Update on Fisheries Act Charges Against Bruce Power

Bruce Power is facing two charges under the federal Fisheries Act following the deaths of millions of Gizzard Shad at the Bruce A Nuclear Generating Station in 2025.

The charges concern:

1. Causing the death of fish by means other than fishing, contrary to subsection 34.4(1) of the Fisheries Act.
2. Failure to comply with conditions of a federal fisheries authorization, relating to the permitted annual fish mortality limit of 6,600 kilograms.

The scale of this event was extraordinary. Bruce Power estimates up to close to 5 million fish were killed.

The deaths of millions of fish in Lake Huron cannot be dismissed as an unfortunate but unavoidable consequence of operating a nuclear generating station. This event raises serious questions about the protection of fish, the effectiveness of existing regulatory requirements, and whether enough has been done to prevent similar disasters.

How Did This Happen?

Between January and March 2025, large numbers of Gizzard Shad were attracted to the artificially warmed water discharged by Bruce Power into Lake Huron. During periods of extreme cold, fish congregated near the facility and entered its cooling-water infrastructure, where many became trapped, injured, or killed.

The accumulation of fish was so severe that Bruce Power was forced to shut down one reactor and reduce power at another.

SON's independent scientific investigation identified the interaction between heated-water discharge, cooling-water recirculation channels, fish entrapment, and thermal shock as important contributing factors.

Although Gizzard Shad are naturally sensitive to cold temperatures, the evidence indicates that Bruce Power's industrial infrastructure played a central role in attracting fish into conditions where they subsequently died.

This is an example of what scientists call an ecological trap: an environment that attracts animals but exposes them to elevated risks of injury or death.

The heated discharge is therefore not simply providing fish with a warm-water refuge. Under certain conditions, it can contribute to large-scale fish mortality.

Timeline of Key Events

• January–March 2025: Millions of Gizzard Shad accumulate in and around Bruce Power's cooling-water infrastructure, resulting in extensive fish mortality.
• February 13, 2025: Bruce Power removes Unit 2 from service and reduces power at Unit 1 because of the accumulation of fish within its cooling-water system.
• March 2025: Large numbers of dead Gizzard Shad are documented along the Lake Huron shoreline. SON continues its independent investigation into the incident.
• June 3, 2025: The Canadian Nuclear Safety Commission (CNSC) receives an update on the fish mortality event.
• July 2025: SON completes its independent scientific report, 2025 Bruce Power Gizzard Shad Fish Kill Crisis, documenting the scale of the incident, contributing factors, and concerns regarding future risks.
• 2026: SON provides its scientific investigation and an impact statement to DFO to assist federal authorities in examining the incident and its consequences.
• Winter–Spring 2026: SON works with Bruce Power on initial mitigation measures, including physical barriers, deterrent systems, and enhanced monitoring. SON continues to identify concerns regarding their long-term effectiveness.
• 2025–2026: SON and the CNSC work jointly to develop a report examining the incident and recommendations to prevent future fish mortality events. This report remains under development.
• October 22, 2026: Bruce Power publicly confirms that it faces two federal Fisheries Act charges.
• November 24, 2026: Bruce Power's first court appearance is expected.
   

SON's Independent Investigation and Actions

SON has played an active and important role in investigating this incident, holding those responsible for protecting Lake Huron accountable, and advancing solutions to prevent another large-scale fish kill.

Through our Environment Office and fisheries specialists, SON conducted an independent scientific investigation into the scale, causes, and ecological implications of the event.

SON provided its investigation directly to Fisheries and Oceans Canada to assist the federal investigation. We also submitted an impact statement documenting the consequences of the incident and the importance of protecting Lake Huron fisheries and SON's Aboriginal and Treaty rights.

SON has not limited its involvement to investigating what went wrong. We have also worked directly with Bruce Power to develop initial measures intended to prevent future fish mortality, including barrier nets, deterrent systems, and improved monitoring.

In addition, SON is working jointly with the Canadian Nuclear Safety Commission to prepare a report on the incident, including recommendations aimed at addressing contributing factors, strengthening environmental protection, and preventing similar events in the future.

This collaboration provides an important opportunity to ensure that SON's scientific findings and concerns contribute directly to recommendations for improvements in regulatory oversight and industrial operations.

However, initial mitigation measures are not a complete solution.

