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.

Appendix A: Information Submission Requirements for Projects Reviewed by DFO

Fisheries and Oceans Canada (DFO), in conjunction with all involved federal departments, is committed to ensuring federal infrastructure projects are reviewed and approved in a timely and effective manner. The process below identifies the Information Submission Requirements that the Proponent must meet in order for their project to be reviewed in a timely and effective manner. Proponents are encouraged to provide all required information as early in the process as possible so that there will be no unnecessary delays in project reviews.

The information in this Appendix supports the text in Section 7.3 of the "Proponents Guide to Federally Funded Infrastructure Projects and the Fisheries Act" and provides additional information and guidance to Proponents.

Proponents are encouraged to retain the services of a qualified environmental service provider to examine siting, design and mitigation alternatives for projects likely to result in impacts to fish and fish habitat. Obtaining sound technical advice and guidance on these alternatives from qualified professional early in the planning process will often accelerate DFO's review.

Proponents should submit their project proposal to DFO for review if:

• they are uncertain that they can follow the advice in one of the following:
  • an Operational Statement, or other Standard Practice tool or process, that may exist in different Provinces, Territories and/or Municipalities; or
  • A one-window referral (project review) process where the Province or Territory is the first point of contact to review a proposed project, and is permitted to take into account fish and fish habitat issues to meet the requirements of the Fisheries Act. DFO has identified Agreements to established one-window approaches on the Operational Statements website.
• they proposed development may or will result in negative impacts to fish and fish habitat.

Step 1: Project planning and document preparation

The information below is requested by DFO to understand the nature and scope of the project and determine if there are any potential negative impacts to fish and fish habitat related to the proposed project:

• Contact information for Proponent, Contractor and Consultants;
• Location of the proposed development;
• Description of the aquatic environment, including drawings and photographs of the aquatic environment; and
• Description of the proposed development, including fish and fish habitat protection measures.

Proponents should refer to the "Proponents Guide to Information Requirements for Review under the Fish Habitat Protection Provisions of the Fisheries Act" (http://www.dfo-mpo.gc.ca/habitat/role/141/1415/14155/requirements-exigences/index-eng.asp) for more assistance on how to describe a proposed project for review by DFO. Additional information may be required depending on the location, scale and complexity of the proposed development and the ability to feasibly mitigate impacts associated with the project. Where an authorization is required, additional information in the form of a conceptual habitat compensation plan, financial securities and monitoring program may be required.

Step 2: Submit an "Infrastructure Funding" proposal

In order to initiate a review of a project proposal, the Proponent is required to fill out the "Request for Review under the Fish Habitat Protection Provisions of the Fisheries Act". The Proponent submits the request along with the project proposal to DFO for review. The Proponent should include the information in Sections A and B directly on the Form. The information in Sections C and D can either be included on the Form, where the project is complex or has many elements, or can be included within the development proposal submission.

The request should clearly identify when federal funds under the Building Canada Plan have been provided, and under what specific program.

Documents can be sent by mail, fax or email attachment to the local DFO Office. A copy of the documents should be retained as part of the project file.

Proponents are required to respect all municipal, provincial, territorial or federal legislation that applies to the work being carried out in relation to the proposed project. If the proposed project is in a province where there is a joint referral process between provincial agencies and DFO, the Proponent is to contact the province with the proposed project plans and any additional information required under the provincial process.

If a Proponent has any questions regarding these information requirements they should contact the local DFO Office.

Step 3: The review process

DFO staff will review the information provided to determine if there will be impacts to fish and fish habitat. There are three possible processes:

1. If there is No Fish Habitat at or near the proposed development, DFO staff will advise that the project may proceed as there are no concerns with respect to the Fisheries Act.
2. If the impacts to Fish and Fish Habitat can be avoided - DFO staff may provide advice on how to avoid impacts by recommending standard mitigation measures or by providing site-specific advice to address anticipated impacts (including relocation or redesign options) for the proposed project.
3. If the impacts to Fish and Fish Habitat are unavoidable - DFO staff will either conclude that the impacts to fish and fish habitat associated with the project proposal are acceptable and can be authorized, or that the impacts are unacceptable and the project cannot be authorized as proposed. Any Fisheries Act authorization issued will include a number of requirements and conditions such as mitigation measures, requirements for compensatory habitat to offset the loss of fish habitat associated with the project, and monitoring and reporting requirements.

Note that in certain circumstances, severe impacts to sensitive fish and fish habitats may be deemed by DFO to be unacceptable. In these cases, a Fisheries Act Authorization would not be issued for the proposed development.

Reminder - It is the Proponent's responsibility to ensure that they protect fish and fish habitat. Failure to comply with the habitat protection provisions of the Fisheries Act can lead to enforcement and legal action.