Language selection

Government of Canada / Gouvernement du Canada

Search

When an authorization or permit may be required

A Fisheries Act authorization may be required if your project is likely to cause the death of fish or result in harmful alteration, disruption or destruction of fish habitat.

Projects affecting aquatic species at risk or their critical habitat may also be required to meet permitting requirements under the Species at Risk Act (SARA). In most cases, you only need to apply for a Fisheries Act authorization, and we will consider any applicable SARA requirements as part of our review.

On this page

Overview

Authorizations and permits include legally binding conditions that proponents must follow to:

See the Plan section for more information.

DFO reviews applications for authorization, notifies the applicant when the information submitted is adequate, and whether you need to submit an offsetting plan to compensate for harmful impacts to fish and fish habitat.

Steps

Projects in or near water can affect fish and fish habitat and may require authorization by DFO. Work through the steps below to determine if you should apply for a Fisheries Act authorization.

1. Project is in or near water

Projects near rivers, streams, lakes, wetlands, oceans, shorelines, or seasonal watercourses may affect fish and fish habitat.

If your project is not near water, a DFO authorization is not needed.

Please follow the Project pre-screening for more information about where authorizations are not needed.

2. Project could affect fish or fish habitat

Projects may need authorization if they:

Even small projects may need authorization if risks to fish and fish habitat cannot be avoided.

Please refer to the Pathways of Effects diagrams to help identify the types of impacts your project could cause. DFO has also developed Measures and procedures to avoid and mitigate risks to fish and fish habitat that are relevant to most projects, to help proponents prevent and reduce harmful impacts to fish and fish habitat.

3. Check guidance, codes of practice, and mitigation measures and best practices

DFO provides guidance to help you avoid and mitigate risks for many common project types.

Avoidance measures: Proponents should avoid working in or near water whenever possible. Projects that avoid impacts to fish and fish habitat generally do not require a Fisheries Act authorization or a Species at Risk Act permit. Avoidance measures can be used to avoid risks to fish and fish habitat. If you have determined that all risks can be avoided by following the avoidance measures, there is no need to notify or submit an application for authorization to DFO.

Codes of practice and Equivalent industry practices are designed for routine projects and specify conditions and measures to avoid harmful impacts to fish and fish habitat. If you can follow the measures and meet all of the conditions of the applicable code of practice or equivalent industry practice, DFO does not need to review your project, you simply notify DFO using the Project Submission Tool.

If you determine that some risks cannot be avoided, or codes of practice are not adequate for your project, please review the Measures and procedures to avoid and mitigate risks and Technical standards, and apply for an authorization through the Project Submission Tool.

Mitigation measures and procedures and Technical standards can be used to reduce or minimize risks to fish and fish habitat, and their use significantly reduces impacts to fish and fish habitat, streamlines the review and approval of your application for authorization, and may eliminate the need to offset the impacts caused by your project. Once you've determined which mitigation measures and procedures are relevant for your project, submit an application for authorization through the Project Submission Tool.

Note: Ontario municipalities can undertake certain routine maintenance and repair activities on eligible municipal drains without requiring a dedicated DFO review. The Maintenance and Repair of Ontario Municipal Drains Regulations authorize impacts to fish and fish habitat, as long as municipalities comply with specified design standards and environmental protection measures. Municipalities are required to submit both pre-project and post-project notifications through the Ontario municipal drain notification in the Project Submission Tool.

4. Check for more requirements

Some projects may need authorization under the Fisheries Act or permits under the Species at Risk Act. This includes projects:

5. Offsetting and habitat banking

If impacts cannot be fully avoided or mitigated, proponents may be required to submit an offsetting plan to counterbalance remaining (residual) harmful impacts to fish and fish habitat.

DFO will notify you if you are required to offset your impacts. If you have a fish habitat bank, you can use credits from the habitat bank for offsetting. Otherwise, you will need to submit an offsetting plan.

An offsetting plan describes the measures you will undertake to restore, enhance, or create fish habitat that will counterbalance harmful impacts to fish and fish habitat. Information on offsetting and habitat banking, including guidelines on how to develop an offsetting plan can be found in the Plan section.

6. Indigenous engagement and consultation

Proponents are strongly encouraged to engage early with Indigenous communities. This can help:

Proponents may be required to submit, as part of their application for authorization, a list of Indigenous groups that may be affected by the project and a summary of engagement activities undertaken. Related information can be found here: Project planning: Engaging with Indigenous Peoples.

Under section 35 of the Constitution Act (1982), the Government of Canada has a duty to consult Indigenous Peoples when decisions may adversely affect Aboriginal or treaty rights, such as through the issuance of a Fisheries Act authorization.

DFO may undertake Crown consultation with Indigenous groups regarding potential impacts of your proposed project on Indigenous rights. Consultation requirements may affect authorization timelines, particularly for complex projects.

Find more information on Indigenous engagement and consultation.

7. More assistance

The Plan section includes:

Using these resources early in project planning can help reduce delays and avoid risks to fish and fish habitat. DFO also provides specialist guidance for proponents of Major projects.

Major projects Concierge Service

We offer a Concierge Service for certain major projects to help proponents understand requirements, prepare applications, and navigate our regulatory process.

For more information on this service, and to see if your project may qualify, please contact your regional office of DFO's Fish and Habitat Protection Program to be put in touch with your concierge service coordinator.

Contact professional help if you are unsure

For additional help, seek advice from a qualified environmental professional (QEP). A qualified professional can help assess potential risks to fish and fish habitat, prepare technical information, and support the application process for a Fisheries Act authorization or a Species at Risk Act permit. People who provide this type of support are often referred to as a:

Page details

Date modified: