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.

DFO Review and Approval of Infrastructure Project 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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When impacts to fish and fish habitat will occur, or it is uncertain if such negative impacts can be avoided, DFO will review the development proposal to evaluate the potential impacts and ensure compliance with the Fisheries Act. Through the review process DFO (and/or the Provincial government where collaborative agreements are in place) may provide advice and propose additional mitigation measures or alternative designs to avoid or reduce potential impacts to fish and fish habitat. When this advice is integrated into the project design, the impacts to fish and fish habitat can be avoided or mitigated and the project can proceed according to the design, without a Fisheries Act authorization from DFO.

When there are going to be known and unavoidable harmful impacts to fish or fish habitat, Proponents are expected to address these impacts to the maximum extent possible and develop fish habitat compensation measures to offset any residual impacts (post mitigation) associated with their projects. Fish habitat compensation measures are required by DFO before an Authorization for harm to fish habitat can be issued under the Fisheries Act. DFO's ability to conduct a timely and effective review of all projects that will affect fish habitat depends on the project Proponent's consideration of DFO requirements during project planning, siting, design and construction, and the timely provision of all the necessary information and analysis outlined in this Guide and other referenced documents.

Across Canada, DFO has established relationships, and in some cases Agreements, with Provincial governments, other environmental organizations and experienced and qualified firms and individuals that can work with a Proponent to assist in the development of a project proposal. As discussed in this Guide, a Proponent can facilitate compliance to the Fisheries Act through the use of qualified professionals outside of DFO.

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