Fish, Wildlife and Habitat Protection
Canada has jurisdiction to protect fish, wildlife and their habitats through legislation including the Canadian Environmental Protection Act, and the new Species at Risk Act and the Fisheries Act. Additionally, Provincial and local governments have powers to regulate areas populated by fish and wildlife and therefore businesses and activities that can adversely impact them. Often overlapping regulatory jurisdictions create uncertainty regarding which activities may be undertaken in certain areas and as to the regulations applicable or precautions necessary to protect fish and wildlife. The failure to take the correct precautions can often result in a regulatory investigation and charges being laid.
Fasken Martineau's environmental group provides frequent advice in the context of proposed projects, ongoing operations, land development and business transactions, with particular emphasis on the legal and business implications of fish and wildlife protection legislation. We regularly assist clients, by providing strategic advice, to meet their business objectives while ensuring compliance with applicable species protection legislation.
Our recent experience includes counselling a pulp mill with respect to the inadvertent death of an endangered fish; and advising a major B.C. mining company in relation to implications of and strategy for addressing existence of endangered species in the area of the company's hydro project.
Selected Experience
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