In February 2018, the Government of Canada introduced Bill C-68, which reflected a commitment to review the changes made in 2012 to the Fisheries Act, in order to restore lost protections and incorporate modern safeguards. On June 21, 2019 the modernized Fisheries Act (Bill C-68) received royal assent and became law.
On August 28th, 2019 provisions of the new Fisheries Act came into force including new protections for fish and fish habitat in the form of standards, codes of practice, and guidelines for projects in and near water.
Fish and Fish Habitat Protection Provisions
The fish and fish habitat protection provisions of the Fisheries Act are the authorities for the regulation of works, undertakings or activities that risk harming fish and fish habitat in Canada.
The main Fish and Fish Habitat Protection Provisions:
- Protects all fish and fish habitats
- Restores the previous prohibition against causing “the death of fish by means other than fishing” (DoF)
- Restores the previous prohibition against causing “ harmful alteration, disruption or destruction of fish habitat” (HADD)
- Establishes standards and codes of practice. Standards and codes of practice are non-regulatory tools that specify procedures, minimum requirements, the potential harmful impacts to be managed, and the measures to implement to ensure the protection of fish and fish habitat and compliance with the Fisheries Act. When using a code of practice, a DFO notification form must be submitted.
- Establishes a special class of works/projects (i.e., designated projects) that will require a permit/authorization under the Fisheries Act
- Manages or controls existing obstructions that are detrimental to fish or fish habitat. This will require the owner/operator of existing obstructions to ensure the free passage of fish and/or provide sufficient flow downstream of the obstruction to conserve/protect fish and fish habitat (e.g., install fish ladders).
- Establishes a new system for the creation, allocation and management of habitat credits
How GHD can help?
The new Fisheries Act and its protection provisions apply to any on-going or proposed projects in or near water (i.e., creeks, rivers, lakes, wetlands, etc.). GHD’s technical team has extensive experience in the interpretation and application of the Fisheries Act. For more information, please contact us to see how we can help you navigate the changes to the Fisheries Act.
For more information, please contact:
Robyn Leppington, Senior Aquatic Biologist | E: robyn.leppington@ghd.com