Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act, Regulations Establishing

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Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act

SOR/2014-91FISHERIES ACT
Registration 2014-04-11
Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act
P.C. 2014-435 2014-04-10His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans and the Minister of the Environment, pursuant to subsection 36(5.1)Footnote a of the Fisheries ActFootnote b, makes the annexed Regulations Establishing Conditions for Making Regulations under Subsection 36(5.2) of the Fisheries Act.

Return to footnote aS.C. 2012, c. 19, s. 143(2)
Return to footnote bR.S., c. F-14

Marginal note:Definitions

1 (1) The following definitions apply in these Regulations.

Act
Loi

Act means the Fisheries Act. (Loi)

biochemical oxygen-demanding matter
matière exerçant une demande biochimique en oxygène

biochemical oxygen-demanding matter means any organic matter that contributes to the consumption of oxygen that is dissolved in waters or sediment. (matière exerçant une demande biochimique en oxygène)

Procedure for pH Stabilization EPS 1/RM/50
procédure de stabilisation du pH SPE 1/RM/50

Procedure for pH Stabilization EPS 1/RM/50 means the Procedure for pH Stabilization During the Testing of Acute Lethality of Wastewater Effluent to Rainbow Trout (EPS 1/RM/50), March 2008, published by the Department of the Environment, as amended from time to time. (procédure de stabilisation du pH SPE 1/RM/50)

Reference Method EPS 1/RM/13
méthode de Référence SPE 1/RM/13

Reference Method EPS 1/RM/13 means the Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (EPS 1/RM/13 Second Edition), December 2000 (with May 2007 amendments), published by the Department of the Environment, as amended from time to time. (méthode de Référence SPE 1/RM/13)

research activities
activités de recherche

research activities means activities during which a deposit of a deleterious substance is made for the sole purpose of acquiring scientific knowledge. (activités de recherche)

Marginal note:Acutely lethal

(2) For the purposes of these Regulations, a deposit is acutely lethal if, at 100% concentration, it kills more than 50% of the rainbow trout subjected to it over a 96- hour period when tested to determine lethality in accordance with Reference Method EPS 1/RM/13 and – if applicable – in conjunction with the Procedure for pH Stabilization EPS 1/RM/50.

Marginal note:Aquaculture, pests and invasive species

2 The power that is conferred by subsection 36(5.2) of the Act may be exercised by the Minister of Fisheries and Oceans in relation to aquaculture, to aquatic species that are a pest to a fishery or to aquatic invasive species, if the following conditions are met:

(a) the Minister is satisfied that the Regulations are required for the proper management and control of fisheries or the conservation and protection of fish; and

(b) the deleterious substance whose deposit is to be authorized

(i) is a drug whose sale is permitted or otherwise authorized, or whose importation is not prohibited, under the Food and Drugs Act,
(ii) is a pest control product that is registered under the Pest Control Products Act or whose use is authorized under that Act, or
(iii) is biochemical oxygen-demanding matter.

Marginal note:Aquatic research

3 The power that is conferred by subsection 36(5.2) of the Act may be exercised by the Minister of the Environment in relation to research activities if the persons authorized by the Regulations to deposit deleterious substances have processes in place or are subject to processes

(a) to verify that

(i) the research activities will contribute to the development of knowledge for the purpose of managing, conserving, protecting or restoring fish populations or waters frequented by fish,
(ii) the research activities will be conducted under the supervision of a person who has expertise in conducting aquatic research under similar conditions, as evidenced by a substantial and relevant peer-reviewed publication record,

(iii) the research activities will be designed so as to

(A) avoid harmful effects on fish, fish habitat and the use by man of fish, other than the effects that are necessary to achieve results that are scientifically valid, and
(B) confine any harmful effects on fish, fish habitat or the use by man of fish to the waters in respect of which the deposit is authorized, and

(iv) if research activities render any waters frequented by fish unsuitable to sustain fish populations or render fish populations unsuitable for human consumption, no later than 20 years following the day on which the research activities are completed, the waters will be suitable to sustain fish populations and the fish populations will be suitable for human consumption;

(b) to evaluate whether the research activities will be carried out in accordance with their design and to document any deviations from that design; and
(c) to make research findings available to the public.

Marginal note:Other subject matters

4 The power that is conferred by subsection 36(5.2) of the Act may be exercised by the Minister of the Environment in relation to any other subject matter if the following conditions are met:

(a) the deleterious substance to be deposited, its deposit or the work, undertaking or activity that results in the deposit is authorized under federal or provincial law, or is subject to guidelines issued by the federal or provincial government, and is subject to an enforcement or compliance regime;

(b) the federal or provincial law or guidelines set out conditions that result in a deposit that is not acutely lethal and contains a quantity or concentration of deleterious substance that when measured in the deposit, or in the relevant waters frequented by fish, satisfies

(i) the recommendations of the Canadian Water Quality Guidelines for the Protection of Aquatic Life that were published in 1999 by the Canadian Council of Ministers of the Environment, as amended from time to time, or the recommendations that were derived from those guidelines on their site-specific application, as amended from time to time, or
(ii) the recommendations of any peer-reviewed guidelines that are established for the purpose of protecting aquatic life and adopted by a federal or provincial body; and

(c) the effects of such a deposit on fish, fish habitat and the use by man of fish have been evaluated in accordance with generally accepted standards of good scientific practice.

Marginal note:Additional conditions

5 The power that is conferred by subsection 36(5.2) of the Act may be exercised if

(a) the proposed Regulations are published in the Canada Gazette at least 30 days before the day on which they are made; and
(b) before the proposed Regulations are published, the Minister of Fisheries and Oceans or the Minister of the Environment, as applicable, provides the President of the Treasury Board with an estimate of the costs of their implementation.

Marginal note:Coming into force

6 These Regulations come into force on the day on which they are registered.