FISH HABITAT R E F E R R A L P R O T O C O L

Transcription

O N T A R I O R E F E R R A L P R O T O C O L
F I S H H A B I T A T
R E F E R R A L
P R O T O C O L
2008
The Fish Habitat Referral Protocol was produced by the multi-agency Aquatic Resources Management Advisory
Committee (ARMAC), more particularly its Regulatory Management Working Group. The Protocol is intended for use
internally by agency staff and has been approved for release by the Canada-Ontario Fisheries Advisory Board (CONFAB).
If there are any concerns, omissions, corrections or comments, these can be referred to your agency contact represented on
the ARMAC. This document has been created for general information, and may not include all regulations associated with
aquatic resources. Statute law takes precedence and should be consulted.
Cette publication est également disponible en français.
1.0 Introduction
2.0 Referrals Process Roles and Responsibilities
2.1 Fisheries and Oceans Canada
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
2.1.8
Fisheries Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Risk Management Framework . . . . . . . . . . . . . . . . . 6
Operational Statement . . . . . . . . . . . . . . . . . . . . . . . 9
Fisheries Act Review of
Agricultural Drain Projects . . . . . . . . . . . . . . . . . . . . 9
Class Authorization Process for the Maintenance
of Municipal Drains . . . . . . . . . . . . . . . . . . . . . . . . . 10
Pipeline Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Canadian Environmental Assessment Act
(CEAA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Species at Risk Act (SARA) . . . . . . . . . . . . . . . . . . . . . 13
2.2 Parks Canada Agency
2.2.1 National Canada Parks Act . . . . . . . . . . . . . . . . . . . . . 15
2.2.2 Canada National Marine Conservation Areas Act . . . 15
2.2.3 Historic Canals Regulations . . . . . . . . . . . . . . . . . . . . . 16
2.2.4 DFO/Parks Canada Fish Habitat Agreement . . . 16
2.3 Transport Canada
2.3.1 Navigable Waters Protection Act . . . . . . . . . . . . . . . . . 17
2.4 Environment Canada (EC) . . . . . . . . . . . . . . . . . . . . 18
2.5 Ministry of Natural Resources
2.5.1 In-water Timing Window Guidelines . . . . . . . . . . 19
2.5.2 Lakes and Rivers Improvement Act . . . . . . . . . . . . . . . 19
2.5.3 Public Lands Act (PLA) . . . . . . . . . . . . . . . . . . . . . . . . 20
2.5.4 Aggregate Resources Act . . . . . . . . . . . . . . . . . . . . . . . . 21
2.5.5 Crown Forest Sustainability Act . . . . . . . . . . . . . . . . . 21
2.5.6 Community Fisheries and
Wildlife Involvement Projects (CFWIP) . . . . . . . . 23
2.5.7 Water Management Planning
Guidelines for Waterpower . . . . . . . . . . . . . . . . . . . 23
2.5.8 Aquaculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
2.5.9 Wind Power Projects . . . . . . . . . . . . . . . . . . . . . . . . 25
2.5.10 Ontario Environmental Assessment Act (OEAA) . . 25
2.5.11 Provincial Policy Statement
(Fish Habitat Section) . . . . . . . . . . . . . . . . . . . . . . 27
2.6 Ministry of Transportation
2.6.1 MTO Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
2.7 Ministry of the Environment
2.7.1 Permit to take water . . . . . . . . . . . . . . . . . . . . . . . . . 30
2.7.2 How does MOE Evaluate
Impacts on Habitat? . . . . . . . . . . . . . . . . . . . . . . . . 31
2.7.3 What Other Information
does MOE Consider? . . . . . . . . . . . . . . . . . . . . . . . . 31
2.7.4 Aquatic Pesticide (Extermination)
Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2.7.5 Aquatic Herbicides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2.7.6 Larvicides for Mosquito Control for
West Nile Virus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
2.8 Ontario Ministry of Agriculture, Food
and Rural Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
2.9 Conservation Authorities
2.9.1 DFO - CA Fish Habitat Agreements . . . . . . . . . . . 36
3.0 Fish Habitat Referral Review Process
Flowcharts
3.1 Risk Management Framework . . . . . . . . . . . . . . . . . . . . 39
3.2Agricultural Drain Classification Process . . . . . . . . . 40
3.3 Generalized Process for CEAA Screenings . . . . . . . . . 41
3.4SARA Referral Review Process . . . . . . . . . . . . . . . . . . . 42
3.5 Parks Canada Agency Referral Process . . . . . . . . . . . . 43
3.6 Ministry of Natural Resources Referral Process . . . 44
3.7 Crown Forest Sustainability Act Referral Process . . . . . 45
3.8 MTO Referral Process . . . . . . . . . . . . . . . . . . . . . . . . . . 46
3.9CA / DFO Referral Process . . . . . . . . . . . . . . . . . . . . . . . 47
4.0 Appendix
Appendix A
Glossary of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Appendix B
List of Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Appendix C
Reference Guidelines, Best Management Practices
and Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Appendix D
MNR Process for Providing Input to MOE
Concerning West Nile Virus Larvicide Treatments
in Sensitive Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Appendix E
Contact List (All Agencies) . . . . . . . . . . . . . . . . . . . . . . . . 55
Table of contents
introduction
Fish need healthy places to live, feed and
reproduce. The places that supply fish with
their requirements for food, shelter, water,
reproduction, growth and migration throughout
their life cycle are called fish habitat (see
Appendix A, Glossary of Terms). For most fish
species, these activities usually occur in near shore
areas of lakes, reservoirs, rivers, streams, marshes,
wetlands, canals and drains.
In Ontario, many federal, provincial and
municipal agencies collaborate in the review of
projects in and around water, where fish habitat
may be affected. These agencies include:
nn Fisheries and Oceans Canada (DFO);
nn Parks Canada Agency (PCA);
nn Transport Canada (TC);
nn Environment Canada (EC);
nn Ontario Ministry of Natural Resources
(MNR);
nn Ontario Ministry of Transportation
(MTO);
nn Ontario Ministry of the Environment
(MOE);
nn Ontario Ministry of Agriculture, Food
and Rural Affairs (OMAFRA); and
nn Conservation Authorities (CA’s).
The purpose of this protocol is to outline
permitting and approval roles of agencies that
have a regulatory responsibility for the review of
proposed development projects in and around
water where there may be impacts to fish or fish
habitat. The protocol summarizes the various
roles and responsibilities of these agencies but
is not intended to address details of permitting
processes outside fish and fish habitat reviews.
The intent of this protocol is three-fold:
1. to outline roles and responsibilities of
review agencies with a regulatory interest in
projects in or near water;
2. to summarize the related pieces of federal
and provincial legislation and associated
permits and approvals relating to fish and
fish habitat; and
3. to provide referral process decision matrices
that guide staff through the fish habitat
referral review process in Ontario.
F I S H
H A B I T A T
R E F E R R A L
P R O tocol
1.0
1
introduction
The protection of fish and fish habitat is
a federal responsibility and is administered by
DFO. There are many other agencies in Ontario
that also have permitting responsibilities that
provide protection for the aquatic environment.
It is important that all agencies are aware of each
others responsibilities so that they are working
together to streamline the approvals process
and avoid duplication. This protocol outlines
how the fish habitat referral process works in
Ontario, with reference to the following pieces of
legislation:
Associated with each of the partner agency’s
review, permitting and approval roles are various
compliance and enforcement roles to ensure
protection of fish, fish habitat and associated
water quality. Compliance plays a key role in the
protection of fish habitat and associated water
quality environments.
A comprehensive description of the legislative
roles and responsibilities of the various agencies
having enforcement and compliance interests
in the protection of fish habitat and associated
water quality, is available in the multi-agency Fish
Habitat Compliance Protocol. This document
also includes a First-on-the-Scene brochure for
non-compliance staff (i.e., not enforcement
personnel). This brochure provides guidance
on the collection of factual or time sensitive
information at sites of potential occurrences.
Federal:
nn
nn
nn
nn
nn
nn
nn
nn
Fisheries Act;
Navigable Waters Protection Act (NWPA);
Species at Risk Act (SARA);
Canadian Environmental Assessment Act
(CEAA);
National Energy Board Act (NEBA);
Canada National Parks Act;
Canada National Marine Conservation Areas
Act; and
Historic Canals Regulations.
Provincial:
nn
nn
nn
nn
nn
nn
nn
nn
nn
nn
nn
nn
Lakes and Rivers Improvement Act (LRIA);
Public Lands Act (PLA);
Crown Forest Sustainability Act (CFSA);
Conservation Authorities Act;
Ontario Water Resources Act (OWRA);
Ontario Environmental Assessment Act;
Pesticides Act;
Aggregate Resources Act;
Environmental Protection Act (EPA);
Drainage Act;
Safe Drinking Water Act; and
Nutrient Management Act.
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1.0
2.0
REFERRAL PROCESS ROLES AND RESPONSIBILITIES
2.1.1 Fisheries Act
With particular attention to fish and fish
habitat, the following sections outline the
permitting and approval roles of agencies that
have a regulatory responsibility for reviewing
projects proposed in or near water.
Fisheries and Oceans Canada
The federal government, through DFO, has
constitutional responsibility for seacoast and
inland fisheries. Specific responsibilities for
the management and protection of fish, fish
habitat and promotion of fish passage appear in
Sections 20 to 22, 30, 32, 35, and 37 of the Fisheries
Act. These sections, as well as the “Policy for
the Management of Fish Habitat” (DFO, 1986)
(the Policy), provide the legislative and policy
guidance for fish habitat management. (Note:
The Ministry of Natural Resources manages the
fisheries in Ontario - See Section 2.5))
Achievement of the "no net loss" principle
of the Policy and enforcement of the Fisheries Act
provisions are often undertaken in conjunction
with other responsible resource management
agencies. Most referral reviews focus on Section
35 of the Fisheries Act which states that only the
DFO Minister or a delegated authority within the
department may authorize the harmful alteration,
disruption or destruction (HADD) of fish habitat
as per subsection 35(2).
Furthermore, DFO has the legislative
responsibility for the protection and recovery
of aquatic species at risk (SAR) under SARA as
well as responsibility to conduct environmental
assessments (EA’s) under CEAA, when required.
An authorization under subsection 35(2)
of the Fisheries Act protects an individual from
prosecution under the Fisheries Act, provided
the conditions of the authorization are met.
Violations of subsection 35(2) can result in
substantial fines, the risk of imprisonment and
a requirement to cover the costs of returning the
project site to its original state or other court
ordered remedies.
A subsection 35(2) Fisheries Act authorization
is usually a regulatory trigger for an
environmental assessment (EA) under CEAA.
CEAA requirements must be completed prior
to making a decision on whether to issue a
subsection 35(2) Fisheries Act authorization.
DFO and / or its partners review projects to
evaluate the impact on fish and fish habitat. A
proponent is not obligated to submit a project
for review, however, should the project result in a
HADD, the proponent would be liable under the
Fisheries Act.
Further information can be found on DFO’s
web site at: www.dfo-mpo.gc.ca .
When a project is referred to DFO and / or
its partners, they review project information to
determine if there is fish habitat affected by the
project (Table 2.1).
In all cases, permits or approvals may also be
required by other regulatory agencies.
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.1
The federal Fisheries Act provides for the
protection of fish habitat, which is defined as:
"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". Under the Fisheries Act, no one may
carry out any work or undertaking that results in
a HADD, unless this HADD has been authorized
by the Minister of Fisheries and Oceans Canada.
Where adverse effects to fish habitat cannot be
avoided through project relocation, redesign
or mitigation, habitat compensation may be
required, and a subsection 35(2) Fisheries Act
authorization issued. Where the HADD is not
acceptable, the authorization may be refused.
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DRAFT
DFO, Ontario - Great Lakes Area, Fish
Habitat Management Program has the mandate
for administering the habitat provisions of the
Fisheries Act in Ontario. The Fisheries Act sets out
some general habitat protection and pollution
prevention provisions that are binding on all
levels of government and the public (Table 2.2).
Additional information on the Fisheries Act
and DFO's “Policy for the Management of Fish
Habitat” is available on DFO’s web site at: www.
dfo-mpo.gc.ca/oceans-habitat/
DFO’s “Policy for the Management of
Fish Habitat” (DFO, 1986) guides DFO in the
day-to-day implementation of the Fisheries Act
throughout Canada. The objective of the Policy
is a net gain of productive capacity (i.e., the
ability of habitat to produce fish) of fisheries
resources which is achieved through the goals
of fish habitat conservation, restoration and
development (enhancement).
Table 2.1 : Determination of Fish Habitat and/or HADD and Action Taken by DFO or Partner
Determination of Action by DFO / Partner
Fish Habitat and
/ or HADD
No fish habitat
nn DFO / partner will advise that there are no habitat concerns with respect
to the Fisheries Act
Fish habitat
but HADD can
be avoided:
Operational
Statement applies
nn DFO has issued Operational Statements for low risk fish habitat projects
that provide guidance on how to carry out a work or undertaking in
order to avoid negative effects to fish habitat and, therefore, meet the
requirements of the Fisheries Act.
nn by following the conditions and measures in an Operational Statement,
the proponent will be in compliance with subsection 35(1) of the Fisheries
Act and may proceed with your project without DFO review
Fish habitat but
HADD unlikely:
Operational
Statement does not
apply
nn DFO / partner issue letter of advice (a letter, that is sent to the
proponent, states that the project is unlikely to cause a HADD;
recommended mitigation measures are listed in the letter)
nn DFO / partner may be able to advise of ways to avoid the HADD by
either changing location or design or other mitigation measures
Fish habitat with a
HADD that is likely
nn DFO / partner may determine that there is likely a HADD and that it is
impractical to change the design or location or take other measures to
avoid it
nn DFO may determine that the likely HADD is unacceptable and no
authorization will be granted
nn in other cases, DFO / partner will consider the likely HADD acceptable;
DFO will issue an authorization which will include a requirement for a
plan to compensate for the loss of fish habitat
nn before DFO makes a decision to issue an authorization, an EA is usually
required in accordance with CEAA.
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DRAFT
2.0
2.0
Table 2.2 : Habitat Protection and Pollution Prevention Provisions of the Fisheries Act
Fisheries Act Intent
Section
22
30
32
35
36
The Minister may require fish-ways to be constructed.
The Minister may require sufficient flow of water for the safety of fish and flooding of
spawning grounds as well as free passage of fish during construction.
The Minister may require fish guards or screens to prevent the entrainment of fish at
any water diversion or intake.
Prohibits the destruction of fish by any means other than fishing.
Prohibits works or undertakings that may result in harmful alteration, disruption or
destruction of fish habitat, unless authorized by the Minister or under regulations.
Prohibits the deposit of deleterious substances into waters frequented by fish, unless
authorized under regulations.
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
20
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DRAFT
2.1.2 Risk Management Framework
reduce risks. The RMF further allows resources
and efforts to be re-allocated from the review of
routine, low risk, predictable projects towards the
review of those projects that pose the highest risk
to fish habitat.
The federal government has made a
commitment to "Smart Regulation" by
modernizing and streamlining regulatory
approvals processes. To meet this objective, DFO
has implemented the Environmental Process
Modernization Plan (EPMP). A key aspect of the
EPMP is the development and implementation of
a national Risk Management Framework (RMF).
The RMF approach (see Figure 3.1 in Chapter 3)
allows DFO to strategically shift its focus towards
projects that have a higher risk to fish and fish
habitat and to streamline the review of routine,
low risk projects.
The RMF consists of three components
- Aquatic Effects Assessment (the Pathways
of Effects), Risk Assessment (the Risk Matrix)
and Risk Management (making the decision).
An overarching principle which applies to all
components of the RFM is risk communication.
Effective communication enables proponents and
other stakeholders to understand the potential
risks that development activities pose to fish
and fish habitat, and the methods to avoid or
minimize the risk to acceptable levels. Further
details are available at: www.dfo-mpo.gc.ca/
oceans-habitat/habitat/index_e.asp
The nationally implemented program
wide RMF is a science-based decision making
framework that categorizes risks to fish and fish
habitat associated with development proposals,
communicates these risks to proponents and
identifies appropriate management options to
6
DRAFT
2.0
Aquatic Effects Assessment
Risk Assessment
This is a process for project review
practitioners and proponents to identify and
assess the potential effects of development
proposals on fish and fish habitat. It uses a series
of diagrams or Pathways of Effects to show how
land based and in-water based activities result in
effects to fish and fish habitat.
This is a process for project review
practitioners to determine the level of
risk associated with the residual negative
environmental effects as identified in the aquatic
effects assessment. These are referred to as
residual effects. Risk is categorized according to
the scale of the negative effect and the sensitivity
of fish and fish habitat in the location or area of
impact of the proposed activity.
