Fish Toxicant Regulations

　　SOR/88-258

　　FISHERIES ACT

　　Registration 1988-04-29

　　Regulations Respecting the Deposit of Deleterious Substances that are Fish Toxicants in the Waters of Ontario, Quebec, Manitoba, Saskatchewan and Alberta

　　P.C. 1988-818 1988-04-29

　　Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 33（13） of the Fisheries Act, is pleased hereby to make the annexed Regulations respecting the deposit of deleterious substances that are fish toxicants in the waters of Ontario, Quebec, Manitoba, Saskatchewan and Alberta.

　　SHORT TITLE

　　1. These Regulations may be cited as the Fish Toxicant Regulations.

　　INTERPRETATION

　　2. In these Regulations,

　　“Act” means the Fisheries Act; （Loi）

　　“fish toxicant” means a pest control product that conforms to the requirements of the Pest Control Products Act and the Pest Control Products Regulations and that is used for the purpose of destroying any fish that is a pest as defined in section 2 of that Act. （produit ichtyotoxique）

　　SOR/2003-137, s. 14（F）。

　　SUBSTANCES PRESCRIBED AS DELETERIOUS SUBSTANCES

　　3. For the purpose of paragraph 36（4）（b） of the Act, fish toxicants are prescribed as deleterious substances that are authorized to be deposited.

　　SOR/2003-137, s. 15.

　　WATERS

　　4. For the purpose of paragraph 36（4）（b） of the Act, the waters where fish toxicants are authorized to be deposited are the waters of the provinces of Saskatchewan and Alberta and the non-tidal waters of the provinces of Ontario, Quebec and Manitoba.

　　SOR/2003-137, s. 16.

　　PERSONS AUTHORIZED

　　5. For the purpose of paragraph 36（4）（b） of the Act and subject to section 6, the following persons are prescribed as persons who may, in the absence of any other authority, authorize the deposit of any fish toxicant:

　　（a） in relation to the Province of Ontario, the Minister of Natural Resources for that Province;

　　（b） in relation to Quebec, the Minister responsible in the Province of Quebec for the application of An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1,

　　（c） in relation to the Province of Manitoba, the Minister of Natural Resources for that Province;

　　（d） in relation to the Province of Saskatchewan, the Minister of Parks, Recreation and Culture for that Province; and

　　（e） in relation to the Province of Alberta, the chief fishery officer as defined in the Alberta Fishery Regulations.

　　SOR/2003-137, s. 17;SOR/2005-269, s. 53;SOR/2008-99, s. 5;SOR/2008-322, s. 35.

　　Previous Version

　　CONDITIONS FOR GRANTING THE AUTHORIZATION

　　6. For the purpose of paragraph 36（4）（b） of the Act, the prescribed conditions for granting the authorization referred to in section 5 are the following:

　　（a） the Minister or the chief fishery officer is satisfied that the eradication of any fish that is a pest by the use of fish toxicants in any waters set out in section 4 and the subsequent restocking of those waters will enhance fishing in those waters; and

　　（b） the authorization is given in writing.

　　SOR/2003-137, s. 18.

　　CONDITION FOR AUTHORIZING THE DEPOSIT OF FISH TOXICANTS

　　7. For the purpose of paragraph 36（4）（b） of the Act, the condition under which fish toxicants are authorized to be deposited in the waters referred to in section 4 is that the deposit does not adversely affect fish in the waters adjacent to the waters where the deposit is made.