Forward Regulatory Plan 2026-2028
Aquatic Invasive Species
Amendments to the Aquatic Invasive Species Regulations pertaining to authorities for the deposit of deleterious substances
Enabling act: Fisheries Act
Description of the objective
Aquatic invasive species (AIS) pose a serious threat to freshwater and marine ecosystems. They can significantly affect local fisheries, reduce biodiversity and cause reductions in, or extinctions of, populations of indigenous fish and other aquatic species. Under certain conditions, the federal Aquatic Invasive Species Regulations (AIS Regulations) enable the Minister of Fisheries and Oceans Canada (DFO) and specific federal, provincial or territorial ministers to allow the use of pesticides to control an AIS or direct a person to use pesticides to control an AIS. Health Canada's Pest Management Regulatory Agency (PMRA) must register or approve pesticides under the Pest Control Products Act before DFO allows their use against an AIS.
DFO’s Aquatic Invasive Species National Core Program administers the AIS Regulations and leads federal efforts against AIS in Canada.
Amendments to the AIS Regulations are proposed to:
- harmonize the class substances that the AIS Regulations can allow with the PMRA-approved pest control product label, such that detoxifying agents, for example, may be used in order to mitigate potential adverse impacts of the pesticide on the environment
- obtain the authority for a regulator to amend, suspend, or cancel an authorization it has issued to reduce the administrative burden on persons to whom an authorization is issued and regulators
- strengthen accountability by specifying that conditions of an authorization issued must be followed by persons to whom an authorization is issued when using authorized classes of deleterious substances, including pesticides, to control an AIS
For more information, please visit the consultation profile for the proposed amendments to the AIS Regulations on DFO’s Public Consultations webpage.
Indication of business impacts
Analysis under the small business lens concluded that the proposed amendments will not impact Canadian small businesses.
Regulatory cooperation efforts (domestic and international)
Internationally, Canada has committed to prevent, control and eradicate invasive species that threaten ecosystems, habitat and native species under the United Nations Convention on Biological Diversity Kunming-Montreal Global Biodiversity Framework (Target 6).
In Canada, the management of AIS is a shared responsibility between federal, provincial and territorial governments. Also, specific federal, provincial and territorial ministers may allow the deposit of deleterious substances under the AIS Regulations.
The proposed amendments, if approved, would ensure that federal, provincial and territorial partners are able to fully use the AIS Regulations to allow AIS control activities that use registered pesticides as prescribed by PMRA.
PMRA, which is the federal jurisdiction responsible for regulating pest control products, is collaborating with DFO on this initiative.
Public consultation opportunities
The government conducted many public consultations before establishing the AIS Regulations in 2015. In early 2024, DFO initiated targeted engagement on its intent to propose regulatory changes with the general public, Indigenous peoples and multi-interest stakeholders. The proposed regulations were pre-published in the Canada Gazette, Part I, on November 1, 2025, for a 30-day public comment period.
Further Information
For more information, please visit the consultation profile for the potential amendments to the AIS Regulations on DFO’s Public Consultations webpage.
Departmental contact
Susan Roe
National AIS Manager, Aquatic Invasive Species National Core Program
Susan.Roe@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2023
Fisheries Management
British Columbia Sport Fishing Regulations, 1996
Enabling act: Fisheries Act
Description of the objective
Phase I: Fisheries Management Adjustments
A broad review of sport fishing regulations was announced in 2021 as part of the Harvest Transformation pillar of the Pacific Salmon Strategy Initiative (PSSI). This is the first of three phases to renew the overall management of the recreational fisheries in tidal and non-tidal waters of British Columbia. The proposed Regulations would:
- Integrate several conditions of licences into the Regulations to provide the flexibility required to respond to local circumstances
- Add species of fin fish, clams, and squid to the Regulations to enable the creation of species-specific restrictions
- Modernize certain definitions to reflect current fishing technology and clarify the Regulations
Phase II: Variation of fishing gear
This is the second of three phases to renew the overall management of the recreational fisheries in tidal and non-tidal waters of British Columbia. Proposed Regulations would modernize the BC sports fishing regulations to give DFO new tools to flexibly manage the use of a specific gears or methods used in recreational fisheries.
Development of Phase III includes exploring a regulatory framework for mandatory recreational guide catch reporting and guide fishing services in the tidal waters recreational fishery in BC.Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
Fisheries and Oceans Canada is collaborating with the Province of British Columbia as some changes would affect non-tidal fisheries which are enforced by the Ministry of Forests, Lands and Natural Resource Operations.