The diagrams identify where mitigation
measures should be applied to eliminate or
reduce these effects. When mitigation measures
cannot be applied, or only partially reduce the
final effect, then this process identifies the
residual negative environmental effects.
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.0
7
DRAFT
Risk Management
To manage residual negative effects to fish
and fish habitat, the practitioner establishes
habitat protection requirements with the
proponent to reduce risk to the lowest practical
and acceptable levels. These requirements may
be contained in guidelines for the proponent to
incorporate into their plans or may be specific
measures contained in the conditions of a Fisheries
Act authorization.
Once the risk to fish and fish habitat has
been categorized, project review practitioners
can use the results to support and guide their
decision on how to best manage the risk. The
Risk Assessment Matrix provides an effective
means through which to communicate those
decisions to proponents and other stakeholders.
The proponent always retains the option of
considering additional mitigation measures
including relocation and redesign as means of
lowering the risk ranking.
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DRAFT
2.0
2.0
2.1.3 Operational Statements
Operational Statements describe
the conditions and the measures to be
incorporated into a project in order to avoid
negative impacts to fish and fish habitat.
When a project meets the requirements
outlined in an Operational Statement,
proponents are asked to notify DFO before
starting work by submitting a completed
Notification Form to the local DFO District
Office ten (10) days prior to starting work.
This information is requested to help
evaluate the effectiveness of the Operational
Statements and allows DFO to make
improvements or adjustments as necessary.
DFO has released Operational Statements
for a number of common development
activities that occur within or adjacent to
areas of fish habitat. Each Operational
Statement provides the public and industry
with guidance on how to carry out a work
or undertaking in order to avoid negative
effects to fish habitat and, therefore, meet the
requirements of the Fisheries Act. Operational
Statements provide proponents with 'bottom
line' advice such that, when followed, a DFO
review is not required.
For the most current Operational
Statements and Notification Form, refer to the
DFO web site at: www.dfo-mpo.gc.ca/oceanshabitat
The Operational Statements released in
Ontario as of the summer of 2007 relate to the
following areas (note: additional Operational
Statements may be developed):
nn Beach Creation;
nn Beach Maintenance;
nn Beaver Dam Removal;
nn Bridge Maintenance;
nn Clear Span Bridges;
nn Culvert Maintenance;
nn Dock and Boathouse Construction;
nn High-Pressure Directional Drilling;
nn Ice Bridges;
nn Isolated Ponds;
nn Log Salvage;
nn Maintenance of Riparian Vegetation
in Existing Rights-of-Ways;
nn Moorings;
nn Overhead Line Construction;
nn Punch and Bore Crossings; and
nn Underwater Cables.
2.1.4 Fisheries Act Review of
Agricultural Drain Projects
The construction and maintenance
of most agricultural drains are subject to
the Fisheries Act and Drainage Act, which
are administered by DFO and OMAFRA,
respectively. The Drainage Act delegates
responsibility for drainage to municipalities.
Although private drains constructed on
agricultural land have no legal status under
the Drainage Act, they are subject to review
under the Fisheries Act and may indeed be fish
habitat.
Municipal drains are constructed
under the "petition drain" procedures of
the Drainage Act. The municipality passes
a by-law that adopts a drainage engineer's
report containing plans, profiles and
specifications. This report forms the basis for
municipal drain approvals, construction and
maintenance works. Sections 4 and 78 are key
sections of the Drainage Act. Section 4 deals
with the construction of a new municipal
drain where no municipal drain existed. This
could include the excavation of a new drain
out of dry land or modifying an existing
watercourse to meet the drain requirements.
Section 78 deals with the modification or
improvement to an existing municipal drain.
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
One of the means by which DFO is
streamlining regulatory approval processes is
accomplished through the use of Operational
Statements for low risk activities.
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DRAFT
2.1.5 Class Authorization Process
for the Maintenance of Municipal
Drains
The Conservation Authorities assess
potential fish habitat impacts under the Fisheries
Act for newly constructed and/or modified
drains (Sections 4 and / or 78 of the Drainage
Act). Initial notification will include a New
Drain Petition Supplement Form which will alert
the Conservation Authority (CA) staff to any
red flag issues with the drain proposal such as
realigning a drain or closing in an open drain.
This notification alerts the CA to determine if
there is a need to attend the first on-site meeting
to discuss potential fish and fish habitat impacts,
amongst other considerations. Following the
initial on-site meeting when the proposal is
accepted as viable, the CA receives the Project
Evaluation Form completed and submitted by
the drainage engineer. This form contains more
specific information on the watercourse such as
channel dimensions and habitat features. The
CA can then proceed with the review under the
Fisheries Act, as per the DFO / CA agreement (see
section 2.9).
The Conservation Authorities, DFO and
others have developed the “Class Authorization
Process for the Maintenance of Municipal Drains”
(Class Authorization Process) to streamline
approvals under the Fisheries Act for maintaining
municipal drains by matching appropriate
maintenance or repair activities to the sensitivity
of the fish habitat found within the drain. The
Fisheries Act provides for the protection of fish
and fish habitat. Under the Act, no one may carry
out any work or undertaking that results in the
harmful alteration, disruption or destruction of
fish habitat (HADD) unless authorized by the
Minister of Fisheries and Oceans Canada. In
most instances where a work or undertaking
will result in a HADD, DFO must also conduct
an assessment under the Canadian Environmental
Assessment Act (CEAA) prior to issuing an
authorization under the Fisheries Act. However, the
maintenance of existing physical works (such as
drains) can be excluded from the requirements
of CEAA in accordance with the Exclusion List
Regulations. Therefore, while drain maintenance
works that have the likelihood of impacting
fish habitat do not require an environmental
assessment under CEAA, they may require a
review under the Fisheries Act.
In addition, the CA will likely have a database
of fish and fish habitat information as a result of
drain classification or through the availability of
a fisheries management plan for the watershed.
Where the CA lacks fisheries or fish habitat data,
MNR provides available fisheries and fish habitat
information to municipalities to assist with
determining the risk of negatively impacting fish
habitat.
It should be noted that a work permit may
be required for private drains but is not required
by MNR under the LRIA (see section 2.5.1) for
the installation or maintenance of a municipal
drain, subject to the provincial Drainage Act.
Work permits under the PLA (see section 2.5.2)
administered by MNR are required for drainage
works involving dredging and filling of shore
lands. For additional information on this process
refer to the poster entitled “Construction or
Improvement of Municipal Drains”.
As a result, the Class Authorization System
was developed to streamline the Fisheries
Act review and approval process for drain
maintenance activities. This streamlined
approach allows for drain maintenance in
accordance with the Drainage Act while protecting
fish and fish habitat. The process identifies
which drains will require individual review and
which will receive a Class Authorization. The
Class Authorization Process allows the drainage
superintendent to have approvals well in advance
for the maintenance of municipal drains planned
throughout the year.
10
DRAFT
2.0
2.0
Maintenance on drain types A, B or C
can proceed under a type A, B or C Class
Authorization for routine maintenance. Work
proposed on drain types D or E will require an
individual Fisheries Act review and, if required,
a project specific Fisheries Act authorization.
Type F drains, the works can proceed without
notification when the drain has no flowing water.
Class Authorizations are reviewed
and issued annually by DFO for upcoming
drain maintenance projects. Through their
partnerships with DFO, CAs often distribute
Class Authorizations to their member
municipalities on behalf of DFO, following
the receipt of the Notification Form from the
Drainage Superintendent and confirmation of
drain type with DFO.
For information on OMAFRA’s role on
agricultural drains, see section 2.8. For additional
information on this process refer to the fact
sheet entitled “What You Should Know About
Fish Habitat and the Class Authorization System
for the Maintenance of Agricultural Municipal
Drains in Ontario” and the poster entitled
“Maintenance of Municipal Drains”.
H A B I T A T
R E F E R R A L
P R O T O C O L
A Drain Classification Process is used to
evaluate municipal drains according to flow
characteristics, water temperature, sensitivity of
the fish species and time since last full clean-out.
Drains are then classified as Type A through F
based on characteristics identified in Figure 3.2 in
Chapter 3.
2.1.6 Pipeline Projects
Based on existing arrangements with
TransCanada Pipelines Limited and Enbridge
Consumers Gas Ltd., pipeline crossings that are
"dry" or trenchless (including small directional
drills, and dam and pump or dam and flume
crossings) may be undertaken without submitting
formal plans to DFO for review. DFO is satisfied
that, in most cases, if appropriate techniques and
mitigation measures are applied, "dry"/ trenchless
watercourse crossings are not likely to result in
a HADD. As such, an Operational Statement has
been developed for these crossings which outlines
the measures that, if followed, allow a project of
this nature to proceed without DFO review. It
should be noted, however, that permits may be
required from other regulatory agencies.
All pipeline companies without a DFO
arrangement and when an Operational Statement
does not apply, should submit their water
crossing proposals to the local CA (if applicable)
or to DFO for a Fisheries Act review. The CA will
review the proposal and, based on their level of
agreement with DFO, will determine whether
it should be referred to DFO. All pipeline
companies are required to submit their proposals
to MNR for a work permit, where required.
DFO will continue to review all pipeline
proposals where a HADD is likely to occur,
including, but not necessarily limited to:
nn areas where critical life stages of resident
fish species are affected;
nn "wet" open trench methods are employed;
nn channel realignments are involved;
nn ground water upwelling is present; or
nn impacts to wetlands or other sensitive
fish habitat features are expected.
F I S H
DFO will also continue to review proposals
where the use of explosives is proposed in or
around waters frequented by fish. DFO will share
all pertinent information with MNR and the local
CA.
11
DRAFT
2.1.7 Canadian Environmental
Assessment Act (CEAA)
Agency staff may be reached at:
Canadian Environmental
Assessment Agency
Ontario Region
55 St. Clair Avenue East, Room 907
Toronto, ON M4T 1M2
For procedures in this protocol which
occur once DFO staff determines that they are
considering authorization of a HADD under the
Fisheries Act, DFO has concurrent responsibilities
under the Canadian Environmental Assessment Act
(CEAA) and pursuant to the Canada-Ontario
Agreement on Environmental Assessment
Coordination.
416-952-1576
More information on CEAA, its requirements,
and the Canada-Ontario Agreement on
Environmental Assessment Coordination
can be found at: www.ceaa.gc.ca/index_e.htm
These responsibilities include:
nn Coordination with other federal
authorities per the Federal Coordination
Regulations, as well as with the
provincial Ministry of the Environment
(for an individual environmental
assessment); and
nn Consideration of issues related to or
outside the domain of fish habitat.
In addition, DFO may not require the same
level of detail to reach a conclusion under CEAA
as it may require for an authorization. Therefore,
DFO is positioned to make its EA decision within
roughly the same time frame as the provincial
Environment Minister’s decision on an individual
environmental assessment or the clearance of a
class EA project.
The responsibilities noted above imply
environmental assessment activity commencing
and being carried out well ahead of the
conclusion of a compensation agreement related
to fish habitat.
For this reason, DFO staff are advised to
contact the CEA Agency, Ontario Region as
soon as staff become aware of the need for an
environmental assessment. This will enable a
determination of roles and responsibilities of
other federal and provincial agencies specific
to CEAA requirements. A flowchart on the
generalized process for CEAA Screenings can be
found in Chapter 3 (Figure 3.3).
Timelines necessary to undertake and
complete CEAA requirements will be respected.
12
DRAFT
2.0
2.0
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.1.8 Species at Risk Act (SARA)
The review of any proposed projects will
take into consideration the protection of SAR,
ensuring compliance of the prohibitions of
SARA, as described in Sections 32, 33 and 58
(see table below). These prohibitions only apply
to endangered or threatened species listed on
Schedule 1 of SARA, and to extirpated species
only if a SARA-compliant Recovery Strategy
recommends its reintroduction to Ontario.
The Species At Risk Act (SARA) was created to
prevent wildlife species from becoming extinct.
It requires Canada to provide for the recovery
of species at risk due to human activity, and to
manage species of Special Concern, to prevent
them from becoming Endangered or Threatened.
The Act covers all wildlife species at risk
nationally, their residences and critical habitats,
and applies to all lands in Canada. SARA not
only prohibits the killing, harming, harassing,
capturing or taking of species at risk, but also
makes it illegal to destroy their residences and
critical habitats.
The provisions of SARA:
nn set out prohibitions against the killing
or harming of a listed species and the
destruction of their residences and
critical habitats as defined in a SARA
compliant Recovery Strategy or Action
Plan;
nn require other federal departments to
consider the impact on a listed species,
their residences and critical habitats
before issuing authorizations for certain
activities; and
nn provide for effective enforcement
measures and significant penalties where
needed to serve as a deterrent.
In addition, provisions for “Recovery
Strategies” and “Action Plans” for listed
extirpated, endangered, and threatened species
and “Management Plans” for listed special
concern species are addressed in SARA and are to
be produced by federal departments.
Two federal Ministers are responsible for
the administration of SARA. The Minister of
Fisheries and Oceans is responsible for aquatic
SAR, except for those located in national parks,
national historic sites or other protected heritage
areas. The Minister of the Environment (through
the PCA) is responsible for individuals of SAR
found in national parks, national historic sites or
other protected heritage areas. The Minister of
the Environment is also responsible for all other
SAR and for the overall administration of SARA.
13
When SARA came into force, the definition
of “environmental effect” under CEAA changed
to include all wildlife species listed on Schedule
1 of SARA (extirpated, endangered, threatened
and special concern species). Projects requiring
a CEAA assessment must identify the adverse
effects of the project on these Schedule 1
species and must work within SARA compliant
Recovery Strategies and Action Plans, if available.
Mitigation is required to ensure compliance with
SARA for the protection of individual species,
their residences and critical habitats. Agreements
or permits must be obtained for project activities
that may otherwise constitute an offence under
SARA.
Species at Risk Act – Prohibitions
32. (1) No person shall kill, harm, harass,
capture or take an individual of a wildlife
species that is listed as an extirpated species, an
endangered species or a threatened species….
33. No person shall damage or destroy the
residence of one or more individuals of a
wildlife species that is listed as an endangered
species or a threatened species or that is listed
as an extirpated species if a recovery strategy
has recommended the reintroduction of the
species into the wild in Canada….
58. (1) Subject to this section, no person shall
destroy any part of the critical habitat of any
listed endangered species or of any listed
threatened species or of any listed extirpated
species if a Recovery Strategy has recommended
the reintroduction of the species into the wild
in Canada….
DRAFT
will be protected through the implementation of
mitigation measures, or the partner agency can
refer the project to DFO to complete the review.
The list of species subject to SARA is revised
periodically by the Minister of the Environment
in response to annual assessments conducted
by the Committee on the Status of Endangered
Wildlife in Canada (COSEWIC). For an up-todate list of wildlife species on each schedule, refer
to the SARA Public Registry at: www.sararegistry.
gc.ca/
For projects that are referred to DFO by
a partner agency, DFO will review works or
undertakings, prepare authorizations and issue
letters of advice in accordance with the provisions
in SARA, the Fisheries Act and CEAA.
Review Process for Aquatic SAR
Since many measures in SARA are already
within the authority of the Minister of Fisheries
and Oceans under the Fisheries Act (e.g., preventing
destruction of fish habitat), SARA will not
replace, but complement, current responsibilities
under the Fisheries Act.
To aid partner agencies in the review of
project proposals that may impact federally
listed aquatic SAR and their habitats, a series
of distribution maps has been developed.
These distribution maps were designed to help
streamline the integration of SARA into the
current referral process and to ensure that DFO
meets its responsibilities to protect aquatic SAR.
SARA Permits
SARA permits are necessary when extirpated,
endangered or threatened fish or mussels
on Schedule 1 of the SARA are affected by a
proposed project activity. A SARA permit should
be obtained prior to initiation of any project
construction activities when:
nn project activities may cause incidental
harm to a SAR, in particular the
contravention of any one of the three
SARA prohibitions (Sections 32, 33 and
58);
nn •field surveys are proposed to detect fish
or mussel SAR including any monitoring
programs for SAR; and
nn mitigation strategies include either
SAR mussel relocations or fish salvage
operations.
Distribution maps for aquatic SAR are
provided by DFO to CAs, PCA, MNR and MTO
and will be routinely updated. These maps
are for use by partners as a screening tool to
determine whether aquatic SAR are present at
proposed development project sites. A “Reference
Guide for Fish and Mussel Species at Risk
Distribution Maps: A Referral Review Tool
for Projects Affecting Aquatic Species at Risk”
(DFO, 2006) provides further direction on the
process to follow for projects proposed within the
distribution range of a listed aquatic SAR.
Projects that have the potential to contravene
SARA must be referred to DFO for review to
ensure compliance with SARA. Figure 3.4 in
Chapter 3 illustrates the SARA referral review
protocol.
