It is indeed in the previous act. Section 32 basically says that you can't kill fish by means other than fishing unless the minister authorizes it. That has been caught in the new section 35, where it says “activities”.
Now the difference between the old section 32 and the new section 35, in that the minister can authorize the killing of fish by means other than fishing, is that there's some direction to the minister in the new act and there was no direction in the old act. The old act simply said you can't kill fish by means other than fishing unless the minister authorizes it. The new act basically says the same thing, partly in section 35, but it also says it must be applied based on its impact on the ongoing productivity of the fisheries; the fisheries management objectives; the ability to avoid killing fish, or to mitigate or offset that; and the public interest. The minister now has some direction.
The idea is that if you have a hydroelectric facility, as an example, which has turbines in the water that are going to kill fish, right now they need to—and they have in the past—get an authorization to kill fish by means other than fishing. The minister licenses fishing, and this is how he enables or allows other killing of fish. That's an example of where you would do that.
The legislation provided no guidance under section 32 about how a hydroelectric facility would ask him to authorize the killing of fish. It now provides that guidance. That is what's new. The idea is that the minister must be considering the ongoing productivity of the fisheries. If the killing of fish is not going to impact the fishery—it's a few fish in a large fishery—then that's a consideration. If it's a few fish of an endangered species or in a significant fishery where it's going to make a difference, then that's what the minister must consider.
That's the difference. But that item has been there without direction since the seventies.