Public consultation opportunities
The Sport Fishing Advisory Board (SFAB) is a recognized forum for consultation with recreational fishers in British Columbia. The SFAB meets twice a year; once in the spring and once in the fall. The SFAB was advised of the specific amendments on January 17, 2023, and at subsequent meetings of the SFAB-DFO Regulatory Working Group.
Departmental contact
Glen Lehtovaara
Chief of Regulations, Pacific Region
Telephone: 250-895-0641
E-mail: glen.lehtovaara@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2024
Proposed Nunavut Fishery Regulations
Enabling act(s): Fisheries Act; Nunavut Land Claims Agreement Act (Nunavut Agreement), Nunavik Inuit Land Claims Agreement Act (Nunavik Inuit Land Claims Agreement), and Eeyou Marine Region Land Claims Agreement Act (Eeyou Marine Regional Land Claims Agreement).
Description of the objective
Although the Nunavut Agreement came into effect in 1993 and Nunavut was established in 1999, the Nunavik Land Claims Agreement came into effect in 2008, and the Eeyou Marine Region Land Claims Agreement came into effect in 2012, fisheries in these areas are still managed under a suite of fishery regulations including the Northwest Territories Fishery Regulations, the Marine Mammal Regulations, the Fishery (General) Regulations, the Atlantic Fishery Regulations. New regulations are needed that are consistent with harvesting rights and wildlife management systems established under northern land claims agreements, and to modernize governance structures that support implementation of Indigenous self-determination.
The proposed Nunavut Fishery Regulations are being co-developed by Fisheries and Oceans Canada (DFO), Nunavut Tunngavik Incorporated, the Government of Nunavut, Makivik Corporation and the Cree Nation Government. The proposed regulations would apply to all fish (including marine mammals) as defined by the Fisheries Act, and to Nunavut and adjacent marine waters (including the Areas of Equal Use and Occupancy, the Nunavik Marine Region, and the Eeyou Marine Region).
The development of new Nunavut Fishery Regulations would help meet Canada’s obligations to implement the fishery management elements of several Land Claim Agreements, and would help to:
- support the implementation of the fisheries (wildlife) management provisions of the Nunavut Agreement and the Nunavik Inuit Land Claims Agreement and the Eeyou Marine Region Land Claims Agreement
- recognize the existing responsibilities and authorities of fisheries management in Nunavut and adjacent waters
- recognize Indigenous harvesting rights
- ensure the sustainability of fish stocks and fisheries, and
- support and preserve access to markets for fish products (market access and eco-certification)
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
The Nunavut Fishery Regulations are being co-developed in partnership with Nunavut Tunngavik Incorporated, the Government of Nunavut, Makivik Corporation and the Cree Nation Government.
As part of the regulatory development process, consultation and engagement sessions with Nunavut and Nunavik Inuit and Eeyou Cree community members, beneficiaries, key Indigenous parties, co-management organizations and stakeholders has taken place.
Public consultation opportunities
Engagement and consultation has taken place with rights holders, and as well as with other governments, Indigenous communities and stakeholders inside and adjacent to Nunavut.
A draft policy proposal has been co-developed with the Partners and is now being used to support public consultation and elicit feedback to consider before finalizing the policy direction for the Nunavut Fishery Regulations.
Further information
More information on the proposed Nunavut Fishery Regulations can be found here and here.
Departmental contact
Christian Marcoux
Regional Director of Fisheries Management
Arctic Region
Telephone: 867-446-6990
Email: Christian.Marcoux@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2018
Pacific Fishery Regulations, 1993 – Stand-Alone Licences for Lingcod and Spiny Dogfish
Enabling act: Fisheries Act
Description of the objective
The proposed regulatory amendments would create standalone licences for Lingcod and Spiny Dogfish. Fishing for these species is currently authorized through licence conditions of vessel-based licences (“primary licences”), which allow harvest of a primary species (e.g. salmon, halibut, sablefish, etc.) and all Schedule II species.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
No regulatory cooperation efforts are required due to the nature of the proposed amendments.
Public consultation opportunities
Information on future consultation opportunities for this regulatory proposal will be provided as it becomes available.
