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Section 9
Federal Requirements for Waterpower Development Environmental Assessment Processes in Ontario
PRACTITIONER'S GUIDE – Version 1.0, March 2006
9.0 The Role of Conservation Authorities, the Ministry of Natural Resources and Parks Canada Agency in Addressing Fish Habitat
9.1 Role of Conservation Authorities
Fisheries and Oceans Canada (DFO) has signed agreements with the majority of the 36 Conservation Authorities in Ontario to review proposed projects under section 35 of the Fisheries Act. Section 35 of the Fisheries Act deals with the management and protection of fish habitat. There are three different levels of agreement that have been signed between these parties, as defined in Table 9.1.
Table 9.1: Definition of Levels of Agreement with Conservation Authorities in Ontario
Level of Agreement |
Definition |
|---|---|
Level I |
The local Conservation Authority conducts the initial review of the project to identify any impacts to fish and fish habitat. If there are potential impacts to fish and fish habitat, the project is forwarded to the local DFO district office for further review. |
Level II |
In addition to the above, the Conservation Authority determines how the proponent can mitigate any potential impacts to fish and fish habitat. If impacts to fish and fish habitat can be mitigated, then the Conservation Authority issues a letter of advice. If impacts to fish and fish habitat cannot be fully mitigated, the project is forwarded to the local DFO district office for further review. |
Level III |
In addition to all of the above, the Conservation Authority works with the proponent and DFO to prepare a fish habitat compensation plan. The project is then forwarded to the local DFO office for authorization under the Fisheries Act. |
These agreements were developed to streamline day-to-day referrals in Ontario for projects that may have a shared regulatory interest between DFO and the Conservation Authorities. These agreements were put in place to improve client service with a one window approach.
Where there are agreements with the Conservation Authorities in place, initial requests for the review of projects in or around water that may affect fish and fish habitat are referred to the local Conservation Authority. Therefore, Conservation Authorities are the first point of contact for the majority of projects in and around water in Ontario. Depending on the level of agreement, Conservation Authorities will undertake an initial review of the project, provide mitigation advice and/or review habitat compensation plans. Projects requiring review, Fisheries Act authorization and/or assessment under CEAA are forwarded to DFO.
Table 9.2 outlines the agreements that are currently in place with Conservation Authorities in Ontario.
Table 9.2: Agreements with Conservation Authorities in Ontario
Conservation Authorities with Level 1 Agreements |
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Conservation Authorities with Level 2 Agreements |
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Conservation Authorities with Level 3 Agreements |
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Note : These levels of agreement are as of the time of writing of this guidance document and may be subject to change.
Further details on the reviews undertaken for each of the three levels of agreement, along with decision-making responsibilities, are found in A Protocol for Detailing the Fish Habitat Referral Process in Ontario (August 2000 – see Selected References).
9.2 Ministry of Natural Resources
In cases where there is no Conservation Authority, the local Ministry of Natural Resources (MNR) office is the first point of contact for the review of projects in and around water that may affect fish and fish habitat.
DFO also has an agreement with the Ontario Ministry of Natural Resources (MNR) to review certain projects relative to fish and fish habitat. MNR acts as a Level 3 reviewer for Ministry of Transportation projects, Community Fisheries and Wildlife Involvement Projects (CFWIP) and projects that are subject to the Crown Forest Sustainability Act.
Some approvals issued by MNR, such as work permits and land use permits, have the potential to impact fish and fish habitat. In such cases, MNR conducts the initial review and the project is forwarded to the appropriate DFO District Office/CA for further review before a decision is made by MNR on the issuance of their approval.
9.3 Parks Canada Agency
DFO also has an agreement in place with the Parks Canada Agency, similar to that described in Section 9.2. Parks Canada Agency is responsible for the initial review, mitigation requirements and some compensation planning of fish habitat for projects in National Parks, National Marine Conservation Areas, National Historic Canals and National Historic Sites. Projects requiring a Fisheries Act authorization are referred to DFO for review and approval.
