Authorizations Concerning Fish and Fish Habitat Protection Regulations (SOR/2019-286)

AMENDMENTS NOT IN FORCE

• — SOR/2026-144, s. 1

  • 1 Section 1 of the Authorizations Concerning Fish and Fish Habitat Protection RegulationsFootnote ¹ and the heading before it are replaced by the following:

    • Return to footnote ¹SOR/2019-286

    Definitions

    • Definitions

      1 The following definitions apply in these Regulations.

      Act

      Act means the Fisheries Act. (Loi )

      DFO technical standards

      DFO technical standards means a document, as amended from time to time, of a technical or explanatory nature that is published by the Department of Fisheries and Oceans and that provides measures to avoid the death of fish or to mitigate the extent of their death and to avoid or mitigate the harmful alteration, disruption or destruction of fish habitat. (normes techniques du MPO)

      existing facility

      existing facility means a structure constructed prior to July 14, 1977, and located wholly or partially in fish habitat. (installation existante)

      municipality

      municipality means an incorporated city, town, village, metropolitan authority, township, district, county or rural municipality or other incorporated municipal body however designated. (municipalité)

• — SOR/2026-144, s. 2

  • 2 Section 2 of the Regulations is replaced by the following:

    • Issuance of authorization

      2 The Minister may, on application, issue an authorization referred to in paragraph 34.4(2)(b) or 35(2)(b) of the Act.

    • Application for authorization

      • 2.1 (1) Subject to subsection (2), an application in respect of one or more works, undertakings or activities must be made to the Minister in writing and include

        • (a) the information and documents set out in Part 1 of Schedule 1; and

        • (b) the information and documents set out in Part 2 of Schedule 1.

      • Application — existing facility

        (2) An application in respect of one or more works, undertakings or activities in relation to the operations of an existing facility must be made to the Minister in writing and include

        • (a) the information and documents set out in Part 1 of Schedule 3; and

        • (b) the information and documents set out in Part 2 of Schedule 3.

      • DFO technical standards

        (3) Despite subsection (1), an application in respect of one or more works, undertakings or activities need not contain the information and documents referred to in paragraph (1)(b) with respect to any work, undertaking or activity for which the applicant confirms in writing that the applicable chapter of the DFO technical standards will be followed.

      • DFO technical standards — existing facility

        (4) Despite subsection (2), an application in respect of one or more works, undertakings or activities in relation to the operations of an existing facility need not contain the information and documents referred to in paragraph (2)(b) with respect to any work, undertaking or activity for which the applicant confirms in writing that the applicable chapter of the DFO technical standards will be followed.

• — SOR/2026-144, s. 3

  • 3 The portion of section 3 of the Regulations before paragraph (a) is replaced by the following:

    • Information to be provided — emergency situation

      3 Only the information set out in Schedule 2 must be provided to the Minister in support of an application in respect of one or more works, undertakings or activities that need to be carried on without delay in response to the following situations:

• — SOR/2026-144, s. 4

  • • 4 (1) Subsection 4(1) of the Regulations is replaced by the following:

      • Application under section 2.1

        • 4 (1) This section applies to applications referred to in section 2.1.

    • (2) Subsections 4(3) to (5) of the Regulations are replaced by the following:

      • Risk assessment by Minister

        (2.1) For the purposes of subparagraphs (3)(b)(i) and (c)(i), the Minister must conduct a risk assessment in respect of an application for authorization in order to determine whether offsetting the death of fish or the harmful alteration, disruption or destruction of fish habitat is required.