Further information
N/A
Departmental contact
Glen Lehtovaara
Chief of Regulations, Pacific Region
Telephone: 250-895-0641
E-mail: glen.lehtovaara@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2021
Amendments to the Atlantic Fishery Regulations, 1985, the Maritime Provinces Fishery Regulations and the Newfoundland and Labrador Fishery Regulations – Tending Fishing Gear
Enabling act: Fisheries Act
Description of the objective
The Atlantic Fishery Regulations (AFR), Maritime Provinces Fishery Regulations (MPFR) and Newfoundland and Labrador Fishery Regulations (NLFR) have sections prohibiting any person from leaving fishing gear unattended in the water for more than 72 consecutive hours (96 hours for the NLFR). The purpose of these provisions is to minimize loss of fishing gear, incidental mortality, the potential for gear conflict, and spoilage of catch. The proposed amendments would provide for flexibility to consider alternative gear tending requirements on a fishery-by-fishery basis, such as longer or shorter gear tending times, where appropriate.
Indication of business impacts
Since the objective of the amendments are to increase flexibility, for commercial harvesters, there may be positive business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
No regulatory cooperation efforts are required due to the nature of the proposed amendments.
However, discussions will be held with other agencies (e.g. provincial governments, Transport Canada) as appropriate to ensure they are aware of proposed changes and have opportunity to raise any concerns.
Public consultation opportunities
Consultations began in January 2026 and concluded in February 2026. Commercial licence holders, Environmental Non-Governmental Organizations, Indigenous Chiefs and councils, and other industry stakeholders were engaged through an online survey and regular advisory processes across Atlantic Canada and the Arctic region. Upon pre-publication of this regulatory proposal, stakeholders and the public will have another opportunity to comment during an official 30-day comment period.
Further information
N/A
Departmental contact
Denis Madore
Manager, Domestic Fisheries Policy
Telephone: 343-572-4788
Email: denis.madore@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2019
Amendments to the Atlantic Fishery Regulations (Lobster Fishing Area 37)
Enabling Act: Fisheries Act
Description of the objective
Fisheries and Oceans Canada is proposing to update the map and coordinates in Schedule XIII (Lobster Fishing Areas), Part V of the Atlantic Fisheries Regulations (AFR). The proposed Amendments would replace outdated boundaries depicting Lobster Fishing Areas (LFA) 36, 37 and 38. The proposed updated boundaries have been in place on an interim basis through conditions of licence since the 2022-2023 commercial fishing season.
Indication of business impacts
Since the objective of the proposed Amendments is to amend the outdated LFA map to reflect interim measures applied through conditions of licence since the 2022-23 fishing season. There are no anticipated impacts associated with this proposal.
Regulatory cooperation efforts (domestic)
N/A
Public consultation opportunities
Consultations began in 2018 and concluded in 2026. Fisheries and Oceans Canada conducted many public consultations before establishing the interim boundary line to commercial and communal commercial (CC) licences for the 2024-25 and 2025-26 fishing seasons through conditions of licence (COL). Consultations and Engagement with Indigenous groups has been, and will continue to be, ongoing throughout these fishing seasons.
Further Information
N/A
Departmental contact
Megan Folkins
Area Director, Southwest New Brunswick
Telephone: 506-467-5468
Email: megan.folkins@dfo-mpo.gc.ca
Amendments to various regulations under the Fisheries Act (Close Times)
Enabling act: Fisheries Act
Description of the objective
DFO is in the process of addressing issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) regarding token or year-long fishery close times as set out in various regulations under the Fisheries Act. DFO would amend close times, as appropriate, in order to better reflect when fishing should not occur for conservation, biological or management reasons.
The proposed amendments would be made in a manner that would provide for the continuation of an orderly fishery, and preserve the DFO’s ability to address conservation concerns.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
No regulatory cooperation efforts are required due to the nature of the proposed amendments.
Public consultation opportunities
Information on future consultation opportunities for this regulatory proposal will be provided as it becomes available.
Further information
N/A
Departmental contact
Houman Kousha
Manager, Regulatory Affairs, Strategic Policy Directorate
Email: houman.kousha@dfo-mpo.gc.ca.
Date first included in the Forward Regulatory Plan: 2021
Amendments to the Maritime Provinces Fishery Regulations
Enabling act: Fisheries Act
Description of the objective
Fisheries and Oceans Canada (DFO), along with the provincial authorities of Nova Scotia (NS), New Brunswick (NB) and Prince Edward Island (PEI) responsible for administering portions of the Maritime Provinces Fishery Regulations (MPFR), have identified a suite of proposed changes to the MPFR. Among other things, the proposed changes relate to:
- creating opportunities to fish for species not named in the regulations including menhaden;
- expanding night fishing opportunities and allowing for fishing from a bridge in some locations;
- strengthening controls over the use of fish as bait to further protect fish stocks and aquatic ecosystems;
- designating striped bass as a sportfish;
- introducing a close time for jigging in NB and PEI;
- enabling the separate management of Atlantic sturgeon versus shortnose sturgeon and adding a possession limit for each;
- bringing periwinkle harvesting under the authority of the MPFR; and
- modernizing the MPFR to address new fishing technologies and practices such as the use of drones and clarifying the prohibition on the use of artificial light to attract fish.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
In Canada’s Maritime provinces (i.e., NS, NB and PEI), DFO and the Provinces collaboratively manage recreational fisheries via Memoranda of Understanding (MOUs). These MOUs delegate fishery management responsibilities for certain species to the Provinces. As such, the proposed regulatory amendments are being developed in coordination with these provincial governments.
