SMITHERS, BC, Nov. 6, 2026 /CNW/ — Protecting fish and fish habitat is essential to sustaining Canada’s aquatic ecosystems and fish populations. Under the Fisheries Act, anyone carrying out work in or near water must take measures to avoid causing the death of fish or the harmful alteration, disruption or destruction of fish habitat.
On September 22, 2026, Smithers Provincial Court fined a contracted excavator operator a total of $26,100 for offences under the Fisheries Act and the Water Sustainability Act. The operator had been convicted on February 25, 2026, of three offences involving damage to fish habitat, one offence for carrying out work without legal authorization, and one offence for failing to provide information requested by a fishery officer. As part of the sentence, the Court also ordered the operator to forfeit a Bobcat excavator valued at approximately $50,000, which had been seized during the offences.
The landowners were ordered to restore the damaged fish habitat under subsection 38(7.1) of the Fisheries Act. They completed the required work at a cost of approximately $155,000. They were not charged because they cooperated throughout the investigation.
The offences took place in and around Toboggan Creek near Smithers, British Columbia, between October 3 and October 13, 2023, during a peak period for salmon migration and spawning. The Court found that digging up the creek bed, filling in the creek channel and removing vegetation along the banks damaged and destroyed fish habitat. The work was carried out without the authorizations required under the Fisheries Act and the Water Sustainability Act.
DFO is committed to protecting and conserving marine resources, and enforces the Fisheries Act. Anyone with information regarding suspected fisheries violations is encouraged to contact DFO Pacific Region’s toll-free violation reporting line at 1-800-465-4336, or email DFO.ORR-ONS.MPO@dfo-mpo.gc.ca.
Quick Facts:
- Toboggan Creek is a high value system within the Skeena watershed supporting coho and pink salmon, steelhead, rainbow trout, and bull trout, providing important fish habitat for multiple species.
- Fishery officers work closely with biologists from DFO’s Fish and Fish Habitat Protection Program to ensure any work undertaken near water complies with the fish and fish habitat protection provisions of the Fisheries Act.
- The proceedings against the excavator operator (Provincial Court Docket # 27252-1) along with the corrective measures direction issued under subsection 38(7.1) of the Fisheries Act to the landowners, underscore the importance of being aware of the rules that apply to proposed projects near water and of seeking guidance where needed. There are resources on the DFO website and a check list to see if a project may require a review – Request a review of your project near water: Step 3. Check if your project needs a review.
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SOURCE Fisheries and Oceans (DFO) Canada