      • 90-day time limit

        (3) Subject to subsections (6) and (8), the Minister must, within a period of 90 days beginning on the day on which the application is received, notify the applicant in writing of one of the following:

        • (a) the application is inadequate with respect to the information and documents referred to in subsection 2.1(1) or (2), in which case the notification must specify the information or documents to be provided;

        • (b) the application is adequate with respect to the information and documents referred to in subsection 2.1(1) or (2), and that

          • (i) further to a risk assessment that was conducted by the Minister, offsetting the death of fish or the harmful alteration, disruption or destruction of fish habitat is not required, and

          • (ii) if applicable, the Minister considers that consultations are required; or

        • (c) the application is adequate with respect to the information and documents referred to in subsection 2.1(1) or (2), and that

          • (i) further to a risk assessment that was conducted by the Minister, offsetting the death of fish or the harmful alteration, disruption or destruction of fish habitat is required and the following must be provided:

            • (A) the information and documents set out in Part 3 of Schedule 1, if the application is in respect of one or more works, undertakings or activities,

            • (B) the information and documents set out in Part 3 of Schedule 3, if the application is in respect of one or more works, undertakings or activities in relation to the operations of an existing facility, and

            • (C) an irrevocable letter of credit issued by a recognized Canadian financial institution or another equivalent financial guarantee, including a performance bond, to cover the costs of implementing the offsetting plan referred to in Part 3 of Schedule 1 or Part 3 of Schedule 3, and

          • (ii) if applicable, the Minister considers that consultations are required.

      • Exception

        (3.1) Clause (3)(c)(i)(C) does not apply if the applicant is His Majesty in right of Canada or of a province, the government of a territory, a municipality or an Indigenous governing body.

      • Confirmation of receipt

        (4) The Minister must, on receipt of all of the information or documents set out in the notification referred to in paragraph (3)(a), send to the applicant a confirmation of receipt that indicates the date of receipt.

      • Subsection (3) applies again

        (4.1) Once the confirmation of receipt is sent, subsection (3) applies to the application again, except that the period begins on the date indicated in the confirmation of receipt.

      • Application adequate

        (4.2) If the application is adequate with respect to the information and documents referred to in subsection 2.1(1) or (2) and those referred to in subparagraph (3)(c)(i), if applicable, and the consultations referred to in subparagraph (3)(b)(ii) or (c)(ii), if applicable, have been conducted, the Minister must notify the applicant in writing to that effect.

      • Minister’s decision

        (5) Subject to subsections (6) and (8), the Minister must, within a period of 60 days beginning on the date of the notification referred to in subsection (4.2), issue an authorization to the applicant or notify them in writing of the refusal to do so.

    • (3) Paragraphs 4(6)(c) to (e) of the Regulations are replaced by the following:

      • (c) circumstances require that relevant information or documents other than those referred to in subsection 2.1(1) or (2) and subparagraph (3)(c)(i), if applicable, be obtained or that amendments to the information or documents submitted by the applicant be made before the Minister makes their decision under subsection (5);

      • (d) the Minister considers that consultations are required before they make their decision under subsection (5); or

      • (e) an Act of Parliament, a regulation made under an Act of Parliament or a land claims agreement provides that a decision be made or that conditions be met before the Minister makes their decision under subsection (5).

    • (4) Paragraph 4(8)(d) of the English version of the Regulations is replaced by the following:

      • (d) the consultations referred to in paragraph (6)(d) have been conducted;

• — SOR/2026-144, s. 5

  • 5 Paragraphs 5(c) and (d) of the Regulations are replaced by the following:

    • (c) the updated information and documents set out in Schedule 1, 2 or 3 that are necessary to support the request; and

    • (d) a description of the likely effects of the amendment on fish and fish habitat, if not otherwise submitted under paragraph (c).

• — SOR/2026-144, s. 6

  • 6 Paragraph 6(d) of the Regulations is replaced by the following:

    • (d) a description of the likely effects of the suspension on fish and fish habitat.

• — SOR/2026-144, s. 7

  • 7 Paragraph 7(d) of the Regulations is replaced by the following:

    • (d) a description of the likely effects of the cancellation on fish and fish habitat.

