The way Environment Canada is enforcing section 36 of the Fisheries Act today, no, that could not take place because it is their view that you cannot use section 35 to get around section 36. So in the case of the mining industry, no, there would not be a way around that because there isn't a way. If you had asked me this question 20 years ago, I might have been able to give you a different answer, but today, no.
On May 28th, 2012. See this statement in context.