Section 91 (12) of Canada’s Constitution clearly states that “Sea Coast and Inland Fisheries” are the jurisdiction of the federal government. It appears, though, that the federal government might no longer want this authority, as a recent proposed regulation is set on deferring management of waterway pollution to provincial regulatory bodies.
The focus of the proposed regulation is s.36 of the Fisheries Act and the type of regulations that may be passed to allow for the deposit of harmful substances in waters frequented by fish. The pollution prevention provision of s. 36(3) of the Fisheries Act is an example of a proactive and precautionary approach to environmental management.
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