Under the SARA referral review protocol,
partner agencies will refer projects to DFO for
review under SARA when it has been determined
that Schedule 1 SARA aquatic species are present
at the project site and will be potentially impacted
by proposed project activities. Projects that
require an authorization are referred to DFO
following the normal referral review process.
For projects that do not require an
authorization (i.e., letter of advice issued), the
partner agency can continue the review process,
as per the current referral process. Aquatic SAR
14
DRAFT
2.0
2.2 Parks Canada Agency (PCA)
2.2.1 Canada National Parks Act
The PCA manages National Parks, National
Marine Conservation Areas, National Historic
Sites and National Historic Canals, which are
a country-wide system of representative areas
of Canadian natural and cultural significance.
The PCA has a legislated mandate to protect
these representative areas for all time. This
protection mandate is further strengthened
through the Historic Canals Regulations and, in
particular, the Canada National Parks Act which
states that protecting ecological integrity will
take precedence in acquiring, managing and
administering heritage places and programs.
The National Parks of Canada are dedicated
to the people of Canada for their benefit,
education and enjoyment, subject to the Canada
National Parks Act and its regulations. National
parks shall be maintained and made use of so as
to leave them unimpaired for the enjoyment of
future generations. Maintenance or restoration
of ecological integrity, through the protection
of natural resources and natural processes,
shall be the first priority of the Minister of the
Environment (and Minister Responsible for
the PCA) when considering all aspects of the
management of parks.
Further information can be found on PCA’s
web site at: www.pc.gc.ca
National Park Regulations have been
established respecting: the preservation, control
and management of parks; the protection of flora,
soil, waters, fossils, natural features, air quality,
and cultural, historical and archaeological
resources; the management and regulation of
fishing; and the prevention and remedying of any
obstruction or pollution of waterways.
R E F E R R A L
P R O T O C O L
2.0
National Park Wardens are designated as
federal Fishery Officers pursuant to Canada's
Fisheries Act.
2.2.2 Canada National Marine
Conservation Areas Act
F I S H
H A B I T A T
Marine Conservation Areas are established
in accordance with the Canada National Marine
Conservation Areas Act for the purpose of
protecting and conserving representative marine
areas for the benefit, education and enjoyment
of the people of Canada and the world. Marine
Conservation Areas shall be managed and used
in a sustainable manner that meets the needs
of present and future generations without
compromising the structure and function of the
ecosystems, including the submerged lands and
water column with which they are associated.
The Governor in Council may make regulations,
consistent with international law, for the
control and management of any or all Marine
Conservation Areas, including regulations for
the protection of ecosystems and elements of
ecosystems, and for the management and control
of renewable resource harvesting activities.
15
DRAFT
2.2.3 Historic Canals Regulations
2.2.4 DFO / Parks Canada Agency
Fish Habitat Agreement
Historic Canals Regulations are associated
with the Trent-Severn Waterway and Rideau
Canal. Under these regulations, the bed of
most of the lakes and rivers that make up these
waterways is under federal jurisdiction. Any
in-water and shoreline works within these historic
canals require a permit from PCA under the
Historic Canal Regulations.
DFO has agreements in place with the PCA,
through which PCA is responsible for conducting
the initial review, mitigation requirements and
some compensation planning of fish habitat
for projects in National Parks, National Marine
Conservation Areas, National Historic Canals
and National Historic Sites. Projects requiring a
Fisheries Act authorization are referred to DFO for
review and approval.
Applications are sent to the PCA for approval.
If a HADD can be mitigated, appropriate
conditions are included in the approval letter sent
to the proponent by the PCA. If the work cannot
be mitigated, the application is referred to DFO
for further Fisheries Act review.
Figure 3.5 in Chapter 3 illustrates the PCA
referral process.
16
DRAFT
2.0
2.0
The NWPP, administered by TC, is
responsible for safeguarding the navigability of
all waters including coastal and inland waterways
throughout the province, and ensuring the safety
of marine navigation with due consideration
of the environment. This is accomplished by
administering and enforcing the provisions of
the federal NWPA and Sections 108 and 109 of
the NEBA (for international / inter-provincial
pipelines crossing navigable waterways). Under
the provisions of the NWPA, it is unlawful to
construct or place a work in a navigable waterway
without the approval of TC. A work is defined
under the NWPA as:
a. any bridge, boom, dam, wharf, dock, pier,
tunnel or pipe and the approaches or other
works necessary or appurtenant thereto,
b. any dumping of fill or excavation of
materials from the bed of a navigable water,
c. any telegraph or power cable or wire, or
d. any structure, device or thing, whether
similar in character to anything referred to
in this definition or not, that may interfere
with navigation.
Construction of projects without the required
approval may be subject to removal at the owner's
expense and other legal consequences if they pose
an interference to public navigation or navigation
safety.
2.3.1 Navigable Water
Protection Act
Before you start your project, contact the
nearest Navigable Waters Protection Program
(NWPP) office in your area to discuss in general
terms the construction of the work you are
proposing to build. To locate your nearest NWPP
office in Ontario, refer to the website www.tc.gc.
ca/marinesafety/oep/nwpp/offices.htm#ontario.
The Navigable Waters Protection Officer will
assist you in determining what information and
documentation is required for preparing and
submitting an application under the NWPA.
Once you have finalized the project design,
submit your application to the nearest NWPP
Office. Including details regarding the applicant
(either you or your agent), the nature of the work,
other approvals obtained, property ownership
and drawings and plans of the proposed work.
An "Approval" issued under the NWPA
authorizes the work only in terms of its effect
on navigation and it remains the owner's
responsibility to obtain other approvals that
may be required. Therefore, early in the planning
stage you are encouraged to contact your local
conservation authority, provincial ministries of
Natural Resources, Environment, and municipal
offices to discuss their requirements.
TC will forward projects with the potential
to impact fish and fish habitat to DFO as per
CEAA requirements.
Further information can be found on TC’s
web site at:
www.tc.gc.ca/marinesafety/oep/nwpp/faqs.htm
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.3 Transport Canada (TC)
17
DRAFT
2.4 Environment Canada (EC)
2.5 Ministry of Natural Resources
EC has been assigned responsibility
for the administration and enforcement of
the Fisheries Act provisions dealing with the
deposit of deleterious substances into water
frequented by fish (subsection 36(3)) through
a 1978 Prime Ministerial decision. The
exception is that DFO enforces the Fisheries Act
regarding sediment as a deleterious substance.
A 1985 Memorandum of Understanding
between DFO and EC reiterated the
responsibilities of both departments and set
out mechanisms for information sharing and
cooperation.
MNR is the provincial agency responsible
for the protection and management of Ontario's
natural resources, including the management
of fisheries. Specific responsibilities include
administering and enforcing the Ontario Fishery
Regulations (allocation and licensing of the
fisheries resources), fisheries management
(e.g., angling, stocking), fisheries management
planning, fish and fish habitat information
management, and fish habitat rehabilitation.
MNR has primary responsibility for several pieces
of provincial legislation, such as the PLA, the
LRIA and the CFSA, which support the protection
of fish habitat. When providing funding and / or
land for projects (i.e., Community Fisheries and
Wildlife Involvement Projects), MNR continues
to review for fish habitat impacts under the
Fisheries Act and where capacity exists, continues
to provide compliance support.
The Fisheries Act prohibits the deposit of
a deleterious substance in waters frequented
by fish unless authorized by regulation. The
Fisheries Act requires a person to report any
deposit out of the normal course of events
in the case where there is, or may be, damage
or danger to fish, fish habitat or the use of
fish by humans. A deleterious substance
is defined in part as a substance that when
added to water has an impact on fish or fish
habitat. Fisheries Act Regulations may require
the completion of an EA as part of their
activities to achieve compliance.
Further information can be found on MNR’s
web site at: www.mnr.gov.on.ca
Further information can be found on
EC’s web site at:
www.ec.gc.ca/water/en/policy/federal/e_fed.htm
18
DRAFT
2.0
2.5.1 In-water Timing Window
Guidelines
2.5.2 Lakes and Rivers
Improvement Act
MNR is the lead agency for setting timing
guidelines for work in and around water. Timing
guidelines are applied to protect fish from
impacts of works or undertakings in and around
water during spawning migrations and other
critical life history stages. The application of
in-water work timing guidelines is consistent
with MNR's responsibility as the lead provincial
fisheries management agency.
MNR is responsible for administering the
LRIA and its associated regulations. The LRIA
provides for the use of waters of the lakes and
rivers in Ontario, regulates improvements in
them, and provides for the preservation and
equitable exercise of public rights in and over
such waters. Specifically, the purposes of this Act
are to provide for:
MNR develops in-water work timing
guidelines on a District by District basis and
provides them to DFO, Conservation Authority,
and Parks Canada offices that have jurisdictional
boundaries within the MNR Districts. MNR will
apply in-water work timing guidelines where
appropriate, as conditions of work permits issued
under the Public Lands Act and the Lakes and Rivers
Improvement Act. When multiple agency approvals
are given for a single project, the in-water work
timing guidelines will be given in the MNR
permit and referenced in the other authorization
or approvals. Any request by proponents for
extensions or exceptions to the guidelines must
be directed to and approved by MNR.
Other agencies will apply in-water work
timing guidelines in their approvals for works
in and around water when a MNR work permit
is not required such as a DFO authorization or
Conservation Authority permit. In these cases,
the agency that issues the approval will work with
the proponent to ensure that timing windows are
met. Any requests by proponents for extensions
or exceptions to the in-water work timing
guidelines will be approved by the permitting
agency. Consultation with MNR staff may be
undertaken on a case by case basis if required.
Note that timing guidelines have been developed
for Operational Statements; please refer to the
Ontario In-water Construction Timing Window
Guidelines for the Protection of Fish and Fish
Habitat.
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.0
19
a. the management, protection, preservation
and use of the waters of the lakes and rivers
of Ontario and the land under them;
b. the protection and equitable exercise of
public rights in or over the waters of the
lakes and rivers of Ontario;
c. the protection of the interests of riparian
owners;
d. the management, perpetuation and use
of the fish, wildlife and other natural
resources dependent on the lakes and rivers;
e. the protection of the natural amenities of
the lakes and rivers, and their shores and
banks; and
f. the protection of persons and of property
by ensuring that dams are suitably located,
constructed, operated and maintained, and
are of an appropriate nature with regard to
the purposes of clauses (a) to (e).
Water Related Structures
In accordance with the legislative
requirements of the LRIA and Ontario Regulation
454/96, approval must be obtained for any work
affecting lakes, ponds, swamps, marshes, bogs
and intermittent or permanent rivers, creeks or
streams.
Where CAs are present and issue approvals
under the Conservation Authority Act for
construction, alteration and improvement of
water related structures, LRIA approval is only
required for works involving dams (including
maintenance or alterations). Where no CA exists,
MNR continues to issue LRIA approval for all
applicable activities as described above.
DRAFT
2.5.3 Public Lands Act (PLA)
For LRIA applications associated with dams,
MNR will review applications to provide for
ecosystem based water level and flow objectives
that will support the ecological sustainability
of aquatic systems for the perpetuation of fish,
wildlife and other natural resources dependent on
the aquatic system.
Under the PLA, MNR is responsible for the
management and disposition of public land.
Work permits are generally required to:
nn construct a building on public land;
nn construct most trails, and all water
crossings or roads on public land (except
those authorized under the CFSA);
For LRIA applications other than those
involving dams, MNR will meet its requirements
for the management, perpetuation and use of
fish, through review under the Fisheries Act by CA /
DFO staff. When the application is in or around
water where fish habitat is likely to be altered,
MNR will inform the applicant that an approval
cannot be issued until the CA / DFO has
provided advice on protecting fish habitat. MNR
will offer to make the referral to the CA / DFO on
behalf of the applicant and copy the applicant.
nn dredge shore lands (shore lands include
both public land and adjacent private
land covered or seasonally inundated by
the waters of a lake, river or stream);
nn fill shore lands;
nn remove aquatic vegetation from specified
shore lands; and
nn construct or place a structure occupying
more than 15 m2 of shore lands.
Where works permits are not required, and
the work is in water, MNR will advise proponents
of the need to have their project reviewed by CA
/ DFO staff. MNR staff will offer to refer the
project to the local CA / DFO on their behalf, and
forward all available fisheries and fish habitat
information on the proposed project.
For activities that require a work permit,
MNR will provide an application and instruct the
applicant to return the completed application to
MNR.
If required, MNR will conduct a site
inspection to deal with land stewardship
responsibilities concerning public land (e.g., the
proposed work involves a permanent occupation
of public land that requires occupational
authority under the PLA). This inspection will
not determine if the work is likely to result in
a HADD, nor is it intended to provide advice
on how to prevent a HADD. If the application
involves work in or around water where fish
habitat is likely to be altered, MNR will inform
the applicant that a work permit cannot be
issued until the CA / DFO has provided advice on
protecting fish habitat. MNR will offer to make
this referral to the CA / DFO on behalf of the
applicant and copy the applicant.
Fish Passage
Review under the Fisheries Act should be used
to provide for fish passage in new dams. MNR
staff should identify any concerns related to fish
passage and fisheries management objectives to
CA / DFO staff during the referral process.
However, under subsection 17(4) of the
LRIA, MNR may order the provisions of free and
unobstructed passage of fish up and downstream.
MNR should consult with DFO when using this
order power.
Further details on the MNR review process
of LRIA applications are contained within the
"Technical Guidelines and Requirements for
Approval under the Lakes & Rivers Improvement
Act".
Where work permits are not required, and
the work is in water, MNR will advise proponents
of the need to have their project reviewed by CA
/ DFO staff for fish habitat concerns. MNR staff
will offer to refer the project to the CA / DFO on
their behalf. When projects are referred to the CA
/ DFO, MNR will forward all available fisheries
and fish habitat information on the proposed
project.
20
DRAFT
2.0
2.0
2.5.4 Aggregate Resources Act
2.5.5 Crown Forest
Sustainability Act
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
MNR undertakes the following when an
application for a new or amended Aggregate
Resources Act (ARA) permit or licence is received:
nn provides available information on
natural resources to proponents /
interest groups;
nn reviews all new applications and requests
for amendments to existing permit/
licences to ensure consistency with the
purposes of the ARA;
nn ensures that fisheries information and
impact analysis in the application and
supporting documents or studies is
accurate and complete;
nn informs the applicant that MNR reviews
for compliance with provincial statutes
that involve fish and fish habitat, but
MNR does not determine if fish habitat
is likely to be harmfully altered as this is
the responsibility of DFO; and
nn advises the proponent to contact DFO to
obtain advice on protecting fish habitat
or authorization under subsection
35(2) of the Fisheries Act. In some cases,
the local CA may provide advice on
protecting fish habitat. MNR staff will
direct the proponent to refer the project
to the local DFO office and/or the local
CA, as appropriate. MNR will advise the
proponent that review and comment
under the federal Fisheries Act may not
conform to provincial timelines.
MNR reviews all new applications and requests
for amendments to existing permit/licences to
ensure they are consistent with the purposes of
the Aggregate Resources Act. Where fish habitat
is identified, the application or request must
be circulated to DFO for review with respect to
the protection of fish habitat under Section 35
of the federal Fisheries Act. In some cases, the
local CA will also receive applications under
the ARA where fish habitat is identified. More
information on the ARA process can be found in
the document Aggregate Resources of Ontario
Provincial Standards (www.mnr.gov.on.ca/MNR/
aggregates/standards.html).
21
The CFSA provides for the sustainability
of Crown forests and, in accordance with that
objective, Crown forests are managed to meet
the social, economic and environmental needs
of present and future generations. The CFSA is
binding on the Crown and MNR must abide by it.
The CFSA, through its regulations, requires
adherence to a set of manuals, including the
"Forest Management Planning Manual" (MNR,
1996 and 2004) and the "Forest Operations and
Silviculture Manual" (MNR, 2000) (see http://
ontariosforests.mnr.gov.on.ca) .
The "Forest Operations and Silviculture
Manual" requires forest operations to be
conducted in accordance with various listed
standards and guidelines, including the "Timber
Management Guidelines for the Protection of
Fish Habitat" (MNR, 1988), the "Environmental
Guidelines for Access Roads and Water Crossings"
(MNR, 1990) and the "Code of Practice for
Timber Management Operations in Riparian
Areas"(MNR, 1991). These guides provide
mandatory standards and / or BMPs that protect
water quality and fish habitat.
Additional guidance for the protection
of water quality and fish habitat has been
provided through conditions associated with
the “Declaration Order Regarding MNR’s Class
EA Approval for Forest Management on Crown
Lands in Ontario” (2003). Condition 25b resulted
in the development of a “Protocol for the Review
of Water Crossings Proposed through the Forest
Management Planning Process” (MNR, 2005).
