Reviews and Authorizations

If your project does not fit under an Operational Statement or if you are unable to comply with the Operational Statements for your province or territory, your project should be reviewed by DFO and may require an authorization. Contact your local DFO office.

You can use the following steps to guide you through the review process:

Step 1: Prepare a Proposal

In order to assess your project, DFO will require the information listed below. In some cases, additional information may be required and DFO personnel will contact you after reviewing your request.

The proposal should include:

• your name, address, telephone number and, if available, a fax number and e-mail address;
• the water body name and location of the work site, including the complete legal description, and, if known, the latitude and longitude;
• the type of activity being proposed, such as bridge construction, culvert installation, or dock building;
• the rationale for the project;
• proof of ownership for each of the properties where the work will be done and the most recent legal survey(s);
• a detailed description of the work site including a signed and dated site map or sketch with dimensions indicating the location of existing buildings, property lines and the average annual high-water mark;
• a copy of your plans containing a description of construction details, timing, building techniques and materials, and, if possible, a description of any alternative designs being considered;
• a list of equipment to be used;
• photographs of the work site and the surrounding shoreline during ice-free and snow-free conditions if possible;
• the proposed start and end date for the project;
• a description of the substrate at the work site (sand, silt, clay, rock, gravel and aquatic vegetation, etc.);
• a description of existing fish habitat and fish communities (species names) at or near the site;
• any mitigation measures you plan to introduce to minimize harmful impact (e.g., working in the dry, sediment erosion controls, etc.); and
• a list of federal, provincial, territorial, or municipal government agencies you have contacted or that have contacted you.

Step 2: Submitting your Proposal

Send your proposal to the DFO office closest to the location of your project (see the Contact Us page). Save a copy of your proposal for your personal files.

* For Ontario residents, your first point of contact is your local Conservation Authority. If you live outside of a Conservation Authority, then you should contact your local Ontario Ministry of Natural Resources office, which conducts the first level of review on behalf of DFO. If your proposed project is in an area under Parks Canada jurisdiction, you must contact your local Parks Canada office.

Note that in some provinces and territories, the provincial or territorial government has established procedures under their own laws to review proposed projects. Where applicable, you should also submit your request to the responsible provincial or territorial agency as well as DFO.

Step 3: Reviewing the Proposal

Once your proposal has been reviewed, a determination will be made as to whether fish habitat will be affected by the project. There are three possible outcomes:

1. There is no fish habitat. You will be advised that DFO has no concerns.
2. There is fish habitat but any harmful alteration, disruption or destruction (HADD) can be avoided. DFO staff can assist you with mitigation and redesign measures that, if followed, will avoid a HADD. A Letter of Advice may be issued instead of an authorization.
3. There is fish habitat and a HADD cannot be avoided through redesign, relocation or other mitigative measures. In this case,

1. DFO may determine that the HADD is unacceptable and no authorization will be granted; or
2. DFO may consider the HADD acceptable and may issue an authorization, which will include a requirement for a Plan to compensate for the loss of fish habitat. However, before DFO can issue an authorization, an Environmental Assessment must be undertaken in accordance with the Canadian Environmental Assessment Act. You should also apply for an authorization.

Step 4: Applying for an Authorization

If, after reviewing the proposal, DFO determines that your project will need an authorization, you will receive a notification package that includes an Application for Authorization for Works or Undertakings affecting Fish Habitat and materials related to the Canadian Environmental Assessment Act. By returning the completed application to DFO, staff will be able to work directly with you to meet the requirements under the Fisheries Act and the Canadian Environmental Assessment Act related to your project.

If granted, an authorization contains conditions which require you to undertake specific mitigation, compensation and monitoring activities. If you do not follow these conditions, you may be found to be in violation of section 35 of the Fisheries Act. Offences under section 35 may result in substantial fines, and possibly the risk of imprisonment. A violator may also be required to cover the costs of restoring the habitat and may be required to perform other court ordered remedies.

Step 5: If you need an Authorization, make sure you have it before you start any work

Be aware that authorizations are not guaranteed. In some cases, the fish habitat affected by your project may be considered critical habitat and approval may not be granted.

Protecting the environment is the responsibility of all Canadians. Please help us to protect our aquatic resources for the enjoyment of present and future generations.