Public consultation opportunities
Consultations with Indigenous organizations, stakeholder groups, and the public took place in 2023 and 2024.
The Department anticipates pre-publishing the proposed regulations in the Canada Gazette, Part I, for a 30-day public comment period in 2026.
Further information
N/A
Departmental contact
Brady Stevenson
Senior advisor, Maritimes regions
Phone: 902-237-3451
Email: brady.stevenson@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2024
Amendments to the Newfoundland and Labrador Fishery Regulations (Inland fisheries)
Enabling act: Fisheries Act
Description of the objective
The proposed regulatory Amendments would allow access to inland fisheries in non-schedule I waters by only permitting specific fishing gear or equipment (barbless hooks) during times when salmon is more vulnerable.
The proposed Amendments would also include the addition of new salmon bearing rivers to Schedule I of the regulations to provide additional protections for vulnerable salmon populations.
Finally, the proposed Amendments would increase the clarity of the regulations by including eels as a recreational species. The regulations would also be clarified by amending the fisheries close times in order to more accurately reflect when fishing actually occurs. Close times would be updated to reflect long-standing close times that are currently being implemented by means of variation orders.
Indication of business impacts
Analysis under the small business lens concluded that the proposed amendments will not impact Canadian small businesses.
Regulatory cooperation efforts (domestic and international)
DFO continues to work closely with the Government of Newfoundland and Labrador to support consistent and accurate naming of rivers within the Canadian Geographic Names Database, ensuring alignment in data standards and shared governance of naming decisions.
Public consultation opportunities
DFO representatives regularly attend meetings with the Inland Compliance and Resource Management Salmonid committee, the Salmonid Advisory Committee, the Labrador Salmon Advisory Committee, the Atlantic Salmon Federation, the Salmonid Council of Newfoundland and Labrador, and the Salmonid Association of Eastern Newfoundland. All aspects of these regulatory amendments were presented and discussed at these meetings. Additional follow-ups are planned in 2026.
Departmental contact
Kerry Bungay
A/Director, Conservation and Protection
E-mail: Kerry.Bungay@dfo-mpo.gc.ca
Fish and Fish Habitat Protection
Prescribed Works And Waters Regulations
Enabling act: Fisheries Act
Description of the objective
The proposed regulations would provide exception to the Fisheries Act prohibitions against the death of fish (section 34.4 (1)) and the harmful alteration, disruption or destruction of fish habitat (section 35 (1)) for prescribed classes of routine works, carried on in prescribed waters, in accordance with enforceable conditions. Conditions would include mandatory notification requirements and best available mitigation measures.
Regulations would increase regulatory efficiency by allowing routine activities, whose impacts are predictable and can be managed with class-specific measures, to be authorized without the need for a site-specific review by the department. This would ensure that the level of effort and resources expended by proponents and the department are commensurate with the level of risk to fish and fish habitat.
In addition, Regulations would:
- Protect fish and fish habitat by encoding mandatory, enforceable conditions, based on best practices, in regulations
- Provide consistent, predictable and transparent requirements for protecting fish and fish habitat, and
- Provide legal certainty to project proponents under the Fisheries Act
The first class of works that DFO is evaluating is maintenance and repair of municipal drains in Ontario. Municipal drains are constructed or altered natural watercourses established by municipal by-law pursuant to the Ontario Drainage Act. Drains remove excess water from agricultural and nearby lands to improve crop productivity and control flooding, and they provide valuable habitat for many species of fish.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
No regulatory cooperation efforts are required due to the nature of the proposed amendments. However, the proposed regulations may have the potential to lay the groundwork for the establishment of future equivalency arrangements with other regulators (provinces, territories, Indigenous governing bodies).
Public consultation opportunities
Public consultation with Indigenous organizations and stakeholders were conducted between 2021 and 2023 on certain classes, conditions and waterbodies that could be codified in the regulations.