DRAFT
CFSA Referral Process
Forest companies monitor their operations
for compliance through their forest compliance
plan. MNR compliance inspectors apply the
'remedies and enforcement' provisions of the
CFSA and various other statutes (in addition
to the CFSA) which relate to forest operations,
including referring possible violations of
the Fisheries Act to DFO. Activities that are
not in accordance with the approved Forest
Management Plans / Annual Work Schedules
and / or do not follow the practices set out in the
"Forest Operations and Silviculture Manual" are
infractions under the CSFA.
MNR staff and the forest industry will
continue to use and be guided by the "Forest
Operations and Silviculture Manual" (MNR,
2000) and the "Protocol for the Review of
Water Crossings Proposed through the Forest
Management Planning Process” (MNR, 2005)
when reviewing forest management activities that
may affect fish and their habitat. Adherence to
these documents will be stated in the approved
Forest Management Plan and Annual Work
Schedule to ensure no HADD will occur. If, in
the opinion of the MNR biologist, a certain forest
activity may cause a HADD, the company will be
asked to mitigate those aspects of the activity.
If the HADD can be mitigated, then the forest
management activity will be carried out under
the conditions agreed to by MNR and the forest
company. If the HADD cannot be mitigated by
the company, then MNR will refer the proposed
work to DFO for their review.
Stop Work Orders are used to prevent, stop
or reduce damage to the Crown forest where
operations are causing or are likely to cause loss
or damage that impairs or is likely to impair
the sustainability of the Crown forest or that
is contrary to the Forest Management Plan or
Annual Work Schedules.
Repair Orders may be issued in the event that
a person causes or permits damage to soil, plant
life or habitat for animals in a Crown forest.
If DFO concludes that fish and fish habitat
impacts can be mitigated, then DFO will contact
MNR and the forest company, agree on mitigation
measures and issue a letter of advice.
Compliance Orders may be issued if a person
has failed to comply with a forest resource license.
If DFO concludes that the potential HADD
cannot be mitigated, then DFO will contact MNR
and the forest company to discuss compensation
options. DFO will then begin the CEAA review.
MNR will work with the forest company to design
the required compensation and discuss whether
the compensation is adequate with DFO. MNR
and the forest company will be signatories to the
agreed upon compensation agreement.
Figure 3.6 in Chapter 3 provides the MNR
referral process, while Figure 3.7 provides the
CFSA referral process.
22
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2.0
2.0
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.5.6 Community Fisheries and
Wildlife Involvement Projects
(CFWIP) 2.5.7 Water Management
Planning Guidelines for Waterpower
Since MNR approves and funds CFWIP
projects, MNR is considered the proponent
for these projects. The approval procedure is
therefore essentially the same as for activities
under the OEAA. MNR will continue to review
all CFWIP projects for fish habitat impacts and
will only refer those projects to DFO which are
considered potential HADDs. The intent is to
ensure that MNR staff and volunteers are not in
violation of the Fisheries Act. Since MNR District
staff will continue to design mitigation for most
potential HADDs that may result from CFWIP
projects, only occasional projects will need to be
authorized under the Fisheries Act. Where CFWIP
projects may impair or obstruct navigation, an
NWPA review by TC may be required. Any project
that has the potential to obstruct navigation or
involves a named work under the NWPA should
be reviewed by TC. When screening projects,
MNR District CFWIP representatives use a
number of “flags” as a guide to help identify
projects that have the potential to result in
a HADD. If the MNR District feels that the
potential HADD cannot be mitigated for any
particular project, they will discuss the project
design with their local DFO District Office.
Together, they can determine whether the project
requires a Fisheries Act authorization or whether
it can be addressed by a letter of advice. If an
authorization is required, MNR will develop the
compensation plan with input from DFO staff.
The following are "flags" to help identify CFWIP
projects that could result in a HADD (note: this
list is not meant to be exhaustive):
In December 2000, the LRIA was amended to
allow the Minister of Natural Resources to order
the owner of a dam to prepare a management
plan in accordance with guidelines approved by
the Minister. The LRIA was further amended
in June 2002 to, among other things, give the
Minister explicit approval powers and require
dam owners to comply with approved plans.
Water management plans (WMPs) are
required wherever at least one waterpower
facility exists on a river system. These plans
are proponent driven, but are carried out
cooperatively with the MNR. WMPs are approved
by MNR as legal documents.
The “Water Management Planning
Guidelines for Waterpower” (MNR, 2002), which
govern the preparation of WMPs, have a goal of
sustainable development of Ontario's waterpower
resources, along with the management of these
resources in an ecologically sustainable manner.
The Guidelines contain a number of guiding
principles, including seeking to maximize the
net benefits to society and riverine ecosystem
sustainability. Each WMP also strives to meet
a range of economic, environmental and social
objectives that are unique to each river's setting
and characteristics.
nn use of motorized construction
equipment in or near water;
nn stream channel re-alignment or channel
dredging;
nn lake dredging; and
nn dam repairs and / or construction.
Offices will share the information that
is necessary to ensure effective working
relationships. For example, a MNR District
CFWIP representative may provide DFO and CA
offices with a list of approved fish habitat related
CFWIP projects.
23
DRAFT
2.5.8 Aquaculture The Guidelines indicate that the general
scope of WMPs will include:
i.
Aquaculture facilities may be land based or
may be cages in open water. The cages may be
attached to shore or may be offshore.
baseline conditions (environmental, social
and economic) present at the time of
planning;
Aquaculture projects often have the potential
to alter physical habitat in Canadian fisheries
waters. MNR is the first point of contact for both
land based and cage aquaculture applications.
Aquaculture projects are circulated directly
from MNR to local DFO offices for review in
determining and authorizing a HADD. Other
permits and approvals may be required from
other agencies for an aquaculture operation
(e.g., MOE, TC, CAs and municipalities).
ii. a focus principally on the management of
water levels and flows;
iii. operating regimes required at the
waterpower facilities and associated water
control structures;
iv. the relative scale of effects of waterpower
operations and their related issues; and
v. other water resource users and the public
interest in water (MNR, 2002, p. 6).
In Ontario, MNR regulates aquaculture
operations under the authority of the PLA, the
Fish and Wildlife Conservation Act (FWCA) and the
federal Fisheries Act. The FWCA prohibits persons
from culturing fish except under authority of a
licence, and in accordance with the regulations.
Part II of Ontario Regulation 664/98 (Fish
Licensing) establishes aquaculture licences,
fish stocking licences, licences to collect fish
from Ontario waters, regulations respecting the
transportation of fish, and certain conditions and
exemptions in relation to these licences. Ontario
Regulation 664/98 also regulates the species
that may be cultured under the authority of an
aquaculture licence.
In cases of greenfield development, the
approvals process under the LRIA and the
planning process in accordance with the OEAA
can meet the intent of the Guidelines.
The Protocol for the Development, Review
and Implementation of Water Management Plans
for Waterpower in Ontario outlines the approach
for DFO’s participation in and approval of
WMPs and authorization of existing waterpower
facility operations pursuant to the Fisheries Act
for impacts to fish and fish habitat. Typically,
DFO participates on WMP steering committees
for complex plans (and simplified WMPs where
applicable), providing advice and direction to
plan proponents on federal legislation, policies
and programs. This review occurs in the context
of DFO’s mandate and the Policy for the
Management of Fish Habitat. Where possible,
HADDs and other aquatic ecosystem issues
will be dealt with during the planning process,
through alterations made to operating practices.
DFO will advise whether the issuing of a Fisheries
Act Authorization for the operation of the
facility is required, and may provide additional
information and direction.
MNR also requires the reporting of
significant fish escapes from aquaculture
facilities, and a description of measures and
requirements to maintain facility security status
to be defined on aquaculture licences. Water
and sediment quality monitoring conditions
recommended by MOE are appended to
aquaculture licences.
For each cage project application, a
provincial / federal review team (MNR, MOE,
DFO, TC, CEAA and others, as applicable) will be
established.
Further details on water management
planning and waterpower site release and
development are available at the MNR web site
at: http://www.mnr.gov.on.ca/mnr/waterpower/
index.html
24
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2.0
2.0
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.5.9 Wind Power Projects
The coordinated provincial review and
approval process for wind power developments is
described in detail in the “Wind and Water Power
Projects in Ontario: The Ministry of Natural
Resources’ Guide to Coordinated Approval
Processes” (MNR, 2007b) (available at www.mnr.
gov.on.ca/mnr/renewable).
The approvals process for wind power
development on Crown land is a two-stage process
- the first stage is associated with the testing of
wind power potential and the second stage is
associated with the wind power development.
The approvals required relate to provincial EA
(either through MNR's “Class EA for MNR
Resource Stewardship and Facility Development
Projects” (Class EA for RSFD) (MNR, 2003)
or through the Electricity Projects Regulation
Environmental Screening Process), issuance of a
Land Use Permit for wind exploration on Crown
land, and issuance of a Crown lease for wind
power development on Crown land.
MNR will review proposals for the impacts
of the proposed undertaking on fisheries
management objectives and baitfish, commercial
and recreational fisheries. If the proposal is
located in the Great Lakes, the review should be
conducted by Great Lakes Unit staff. Otherwise
the review should be conducted by MNR District
staff.
CAs and DFO will review wind power
project proposals to ensure that potential fish
habitat impacts are identified and mitigated
during the construction, operation and
decommissioning phases of wind power facilities
(e.g., water crossings, transmission lines, related
infrastructure, etc). DFO will also review wind
power projects to ensure compliance with the
requirements of SARA for aquatic SAR.
MNR will not dispose of a Crown right until
the fish population impacts and issues associated
with commercial, bait and recreational fisheries
have been resolved. In addition, MNR will not
dispose of a Crown right until after a CEAA
decision has been reached, along with appropriate
mitigation measures, including the authorization
of any HADDs associated with the proposed
project.
25
2.5.10 Ontario Environmental
Assessment Act (OEAA)
MNR Projects
MNR's fisheries management activities are
subject to the OEAA, either by an Individual
EA, Declaration Order, a Class EA or Ontario
Regulation 334.
Under the Class EA for Resource Stewardship
and Facility Development, MNR is responsible
for the application of all relevant Class EA
requirements (e.g., screening, planning process,
public consultation, monitoring and reporting).
Under the Class EA for RSFD, MNR staff
carry out the following actions:
nn projects are evaluated through a
screening process to identify potential
significant environmental effects that
may result from the project. In the
screening process, staff evaluate all
relevant natural environment, land use,
resource management, social, cultural,
economic and aboriginal considerations
related to the proposed project,
including fish habitat;
nn where negative effects on fish habitat
have been identified, MNR will develop
mitigation measures to prevent a
HADD. Where impacts cannot be fully
mitigated, MNR seeks advice from DFO
on authorization under Section 35 of
the Fisheries Act and works with DFO to
develop habitat compensation plans, as
required;
nn projects are categorized as either
Category A, B, C or D. The project
category is reviewed by the appropriate
manager who confirms or modifies the
category, as appropriate;
nn the relevant EA process is then followed;
and
nn Once the EA process is complete,
MNR implements the project with
all appropriate authorizations and
approvals.
DRAFT
Projects Proposed by Other Public
Agencies or Private Sector Proponents
If the applicant is an agency which operates
under its own OEAA coverage and the proposed
project is not for a MNR program, MNR will
not screen the application under the Class EA
for RSFD. MNR will not proceed with the
disposition unless the applicant provides MNR
with evidence that they have complied with their
requirements under the OEAA. Prior to granting
this type of disposition, MNR should receive
a letter from the applicant outlining how the
disposition applicant has met OEAA obligations.
For projects proposed by other public agencies or
private sector proponents, MNR:
nn comments on impacts on natural
resources, such as Areas of Natural and
Scientific Interest (ANSIs), wetlands,
SAR and other resources, including fish
habitat, and provides resource inventory
information to proponents;
nn if acting as a partner in the project, MNR
staff evaluate the proposed project to
determine the requirements under the
Class EA for RSFD (see EA Procedures
Manual For MNR Activities - Partnership
Projects - LUPB 4.02.87.) The process
described for MNR projects (as noted
above) must be followed;
nn if the project is not for an MNR
program and the applicant requests
the disposition of the rights to Crown
resources, MNR asks for a project
description to be completed and
submitted with the application, in
accordance with the Class EA for RSFD;
nn if the disposition application requires
screening under the Class EA for RSFD,
MNR will identify any mitigation
measures required to reduce potential
significant negative environmental
effects, assign to a category and obtain
appropriate MNR manager sign-off; and
nn If the project is either a Category B or
C, MNR will instruct the applicant to
complete all relevant sections of the
Class EA for RSFD.
If the proposed project is in or around water
and is likely to alter fish habitat, MNR will inform
the agency / proponent that the proposed project
will have to be referred to DFO for advice on
protecting fish habitat or for authorization under
Section 35 of the Fisheries Act. MNR will offer to
make this referral on behalf of the agency.
For proposed dispositions of rights to Crown
resources, MNR determines if there may be the
potential for significant negative environmental
effects, including fish habitat. However, where
significant negative environmental affects are
anticipated and the proposed activity is likely to
negatively impact fish habitat, MNR will make
this referral to the CA / DFO, on behalf of the
proponent. The CA / DFO will provide advice on
protecting fish habitat.
26
DRAFT
2.0
2.0
The MNR has the lead for planning matters
in Ontario as they relate to the protection of
natural heritage features, including fish habitat.
MNR’s role is to promote good planning in order
to ensure that various values, including fish
habitat, are proactively protected. The Provincial
Policy Statement (PPS) (2005) is issued under
the authority of Section 3 of the Planning Act and
came into effect on March 1, 2005. It provides
policy direction on matters of provincial interest
related to land use planning and development on
private land.
The PPS identifies fish habitat as one
of the Natural Heritage features that is of
provincial interest and should be protected from
incompatible development. Policy 2.1.5 states
that: "development and site alteration shall not
be permitted in fish habitat except in accordance
with provincial and federal requirements".
With respect to policy 2.1.5, provincial and
federal requirements means "…legislation and
policies administered by the federal or provincial
governments for the purpose of the protection
of fish and fish habitat, and related, scientifically
established standards such as water quality
criteria for protecting lake trout populations".
In addition, policy 2.1.6 states that:
"development and site alteration shall not be
permitted on adjacent lands to the natural
heritage features and areas identified in policies
2.1.3, 2.1.4 and 2.1.5 unless the ecological
function of the adjacent lands has been evaluated
and it has been demonstrated that there will be
no negative impacts on the natural features or
on their ecological functions”. The "Natural
Heritage Reference Manual” (MNR, 1999) was
issued by MNR to provide information on
technical issues relative to the natural heritage
policies of the PPS. This manual identifies
important considerations for the identification
and evaluation of fish habitat and adjacent
lands and potential development impacts and
mitigation, in keeping with MNR's / CAs role in
the planning process associated with fish habitat
protection. The manual is available at: http://
www.mnr.gov.on.ca/mnr/pubs/nat_heritage_
manual.pdf
MNR provides fish habitat inventory
and habitat classification information to
municipalities, the Ministry of Municipal Affairs
and Housing (MMAH), CAs and proponents to
assist with implementing the PPS.
MNR has developed, and is continuing to
develop, data standards for fish habitat and fish
population assessment.
When requested by MMAH, MNR provides
technical advice on all natural heritage areas
and features to proponents, consultants and
municipalities through the provincial “one
window” planning service. This also includes
providing “generic” advice on the protection of
fish habitat to all municipal planning authorities
(e.g., on the sensitivities of fish and fish habitat,
and how impacts from development and human
activities can be avoided or mitigated).
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.5.11Provincial Policy Statement
(Fish Habitat Section)
27
DRAFT
When requested to review a policy document
or development application by MMAH, MNR
may:
nn identify a situation where concerns must
be addressed to ensure that a decision on
the planning matter is consistent with
the PPS;
nn provide available fish habitat
information relevant to the document or
application;
nn share relevant technical guidelines,
standards or reference materials that
should be considered by the proponent;
nn provide technical comments on specific
studies provided by the proponent
with the proviso that DFO, not MNR,
determines if work is likely to cause a
HADD; and
nn identify that approvals may still
be required under the Fisheries Act
and, where appropriate, identify the
appropriate CA or DFO District Office to
contact. A review under the fish habitat
protection provisions of the Fisheries Act
only occurs when a project that proposes
works or undertakings in or near water
has been defined and moves to the
implementation stage.
MNR does not become involved in
compensation negotiations. However, MNR must
agree with proposed compensation developed
by the proponent and approved by DFO where
Crown land is adjacent or adjoining to ensure
compliance with provincial legislation.
CA, DFO and MNR staff will work together
to ensure that any fish habitat concerns that
may affect fisheries management objectives are
identified through the review under the Fisheries
Act.