• — SOR/2026-144, s. 8

  • • 8 (1) Subsections 8(2) to (4) of the Regulations are replaced by the following:

      • 90-day time limit

        (2) Subject to subsections (5) and (7), the Minister must, within a period of 90 days beginning on the day on which the request is received, notify the authorization holder in writing of one of the following:

        • (a) the request is inadequate with respect to the information and documents referred to in sections 5, 6 or 7, in which case the notification must specify the information or documents to be provided; or

        • (b) the request is adequate with respect to the information and documents referred to in sections 5, 6 or 7.

      • Confirmation of receipt

        (3) The Minister must, on receipt of all of the information or documents set out in the notification referred to in paragraph (2)(a), send to the authorization holder a confirmation of receipt that indicates the date of receipt.

      • Subsection (2) applies again

        (3.1) Once the confirmation of receipt is sent, subsection (2) applies to the request again, except that the period begins on the date indicated in the confirmation of receipt.

      • Minister’s decision

        (4) Subject to subsections (5) and (7), the Minister must, within a period of 60 days beginning on the date of the notification referred to in paragraph (2)(b), amend, suspend or cancel the authorization or notify the authorization holder in writing of the refusal to do so.

    • (2) Paragraphs 8(5)(c) to (e) of the Regulations are replaced by the following:

      • (c) circumstances require that relevant information or documents other than those referred to in sections 5 to 7, as applicable, be obtained or that amendments to the information or documents submitted by the authorization holder be made before the Minister makes their decision under subsection (4);

      • (d) the Minister considers that consultations are required before they make their decision under subsection (4); or

      • (e) an Act of Parliament, a regulation made under an Act of Parliament or a land claims agreement provides that a decision be made or that conditions be met before the Minister makes their decision under subsection (4).

    • (3) Paragraph 8(7)(d) of the English version of the Regulations is replaced by the following:

      • (d) the consultations referred to in paragraph (5)(d) have been conducted;

• — SOR/2026-144, s. 9

  • 9 Paragraph 9(1)(c) of the Regulations is replaced by the following:

    • (c) the Minister becomes aware of new information that demonstrates that

      • (i) the death of fish or the harmful alteration, disruption or destruction of fish habitat is or will be different than anticipated by the Minister at the time of issuance of the authorization, or

      • (ii) the avoidance, mitigation or offsetting measures set out in the conditions, if applicable, are not achieving the outcomes anticipated by the Minister at the time of issuance of the authorization; or

• — SOR/2026-144, s. 10

  • 10 The Regulations are amended by adding the following after section 9:

    • Minister’s amendment

      9.1 The Minister, on their own initiative, may amend, in whole or in part, any authorization if they become aware of new information that demonstrates that further action is necessary to avoid, mitigate or offset the death of fish or the harmful alteration, disruption or destruction of fish habitat.

• — SOR/2026-144, s. 11

  • 11 Sections 10 and 11 of the Regulations are repealed.

• — SOR/2026-144, s. 12

  • 12 Schedules 1 and 2 to the Regulations are replaced by Schedules 1, 2 and 3 set out in the schedule to these Regulations.

    SCHEDULE 1(Paragraphs 2.1(1)(a) and (b), clauses 4(3)(c)(i)(A) and (C) and paragraph 5(c))Information and Documents to Be Provided
    

    PART 1

    Contact Information

    • 1 The name, address, email address and telephone number of the applicant and, if applicable, their representative.

    Description of Proposed Work, Undertaking or Activity

    • 2 A description of each proposed work, undertaking or activity and, if applicable, a description of the project that the proposed work, undertaking or activity is a part of, including

      • (a) the purpose of the proposed work, undertaking or activity and, if applicable, the project;

      • (b) the associated infrastructure;

      • (c) any associated permanent or temporary structure; and

      • (d) the construction methods, building materials, explosives, machinery and other equipment that will be used.

    • 3 If physical works are proposed, the area, in square metres, of those works and, for works in or near water, the project engineering specifications, scale drawings and dimensional drawings.