SON remains particularly concerned that the underlying problem of thermal attraction has not been resolved. Bruce Power's heated-water discharge continues to attract fish toward industrial cooling-water infrastructure where they may become trapped and killed.

Physical barriers and deterrents may reduce some risks, but they do not eliminate the attraction created by the heated discharge itself.

SON continues to press Bruce Power to investigate and implement long-term solutions that address this underlying problem, including potential changes to cooling-water infrastructure and discharge operations.

We are also advocating for independent verification of mitigation effectiveness over multiple years and under varying environmental conditions.

Installing mitigation measures is not the same as demonstrating that they work. Until their effectiveness has been established and the underlying causes adequately addressed, the risk of another significant fish mortality event remains.

Accountability Must Lead to Meaningful Change

The federal charges represent an important development in the response to this incident. The allegations will now be considered through the court process, and no finding of guilt has been made.

However, SON's concerns extend beyond the legal proceedings.

The loss of millions of fish has implications for the Lake Huron ecosystem. Gizzard Shad are part of the aquatic food web, and their removal on such a massive scale raises questions about broader ecological consequences.

Lake Huron is already experiencing substantial pressures from invasive species, climate change, industrial development, declining fish populations, and changes to the aquatic food web.

For SON, these impacts cannot be considered in isolation. They add to the cumulative pressures affecting fisheries that have sustained our people for generations.

SON will continue to advocate for:

• Effective long-term solutions that address the attraction of fish to heated-water discharge and prevent their entry into dangerous cooling-water infrastructure.
• Proven and independently verified mitigation measures that remain effective under the range of conditions experienced in Lake Huron.
• Transparent monitoring and reporting of fish mortality, including losses that may not be adequately captured through routine monitoring programs.
• Strong regulatory oversight and accountability to ensure that environmental protection requirements are meaningful and enforced.
• Full consideration of cumulative effects on Lake Huron fisheries and SON's Aboriginal and Treaty rights.
• Meaningful SON involvement in decisions that affect the health of our waters and the future of our fisheries.

Protecting Our Waters and Our Rights

For the Saugeen Ojibway Nation, the health of Lake Huron is inseparable from our culture, way of life, food systems, and Aboriginal and Treaty rights.

Our fishers and knowledge holders have witnessed significant changes in the lake over generations. Fish populations and fisheries that once supported our communities have declined, while pressures on the ecosystem continue to grow.

We cannot afford to normalize the deaths of millions of fish as an acceptable consequence of industrial operations in our Territory.

SON has undertaken its own investigation, provided scientific evidence and an impact statement to federal authorities, worked with Bruce Power on initial mitigation, and is collaborating with the CNSC on recommendations for lasting improvements.

We have demonstrated our commitment to understanding what happened and finding solutions.

We now expect Bruce Power and federal regulators to demonstrate the same commitment by addressing the underlying conditions that caused millions of fish to die in the first place.

The real measure of accountability will not be the charges alone. It will be whether meaningful changes are made to ensure that another environmental disaster of this magnitude does not happen.

The Joint Chiefs and Councils will continue to advocate for strong environmental protections, transparent regulatory oversight, and meaningful involvement of SON in decisions affecting our waters.

We will monitor the legal proceedings and environmental response and keep Members informed as additional information becomes available.

Miigwetch,
Joint Chiefs and Councils of the Saugeen Ojibway Nation

References and Further Reading
 

1. Saugeen Ojibway Nation (2025). 2025 Bruce Power Gizzard Shad Fish Kill Crisis. SON's independent scientific investigation. Access through SON's public report link.
2. Saugeen Ojibway Nation (April 23, 2026). Bruce Power's “Nuclear Fish City” is really a giant fish trap. Read SON's statement.
3. Canadian Nuclear Safety Commission (2025). Events Reporting: Nuclear Power Plants. Documentation of the February 13, 2025, Gizzard Shad incident at Bruce A. View CNSC event reporting.
4. Bruce Power (October 22, 2026). Bruce Power statement regarding Fisheries Act charges. Read Bruce Power's statement.
5. CBC News (November 3, 2026). Millions of fish died at an Ontario nuclear plant in 2025. Now its operator faces federal charges. Read CBC's investigation.
6. Government of Canada. Fisheries Act, subsection 34.4(1): Death of Fish. Read legislation.
7. Government of Canada. Fisheries Act, section 40: Offences and Penalties, including subsection 40(3)(a) concerning compliance with authorization conditions. Read legislation.