In addition, MNR undertakes the following:
nn continues to develop data standards
for fish habitat and fish population
assessment; and
nn promotes decisions on planning matters
that are consistent with the PPS and
provides "generic" technical advice on all
natural heritage areas and features, as
requested through the provincial “one
window” planning service.
MNR does not determine if work is likely
to result in a HADD, but will refer this matter
to the local CA / DFO. MNR will offer to make
this referral on behalf of proponent. DFO will
respond directly to proponent and provide a copy
to MNR.
28
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2.0
2.6 Ministry of Transportation
2.6.1 MTO Projects
MTO is responsible for planning,
managing and maintaining a safe, efficient,
reliable and integrated transportation
network. In addition, MTO sets design
and maintenance standards and manages
construction and maintenance activities on
the provincial highway network.
The 2006 MTO / DFO / MNR Protocol for
Protecting Fish and Fish Habitat on Provincial
Transportation Undertakings defines a process
whereby MTO screens its highway projects
to determine the likelihood of a HADD. The
protocol contains provisions for: fisheries
data collection; assessments to determine
risk and likelihood of causing a HADD; and
fisheries assessment notification. Projects with
a likelihood of causing a HADD are referred
directly to DFO for determination of HADD
acceptability, authorization and compensation.
The tools necessary for implementing the
protocol are available in the “MTO / DFO / MNR
Protocol User Field Guide” (2006) and the “MTO
Environmental Guide for Fish and Fish Habitat”
(MTO, 2006) including all applicable notification
forms.
When delivering its transportation
program, MTO does so with a view towards
protecting the environment. A formal
protocol for protecting fish and fish habitat
on provincial transportation undertakings
has been in effect since 1993 when it was
signed by the MTO and MNR. In June 2006,
MTO, DFO and MNR signed a new protocol
entitled “MTO / DFO / OMNR Protocol
for Protecting Fish and Fish Habitat on
Provincial Transportation Undertakings”
(herein referred to as the 2006 MTO / DFO /
MNR Fisheries Protocol).
Under the 2006 protocol, MTO has the
responsibility and accountability to self screen
for the likelihood of MTO projects resulting
in a HADD. MTO is also responsible for
the development of mitigation measures,
including design modifications, to eliminate
or reduce the risk of HADD. Where a
HADD is unavoidable, MTO develops a
project specific compensation plan that is
submitted to DFO for Fisheries Act review and
authorization.
MTO’s web site at: www.mto.gov.on.ca
To ensure its effectiveness, the MTO /
DFO /MNR Protocol also includes a "quality
assurance / quality control program" consisting
of staff qualifications, training and process
audits. A "Protocol Implementation Team"
(PIT), consisting of DFO, MNR, and MTO
representatives, oversees the implementation
and evaluation of the protocol. The PIT reports
the results of the audits annually to the Aquatic
Resources Management Advisory Committee
(ARMAC), which in turn reports to Canada Ontario Fisheries Advisory Board (CONFAB).
Figure 3.8 in Chapter 3 illustrates the MTO
referral process.
Copies of the MTO / DFO / MNR Protocol,
the User Field Guide and “MTO Environmental
Guide for Fish and Fish Habitat” are available
from each of the signatory agencies, as well as the
following website: www.mto.gov.on.ca/english/
engineering/envirostandards/
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
2.0
29
DRAFT
2.7 Ministry of the Environment
2.7.1 Permit to Take Water
MOE is responsible for the compliance and
enforcement of several statutes which directly or
indirectly protect fish habitat by protecting water
quality. These include the EPA, OWRA, Pesticides
Act, Safe Drinking Water Act, Nutrient Management
Act and the Ontario Environmental Assessment Act.
All water takings have the potential to
impact fish and fish habitat and the aquatic
environment.
Section 34 of the Ontario Water Resources
Act (OWRA) requires anyone taking more than
a total of 50,000 litres of water in a day from a
lake, stream, river or groundwater source (with
some exceptions) to obtain a permit to take
water (PTTW). MOE evaluates each proposed
water taking to ensure it meets the principles of
the PTTW program including: protecting the
natural functions of the ecosystem (including
fish and fish habitat); preventing unacceptable
interference with other water users; and fair
sharing and conservation of the resource.
MOE’s Certificate of Approval (C of A)
process also includes coordination with respective
provincial and federal agencies, as outlined in
various guidelines and policy documents (see
Appendix C: Guidelines, Best Management
Practices and Resources).
MOE and the Canadian Environmental
Assessment Agency are signatories to the
“Canada-Ontario Agreement on Environmental
Assessment Cooperation” (the Agreement),
through various administrative mechanisms,
which forms the basis for more effective and
efficient cooperation where federal and provincial
EA legislation applies to the same project.
Additional information can be found on the
MOE's web site at: www.ene.gov.on.ca
The processing of applications for a PTTW
includes an assessment of compliance with MOE
policies, guidelines and regulatory requirements,
as well as a technical / scientific evaluation of the
water taking to assess the feasibility and potential
for impact.
PTTW applications are evaluated in terms of
their impact on surface waters and groundwater.
Types of Surface Water Taking
Water taking from surface waters occurs
primarily in two ways as: (a) the withdrawal or
diversion of water from a source by pumping
or by gravity (extraction); or (b) the taking of
water into storage within a flowing water body
by damming and / or excavating the bed of the
flowing water body (on-line storage). A third
kind of surface water taking may be identified
as the capture of overland runoff into storage
facilities (runoff storage). Water takings also
vary in the rates, amounts, timing, durations and
frequency of the taking.
30
DRAFT
2.0
2.0
Surface water sources include: lakes; ponds
that have a connection to a watercourse or receive
water mostly from runoff (including artificial
ponds); impoundments formed by damming
flowing rivers to retain the water (including
large reservoirs and small on-stream ponds);
wetlands; springs; and permanent, intermittent
and ephemeral watercourses of all sizes (including
constructed channels). The above sources can
be divided into two broad groups as: standing
water bodies (e.g., lakes, ponds and wetlands); and
flowing water bodies (e.g., rivers).
The different types of surface waters listed
above, as well as individual sources within each
type of surface water, exhibit great diversity
in their physical, chemical, biological and
hydrological characteristics, and the dynamic
interactions between these. As a result, a given
proposal may pose different levels of risk to
different surface waters. Surface waters also
differ in many other aspects, such as: the type of
primary use they serve; the degree of modification
by human actions; and position in the watershed.
These factors also influence the level of risk posed
by a given taking.
Details on the PTTW process and its recent
revisions can be found on MOE’s web site at:
www.ene.gov.on.ca/envision/water/pttw.htm
2.7.2 How does MOE Evaluate
Impacts on Habitat?
When considering the need to protect
the natural functions of the ecosystem, MOE
considers the impact of the proposed water taking
on habitat that depends on water flow or water
levels. In the review of permits to take surface
water, MOE may impose conditions related to the
variability of water flow or water levels in order to
protect habitat.
In the review of permits to take groundwater,
MOE may impose conditions related to
maintenance of water levels, maintenance of
base flow quantity and quality to protect habitat.
MOE may consider the project's net benefit
impact on water flow and water levels when
reviewing the water taking proposal.
2.7.3 What Other Information does
MOE Consider?
As part of its review, MOE will rely on
MNR and DFO to provide comment and
recommendations on individual permit
applications related to potential impact on
habitat. Conditions recommended by MNR and
DFO may be incorporated into the permit.
CAs are notified by MOE of every water
taking application within their watershed that
is posted on the Environmental Bill of Rights
Registry (EBR). In some watersheds, the CA has
agreed to screen aggregate resource applications
with respect to Section 35 of the Fisheries Act.
Those conditions recommended by the CA may be
incorporated in the PTTW.
H A B I T A T
R E F E R R A L
P R O T O C O L
Types of Surface Waters
F I S H
In areas where CAs do not exist or where
CAs provide advice under the Planning Act to
municipalities but do not review applications for
fish or fish habitat impacts, MOE will consult, as
necessary, with DFO directly.
31
DRAFT
2.7.4 Aquatic Pesticide
(Extermination) Applications
2.7.5 Aquatic Herbicides
During the permit review process, MOE will
circulate an application to the MNR, DFO and
/ or the Trent-Severn Waterway (TSW) National
Site of Canada, in accordance with signed
agreements. These agreements include:
nn MOE / Parks Canada - TSW Protocol for
Assessment of Permits to Perform Water
Exterminations with Herbicides in TSW
Waters (MOE / TSW Protocol);
nn MOE / DFO / MNR Protocol for
Assessment of Permits to Perform Water
Exterminations with Herbicides in
Ontario Waters (July, 2005) (MOE / DFO
/ MNR Protocol; and
nn DFO / MNR Ontario Guidelines for
Aquatic Plant Control (1994) (DFO /
MNR Guidelines).
MOE is the provincial agency responsible for
the management of pesticides and for reviewing
and approving water extermination permits
for the use of aquatic pesticides. The Pesticides
Act and Ontario Regulation 914 provide the
provincial regulatory framework and outline the
requirements for training, licensing, permits and
pesticide classification that allow MOE to manage
pesticide use in aquatic environments. Limits
and controls are placed on the selection and use
of pesticides to protect human health and the
environment. When necessary, MOE will rely on
the expertise of DFO and MNR in considering
fish habitat protection.
MOE encourages the promotion of integrated
pest management approaches to reduce the
reliance on the use of pesticides and is engaged
in various outreach activities to increase public
awareness.
A water exterminator's licence and water
extermination permit is required, unless the
person or circumstance is exempt from the
licensing requirement, to use a pesticide in a
water extermination.
The issuing of water extermination permits
prevents excessive and indiscriminate use of
pesticides by: ensuring proper pesticide selection;
authorizing the amount of pesticide that may
be purchased and used; setting forth conditions
under which it may be used; and delineating the
treatment area. MOE issues water extermination
permits for the use of herbicides to control
aquatic plants, the use of specific larvicides to
control mosquitos to manage West Nile Virus and
for the use of larvicides for the control of invasive
organisms such as sea lamprey and round goby.
Additional information related to the
requirements and submission of water
extermination permits is available on the MOE
web site at: http://www.ene.gov.on.ca/en/water/
index.php
32
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2.0
2.0
MOE / TSW Protocol
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
Under the MOE / TSW Protocol, all permit
applications received by MOE from proponents
requesting authorization to use herbicide to
control aquatic plants in waterbodies on the TSW
will require written approval from the PCA, prior
to issuance of a permit by MOE.
MOE will rely on the PCA to provide
recommendations on the earliest date of
treatment with aquatic herbicides for waterbodies
on the TSW.
Parks Canada, is to inform MOE Regional
Offices by April 1st of the related year, of any
known sensitive water bodies / areas that require
fish habitat protection.
2.7.6 Larvicides for Mosquito
Control for West Nile Virus
Permit applications for sensitive areas
which include critical fish habitat, wetlands,
fish sanctuaries or endangered and threatened
species habitat are reviewed in accordance with
the “Sensitive Areas and Species Protocol”,
developed cooperatively with the MNR and other
environmental agencies.
Additional information on the submission
and requirements for applying for water
extermination permits is available in Appendix D.
(Note: the Sensitive Areas and Species Protocol is
under review by MOE and MNR which may result
in changes to the current protocol.)
MOE/DFO/MNR Protocol
Under the MOE / DFO / MNR Protocol, DFO
and MNR are to inform MOE Regional Offices by
February 1st of each year of any areas of special
concern (e.g., habitat for Species at Risk) where
all applications for permits will require a review
by DFO or MNR, as appropriate.
New permit applications that comply with
the DFO / MNR Guidelines, and requests to
renew previously approved permits, will be
reviewed by MOE without circulation to DFO or
MNR.
Any permit application that does not
comply with the DFO / MNR Guidelines, or that
proposes treatment in areas of special concern
identified by DFO, will be forwarded to the
appropriate DFO District Office for review, prior
to review by MOE. DFO will consult with CAs /
MNR, where necessary (e.g., wetlands).
Any permit application that proposes
treatment in areas of special concern identified by
MNR will be forwarded to the local MNR District
Office for review, prior to review by MOE.
MOE shall contact the local MNR office
for the Fish Timing Window for Work-In-Water
Guidelines to determine the acceptable dates for
the application of aquatic herbicides.
33
DRAFT
2.8 Ontario Ministry of Agriculture,
Food and Rural Affairs
2.9 Conservation Authorities
Ontario's 36 CAs are community
based conservation organizations that
provide comprehensive technical, planning,
educational and recreational services. For
more than 50 years CAs have been empowered
by the provincial Conservation Authorities
Act to undertake programs to further the
conservation, restoration, development
and management of natural resources on a
watershed basis. Programs are approved and
developed in conjunction with watershed
municipalities. CAs may have at their
disposal extensive fish habitat information
and may have prepared fisheries / fish habitat
management plans that would benefit
program development in their watersheds.
While MOE is responsible for the compliance
and enforcement of the Nutrient Management Act,
OMAFRA is responsible, through the Nutrient
Management Act, for training, certification and the
approval process under the legislation. Anyone
preparing a Nutrient Management Strategy
(NMS) and Nutrient Management Plan (NMP)
must be certified. In addition, any businesses
involved in brokering, hauling or applying
nutrients for phased-in operations must be
certified.
The review and approval of NMSs and NMPs
for farms is done by OMAFRA. OMAFRA works
closely with farmers in the development and
approval of NMSs / NMPs, offering training
and education to help farmers implement best
management practices (BMPs) and continue to
operate environmentally sustainable agricultural
operations. NMSs / NMPs are used to determine
requirements for the storage, management,
transfer and land application of materials
containing nutrients, including manure,
biosolids, compost, fertilizers and runoff. These
requirements reduce the risk to fish habitat
through set-backs to surface water, appropriate
application rates and spill contingency plans.
Section 28 (1) of the Conservation Authorities
Act allows for regulations that:
1. pertain to the use of water (Section 28(1)
(a));
2. prohibit or require permission to interfere
in any way with the existing channel of a
watercourse or wetland (Section 28(1)(b));
and
3. prohibit or require permission to undertake
development (construction, structural
alteration, grading, filling) in areas where
the control of flooding, erosion, dynamic
beaches, pollution, or the conservation of
lands may be affected (Section 28(1)(c)).
OMAFRA is also responsible for the
general administration of the Drainage Act. This
provincial statute permits property owners to
petition their local municipality for a solution to
their drainage problems. The local municipality
is responsible for administering the communal
process under the Drainage Act, and once a
drainage system is constructed, project costs are
assessed to the landowners in the catchment area
of the drain that has benefited from the drainage.
Once constructed, it is known as a "municipal
drain" and the municipality is responsible for all
aspects of managing this drainage infrastructure
on behalf of the involved landowners. The
Drainage Act also empowers the municipality to
enforce those sections of the Act that prevent
blocking, damaging or polluting municipal
drains.
For more information on agricultural
drains, refer to sections 2.1.4 and 2.1.5. Further
information on OMAFRA can be found at:
www.omafra.on.ca
34
DRAFT
2.0
2.0
CAs also play an important role in source
water protection. Water is critical to all aspects
of our lives and it is important to ensure there is
a safe and reliable source of water for all our uses
- now and in the future. Source water protection
is simply protecting surface water sources such
as lakes, rivers, streams and groundwater sources
(aquifers) from contamination or overuse. All of
these sources of water are linked in a watershed
through the water cycle.
The Government of Ontario has made a
commitment to ensure that every watershed in the
province has a source water protection plan. With
their long history in watershed management, CAs
play a key role in protecting sources of water and
aquatic resources by providing technical expertise
and advice to assist local municipalities and
other stakeholders develop the best approach to
protecting local water quality and supplies.
Conservation Ontario’s web site at:
www.conservation-ontario.on.ca
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
The areas regulated by a CA are defined in
the written text of their individual regulation
(Section 28). Maps of these regulated areas are
registered with the province and are typically
used to assist with the implementation of these
regulations.
35
DRAFT
2.9.1 DFO - CA Fish Habitat
Agreements
of fish habitat. There are three different levels
of agreement that have been signed between the
CAs. The following tables provide a definition for
each level of agreement and list the agreements in
place with CAs.
DFO has signed partnership agreements with
each of the 36 CAs in Ontario to review proposed
projects under Section 35 of the Fisheries Act which
deals with the management and protection
Table 2: Level of Agreements with Conservative Authorities
Level of
Agreement
Definition
Level I
The local Conservation Authority conducts the initial review of the project to identify any
impacts to fish and fish habitat. If there are potential impacts to fish and fish habitat,
the project is forwarded to the local DFO District Office for further review.
Level II
In addition to the above, the Conservation Authority determines how the proponent can
mitigate any potential impacts to fish and fish habitat. If impacts to fish and fish habitat
can be mitigated, then the CA issues a letter of advice. If impacts to fish and fish habitat
cannot be fully mitigated, the project is forwarded to the local DFO District Office for
further review.