    Phases, Schedule and Duration

    • 4 A description of the phases, schedule and expected duration of the proposed work, undertaking or activity and, if applicable, a description, schedule and expected duration of the project that the proposed work, undertaking or activity is a part of.

    Location

    • 5 A description of the location of the proposed work, undertaking or activity and, if applicable, of the location of the project that the proposed work, undertaking or activity is a part of, including

      • (a) geographic coordinates;

      • (b) a small-scale site plan identifying the general location and boundaries;

      • (c) a large-scale site plan indicating the size of the planned facilities, infrastructure and any related components and their spatial relationship to any existing structures, landmarks, water sources, water bodies or other geographic features; and

      • (d) the name of any watersheds, water sources and water bodies that are likely to be affected and the geographic coordinates of the water sources and water bodies.

    • 6 The name of the community nearest to the location and the name of the county, district or region and the province or territory where the proposed work, undertaking or activity will be carried on.

    Fish and Fish Habitat

    • 7 A description of the fish and fish habitat found at the location of the proposed work, undertaking or activity and within the area likely to be affected by the proposed work, undertaking or activity, including

      • (a) the type of water source or water body;

      • (b) the characteristics of the fish habitat and how those characteristics directly or indirectly support fish in carrying out their life processes;

      • (c) date-stamped photographs that clearly indicate the habitat characteristics that are likely to be affected by the proposed work, undertaking or activity;

      • (d) the fish species that are present and, if available, an estimate of the abundance of those species; and

      • (e) a description of how the information provided under paragraphs (a) to (d) was obtained, including the sources, methods and sampling techniques used.

    PART 2

    Effects on Fish and Fish Habitat

    • • 8 (1) A description of the likely effects of the proposed work, undertaking or activity on fish and fish habitat. The description must include

        • (a) the fish species that are likely to be affected and the life stages of the individuals of those species;

        • (b) the type and extent of fish habitat that is likely to be affected;

        • (c) the probability, severity, geographic extent and duration of the likely effects on fish and fish habitat; and

        • (d) a description of how the information provided under paragraphs (a) to (c) was derived, including the methodologies used.

      • (2) A description of

        • (a) how the effects referred to in subsection (1) are likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat; and

        • (b) the extent of the death of fish or the harmful alteration, disruption or destruction of fish habitat.

    Measures and Standards

    • 9 A description of the measures and standards that will be implemented, including an analysis of the expected effectiveness of those measures and standards, to

      • (a) avoid the death of fish or to mitigate the extent of their death; and

      • (b) avoid or mitigate the harmful alteration, disruption or destruction of fish habitat.

    • 10 A description of the monitoring measures that will be implemented to assess the effectiveness of the measures and standards referred to in section 9.

    • 11 A description of the death of fish referred to in subsection 8(2) after the measures and standards referred to in paragraph 9(a) are implemented.

    • 12 A description of the harmful alteration, disruption or destruction of fish habitat referred to in subsection 8(2) after the measures and standards referred to in paragraph 9(b) are implemented.

    Engagement

    • 13 A list of the Indigenous groups that may be affected by the carrying on of the work, undertaking or activity, a summary of any engagement undertaken with the Indigenous peoples of Canada, including a summary of key issues raised and the results of the engagement, and a brief description of any plan for future engagement.

    PART 3

    Habitat Credit

    • 14 The number of habitat credits that the applicant plans to use to offset the death of fish referred to in section 11 and the harmful alteration, disruption or destruction of fish habitat referred to in section 12, as well as the number of any certificate referred to in paragraph 42.02(1)(b) of the Act.

