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Planning, Regulations and Permits
Enforcing Section 35 of the
Federal Fisheries Act
 
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The RVCA has been a partner with Fisheries and Oceans Canada (DFO) in the implementation of the Fisheries Act since 1998. Under an agreement with DFO, the RVCA provides guidance locally to people working near water bodies to ensure their project respects and conforms to requirements contained in the Act. We see this as a local service intended to protect not only the resource but also to provide useful assistance to development interests. The RVCA works to protect stream corridors, rivers, lakes, creeks and wetlands and ponds within our watershed  (the waters of the Rideau Canal are under the jurisdiction of the Rideau Canal Office — Parks Canada). This is done in conjunction with other Authority programs. The Conservation Authority already reviews applications under the Ontario Conservation Authorities Act (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation), as well as the review and endorsement of plans under both the Planning Act and the Environment Assessment Act. The Fisheries Act is a “natural” blend with the RVCA’s current policies, roles, responsibilities and experience.

Section 35 of the Fisheries Act makes it an offense to harmfully alter, disrupt or destroy fish habitat (a “HADD”) without prior written authorization. The RVCA reviews proposals to determine if proposed work in or around water could harmfully alter, disrupt or destroy fish or fish habitat. If projects are designed and constructed properly, negative impacts to fish habitat are often avoided. The RVCA provides “mitigation advice” to ensure that all activities are acceptable. Projects that destroy fish habitat can be refused — the Federal policy calls for “no net loss” of habitat. If a HADD cannot be avoided, projects are referred directly to DFO for further review. No one may carry out any work that results in a HADD unless the Minister of Fisheries and Oceans Canada has authorized it. Violations to the Act can result in substantial fines, restoration orders and/or risk of imprisonment. The federal Fisheries Act is among the oldest and strongest environmental legislation in the country. It is not new nor is the processes under which a review is conducted.

The RVCA is just one of 35 Conservation Authorities throughout Ontario with this role in support of the Fisheries Act. Individual agreements between Ontario’s Conservation Authorities and DFO are aimed at making service more accessible and streamlined. One of many examples of streamlining approvals would be the Municipal Drain Classification system. RVCA has spent the past several years, with financial assistance from DFO, using an established protocol to classify the 410 Municipal Drains within the watershed. The majority of the drains have been classed as a Type F drain, which means a simple letter of advice is issued to the Drainage Superintendent for drain maintenance activities while ensuring that work timing windows are respected and standard operating procedures followed. There are six class types. Low and most drain maintenance activities are considered to be low risk projects are usually approved and approvals are obtained within 10 working days.

Proposals regularly come under review at the RVCA. Such reviews are part of a common and well-established process that provides an integrated environmental review for all development proposals. The Conservation Authority works with these proposals to ensure that the development proceeds without adverse impact to fish and fish habitat.

 
 
 
 

What is Fish Habitat?
Fish habitat is defined in the Federal Fisheries Act as the “spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes.”

The term fish includes:
“Parts of fish; shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals.”

What is Indirect Fish Habitat?
Although DFO has not provided any formal guidelines for assessing what constitutes
indirect fish habitat, in practice it is generally considered to be ecological features that do not directly support fish, but supply food, nutrients, flow, and organic material to downstream habitat
that contains fish. (Source: Headwater Drainage Features Literature Review, 2007)