Level III
In addition to all of the above, the Conservation Authority works with the proponent and
reviews the fish habitat compensation plan. The project is then forwarded to the local
DFO District Office for authorization under the Fisheries Act.
Conservation Authorities with Level 1 Agreements
Crowe Valley Conservation Authority
Mattagami Region Conservation Authority
Nickel District Conservation Authority
Sault Ste. Marie Region Conservation Authority
Ausable Bayfield Conservation Authority
Cataraqui Region Conservation Authority
Catfish Creek Conservation Authority
Conservation Halton
Credit Valley Conservation
Grey Sauble Conservation Authority
Hamilton Region Conservation Authority
Kettle Creek Conservation Authority
Lakehead Region Conservation Authority
Long Point Region Conservation Authority
Lower Thames Valley Conservation Authority
Lower Trent Region Conservation Authority
Maitland Valley Conservation Authority
Mississippi Valley Conservation Authority
Niagara Peninsula Conservation Authority
North Bay - Mattawa Conservation Authority
Nottawasaga Valley Conservation Authority
Otonabee Region Conservation Authority
Quinte Conservation Authority
Raisin Region Conservation Authority
Rideau Valley Conservation Authority
Saugeen Valley Conservation Authority
South Nation Conservation Authority
St. Clair Region Conservation Authority
Upper Thames River Conservation Authority
Central Lake Ontario Conservation Authority
Kawartha Region Conservation Authority
Essex Region Conservation Authority
Lake Simcoe Region Conservation Authority
Ganaraska Region Conservation Authority
Toronto Region Conservation Authority
Grand River Conservation Authority
*As of September 2007
36
DRAFT
2.0
2.0
Through these agreements, initial requests
for the review of projects in or near water that
may affect fish and fish habitat are referred to the
local CA. Consequently, CAs are often the first
point of contact for the majority of projects in
and around water in southern Ontario.
Depending on the level of agreement, CA’s
will: undertake an initial review of the project to
determine whether fish habitat may be impacted;
provide mitigation advice to prevent fish habitat
impacts; and / or review habitat compensation
plans, in consultation with DFO. Projects
requiring Fisheries Act review, authorization and /
or assessment under CEAA are forwarded to DFO.
Figure 3.9 in Chapter 3 provides the CA /
DFO referral review process.
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
These agreements were developed to
streamline day-to-day referrals in Ontario for
projects that may have a shared regulatory
interest between DFO and the CAs. These
agreements were also put in place to improve
client service with a “one window” approach
through CAs.
37
DRAFT
REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS
Figure 3.1
Risk Management Framework
Figure 3.2
Agricultural Drain Classification Process
Figure 3.3
Generalized Process for CEAA Screenings
Figure 3.4
SARA Referral Review Process
Figure 3.5
Parks Canada Agency Referral Process
Figure 3.6
Ministry of Natural Resources Referral Process
Figure 3.7
Crown Forest Sustainability Act Referral Process
Figure 3.8
MTO Referral Process
Figure 3.9
CA / DFO Referral Process
38
DRAFT
3.0
3.0
Risk Management Framework
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
3.1
39
DRAFT
3.2
Agriculture Drain Classification Process
Drain Classification Flow Chart
TYPE
Flow
Temperature
Species
Time Since
Last Cleanout
Authorization
A
Permanent
Cold/Cool/Unknown
No trout or salmon
B
Permanent
Warm
Top Predators and/or Less than 10
Ecosystem Indicators1 years
Class B
C
Permanent
Warm
Forage Fish
N/A
Class C
D
Permanent
Cold/Cool/Unknown
Trout and/or salmon
N/A
Project Specific
E
Permanent
Warm
Top Predators and/or Greater than
Ecosystem Indicators1 10 years
Project Specific
F
Intermittent N/A
N/A
None required
(work done in dry)
N/A
N/A
White Crappie, American Brook Lamprey, Pearl Nace, Mottled Sculpin, Slimy Sculpin, Bowfin,
Grass Pickerel, White Perch, White Bass. Rock Bass
1
40
DRAFT
Class A
3.0
3.0
3.3 Generalized Process for CEAA Screenings.
DOES CEAA APPLY?
NO
CEAA REVIEW
NOT REQUIRED
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
YES
TRIGGER CEAA
DETERMINE IF OTHER
FEDERAL AUTHORITIES MAY
BE INVOLVED IN THE EA.
DETERMINE IF OTHER
FEDERAL AUTHORITIES MAY
BE INVOLVED IN THE EA AND
IF THERE IS A PROVINCIAL EA
REQUEST ADVICE OF
EXPERT FAs
DETERMINE SCOPE OF PROJECT,
FACTORS AND SCOPE OF FACTORS
PUBLIC PARTICIPATION AT
EA(s) DISCRETION
NOTICE OF COMMENCEMENT
POSTED ON CEAA REGISTRY
(WITHIN 14 DAYS OF TRIGGERING;
MUST REMAIN POSTED
FOR A MINIMUM OF 15 DAYS)
CONSIDERATION OF FACTORS
DETERMINE WHETHER PROJECT IS LIKELY TO CAUSE
SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS
DECISION ON COURSE OF ACTION
REFER PROJECT TO
PANEL OR MEDIATE
UNCERTAINTY OF
ADVERSE EFFECTS ON
ENVIRONMENT
NO SIGNIFICANT ADVERSE
ENVIRONMENTAL EFFECTS
> ISSUE FISHERIES ACT
AUTHORIZATION
SIGNIFICANT ADVERSE
ENVIRONMENTAL EFFECTS >
DO NOT ISSUE FISHERIES ACT
AUTHORIZATION
* Note: Comprehensive studies and panel reviews follow a different process.
41
DRAFT
3.4
SARA Referral Review Process
DEVELOPMENT PROPOSAL
IN OR NEAR WATER
WHERE SAR ARE PRESENT
(USING SAR DISTRIBUTION
MAPPING TOOL)
YES
USING RMF FLOWCHART 3.1,
CONDUCT AQUATIC EFFECTS
ASSESSMENT AND RISK ASSESSMENT
ALL POTENTIAL IMPACTS
TO SAR MITIGATED?
YES
PARTNER AGENCY
PROCEEDS WITH
APPROVAL
AND PERMITTING
PROCESS
WHERE APPLICABLE
NO
PARTNERS REFER PROJECT TO
DFO HABITAT management staff
IS SAR PERMIT REQUIRED?
DFO ISSUES LOA OR,
UPON COMPLETION OF
RMF REVIEW AND CEAA
REVIEW, IF APPLICABLE,
FISHERIES ACT
AUTHORIZATION
NO
• pROJECT ACTIVITIES THAT MAY CAUSE INCIDENTAL
HARM TO A SAR, IN PARTICULAR THE CONTRAVENTION
OF ANY ONE OF THE 3 SARA PROHIBITIONS (SECTIONS
32, 33 AND 58)
• FIELD SURVEYS TO DETECT FISH OR MUSSEL SAR
• SAR MUSSEL RELOCATIONS (I.E. MITIGATION STRATEGY)
• FISH SALVAGE OPERATIONS WHERE THERE IS
POTENTIAL HARM TO A SAR
NOTE THAT A PERMIT IS ONLY REQUIRED FOR EXTIRPATED,
ENDANGERED OR THREATENED SCHEDULE 1 FISH OR
MUSSEL SAR
YES
PROJECT REJECTED
AS PROPOSED PROPONENT
ADVISED TO
RELOCATE/REDESIGN
PROPONENT
APPLIES
FOR AND
RECEIVES SAR
PERMIT
NO
42
DRAFT
YES
SARA PERMIT ISSUED
OR DFO ISSUES SARA
COMPLIANT FISHERIES ACT
AUTHORIZATION
(CONDITIONS OF SARA
PERMIT INCLUDED WITHIN
FA AUTHORIZATION)
3.0
3.0
3.5 Parks Canada Agency Referral Process
PCA RECEIVES
DEVELOPMENT PROPOSAL
IN OR NEAR WATER
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
NO
SUFFICIENT INFO
YES
PCA PROCEEDS WITH
APPROVAL AND PERMITTING
PROCESS
NO
FISH HABITAT IS PRESENT
YES
YES
ARE AQUATIC SAR PRESENT
REFER TO SARA FLOW
CHART FIGURE 3.4
NO
CONSIDER RELOCATE/
REDESIGN IN
CONSULTATION WITH DFO
TO REDUCE RISK
USING RMF FLOWCHART
3.1 CONDUCT AQUATIC
EFFECTS ASSESSMENT AND
RISK ASSESSMENT
LOW
RISK
NO HADD LIKELY WITH ADDITIONAL
MITIGATION; SITE SPECIFIC LETTER
OF ADVICE THROUGH O.S.; BMPs
OR APPROVED WORK PRACTICES
MEDIUM
RISK
SIGNIFICANT
RISK
HIGH
RISK
HADD LIKELY - DFO MAY BE
A RESPONSIBLE AUTHORITY
UNDER CEAA
PCA FACILITATES
PREPARATION OF
COMPENSATION PLANS
IN CONSULTATION
WITH DFO AS PER DFO
PARTNERSHIP AGREEMENT
AND REFERS PROJECT
PROPOSAL TO DFO
RESPONSIBLE AUTHORITY
MAKE DECISION ON COURSE
OF ACTION UNDER CEAA,
SEE FLOWCHART 3.3
SIGNIFICANT ADVERSE
- DO NOT ISSUE FISHERIES
ACT AUTHORIZATION
NO SIGNIFICANT ADVERSE
- ISSUE FISHERIES ACT
AUTHORIZATION
PARTNER AGENCY PROCEEDS WITH THEIR APPROVAL AND
PERMITTING PROCESS WHERE APPLICABLE
43
DRAFT
3.0
3.6 Ministry of Natural Resources Referral Process
DEVELOPment PROPOSAL
IN OR NEAR WATER RECEIVED BY
OMNR
REFER TO FLOW CHART 3.7
WORK ASSOCIATED WITH A
C.F.S.A PROJECT
YES
NO
WORK IS A C.F.W.I.P PROJECT or
subject
to MNR 's class e.a.
for R.S.F.D.
NO
MNR FORWARDS PROJECT TO
CONSERVATION AUTHORITY
FOR INITIAL FISHERIES ACT
ASSESSMENT (REFER TO FLOW
CHART 3.9)
YES
PROJECT PROPOSED IN A
CONSERVATION AUTHORITY
WATERSHED
NO
MNR FORWARDS PROJECT TO
DFO FOR FISHERIES ACT
REVIEW, SEE FLOW CHART 3.1
MNR PROCEEDS WITH APPROVAL
AND PERMITTING PROCESS
WHERE APPLICABLE
44
DRAFT
YES
HADD LIKELY
YES
NO
3.0
Crown Forestry Sustainability Act Referral Process
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
3.7
45
DRAFT
3.8
MTO Referral Process
To be used in conjunction with the User Field Guide for Protecting Fish and Fish Habitat on
Provincial Transportation Undertakings."
46
DRAFT
3.0
3.0
3.9
CA/DFO Referral Process
Project Identified
OPERATIONAL
STATEMENT?
YES
USE OPERATIONAL
STATEMENT
DEVELOPMENT
PROPOSAL IN OR NEAR
WATER RECEIVED BY
CA/DFO
NO
SUFFICIENT INFO
YES
NO
FISH HABITAT PRESENT
LEVELS I CA ISSUES OS
OR SEND DEVELOPMENT
PROJECT proposal TO DFO
YES
AQUATIC SPECIES AT
RISK PRESENT (USE SAR
DISTRIBUTION MAPS)?
NO
YES
REFER TO SARA FLOW
CHART Flow chart 3.4
USING RMF (Flow
chart 3.1) CONDUCT
AQUATIC EFFECTS
ASSESSMENT AND RISK
ASSESSMENT
LOW
RISK
NO HADD LIKELY WITH
ADDITIONAL MITIGATION
SITE SPECIFIC LETTER
OF ADVICE THRU O.S.,
BMPs OR APPROVED
work PRACTICES
MEDIUM
RISK
high
RISK
CONSIDER RELOCATE/
REDESIGN IN CONSULTATION
WITH DFO TO REDUCE RISK
(consult dfo as required)
SIGNIFICANT
RISK
HADD LIKELY - CEAA MAY APPLY
LEVEL II
PARTNER
FORWARDS
PROJECT TO
DFO FOR CEAA
ASSESSMENT;
COMPENSATION
AND F.A.
AUTHORIZATION
LEVEL III
PARTNER
FACILITATES
PREPARATION
OF
COMPENSATION
PLAN IN
CONSULTATION
WITH DFO
COMPLETE
REFERRAL PACKAGE
FORWARDED TO
DFO FOR CEAA
ASSESSMENT AND F.A.
AUTHORIZATION
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
NO
LII / LIII
PARTNER AGENCY
PROCEEDS WITH
THEIR APPROVAL AND
PERMITTING PROCESS
WHERE APPLICABLE
47
DRAFT
APPENDIX
Appendix A - Glossary of Terms
Crown Lands (federal): means
a. lands that belong to Her Majesty in right
of Canada, or that Her Majesty in right of
Canada has the power to dispose of, and all
waters on and airspace above those lands,
other than lands the administration and
control of which have been transferred
by the Governor in Council to the
Commissioner of the Yukon Territory,
the Northwest Territories or Nunavut
and lands, the management of which has
been granted to a port authority under
the Canada Marine Act or a not-for-profit
corporation that has entered into an
agreement under subsection 80(5) of that
Act,
Adverse Effect: means one or more of:
a. impairment of the quality of the natural
environment for any use that can be made
of it;
b. injury or damage to property or to plant or
animal life;
c. harm or material discomfort to any person;
d. an adverse effect on the health of any
person;
e. impairment of the safety of any person;
f. rendering any property or plant or animal
life unfit for human use;
g. loss of enjoyment of normal use of
property; and
b. the following lands and areas, namely,
h. interference with the normal conduct of
business. (Source: Ontario Environmental
Protection Act)
Agricultural Operation: an agricultural,
aquacultural, horticultural or silvicultural
operation.
(i) the internal waters of Canada,
(ii) the territorial sea of Canada,
(iii) the exclusive economic zone of
Canada, and
(iv) the continental shelf of Canada, and
c. reserves, surrendered lands and any other
lands that are set apart for the use and
benefit of a band and are subject to the
Indian Act, and all waters on and airspace
above those reserves or lands. (Source:
Canadian Environmental Assessment Act)
Aquatic Species: means a wildlife species that
is a fish, as defined in Section 2 of the Fisheries Act,
or a marine plant, as defined by Section 47 of that
Act. (Source: SARA)
Aquatic Species at Risk: Those aquatic
Crown Lands (provincial): defined in the
Public Lands Act as land that is owned by the
Province of Ontario and under the management
and control of the Minister of Natural Resources.
species listed under SARA.
Canadian Fisheries Waters: Section 2 of
the Fisheries Act defines Canadian fisheries waters
as all waters in the fishing zones of Canada, all
waters in the territorial sea of Canada and all
internal waters of Canada.
Dam: a structure or work forwarding, holding
back or diverting water and includes a dam,
tailings dam, dike, diversion, channel alteration,
artificial channel, culvert or causeway. (Source:
Lakes and Rivers Improvement Act)
Compensation: is the replacement of natural
habitat, increase in the productivity of existing
habitat, or maintenance of fish production in
circumstances where mitigation techniques and
other measures are not adequate to maintain
fish habitat. For further information on these
definitions, refer to DFO's “Policy for the
Management of Fish Habitat” (1986).
48
DRAFT
4.0
APPENDIX
Deleterious Substance: defined in the
Drainage works: includes a drain constructed
Fisheries Act (Section 34) as:
by any means, including the improvement of
a natural watercourse, and includes works
necessary to regulate the water table or water level
within or on any lands or to regulate the level of
the waters of a drain, reservoir, lake or pond, and
includes a dam, embankment, wall, protective
works or any combination thereof. (Source:
Drainage Act)
a. any substance that, if added to any water,
would degrade or alter or form part of a
process of degradation or alteration of
the quality of that water, so that the water
is rendered or is likely to be rendered
deleterious to fish or fish habitat or to the
use by man of fish that frequent that water;
or
Dredge: to remove or displace material from
b. any water that contains a substance in
such quantity or concentration, or that has
been so treated, processed or changed by
heat or other means from a natural state
that it would, if added to any other water,
degrade or alter or form part of a process
of degradation or alteration of the quality
of that water so that the water is rendered
or is likely to be rendered deleterious to
fish or fish habitat or to the use by man of
fish that frequent that water; and without
limiting the generality of the foregoing
includes:
any shore lands, but does not include removal or
displacement relating to the installation of service
cables, heat loops or water intakes for private
residences. The term dredge potentially includes
the removal of any materials from the beds of
lakes, rivers or other watercourses and lands
within federal jurisdiction such as historic canals.
