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.

Project Review by DFO

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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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There are three potential outcomes with respect to fish and fish habitat that determine the level of project review required by DFO under the Fisheries Act, and consequently the level of DFO involvement in the project review and approval process. The three potential outcomes are:

1. No impact to fish or fish habitat - the Fisheries Act does not apply.
2. Risk to fish and fish habitat is LOW if DFO Operational Statements, Provincial guidelines, other Standard Practice, best management practices, or other standard mitigation tools are properly applied- DFO Review and Approval Not Required.
3. Risk to fish and fish habitat is uncertain, MODERATE or HIGH and DFO Operational Statements Provincial guidelines, other Standard Practice, best management practices, or other standard mitigation tools will not be able to address all potential harmful impacts to fish and fish habitat - DFO Review Required. From the DFO review, three possible outcomes can occur:
   • Mitigation measures (included in the project design or proposed by DFO) are adequate to avoid harm to fish and fish habitat - Issuance of a DFO "Letter of Advice".
   • Residual harm to fish and fish habitat cannot be avoided but the impacts to fish and fish habitat are acceptable - Authorization for a HADD and Habitat Compensation Are Required.
   • Unacceptable impacts to fish and fish habitat- Project Cannot Proceed as Designed.

Figure 1, "Project Review and Approval Process Under the Fisheries Act", identifies the various review and approval processes that a project may be subject to. As noted above, there are benefits associated with engaging experienced and qualified firms and individuals to develop a project in such a manner as to avoid or effectively mitigate any harmful impacts to fish and fish habitat. When projects are planned and designed to avoid harmful impacts to fish and fish habitat, Proponents can proceed with their project without the need for DFO review and approval. When projects cannot be designed to fully avoid negative impacts to fish and fish habitat, Proponents should request DFO advice or authorization prior to proceeding with the project.

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