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.

Standard Operating Policies

The intent of these internal standard operational policies is to provide guidance to Fisheries and Oceans (DFO) Habitat Management Program (HMP) staff. These policies and guides support the Habitat Management Program staff in making transparent and consistent decisions during the regulatory review of works or undertakings that may affect fish and fish habitat across Canada.

Departmental Position Statement: Application of the Habitat Protection Provisions of the Fisheries Act to Existing Facilities and Structures
The purpose of this Position Statement is to outline Fisheries and Oceans Canada's (DFO's) policy and approach for the application of the habitat protection provisions of the Fisheries Act to existing facilities and structures in or near fish-bearing waters that were constructed prior to the enactment of the provisions.

Habitat Compliance Decision Framework
The purpose of the Framework is to clarify compliance decision-making and promote consistency and transparency in the decision-making process. It also seeks to incorporate the notion of risk management into the habitat compliance decision-making process and thus align itself with the direction adopted on a government-wide basis.

Position Statement on the Management of Fish Mortality
The purpose of this statement is to outline the position of Fisheries and Oceans Canada (DFO) with respect to regulating the destruction of fish by means other than fishing.

Practitioners Guide to the Risk Management Framework
The purpose of this guide is to assist HMP practitioners to understand and incorporate the Risk Management Framework into predictable, coherent and defensible decision-making under the fish habitat protection provisions of the Fisheries Act. The Risk Management Framework (RMF) provides a science-based framework to categorize the risks to fish and fish habitat associated with development proposals and identify appropriate management options to reduce these risks.

Practitioners Guide to Writing Letters Used in and for Fisheries Act and Species at Risk Act Reviews
This guide provides direction to HMP practitioners on writing letters used in the referral review process under the habitat protection provisions of the Fisheries Act and the Species at Risk Act. This guide assists HMP practitioners prepare letters by applying a fair and consistent referral review process across Canada, while recognizing the need for local discretion.

Practitioners Guide to Habitat Compensation
This guide provides direction to HMP practitioners on the review of proposals that will likely result in harmful alteration, disruption or destruction of fish habitat (HADD) and will require compensation in order to achieve no net loss of productive capacity. Compensation is defined in the Policy for the Management of Fish Habitat as: "The replacement of natural habitat, increase in the productivity of existing habitat, or maintenance of fish production by artificial means in circumstances dictated by social and economic conditions, where mitigation techniques and other measures are not adequate to maintain habitats for Canada's fisheries resources."

Practitioners Guide to Writing an Authorization for the Application of the Habitat Protection Provisions of the Fisheries Act
The purpose of this guide is to assist Practitioners (DFO Habitat Management Program staff) in the preparation, writing, and issuance of Authorizations under the Fisheries Act subsection 35(2) and section 32, and incorporating Species at Risk Act requirements when appropriate.

This guide emphasizes the importance of writing Authorizations that are clear and easily interpreted not only by the proponent, but also for any Fisheries and Oceans official who may be conducting compliance and effectiveness monitoring.

Practitioners Guide to Letters of Credit
This guide helps HMP practitioners when requesting or drawing upon letters of credit from proponents as a condition of subsection 35(2) Fisheries Act Authorizations. In its simplest form, a letter of credit is a letter written by a financial institution promising to pay the beneficiary, in this case the Receiver General of Canada on behalf of Fisheries and Oceans Canada (DFO), an agreed upon sum of money if the conditions related to completing the habitat compensation works and/or the follow-up monitoring program are not fulfilled by the proponent.

Practitioners Guide to Fish Passage for DFO Habitat Management Staff
This guide provides direction to HMP Pracitioners on the application of those habitat protection provisions of the Fisheries Act which apply to managing Fish Passage Effects.