The proposed Maintenance and Repair of Ontario Municipal Drains Regulations was pre-published in the Canada Gazette, Part I, on February 28, 2026, for a 30-day public comment period.
Further information
N/A.
Departmental contact
Miriam Padolsky
Director, Permitting Policies & Practices
Telephone: 613-762-8316
Email: miriam.padolsky@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2021
Amendments to the Authorizations Concerning Fish and Fish Habitat Protection Regulations
Enabling act: Fisheries Act
Description of the objective
The Authorizations Concerning Fish and Fish Habitat Protection Regulations (Authorization Regulations) set out the requirements for applications for authorizations referred to in paragraphs 34.4(2)(b) or 35(2)(b) the Fisheries Act. These are authorizations for works, undertakings or activities that result in the death of fish (other than by fishing) and/or the harmful alteration, disruption or destruction of fish habitat.
DFO is developing a proposal to amend the Authorizations Regulations to increase regulatory efficiency and support the implementation of application requirements that are right-sized to project type and/or risk. Amendments are in support of DFO’s Red Tape Reduction efforts and the Government’s Building Canada Strong agenda.
Indication of business impacts
The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
Provinces and territories have been invited to provide feedback on the proposed amendments.
Public consultation opportunities
Between December 2020 and March 2024, DFO conducted a multi-wave engagement process to gather input on its Fish and Fish Habitat Protection regulatory program from Indigenous Peoples, provinces and territories, and stakeholders with interests in the conservation and protection of fish and fish habitat. DFO also received submissions from the public through the Talk Fish Habitat website and via email. Extensive feedback received from this engagement is being considered during the development of the proposed regulatory amendments. Further targeted engagement is being conducted to follow up on comment previously received.
Departmental contact
Cindy Warwick
Manager, Instruments Policy and Development
Permitting Operations and Policy
Email: Cindy.warwick@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2026
Fisheries Policy
Fishery (General) Regulations - Fish Stocks
Enabling act: Fisheries Act
Description of the Proposed Regulation
Regulations are proposed to prescribe the second “batch” of major stocks that will be subject to the Fish Stocks provisions by amending Schedule IX of the Fishery (General) Regulations. Amongst other things, the Fish Stocks provisions would require the Minister of Fisheries and Oceans to:
- maintain major fish stocks, which are above their Limit Reference Point (LRP), at levels necessary to promote sustainability (section 6.1), and
- develop and implement rebuilding plans for stocks that have declined to, or below, their LRP (section 6.2)
Indication of business impacts
The proposed regulations introduce process requirements on DFO that build upon existing policies. The “One-for-One” Rule and/or Small Business Lens do not apply.
Regulatory cooperation efforts (domestic and international)
No regulatory cooperation efforts are required due to the nature of the proposed amendments.
Public consultation opportunities
DFO consulted on the proposed “batch 2” list of stocks to be prescribed by regulation to the Fish Stock provisions (ss. 6.1-6.3 Fisheries Act) on its website for a 60-day public comment period in fall 2022. The proposal was pre-published in the Canada Gazette, Part I, in October, 2024 for a 30 day public comment period.
Further information
N/A
Departmental contact
Rachelle Duval
Director, Fisheries Policy Division
Email: Rachelle.Duval@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2022
Marine Mammal Conservation
Marine Mammal Regulations – Southern Resident Killer Whale approach distance
Enabling act: Fisheries Act
Description of the objective
In Spring 2023, DFO launched the regulatory process to amend the Marine Mammal Regulations (MMR) under the Fisheries Act, including amendments to the approach distance for Southern Resident killer whales. As discussed during previous consultations, the proposed amendments are anticipated to be consistent with the proposed approach distance measure announced by the Government of Canada in March 2025.
The Department is committed to providing long-term stability and protection for Southern Resident killer whales and has made substantial progress toward the pre-publication of the proposed MMR amendments in Canada Gazette, Part I. Further details on what this means for the operational season will be made available during the Canada Gazette, Part I comment period. As with all regulatory changes, amendments come into effect once a final regulation is approved by the Governor in Council, registered, and published in Canada Gazette, Part II.
Indication of business impacts
No business impacts are anticipated for this proposal.
Regulatory cooperation efforts (domestic and international)
The Department is working in collaboration with Transport Canada to ensure that the proposed amendments are coordinated with the anticipated changes to Interim Orders made under the Canada Shipping Act as appropriate.
Public consultation opportunities
Public consultation with Indigenous organizations and stakeholders on proposed changes to approach distances for killer whales including SRKW were conducted between 2023 and 2025, and a What We Heard report published online in March 2025.
