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

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.