Assessing the efficacy of the Fisheries Act 36(3) in Alberta

This research provides an analysis that evaluates the efficacy of the Fisheries Act subsection 36(3) in preventing pollution in fish-bearing waters. The primary cause of pollution under this act, which has been identified using thematic analysis, is inadequate infrastructure and maintenance by companies that handle deleterious substances. Theoretical frameworks, such as Deterrence Theory and Shareholder Wealth Maximization Theory, are applied to create an understanding of why there continue to be violations of the Act. The aim of the act is to protect fish and their habitats, but findings suggest that the act is more effective in addressing existing environmental damage. While it is useful that fines are allocated to the Environmental Damages Fund, they are not large enough to deter companies from neglecting proper construction and maintenance of their infrastructure. Our analysis argues that fines should exceed the costs of proper infrastructure and maintenance in order to encourage construction of these facilities.