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.

Purpose of This Document

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Federally Funded Infrastructure Projects and the Fisheries Act Purpose of This Document Proponent Responsibilities in Developing and Submitting Infrastructure Funding Proposals DFO Review and Approval of Infrastructure Project Proposals Review Under Canada's Fisheries Act? Project Review by DFO Project Approval Decisions Under the Fisheries Act Follow-up and Monitoring Appendix A : Information Submission Requirements for Projects Reviewed by DFO 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
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This Guide provides information for Proponents, and their project design teams, on requirements for ensuring infrastructure projects funded by the various federal funding programs comply with the Fisheries Act. The Fisheries Act continues to apply fully to all infrastructure projects in or around water that are likely to result in harm to fish and fish habitat.

This Guide is based on the existing DFO Habitat Management "Risk Management Framework" and project approval process and has been developed to provide specific guidance on the application of these processes to federally funded infrastructure projects. This Guide will assist Proponents in understanding the various requirements of the Fisheries Act and identify when DFO should be involved in their project review and approval.

Infrastructure Canada has identified a requirement for Proponents to identify, as part of their funding application, all projects that have elements that are:

• on, under, over, through or across a water body such as a wetland, stream, river or lake; and
• within 30 metres of a water body.

These criteria will help Proponents identify and address the potential impacts of their proposed project on fish and fish habitat and ensure their compliance to the Fisheries Act.

Not every project is likely to result in harm to fish and fish habitat, and therefore not every project will require review or approval pursuant to the Fisheries Act. This Guide is intended to provide information on the application of the Fisheries Act to assist Proponents in the effective development and review of their infrastructure project plans.

There is specific information available that defines the technical terms used in this Guide and how they are applied (for instance "normal high water mark" as used by DFO). For this and other detailed information on the Fisheries Act and its application you should refer to DFO's Fish Habitat Management website (or see Appendices C and D for links to regional DFO websites).

This Guide will be reviewed periodically in order to maximize its relevance and effectiveness.

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