    Offsetting Plan

    • 15 A description of a plan to offset the death of fish referred to in section 11 and the harmful alteration, disruption or destruction of fish habitat referred to in section 12 that were not offset by the habitat credits referred to in section 14, including

      • (a) the geographic coordinates of the location where offsetting measures will be implemented;

      • (b) a small-scale site plan identifying the general location and boundaries of the location where the offsetting measures will be implemented;

      • (c) a description of the offsetting measures and how those measures will meet their objectives;

      • (d) a description of the monitoring measures that will be implemented to assess the effectiveness of the measures referred to in paragraph (c);

      • (e) a description of any harmful effects on fish and fish habitat that could result from the implementation of the plan;

      • (f) a description of the measures and standards that will be implemented to avoid or mitigate the harmful effects and how those measures will meet their objectives;

      • (g) the timeline for the implementation of the plan;

      • (h) an estimate of the cost of implementing each element of the plan; and

      • (i) if the implementation of the plan requires access to lands, water sources or water bodies that are not owned by the applicant, a description of the steps that are proposed to be taken to obtain the authorization required for the applicant, the Department of Fisheries and Oceans and anyone authorized to act on that Department’s behalf to access the lands, water sources or water bodies in question. This information is not required if the applicant is His Majesty in right of Canada or of a province or the government of a territory.

    SCHEDULE 2(Section 3 and paragraph 5(c))Information to Be Provided — Emergency Situations
    

    • 1 The name, address, email address and telephone number of the applicant and, if applicable, their representative.

    • 2 A description of each proposed work, undertaking or activity, a description of the applicable situation referred to in paragraphs 3(a), (b) or (c) of these Regulations and the reasons why the work, undertaking or activity needs to be carried on without delay.

    • 3 The timeline for carrying on the proposed work, undertaking or activity.

    • 4 A description of the location of the proposed work, undertaking or activity, including its geographic coordinates and the name of any water sources and water bodies that are likely to be affected.

    • 5 A description of the death of fish and the harmful alteration, disruption or destruction of fish habitat that are likely to result from the proposed work, undertaking or activity.

    SCHEDULE 3(Paragraphs 2.1(2)(a) and (b), clauses 4(3)(c)(i)(B) and (C) and paragraph 5(c))Information and Documents To Be Provided — Existing Facilities
    

    PART 1

    Contact Information

    • 1 The name, address, email address and telephone number of the applicant and, if applicable, their representative.

    Description of Existing Facility and Works, Undertakings or Activities

    • • 2 (1) A description of the existing facility and its operations, including its

        • (a) associated infrastructure and design;

        • (b) operating conditions; and

        • (c) routine maintenance requirements and schedule.

      • (2) A description of each work, undertaking or activity in relation to the operations of the existing facility, including the purpose of the work, undertaking or activity.

    • 3 The engineering specifications, scale drawings and dimensional drawings of the existing facility and the operating plans and details of any fishways.

    Location

    • 4 A description of the location of the existing facility, including

      • (a) its geographic coordinates;

      • (b) a small-scale site plan identifying its general location and boundaries;

      • (c) a large-scale site plan indicating the size of the existing facility, infrastructure and any related components and their spatial relationship to any other structures, landmarks, water sources, water bodies or other geographic features; and

      • (d) the name of any watersheds, water sources and water bodies that are affected and the geographic coordinates of the water sources and water bodies.

    • 5 The name of the community nearest to the location and the name of the county, district or region and the province or territory in which the existing facility is located.

    Fish and Fish Habitat

    • 6 A description of the fish and fish habitat found at the location of the existing facility, including

      • (a) the type of water source or water body;

      • (b) the characteristics of the fish habitat and how those characteristics directly or indirectly support fish in carrying out their life processes;

      • (c) date-stamped photographs that clearly indicate the habitat characteristics that are affected by the operations of the existing facility;

      • (d) the fish species that are present and, if available, an estimate of the abundance of those species; and

      • (e) a description of how the information provided under paragraphs (a) to (d) was obtained, including the sources, methods and sampling techniques used.

    PART 2

    Effects on Fish and Fish Habitat

    • • 7 (1) A description of the effects of the operations of the existing facility on fish and fish habitat. The description must include

        • (a) the fish species that are affected and the life stages of the individuals of those species;

        • (b) the type and extent of fish habitat that is affected;

        • (c) the probability, severity, geographic extent and duration of the effects on fish and fish habitat; and

        • (d) a description of how the information provided under paragraphs (a) to (c) was derived, including the methodologies used.