The proposed regulations were pre-published in the Canada Gazette, Part I on February 26, 2026 for a 45-day public comment period ending April 21, 2026. Indigenous organizations and partners, stakeholders, and the public had an opportunity to provide additional input on the proposed amendments during that time.
Further information
N/A
Departmental contact
Brett Gilchrist
Director, Fisheries and Oceans Canada
email: DFO.NCRFMMMRconsultation-consultationRMMGPRCN.MPO@dfompo.gc.ca
Date first included in the Forward Regulatory Plan: 2026
Marine Protected Areas
Enabling act: Oceans Act
Description of the objective
The Government of Canada has committed to conserving 30 per cent of Canada’s marine and coastal areas by 2030. Regulations may be developed under the Oceans Act to designate certain areas of the sea as Marine Protected Areas (MPAs). These areas can be designated to provide for the conservation and protection of:
- commercial and non-commercial fishery resources, including marine mammals, and their habitats
- endangered or threatened marine species, and their habitats
- unique habitats
- marine areas of high biodiversity or biological productivity
- marine areas for the purpose of maintaining ecological integrity
- any other marine resource or habitat as is necessary to fulfil the mandate of the Minister
MPAs are one of a suite of management tools that contribute to the improved health, integrity and productivity of our marine ecosystems and help advance integrated ocean management. The designation of MPAs is an ongoing process. Under the Oceans Act, MPAs may be designated either by Ministerial Order to freeze the footprint of human activities within their boundaries for a period no longer than 5 years, or through Governor in Council (GiC) regulations to provide comprehensive, long-term protection. Upcoming MPAs are expected to be made under each of these authorities based on their unique circumstances.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
The designation of MPAs contributes to Canada's efforts to implement measures relating to several international agreements, the most significant being the Convention on Biological Diversity (CBD). In December 2022, Parties to the CBD adopted the Kunming-Montreal Global Biodiversity Framework which includes the target to conserve at least 30 per cent of coastal and marine areas globally by 2030 (Target 3). The designation of MPAs would contribute to meeting these new international objectives.
Public consultation opportunities
Since the designation process can be complex, DFO is striving to ensure that the designation of an MPA is rooted in consultation with stakeholders, other orders of government, and Indigenous partners. Stakeholder Advisory Committees (composed of an array of affected/interested partners and stakeholders) participate in the policy work leading to the designation of each MPA. Local communities are also consulted to the extent possible. When proposed MPAs are pre-published in Canada Gazette, Part I, the public will have a minimum of 30 days to provide comments to DFO.
It is also anticipated that the Fundian Channel-Browns Bank Marine Area of Interest will be proposed for designation as an MPA by the Governor in Council in the Canada Gazette, Part I, during the 2026-2028 planning period. The proposed regulations would establish long term protections for the Area of Interest.
More information on areas being considered for designation as an MPA may be found on DFO’s website. Additional opportunities for public consultation on these proposed sites are anticipated during the 2026-2028 planning period.
Further information
Additional information regarding these initiatives can be found on DFO’s website, on the Areas of Interest page. Individual pages for each Area of Interest, including overviews, key objectives and approach, additional resources, and contact information can be found through that link.
Departmental contact
Lessard, David
Acting Manager, Marine Conservation Operations
Telephone: 613-818-6578
E-mail: David.Lessard@dfo-mpo.gc.ca
Date included in the Forward Regulatory Plan: 2012 (Ongoing)
Biodiversity Protection Regulations (s.43.3 of the Fisheries Act)
Enabling act: Fisheries Act
Description of the objective
The Government of Canada has committed to conserving 30 per cent by 2030. A key part of Canada's plan to meet these targets is the establishment of Marine Refuges that qualify as "other effective area-based conservation measures" (“OECMs”) according to DFO science-based marine criteria.
The legislative tools that are currently used for the creation of Marine Refuges in Canada's oceans are licence conditions or variation orders under the Fisheries Act. Licence conditions and variation orders under the Fisheries Act can be in place for long durations, subject to the Minister's discretion.
In addition, the modernized Fisheries Act (2019) provides the Minister with authority to make regulations to establish long term spatial restrictions to fishing activities, specifically for the purpose of conserving and protecting marine biodiversity.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
Establishing OECMs via ministerial regulations contributes to Canada's efforts to implement measures relating to several international agreements, the most significant being the Convention on Biological Diversity (CBD). On December 9, 2022, Fisheries and Oceans Canada (DFO) published the Government of Canada’s 2022 Guidance for Recognizing Marine Other Effective Area-Based Conservation Measures (OECM), which reflects the 2018 United Nations’ Convention on Biological Diversity (CBD) voluntary guidance and the 2019 Government of Canada marine OECM Protection Standard.
