Notice

On June 29, 2012, the Fisheries Act was amended. Policy and regulations are now being developed to support the new fisheries protection provisions of the Act (which are not yet in force). The existing guidance and policies continue to apply. For more information, see Changes to the Fisheries Act.

A Proponent's Guide To Fisheries Act Reviews For Federally Funded Infrastructure Projects

Table of Contents

1.0   Federally Funded Infrastructure Projects and the Fisheries Act

2.0   Purpose of This Document

3.0   Proponent Responsibilities in Developing and Submitting Infrastructure Funding Proposals

4.0   DFO Review and Approval of Infrastructure Project Proposals

5.0   Review Under Canada's Fisheries Act?

6.0   Project Review by DFO

7.0   Project Approval Decisions Under the Fisheries Act

7.1    No Impact to Fish or Fish Habitat - the Fisheries Act does not apply

7.2    Low Risk to Fish and Fish Habitat - the Fisheries Act does apply, No DFO Review Required

7.2.1    Using DFO Operational Statements

7.2.2    Using Other Standard Practice Tools

7.2.3    Information Requirements for Projects Not Requiring DFO Review and Approval

7.3    Potential Impact to Fish and Fish Habitat - the Fisheries Act does apply, DFO Review Required

7.3.1    Standard Mitigation Measures Adequately Address Risk to Fish and Fish Habitat

7.3.2    Additional Mitigation Measures Are Required to Avoid Harm to Fish and Fish Habitat - Issuance of a DFO "Letter of Advice"

7.3.3    Harmful Alteration, Disruption or Destruction (HADD) of Fish Habitat Cannot be Avoided - Authorization for a HADD and Compensation Are Required.

7.3.4    Unacceptable Impacts - Project Cannot Proceed as Designed.

8.0   Follow-up and Monitoring

Appendix B - Developing and Implementing a Compensation Plan for a HADD Authorized Under the Fisheries Act

Appendix C - National List of Operational Statements for Activities with Low Risk to Fish and Fish Habitat

Appendix D - DFO Regional Contacts