise responsible for the operation of a dam or other hydraulic work of a class or kind referred to in subsection (1) shall provide and install, as the minister directs, fish screens of a design approved by the minister and in a manner satisfactory to the minister for preventing fish from passing into penstocks, pumps, diversion channels for irrigation projects, tail races, waterworks systems or other diversions that endanger fish life, and no unauthorized person may damage, tamper with or render ineffective those fish screens.

(8) This Part applies to rivers, streams or waterways designated by the Lieutenant Governor in Council.

Historical Note(s): RS1960-150-34(1-4,6,7,11).

Offence and penalty

29.  (1) Every person who violates any provision of this Part commits an offence and is liable on conviction to a fine of not less than $100 and not more than $10 000.

(2) Each day's violation of a provision of this Part shall be deemed to constitute a separate offence.

(3) It is the duty of every person responsible for carrying out any project to which this Part applies to complete the work for the protection of fish life, and failure to do so is an offence.

Historical Note(s): RS1960-150-34(5,9,10).