In December 2022, Parties to the CBD adopted the Kunming-Montreal Global Biodiversity Framework which includes the target to conserve at least 30 per cent of coastal and marine areas globally by 2030 (Target 3). The establishment of the OECMs via ministerial regulations will contribute to meeting these new international guidance and objectives.
Public consultation opportunities
The concept of establishing existing and future OECMs via ministerial regulations for the purpose of biodiversity protection has been included in broad engagement activities for the Fisheries Act Bill (Bill C-68); an Act to amend the Fisheries Act and other Acts in consequence.
Ministerial regulations could be made for existing and new OECMs, under the new regulatory authority to establish biodiversity protection regulations. Provincial and territorial governments, Indigenous groups and co-management partners, implicated fisheries advisory committees, and Environmental Non-Governmental Organizations will be engaged and consulted on these regulations.
It is anticipated that biodiversity protection regulations for the Scott Islands Protected Marine Area will be proposed by Ministerial Order in Canada Gazette, Part I during the 2026-2028 planning period. The proposed regulations would establish long term protections in support of the conservation objectives of the Scott Islands National Wildlife Area established by Environment and Climate Change Canada. When the proposed regulations will be pre-published in Canada Gazette, Part I, the public will have 30 days to provide comments to DFO.
Further information
General information about all existing marine refuges and OECMs can be found here.
A geospatial dataset can be downloaded here.
The two web pages above are for information purposes only, and should not be considered legally authoritative. Please contact your local fishery officer for official coordinates and information about these closures.
Departmental contacts
Brett Gilchrist
Director, Integrated Resource Management
Telephone: 613-998-1779
E-mail: Brett.Gilchrist@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan : 2018 (Ongoing)
Species At Risk (Aquatic)
Proposed Listing Decisions for Aquatic Species under the Species At Risk Act
Enabling act: Species at Risk Act
Description of the objective
Changes to the List of Wildlife Species at Risk (Schedule 1 or the List) are made by an Order of the Governor in Council (GiC), on the recommendation of the Minister of the Environment. An amendment to the List is considered a regulation within the meaning of the Statutory Instruments Act. Before making the recommendation, the Minister of the Environment must consult the competent minister or ministers for the species. The Minister of Fisheries and Oceans is the competent minister for aquatic species, other than individuals in or on federal lands administered by the Parks Canada Agency. To that end, DFO prepares listing advice for the Minister of Fisheries and Oceans to provide to the Minister of the Environment for his consideration in making listing recommendations to the GiC with respect to aquatic species.
Aquatic species listed on Schedule 1 as extirpated, endangered or threatened are, upon being listed, subject to the prohibitions under the Species at Risk Act (SARA) against the killing, harming, harassing, capturing, taking, possessing, collecting, buying, selling or trading of individuals of the listed species. It is also prohibited to damage or destroy the residence of individuals of a species that is listed as endangered or threatened, or that is listed as extirpated if a recovery strategy has recommended the reintroduction of the species into the wild in Canada. There are no prohibitions associated with aquatic species listed as species of special concern. SARA requires that an aquatic species' critical habitat be legally protected within 180 days of its identification in a final recovery strategy or action plan posted on the Species at Risk Public Registry.
This is a recurring process to amend Schedule 1 of SARA, based on the assessments of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). For species that are not yet on the List, the GiC may, on the recommendation of the Minister of the Environment, add a species to the List, decide not to add a species to the List, or refer the matter back to COSEWIC for further information or consideration. For species already on the List, the GiC may, on the recommendation of the Minister of the Environment, reclassify the species or remove it from the List. DFO takes into account a variety of factors in forming listing advice, including; science, stakeholder consultations, socio-economic analysis and species management.
The regulatory proposals would amend Schedule 1 of SARA to reflect assessments done by the COSEWIC. The orders would propose that the GiC, on the recommendation of the Minister of the Environment, either 1) decide to add aquatic species to Schedule 1; 2) decide not to add aquatic species to Schedule 1; or 3) refer the matter back to COSEWIC.
The regulatory proposals aim to help to maintain Canada’s biodiversity and the wellbeing of Canadian ecosystems through the recovery and protection of species at risk.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
No regulatory cooperation efforts are required due to the nature of the proposed amendments.
However, there may be opportunities for regulatory cooperation efforts, for those species at risk that are added to Schedule 1, once DFO commences recovery planning required subsequent to listing.
