Question Period Note: Fisheries Act Enforcement

• Our Government is committed to conserving and protecting fish and fish habitat. That is why we amended the Fisheries Act in 2019 to restore and strengthen habitat protections, and that is why we increased our investments in habitat enforcement.
• Multiple departments and agencies are involved in enforcing the Fisheries Act, and investigations take time.
• The cases of Larson Creek and McDonald Creek do not fall under DFO’s jurisdiction as they involve deleterious substances in a waterway. These files were referred to Environment and Climate Change Canada, and relevant provincial and municipal authorities. We look forward to their successful resolution in due course.

• The investigations relating to Larson Creek and McDonald Creek (both in British Columbia) are not under DFO jurisdiction; as such, they were referred to and continue to be investigated by other government departments.
• Larson Creek was polluted in 2018 following a construction accident at a provincial highway project. The incident affected a distinct population of cutthroat trout. The investigation was referred to Environment and Climate Change Canada (ECCC) as it relates to deleterious substances in a waterway.
• McDonald Creek was polluted in September 2020, resulting in the death of dozens of fish. The District of West Vancouver and the province of British Columbia are investigating.
• Under the Fisheries Act, the Crown may elect to proceed by summary conviction or by indictment. Summary offences are less serious and carry a lesser penalty, ranging up to $100,000 or to one year’s imprisonment. Section 82 of the Act indicates that the limitation period for the Crown to begin a proceeding with respect to a summary offence is 5 years from the date of the offence. There is no time limitation for indictable offences.

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