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.

Proponent Responsibilities in Developing and Submitting Infrastructure Funding Proposals

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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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Proponents have a responsibility to determine if their project may or will have an impact on fish and fish habitat and to identify what measures are necessary to mitigate or compensate for any of these impacts. In many cases, this will require the advice and participation of a fish habitat specialist or other qualified environmental service provider¹ during the project design and implementation. If a project is likely to, or will have, an impact on fish and fish habitat it is in the Proponent's best interest to engage a fish habitat specialist early in the planning process so that your project can adequately avoid, mitigate or compensate for its effects on fish or fish habitat. Ensuring that this is taken into account in the development of a project and request for infrastructure funding will facilitate any required review and approval by DFO staff.

DFO is committed to conserving, protecting and improving fish habitat. Federal funding for infrastructure projects provides an opportunity for Proponents to incorporate the design and construction of features that will not only maintain but potentially improve or increase fish habitat resources. Proponents are encouraged to work with DFO, other federal regulatory bodies such as Transport Canada, Navigable Water Protection Program, the Provinces and Territories and other qualified environmental service providers early in the project planning and design stages so that the secondary benefits of enhancing Canada's fishery can be achieved through the participation of the federal government in funding the national infrastructure program.

It is important to note that in some provinces, notably New Brunswick, Prince Edward Island and Nova Scotia, provincial agencies provide the first level of review for projects that may impact on fish and fish habitat. Information on these provincial processes can be found in Appendix C. In all provinces, however, when site specific advice or authorization is needed it must be requested from DFO (see Section 7.3).

¹ "Qualified environmental service providers" and "experienced and qualified environmental firms and individuals" as used in this Guide refer to a company, organization or individual that specializes in fisheries issues and that has the required experience and expertise in assessing and managing fish and fish habitat issues at the project location. They should also have previous experience in matters relating to the habitat provisions of the Fisheries Act. The terms do not refer to a specific technical or professional designation.

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