Oldman River II: Factual Record
North American Environmental Law and Policy, Volume 15
Oldman River II: Factual Record
North American Environmental Law and Policy, Volume 15
Description
On 4 October 1997, The Friends of the Oldman River filed a submission (SEM-97-006 (Oldman River II), the “submission”) with the Secretariat asserting that Canada is failing to effectively enforce the fish habitat protection provisions of the federal Fisheries Act and related provisions of the Canadian Environmental Assessment Act (“CEAA”).
The submission asserts that in regard to projects that may harm fish habitat, the Department of Fisheries and Oceans (“DFO”) is issuing letters of advice to project proponents instead of issuing Fisheries Act authorizations and orders that trigger an environmental assessment requirement under the CEAA. The submission also alleges that Canada has abdicated its responsibilities for enforcement of the Fisheries Act habitat protection provisions to Canada’s inland provinces (Alberta, Saskatchewan, Manitoba, Ontario, parts of British Columbia and parts of Quebec), which are not effectively enforcing the Fisheries Act.
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