      • (2) A description of

        • (a) how the effects referred to in subsection (1) result in the death of fish or the harmful alteration, disruption or destruction of fish habitat; and

        • (b) the extent of the death of fish or the harmful alteration, disruption or destruction of fish habitat.

    Measures and Standards

    • 8 A description of the measures and standards, including an analysis of the expected effectiveness of those measures and standards, to

      • (a) avoid the death of fish or to mitigate the extent of their death; and

      • (b) avoid or mitigate the harmful alteration, disruption or destruction of fish habitat.

    • 9 A description of the monitoring measures for assessing the effectiveness of the measures and standards referred to in section 8.

    • 10 A description of the death of fish referred to in subsection 7(2) after the measures and standards referred to in paragraph 8(a) are implemented.

    • 11 A description of the harmful alteration, disruption or destruction of fish habitat referred to in subsection 7(2) after the measures and standards referred to in paragraph 8(b) are implemented.

    Engagement

    • 12 A list of the Indigenous groups that may be affected by the carrying on of the work, undertaking or activity, a summary of any engagement undertaken with the Indigenous peoples of Canada, including a summary of key issues raised and the results of the engagement, and a brief description of any plan for future engagement.

    PART 3

    Habitat Credit

    • 13 The number of habitat credits that the applicant plans to use to offset the death of fish referred to in section 10 and the harmful alteration, disruption or destruction of fish habitat referred to in section 11, as well as the number of any certificate referred to in paragraph 42.02(1)(b) of the Act.

    Offsetting Plan

    • 14 A description of a plan to offset the death of fish referred to in section 10 and the harmful alteration, disruption or destruction of fish habitat referred to in section 11 that were not offset by the habitat credits referred to in section 13, including

      • (a) the geographic coordinates of the location where offsetting measures will be implemented;

      • (b) a small-scale site plan identifying the general location and boundaries of the location where the offsetting measures will be implemented;

      • (c) a description of the offsetting measures and how those measures will meet their objectives;

      • (d) a description of the monitoring measures that will be implemented to assess the effectiveness of the measures referred to in paragraph (c);

      • (e) a description of any harmful effects on fish and fish habitat that could result from the implementation of the plan;

      • (f) a description of the measures and standards that will be implemented to avoid or mitigate the harmful effects and how those measures will meet their objectives;

      • (g) the timeline for the implementation of the plan;

      • (h) an estimate of the cost of implementing each element of the plan; and

      • (i) if the implementation of the plan requires access to lands, water sources or water bodies that are not owned by the applicant, a description of the steps that are proposed to be taken to obtain the authorization required for the applicant, the Department of Fisheries and Oceans and anyone authorized to act on that Department’s behalf to access the lands, water sources or water bodies in question. This information is not required if the applicant is His Majesty in right of Canada or of a province or the government of a territory.

• — SOR/2026-144, s. 13

  • • 13 (1) In this section, former Regulations means the Authorizations Concerning Fish and Fish Habitat Protection Regulations, as they read immediately before the day on which these Regulations come into force.

    • (2) The former Regulations continue to apply to an application made in accordance with section 2 of those Regulations if, before the day on which these Regulations come into force, the Minister, as defined in subsection 2(1) of the Fisheries Act, has, in accordance with subsection 4(3) of the former Regulations, notified the applicant that their application is complete.

    • (3) For greater certainty, any application made in accordance with section 2 of the former Regulations must be dealt with under the Authorizations Concerning Fish and Fish Habitat Regulations, as they read on the day on which these Regulations come into force, if the Minister, as defined in subsection 2(1) of the Act, has, in accordance with subsection 4(3) of the former regulations, either notified the applicant that their application is incomplete or inadequate or has not notified the applicant.