(Source: Public Lands Act)
c. any substance or class of substances
prescribed pursuant to paragraph (2)(a) of
Section 34 of the Fisheries Act;
b. b)shellfish, crustaceans, marine animals
and any parts of shellfish, crustaceans or
marine animals; and
d. any water that contains any substance
or class of substances in a quantity or
concentration that is equal to or in excess
of a quantity or concentration prescribed
in respect of that substance or class of
substances pursuant to paragraph (2)(b) of
Section 34 of the Fisheries Act; and any water
that has been subjected to a treatment,
process or change prescribed pursuant
to paragraph (2)(c) of Section 34 of the
Fisheries Act.
c. c) the eggs, sperm, spawn, larvae, spat and
juvenile stages of fish, shellfish, crustaceans
and marine animals.
Discharge: means
nn to add, deposit, leak or emit;
nn an addition, deposit, emission or leak.
(Source: Ontario Environmental Protection
Act)
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
4.0
Fish: defined in Section 2 of the Fisheries Act as
including:
a. a) parts of fish;
Fish habitat: 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. (Source: Section
34(1) of the Fisheries Act)
Farmer: the owner or operator of an
agricultural operation. (Source: Nutrient
Management Act)
Fishery Officer: a person who is designated
as a fishery officer pursuant to subsection 5(1) of
the Fisheries Act.
Lake: includes a pond and similar body of
water. (Source: Lakes and Rivers Improvement Act)
49
DRAFT
APPENDIX
Minister: defined for the purpose of this
River: includes a creek, stream, brook and any
document as either the federal or provincial
Minister responsible for the particular legislation
referred to.
similar watercourse. (Source: Lakes and Rivers
Improvement Act)
Sediment: particles of solid matter suspended
Mitigation: is the action taken during the
in liquid or settling on the bottom.
planning, design, construction and operation of
works and undertakings to alleviate potential
adverse effects on the productive capacity of fish
habitats. Mitigation can include a variety of
activities (e.g., relocation or redesign of a project,
timing of works, methods of construction) to
avoid or minimize changes to habitat.
Shore Lands: lands covered or seasonally
inundated by the water of a lake, river, stream or
pond. (Source: Public Lands Act)
Special Constable: a unique category of law
enforcement officers. Unlike police officers,
whose duties have been established by legislation,
no specific statutory duties are associated with
the office of special constable. Instead, the
legislation merely enables or authorizes special
constable appointments for an undefined
purpose (to be determined by the appointing
authority, a police services board or the
Commissioner of the Ontario Provincial Police
and with the approval of the Minister of Public
Safety and Security).
Municipal Drain: a “drainage works” as
defined in the Drainage Act. It is a drainage system
constructed under the authority of a municipal
by-law passed under the Drainage Act. These
systems can include channels, pipes, culverts,
bridges, pumping stations or dykes.
Natural environment: the air, land and
water, or any combination or part thereof,
of the Province of Ontario. (Source: Ontario
Environmental Protection Act)
Spill: a discharge into the natural environment
that is abnormal in quality or quantity in light
of all the circumstances of the discharge that
causes a defined adverse effect. (Source: Ontario
Environmental Protection Act)
Navigable Waters: any body of water capable
of being navigated by floating vessels of any
description for the purpose of transportation,
commerce or recreation. This includes both
inland and coastal waters.
Vessels: every description of ship, boat or
craft of any kind, whether propelled by steam or
otherwise and whether used as a sea-going vessel
or on inland waters only, including everything
forming part of its machinery, tackle, equipment,
cargo, stores or ballast. (Source: Navigable Waters
Protection Act)
Nutrient: fertilizers, organic materials, biosolids, compost, manure, septage, pulp and paper
sludge, and other materials applied to land for the
purpose of improving the growing of agriculture
crops. (Source: Nutrient Management Act)
Park Warden: a person who is designated as a
National Park Warden under the Canada National
Parks Act. In addition to being peace officers,
most park wardens also have special constable
and federal Fishery Officer status.
Water: surface water and ground water, or
either of them. (Source: Ontario Environmental
Protection Act)
Watercourse: means an identifiable
depression in the ground in which a flow of
water regularly or continuously occurs. (Source:
Conservation Authorities Act)
Public Lands: includes lands heretofore
designated as Crown lands, school lands and
clergy lands. (Source: Public Lands Act)
50
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APPENDIX
Water Crossing: a bridge, culvert or causeway
constructed to provide access to two points
separated by water. O. Reg. 453/96, s. 1. (Source:
Public Lands Act)
R E F E R R A L
P R O T O C O L
Wetland means land that:
a. is seasonally or permanently covered by
shallow water or has a water table close to
or at its surface;
b. directly contributes to the hydrological
function of a watershed through
connection with a surface watercourse;
c. has hydric soils, the formation of which has
been caused by the presence of abundant
water; and
d. has vegetation dominated by hydrophytic
plants or water tolerant plants, the
dominance of which has been favoured by
the presence of abundant water, but does
not include periodically soaked or wet land
that is used for agricultural purposes and
no longer exhibits a wetland characteristic
referred to in clause (c) or (d). (Source:
Conservation Authorities Act)
‘Work’ in a navigable waterway: A work
is defined under the NWPA as:
a. any bridge, boom, dam, wharf, dock, pier,
tunnel or pipe and the approaches or other
works necessary or appurtenant thereto,
c. any telegraph or power cable or wire, or
d. any structure, device or thing, whether
similar in character to anything referred to
in this definition or not, that may interfere
with navigation.
F I S H
H A B I T A T
b. any dumping of fill or excavation of
materials from the bed of a navigable water,
51
DRAFT
APPENDIX
APPENDIX B – LIST OF ACRONYMS
MTO - Ontario Ministry of Transportation
Agreement - Canada-Ontario Agreement on
NEB - National Energy Board
Environmental Assessment Cooperation
NEBA - National Energy Board Act
ANSI - Area of Natural and Scientific Interest
NMS - Nutrient Management Strategy
ARMAC - Aquatic Resources Management
NMP - Nutrient Management Plan
Advisory Committee
NWPA - Navigable Waters Protection Act
BMPs - Best Management Practices
NWPP - Navigable Waters Protection Program
CA - Conservation Authority
OEAA - Ontario Environmental Assessment Act
C of A - Certificate of Approval
CEAA - Canadian Environmental Assessment Act
OMAFRA - Ontario Ministry of Agriculture,
Food and Rural Affairs
CEAR - Canadian Environmental Assessment
OS - Operational Statement
Registry
OWRA - Ontario Water Resources Act
CFSA - Crown Forest Sustainability Act
PCA - Parks Canada Agency
CFWIP - Community Fisheries and Wildlife
PIT - Project Implementation Team
Involvement Projects
PLA - Public Lands Act
CONFAB - Canada Ontario Fisheries Advisory
Board
PPS - Provincial Policy Statement
COSEWIC - Committee on the Status of
PTTW - Permit to Take Water
Endangered Wildlife in Canada
RFM - risk management framework
DFO - Department of Fisheries and Oceans
RSFD - Resource Stewardship and Facility
EA - environmental assessment
Development
EC - Environment Canada
SAR - species at risk
EPA - Ontario Environmental Protection Act
SARA - Species at Risk Act
EPMP - Environmental Process Modernization
TC - Transport Canada
Plan
TSW - Trent-Severn Waterway
EBR - Environmental Bill of Rights Registry
WMP - Water Management Plan
FWCA - Fish and Wildlife Conservation Act
WNV - West Nile Virus
FA - federal authority
HADD - harmful alteration, disruption or
destruction of fish habitat
LRIA - Lakes and Rivers Improvement Act
MMAH - Ministry of Municipal Affairs and
Housing
MOE - Ontario Ministry of the Environment
MNR - Ontario Ministry of Natural Resources
52
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APPENDIX
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
APPENDIX C – REFERENCE
GUIDELINES, BEST MANAGEMENT
PRACTICES AND RESOURCES
nn Canada Ontario Agreement on
Environmental Assessment Cooperation.
2004.
nn Declaration Order Regarding
MNR’s Class EA Approval for Forest
Management on Crown Lands in
Ontario. 2003.
nn Fisheries and Oceans Canada. 2007.
Reference Guide for Fish and Mussel
Species at Risk Distribution Maps:
A Referral Review Tool for Projects
Affecting Aquatic Species at Risk.
nn Fisheries and Oceans Canada. 1986.
Policy for the Management of Fish
Habitat.
nn Ministry of Natural Resources. 2007a.
Draft Guideline to Assist MNR Staff in
the Review of Wind Power Proposals
In or Near Water (Including Water
Crossings): Potential Impacts to
Fisheries, Toronto, Ontario. 9p.
nn Ministry of Natural Resources. 2007b.
Draft. Wind and Water Power Projects
in Ontario: The Ministry of Natural
Resources’ Guide to Coordinated
Approval Processes.
nn Ministry of Natural Resources. 2005.
Protocol for the Review of Water
Crossings Proposed Through the Forest
Management Planning Process, Toronto,
Ontario. 34 p.
Forest Management Planning Manual for
Ontario’s Crown Forests.
A Class Environmental Assessment for
MNR Resource Stewardship and Facility
Development Projects, Toronto, Ontario.
80p.
Water Management Planning Guidelines
for Waterpower, Toronto, Ontario. 71p.
Forest Operations and Silviculture
Manual. First Edition 1995. Amended
April 1, 2000.
Natural Heritage Reference Manual,
Toronto, Ontario. 135p.
53
Forest Management Planning Manual.
Code of Practice for Timber Management
Operations in Riparian Areas.
Environmental Guidelines for Access
Road and Water Crossings.
Timber Management Guidelines for the
Protection of Fish Habitat.
Guidelines and Criteria for Approvals
Under the Lakes and Rivers Improvement
Act, Toronto, Ontario. 63p.
nn Ministry of Transportation. 2006.
Environmental Guide for Fish and Fish
Habitat.
nn MTO / DFO / MNR Protocol for
Protecting Fish and Fish Habitat on
Provincial Transportation Undertakings.
2006.
nn User Field Guide to the MTO /
DFO/ MNR Protocol for Protecting
Fish and Fish Habitat on Provincial
Transportation Undertakings. 2006.
nn Practitioners Guide to the Risk
Management Framework for DFO
Habitat Management Staff, Fisheries and
Oceans Canada, Habitat Management
Program
nn Practitioners Guide for Writing Letters
Used in Fisheries Act reviews for DFO
Habitat Management Staff, Fisheries and
Oceans Canada, Habitat Management
Program
nn Practitioners Guide to Habitat
Compensation for DFO Habitat
Management Staff, Fisheries and Oceans
Canada, Habitat Management Program
nn Practitioners Guide to Writing
a Subsection 35(2) Fisheries Act
Authorization for DFO Habitat
Management Staff, Fisheries and Oceans
Canada, Habitat Management Program
nn Practitioners Guide to Letters of Credit
for DFO Habitat Management Staff,
Fisheries and Oceans Canada, Habitat
Management Program
DRAFT
APPENDIX
APPENDIX D – MNR PROCESS
FOR PROVIDING INPUT TO MOE
CONCERNING WEST NILE VIRUS
LARVICIDE TREATMENTS IN
SENSITIVE AREAS
data may be available via a shared folder,
at: \\mnrpbapc0888\WNv_Maps. These
maps show health unit boundaries, MNR
district boundaries, Crown land, provincial
arks, federal lands and evaluated wetlands.
These are intended as a starting point for
designated district or parks staff who will
be dealing with health units. Districts may
want to add other or better coverage as
required (e.g., SAR, unevaluated wetlands,
local coverage of wetlands).
Public health units may order the use of
larvicides in Sensitive areas, to control mosquito
populations and the spread of West Nile Virus
(WNV). Decisions to implement WNV control
measures are based on local risk assessments,
which include consideration of the results of
mosquito larvae surveillance and proximity
of areas of standing water to inhabited areas.
MOE is responsible for regulating and licensing
the use of pesticides, including the larvicides used
to control mosquito populations. The bacterial
larvicides Bacillus thuringiensis israelensis (Bti)
and Bacillus sphaericus are the only mosquito
treatment permitted in Sensitive areas. It targets
the larvae of mosquitoes and other dipterans.
An inter-agency review committee has been
established, in response to the potential negative
impacts of such treatments on rare and sensitive
species that may be present in these habitats. The
committee consists of representatives from MNR,
MOE, EC and DFO.
2. MNR District staff accesses the Natural
Heritage Information Centre's (NHIC)
Natural Areas Database to determine if
any endangered, threatened or otherwise
"sensitive" species are known to be present
in the Sensitive area. Two species lists
have been developed: one by MNR's SAR
Section; and the other by NHIC. These lists
will be updated on a regular basis as the
evaluation and listing / regulation of SAR
at both provincial and national / federal
levels is an ongoing process. MNR District
staff should contact the SAR Section of
Ontario Parks and NHIC to ensure that
the District Office has the most current
versions of the lists.
The committee provides a forum for
discussion of potential impacts of WNV
larvicide treatments on SAR. The objective
of the committee is to provide the MOE with
recommendations regarding which areas are to be
treated, and how, in a manner that will minimize
impacts on SAR.
3. MNR District staff forwards this
information, in confidence, to the
inter-agency committee and arranges a
meeting or conference call to review the
information. If a species of concern is
found within the Sensitive area, Ontario
Parks' SAR Section, and the NHIC can
provide advice on potential impacts /
referrals to other experts. A site visit may
help facilitate the review process.
Review Process
1. MOE advises appropriate MNR District
Office, upon receipt of an application to
apply Bti or B. sphaericus in a Sensitive
area. MOE is responsible for providing
MNR with information on the Sensitive
area to be treated (name and location), and
proposed Bti or B. sphaericus treatment
schedule. Note: In order to facilitate
information exchange and the decisionmaking process for WNV larviciding, MNR
Districts are encouraged to provide public
health units and MOE Regional Pesticide
Officers with their maps. Provincial digital
4. MOE, with input from MNR, provides a
written summary to all participants of the
decisions made.
