12 COMMISSIONOF CONSERVATION 



during such times as are specified by any fishery officer. R.S., s. 46, 

 ss. 3. 



"4. The Minister may authorize the payment of one-half of 

 the expense incurred by such owner or occupier in constructing and 

 maintaining any fishway or canal ; and after a fishway or canal which 

 has been duly approved by the Minister has been built at the cost of 

 the owner or occupier of any slide, dam or other obstruction, or after 

 such owner or occupier has paid one-half the cost thereof and such 

 fishway or canal there after proves to be ineffective, the total cost of 

 any change in such fishway or canal or any new fishway or canal re- 

 qured to enable the fish to pass by such slide, dam or other obstruc- 

 tion, shall be paid by His Majesty. R.S., s. 46, ss. 4. 



"5. The Minister, in order to procure the construction of any 

 fishway or canal, pending proceedings against any owner or occupier 

 for the penalty imposed by this Act, may make and complete the same 

 forthwith, and may authorize any person to enter upon the premises 

 with the necessary workmen, means and materials for such purpose, 

 and may recover from the owner or occupier the whole expense so 

 incurred by action in the name of His Majesty. R.S., s. 46, ss. 5. 



"6. Where unused slides, dams, obstructions, or anything detri- 

 mental to fish exist, and the owner or occupier thereof does not, after 

 notice, given by the Minister, remove the same, or the owner is not 

 resident in Canada, or his exact place of residence is unknown to the 

 Minister, the Minister may, without being liable to damages, or in 

 any way to indemnify the said owner or occupier, cause said slide, dam, 

 obstruction, or thing detrimental to fish life to be removed or destroyed 

 and in cases where notice has been given to the owner or occupier, may 

 recover from said owner or occupier the expense of so removing or 

 destroying the same." 



The British Columbia Water Act, 1914, Section 35, states: 

 "Proper provision shall be made by every licensee to the satisfaction 

 of the Comptroller.... for the erection and maintenance by the licensee 

 of a durable and efficient fishway in the stream or other waterway 

 affected by the works." 



Suitable fishways require comparatively little water. The 

 periods during which they should be kept full vary somewhat with the 

 habits of the fish. The fishway season does not coincide with the 

 low-water season of the winter months and hence in this respect 

 conflicts comparatively little with power development. 



While in this discussion reference has been made specifically to 

 the salmon in connection with the streams of the Pacific drainage 

 basin, it should be borne in mind that other fish of migratory habit 

 require consideration where dams might seriously interfere with their 

 passage. In addition to the salmon, there are trout, sturgeon, shad, 



