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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.

Review Under Canada's Fisheries Act?

Canada's Fisheries Act gives DFO the authority to conserve and protect fish and fish habitat. The Act applies to all lands and water in Canada, including private property, in every Province and Territory. The Act defines fish habitat as "spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly to carry out their life processes". No one may carry out any work in or near Canadian waters that result in fish mortality or in the harmful alteration, disruption or destruction of fish habitat (HADD) without authorization from DFO. The Fisheries Act also gives DFO the authority to order adequate fish passage and water flows to support fish. DFO has developed and implemented an effective system to assist Proponents in identifying their requirements with regard to approvals under the Fisheries Act. The DFO website provides an overview for Proponents of the process to be followed to ensure compliance with the Fisheries Act. Although this process is consistent across the country, specific project review processes may vary between provinces and territories to reflect the collaborative streamlining undertaken by DFO and the relevant provincial or territorial government (See Appendices C and D for links to regional tools and information).

It is important to note that in carrying out its responsibilities under the habitat protection provisions of the Fisheries Act, DFO must also ensure that the requirements of the Species at Risk Act, the Canadian Environmental Assessment Act and other environmental assessment regimes are met, and that potentially affected Aboriginal groups are consulted where appropriate.