54
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APPENDIX
APPENDIX E – Contact List (all Agencies)
Fisheries and Oceans Canada
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
Contact Address
Telephone/Fax
Burlington 304-3027 Harvester Road
Burlington, ON L7R 4K3
Tel.: 905-639-1835
Fax: 905-639-3549
[email protected]
Kenora P.O. Box #649
1100 3rd Avenue South
Kenora, ON P9N 3X6
Tel.: 807-468-6441
Fax: 807-468-6973
[email protected]
Parry Sound 28 Waubeek Street
Parry Sound, ON P2A 1B9
Tel.: 705-746-2196
Fax: 705-746-4820
[email protected]
Peterborough
501 Towerhill Road, Unit 102
Peterborough, ON K9H 7S3
Tel.: 705-750-0269
Fax: 705-750-4016
[email protected]
Prescott 401 King Street West Prescott, ON K0E 1T0
Tel.: 613-925-2865
Fax: 613-925-2245
[email protected]
London 73 Meg Drive
London, ON N6E 2V2
Tel.: 519-668-2722
Fax: 519-668-3897
[email protected]
Sault Ste. Marie 1219 Queen Street East
Sault Ste. Marie, ON P6A 2E5
Tel.: 705-941-2039
Fax: 705-941-2013
[email protected]
Sudbury 1500 Paris Street, Unit 11
Sudbury, ON P3E 3B8
Tel.: 705-522-2816
Fax: 705-522-6421
[email protected]
Thunder Bay 425-100 Main Street
Thunder Bay, ON P7B 6R9
Tel.: 807-346-8118
Fax: 807-346-8545
[email protected]
Contact Telephone/Fax
Address
Canadian Coast Guard Rescue,
Safety & Environmental Response
55
DRAFT
Tel.: 1-800-265-0237
Fax: 519-383-1991
24h/ 7 days a week
APPENDIX
Environment Canada
Contact Director, Environmental Enforcement Division,
Ontario Region Manager, Inspection Section, Environmental Enforcement Division,
Ontario Region
Address
Telephone/Fax
Environment Canada 845 Harrington Court Burlington, ON L7N 3P3
Tel: 905-333-3165
Fax: 905-333-3952
Environment Canada
845 Harrington Court Burlington, ON L7N 3P3
Tel: 905-333-3165
Fax: 905-333-3952
Manager, Investigation Section, Environment Canada Environmental Enforcement 4905 Dufferin Street
Division,
Toronto, ON M3H 5T4
Ontario Region
Tel: 416-739-5901
Fax: 416-739-4903
Manager, Environmental Emergencies Section
Environmental Protection Operations Division,
Ontario Region
Environment Canada 4905 Dufferin Street
Toronto, ON M3H 5T4
Tel: 416-739-5908
Fax: 416-739-4953
24 hr Spills: 416-518-3221
Address
Telephone/Fax
Parks Canada
Contact Bruce Peninsula National Park/ 20 Centennial Drive
Fathom Five National Marine Park PO Box 189
Chief of Resource Conservation Tobermory, ON N0H 2R0
Tel.: 519-596-2233
Fax: 519-596-2062
Georgian Bay Islands Box 9
National Park, Midland, ON L4R 4K6
Chief of Resource Conservation
Tel.: 705-526-9804
Fax: 705-526-5939
Point Pelee National Park
407 Monarch Lane, RR 1
Leamington, ON N8H 3V4
Tel.: 519-322-2365
Fax: 519-322-1277
Pukaskwa National Park
Hwy. 627, Hattie Cove
PO Box 39 Heron Bay, ON P0T 1R0
Tel.: 807-229-0801
Fax: 807-229-2097
St. Lawrence Islands 2 County Road 5, RR 3
National Park
Mallorytown, ON K0E 1R0
56
DRAFT
Tel.: 613-923-5261
Fax: 613-923-1021
4.0
4.0
APPENDIX
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
Parks Canada - Continued
Contact Address
Telephone/Fax
Rideau Canal Compliance Co-ordinator
34A Beckwith Street South
Smiths Falls, ON K7A 2A8
Tel.: 613-283-5170
Fax: 613-283-0677
Trent Severn Waterway
Realty Manager
PO Box 567 Ashburnham Drive Peterborough, ON K9J 6Z6
Tel.: 705-750-4900
Fax: 705-742-9644
Ministry of Natural Resources
Contact Address
Telephone/Fax
Northwest Region District Contact
Dryden
479 Government Street (Hwy 17) Tel.: 807-223-3341
Dryden, ON P8N 2Z4
Fax: 807-223-2824
Fort Frances
922 Scott Street
Fort Frances, ON P9A 1J4
Tel.: 807-274-5337
Fax: 807-274-5553
Kenora
808 Roberton Street
Kenora, ON P9N 3X9
Tel.: 807-468-2501
Fax: 807-468-2736
Nipigon
5 Wadsworth Avenue
Nipigon, ON P0T 2J0
Tel.: 807-887-5000
Fax: 807-887-2993
Red Lake
227 Howey Street, Box 5003
Red Lake, ON P0V 2M0
Tel.: 807-727-2253
Fax: 807-727-2861
Sioux Lookout
49 Prince Street
Sioux Lookout, ON P8T 1A6
Tel.: 807-737-1140
Fax: 807-737-3581
Thunder Bay
435 James Street South
Thunder Bay, ON P7E 6S8
Tel.: 807-475-1471
Fax: 807-475-1527
Chapleau
190 Cherry Street
Chapleau, ON P0M 1K0
Tel.: 705-864-1710
Fax: 705-864-0681
Cochrane
2 Third Avenue
Cochrane, ON P0L 1C0 Tel.: 705-272-4365
Fax: 705-272-7183
Hearst
631 Front Street
Hearst, ON P0L 1N0
Tel.: 705-362-4346
Fax: 705-372-2245
Kirkland Lake
10 Government Road East
Kirkland Lake, ON P2N 3K4
Tel.: 705-568-3222
Fax: 705-568-3200
Northeast Region District Contact
57
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APPENDIX
Ministry of Natural Resources - Continued
Contact Address
Telephone/Fax
North Bay
3301 Trout Lake Road
North Bay, ON P1A 4L7
Tel.: 705-475-5550
Fax: 705-475-5500
Sault Ste. Marie
64 Church Street
Sault Ste. Marie, ON P6A 3H3
Tel.: 705-949-1231
Fax: 705-949-6450
Sudbury
3767 Hwy 69 South
Sudbury, ON P3G 1E7
Tel.: 705-564-7823
Fax: 705-564-7879
Timmins
Wawa
Hwy 101 East, P. Bag 3090
South Porcupine, ON P0N 1H0
Tel.: 705-235-1300
Fax: 705-235-1377
Box 1160, Hwy 101
Wawa, ON P0S 1K0
Tel.: 705-856-2396
Fax: 705-856-7511
Aurora
50 Bloomington Road West
Aurora, ON L4G 3G8
Tel.: 905-713-7400
Fax: 905-713-7359
Aylmer
353 Talbot Street West
Aylmer, ON N5H 2S8
Tel.: 519-773-9241
Fax: 519-773-9014
Bancroft
Guelph
Box 500, 106 Monck St.
Bancroft, ON K0L 1C0
1 Stone Road West
Guelph, ON N1G 4Y2
Tel.: 613-332-3940
Fax: 613-332-0608
Kemptville
Box 2002, 10 Compus Dr.
Kemptville, ON K0G 1J0
Tel.: 613-258-8204
Fax: 613-258-3920
Midhurst
Parry Sound
2284 Nursery Road
Midhurst, ON L0L 1X0 Tel.: 705-725-7500
Fax: 705-725-7584
7 Bay Street
Parry Sound, ON P2A 1S4
Tel.: 705-773-4201
Fax: 705-746-8828
Pembroke
31 Riverside Drive
Pembroke, ON K8A 8R6
Tel.: 613-732-3661
Fax: 613-732-2972
Southern Region District Contact
58
DRAFT
Tel.: 519-826-4955
Fax: 519-826-4929
4.0
4.0
APPENDIX
Ministry of Natural Resources - Continued
Contact Address
Telephone/Fax
Peterborough
300 Water Street
Peterborough, ON K9J 8M5
Tel.: 705-755-2001
Fax: 705-755-3125
Erie
659 Exeter Road
London, ON N6E 1L3
Tel.: 519-873-4610
Fax: 519-873-4645
Huron/Superior
Ontario
Upper Lakes Unit, MNR
1450 7th Avenue East
Owen Sound, ON N4K 2Z1
41 Hatchery Lane, RR #4
Picton, ON K0K 2T0
Tel.: 519-371-0420
Fax: 519-371-5844
Tel.: 613-476-2400
Fax: 613-476-7131
Ministry of the Environment
Contact Address
Telephone/Fax
Spills Action Centre
Central Region Area Contact
5775 Yonge Street
North York, ON
Tel.: 416-325-3000
Halton Peel
4145 North Service Road Suite 300
Burlington, ON L7L 6A3
Tel.: 905-319-3847
Fax: 905-319-9902
Toronto
5775 Yonge Street 9th Floor
Toronto, ON M2M 4J1
Tel.: 416-326-6700
Fax: 416-325-6345
York Durham
230 Westney Road South
5th Floor
Ajax, ON L1S 7J5
Tel.: 905-427-5600
Fax: 905-427-5602
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
Great Lakes Management Unit Contact
59
DRAFT
APPENDIX
Ministry of the Environment - Continued
Contact Address
Telephone/Fax
Barrie
54 Cedar Point Drive
Barrie, ON L4N 5R7
Tel.: 705-739-6441
Fax: 705-739-6440
London
733 Exeter Road
London, ON N6E 1L3
Tel.: 519-873-5000
Fax: 519-873-5020
Owen Sound
1580-20th Street East
Owen Sound, ON N4K 6H6
Tel.: 519-371-2901
Fax: 519-371-2905
Sarnia
1094 London Road
Sarnia, ON N7S 1P1
Tel.: 519-336-4030
Fax: 519-336-4280
Windsor
4510 Rhodes Drive
Unit 620
Windsor, ON N8W 5K5
Bldg Tel.: 519-948-1464
Fax: 519-948-2396
Guelph
1 Stone Road West, 4th Floor
Guelph, ON N1G 4Y2
Tel.: 519-826-4255
Fax: 519-826-4286
Hamilton
119 King Street West, 9th Floor
Hamilton, ON L8P 4Y7
Tel.: 905-521-7650
Fax: 905-521-7806
St. Catharines
301 St. Paul Street, 9th Floor
St. Catharines, ON L2R 3M8
Tel.: 905-704-3900
Fax: 905-704-4015
Kenora
808 Robertson Street
PO Box 5150
Kenora, ON P9N 1X9
Tel.: 807-462-2718
Fax: 807-468-2735
North Bay
191 Booth Rd. Unit 16
North Bay, ON P1A 4K3
Tel.: 705-497-6865
Fax: 705-497-6866
Sault Ste. Marie
289 Bay Street, 3rd Floor
Sault Ste. Marie, ON P6A 1W7
Tel.: 705-942-6354
Fax: 705-942-6327
Sudbury
199 Larch Street
Sudbury, ON P3E 5P9
Tel.: 705-564-3237
Fax: 705-564-4180
Southwestern Region Area Contact
West Central Region Area Contact
Northern Region
Area Contact
60
DRAFT
4.0
4.0
APPENDIX
Contact Address
Telephone/Fax
Thunder Bay
435 James Street South
3rd Floor
Thunder Bay, ON P7E 6S7
Tel.: 807-475-1315
Fax: 807-473-3160
Timmins
PO Box 3080, Hwy 101 East
South Porcupine, ON P0N 1H0
Tel.: 705-235-1500
Fax: 705-235-1520
345 College Street East
Belleville, ON K8N 5S7
Tel.: 613-962-9208
Fax: 613-962-6809
Eastern Region Area Contact
Belleville
Cornwall
113 Amelia Street, 1st Floor
Cornwall, ON K6H 3P1
Kingston
1259 Gardiners Road
Kingston, ON K7M 8S5
Tel.: 613-933-7402
Fax: 613-933-6402
Ottawa
2430 Don Reid Dr.
Ottawa, ON K1H 1E1
Tel.: 613-521-3450
Fax: 613-521-5437
Peterborough
300 Water Street, South Tower
Peterborough, ON K9J 8M5
Tel.: 705-755-4300
Fax: 705-755-4336
Tel.: 613-549-4000
Fax: 613-548-6908
Ministry of Agriculture, Food and Rural Affairs
Contact Address
Telephone/Fax
Field Manager,
581 Huron Street
South West Region
Stratford, ON N5A 5T8
Nutrient Management
Tel.: 519-271-7593
Fax: 519-273-5278
General Inquiries:
Tel.: 519-826-6572
Field Manager,
P.O. Box 2004
Eastern, Central Kemptville, Ontario
and Northern Region
Tel.: 613-258-8304
Fax.: 613-258-8392
General Enquiries:
Tel.: 519-826-6572
Drainage Coordinator
1 Stone Road West
Agriculture Land Use
Guelph, ON N1G 4Y2
Tel.: 519-826-3552
Fax: 519-826-3259
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
Ministry of the Environment - Continued
61
DRAFT
APPENDIX
Conservation Authorities
Contact Address
Telephone/Fax
Ausable Bayfield
71108 Morrison Line, RR 3
Exeter, ON N0M 1S5
Tel.: 519-235-2610
1-888-268-2610
Fax: 519-235-1963
Cataraqui Region
Box 160, 1641 Perth Road Glenburnie, ON K0H 1S0
Tel.: 613-546-4228
Fax: 613-547-6474
Catfish Creek
RR 5, Aylmer
ON N5H 2R4
Tel.: 519-773-9037
Fax: 519-765-1489
Central Lake Ontario
100 Whiting Avenue
Oshawa, ON L1H 3T3
Tel.: 905-579-0411
Fax: 905-579-0994
Conservation Halton
2596 Britannia Road West
RR 2, Milton, ON L9T 2X6
Tel.: 905-336-1158
Fax: 905-336-7014
Credit Valley
1255 Old Derry Road
Mississauga, ON L5N 6R4
Tel.: 905-670-1615
1-800-668-5557
Fax: 905-670-2210
Crowe Valley
70 Hughes Lane, Box 416
Marmora, ON K0K 2M0
Tel.: 613-472-3137
Fax: 613-472-5516
Essex Region
360 Fairview Avenue West
Essex, ON N8M 1Y6
Tel.: 519-776-5209
Fax: 519-776-8688
Ganaraska Region
PO Box 328 Port Hope, ON L1A 3W4
Tel.: 905-885-8173
Fax: 905-885-9824
Grand River
400 Clyde Road, Box 729
Cambridge, ON N1R 5W6
Tel.: 519-621-2761
Fax: 519-621-4844
Grey Sauble
RR 4, Owen Sound
ON N4K 5N6
Tel.: 519-376-3076
Fax: 519-371-0437
Hamilton Region PO Box 7099
838 Mineral Springs Road
Ancaster, ON L9G 3L3
Kawartha Region
277 Kenrei Park Road, RR 1
Lindsay, ON K9V 4R1
Tel.: 905-525-2181 Ext. 132
Fax: 905-648-4622
Kettle Creek
Tel.: 519-631-1270
Fax: 519-631-5026
44015 Ferguson Line, RR 8 St. Thomas, ON N5P 3T3
62
DRAFT
Tel.: 705-328-2271
Fax: 705-328-2286
4.0
4.0
APPENDIX
F I S H
H A B I T A T
R E F E R R A L
P R O T O C O L
Conservation Authorities - Continued
Contact Address
Telephone/Fax
Lakehead Region
Box 10427
130 Conservation Road
Thunder Bay, ON P7B 5J9
Tel.: 807-344-5857
Fax: 807-345-9156
Lake Simcoe Region
Box 282, 120 Bayview Parkway
Newmarket, ON L3Y 4X1
Tel.: 905-895-1281
Fax: 905-853-5881
Long Point Region
RR 3, Simcoe
ON N3Y 4K2
Tel.: 519-428-4623
Fax: 519-428-1520
Lower Thames Valley
100 Thames Street
Chatham, ON N7L 2Y8
Tel.: 519-354-7310
Fax: 519-352-3435
Lower Trent Region
441 Front Street
Trenton, ON K8V 6C1
Tel.: 613-394-4829
Fax: 613-394-5226
Maitland Valley
Mattagami Region
Box 127, 93 Marietta Street
Wroxeter, ON N0G 2X0
Tel.: 519-335-3557
Fax: 519-335-3516
100 Lakeshore Road
Timmins, ON P4N 8R5
Tel.: 705-360-1382
Fax: 705-360-1334
Mississippi Valley
Box 268, Lanark
ON K0G 1K0
Tel.: 613-259-2421
Fax: 613-259-3468
Niagara Peninsula
250 Thorold Road West
3rd Floor
Welland, ON L3C 3W2
Tel.: 905-788-3135
Fax: 905-788-1121
Nickel District
Tom Davies Square
200 Brady Street
Sudbury, ON P3E 5K3
Tel.: 705-674-5249
Fax: 705-674-7939
North Bay-Mattawa
15 Janey Ave
North Bay, ON P1C 1N1
Tel.: 705-474-5420
Fax: 705-474-9793
Nottawasaga Valley
8195 8th Line
Utopia, ON L0M 1T0
Tel.: 705-424-1479
Fax: 705-424-2115
Otonabee Conservation
250 Milroy Drive
Peterborough, ON K9H 7M9
Tel.: 705-745-5791
Fax: 705-745-7488
Quinte Conservation
RR 2, 2061, Old Hwy 2
Belleville, ON K8N 4Z2
Tel.: 613-968-3434
Fax: 613-968-8240
63
DRAFT
APPENDIX
Conservation Authorities - Continued
Contact Address
Telephone/Fax
Raisin Region
PO Box 429
18045 County Road 2
Cornwall, ON K6H 5T2
Tel.: 613-938-3611
Fax: 613-938-3221
Rideau Valley
Box 599, 1128 Mill Street
Manotick, ON K4M 1A5
Tel.: 613-692-3571
Fax: 613-692-0831
Saugeen Valley
RR 1, Hanover
ON N4N 3B8
Tel.: 519-364-1255
Fax: 519-364-6990
Sault Ste. Marie
1100 Fifth Line East, RR 2
Sault Ste. Marie, ON P6A 5K7
Tel.: 705-946-8530
Fax: 705-946-8533
South Nation
Box 69, 15 Union Street
Berwick, ON K0C 1G0
Tel.: 613-984-2948
Fax: 613-984-2872
St. Clair Region
205 Mill Pond Crescent
Strathroy, ON N7G 3P9
Tel.: 519-245-3710
Fax: 519-245-3348
Toronto and Region
5 Shoreham Drive
Downsview, ON M3N 1S4
Tel.: 416-661-6600
Fax: 416-661-6898
Upper Thames River
1424 Clarke Road
London, ON N5V 5B9
Tel.: 519-451-2800
Fax: 519-451-1188
Conservation Ontario Office
Box 11, 120 Bayview Parkway
Newmarket, ON L3Y 4W3
Tel.: 905-895-0716
Fax: 905-895-0751
Navigable Waters
Protection Program
100 S Front Street Sarnia, ON N7T 2M4
Tel.: 866-821-6631
64
DRAFT
4.0
Please be aware that the actual size of this map in its final format is 20" X 16". The final format for this document will include a
sleeve with this full size map as an insert. This attached map in this format is for review and approvals only.

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