Public consultation opportunities
Thorough and broad consultations are carried out in support of the development of listing recommendations. In addition, DFO offers face-to-face meetings, or other forms of direct engagement, as appropriate. Various documents are published for public comment on the web-based Species at Risk Public Registry. An additional comment opportunity will be provided during the pre-publication of the proposed listing decisions in the Canada Gazette, Part I.
Further information
Information will be made available on each listing decision being proposed through the Species at Risk Public Registry, after a GiC decision.
Departmental contact
Corina Busby
Operations Manager, Species at Risk, Program Management
Telephone: 613-218-5945
E-mail: corina.busby@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2012 (Ongoing)
Orders for the Critical Habitat of Aquatic Species Listed Under The Species At Risk Act
Enabling act: Species at Risk Act
Description of the objective
Critical habitat is the habitat that is necessary for the survival or recovery of a wildlife species listed under the Species at Risk Act (SARA) and that is identified as the species' critical habitat in the recovery strategy or in an action plan for the species. Critical Habitat Orders (CHO) provide legal protection to the critical habitats of listed endangered or threatened species, or of a listed extirpated species, if a recovery strategy has recommended its reintroduction into the wild in Canada, through the application of the prohibition in subsection 58(1) of SARA against the destruction of any part of the species’ critical habitat.
SARA requires that the critical habitat be legally protected by provisions in, or measures under, SARA or any other Act of Parliament or by the application of subsection 58(1) of SARA within 180 days after the posting, on the Species at Risk Public Registry, of the final recovery strategy or action plan that identified the critical habitat.
CHOs for aquatic species are developed as recovery strategies or action plans, that identify critical habitat, are finalized.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.
Regulatory cooperation efforts (domestic and international)
The implementation of these SARA CHOs will complement existing federal legislation, such as the Fisheries Act.
SARA is a key tool for the conservation and protection of Canada’s biological diversity and fulfills a commitment made under the United Nations Convention on Biological Diversity. As such, the Orders will respect this international agreement in furthering the protection of significant habitats in Canada to conserve a Canadian species at risk.
There are no international trade agreements that will be impacted as a result of the CHOs.
Public consultation opportunities
For all species, consultation on the CHO begins during the preparation of the recovery strategy or action plan that identifies critical habitat. SARA mandates that the recovery strategy and action plan be prepared in cooperation and consultation with certain persons, organizations or wildlife management boards. Upon completion, the proposed recovery strategy or action plan is included on the Species at Risk Public Registry, at which time all Canadians are given a 60 day period to provide comments. The Minister of Fisheries and Oceans then has 30 days to review the comments or make appropriate changes before posting a final version of the recovery strategy or action plan on the Public Registry.
Further information
You can visit the Species at Risk Public Registry for more information on aquatic species at risk and critical habitat.
Departmental contact
Marie-Andrée Carrière
Manager, Species at Risk Recovery and Protection Manager
Telephone: 819-661-2379
Email: marie-andree.carriere@dfo-mpo.gc.ca
Date first included in the Forward Regulatory Plan: 2012 (Ongoing)
Amendments to Provincial and Territorial Regulations
Regulations Amending Certain Provincial or Territorial Regulations made under Federal Legislation
Enabling act(s): Fisheries Act
Description of the objective
Most provinces and territories administer and enforce federal regulations for the management of freshwater species in their respective jurisdictions through delegated administrative arrangements with the federal government. While those provinces and territories lead the implementation of the regulations, federal legislation must be amended by the Governor in Council (GiC).
Examples of regulations made under the Fisheries Act that may be amended at the request of the respective province or territory include the following:
- Ontario Fishery Regulations, 2007
- Quebec Fishery Regulations, 1990
- Manitoba Fishery Regulations, 1987
- Alberta Fishery Regulations, 1998
- British Columbia Sport Fishing Regulations, 1996
- Yukon Territory Fishery Regulations
- Northwest Territories Fishery Regulations
Regulatory cooperation efforts (domestic and international)
The proposed amendments are developed in cooperation with the respective responsible provincial and/or territorial authority.
Public consultation opportunities
Province and territories carry out consultations respecting proposed amendments to the regulations for which they have delegated responsibilities. The lead P/T agencies responsible for fisheries management will plan and execute public consultations, and will advise stakeholders and partners of such opportunities through their respective communications portals.
Further information
N/A
Departmental contact
For further information, please contact the responsible provincial or territorial government program.
Date first included in the Forward Regulatory Plan: 2023
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