Authorizations Concerning Fish and Fish Habitat Protection Regulations (SOR/2019-286)
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Regulations are current to 2024-11-26 and last amended on 2019-08-28. Previous Versions
SCHEDULE 1(Subsection 2(1) and paragraph 5(c))Information and Documents To Be Provided
Contact Information
1 The applicant’s and, if applicable, their representative’s name, address and telephone number.
Description of Proposed Work, Undertaking or Activity
2 A detailed description of the proposed work, undertaking or activity and, if applicable, a detailed description of the project of which the proposed work, undertaking or activity is a part, including
(a) the purpose of the proposed work, undertaking or activity and, if applicable, the project;
(b) the associated infrastructure;
(c) any permanent or temporary structure involved; and
(d) the construction methods, building materials, explosives, machinery and other equipment that will be used.
3 If physical works are proposed, the project engineering specifications, scale drawings and dimensional drawings.
Phases and Schedule
4 A description of the phases and the schedule of the proposed work, undertaking or activity and, if applicable, a description and schedule of the project of which the proposed work, undertaking or activity is a part.
Location
5 A description of the location of the proposed work, undertaking or activity and, if applicable, of the location of the project of which the proposed work, undertaking or activity is a part, including
(a) geographic coordinates;
(b) a small-scale site plan identifying the general location and boundaries;
(c) a large-scale site plan indicating the size and spatial relationship of the planned facilities, infrastructure and other components and of any existing structures, landmarks, water sources or water bodies and other geographic features; and
(d) the name of any watersheds, water sources and water bodies that are likely to be affected and the geographic coordinates of the water sources and water bodies.
6 The name of the community nearest to the location and the name of the county, district or region and the province in which the proposed work, undertaking or activity will be carried on.
Consultations
7 A description and the results of any consultations undertaken in relation to the proposed work, undertaking or activity, including with Indigenous communities or groups and the public.
Fish and Fish Habitat
8 A detailed description of the fish and fish habitat found at the location of the proposed work, undertaking or activity and within the area likely to be affected by the proposed work, undertaking or activity, including
(a) the type of water source or water body;
(b) the characteristics of the fish habitat and how those characteristics directly or indirectly support fish in carrying out their life processes;
(c) the fish species that are present and an estimate of the abundance of those species; and
(d) a description of how the information provided under paragraphs (a) to (c) was obtained, including the sources, methods and sampling techniques used.
Effects on Fish and Fish Habitat
9 (1) A detailed description of the likely effects of the proposed work, undertaking or activity on fish and fish habitat. The description must include
(a) the fish species that are likely to be affected and the life stages of the individuals of those species;
(b) the extent and type of fish habitat that is likely to be affected;
(c) the probability, magnitude, geographic extent and duration of the likely effects on fish and fish habitat; and
(d) a description of how the information provided under paragraphs (a) to (c) was derived, including the methodologies used.
(2) A detailed description of
(a) how the effects referred to in subsection (1) are likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat; and
(b) the extent of the elements referred to in paragraph (a).
Measures and Standards
10 A detailed description of the measures and standards that will be implemented, including an analysis of the expected effectiveness of those measures and standards, to
(a) avoid the death of fish or to mitigate the extent of their death; or
(b) avoid or mitigate the harmful alteration, disruption or destruction of fish habitat.
11 A detailed description of the monitoring measures that will be implemented to assess the effectiveness of the measures and standards referred to in section 10.
12 A detailed description of the contingency measures that will be implemented if the measures and standards referred to in section 10 do not meet their objectives.
13 A quantitative and detailed description of the death of fish referred to in subsection 9(2) after the measures and standards referred to in paragraph 10(a) are implemented.
14 A quantitative and detailed description of the harmful alteration, disruption or destruction of fish habitat referred to in subsection 9(2) after the measures and standards referred to in paragraph 10(b) are implemented.
Habitat Credit
15 The number of habitat credits that the applicant plans to use to offset the death of fish referred to in section 13 and the harmful alteration, disruption or destruction of fish habitat referred to in section 14, as well as the number of any certificate referred to in paragraph 42.02(1)(b) of the Act.
Offsetting Plan
16 A detailed description of a plan to offset the death of fish referred to in section 13 and the harmful alteration, disruption or destruction of fish habitat referred to in section 14 that were not offset by the habitat credits referred to in section 15, including
(a) the geographic coordinates of the location where offsetting measures will be implemented;
(b) a small-scale site plan identifying the general location and boundaries of the location where the measures will be implemented;
(c) a detailed description of the measures and how those measures will meet their objectives;
(d) a detailed description of the monitoring measures that will be implemented to assess the effectiveness of the measures referred to in paragraph (c);
(e) a detailed description of the contingency measures and associated monitoring measures that will be implemented if the measures referred to in paragraph (c) do not meet their objectives;
(f) a detailed description of any adverse effects on fish and fish habitat that could result from the implementation of the plan;
(g) a detailed description of the measures and standards that will be implemented to avoid or mitigate the adverse effects and how those measures will meet their objectives;
(h) the timeline for the implementation of the plan;
(i) an estimate of the cost of implementing each element of the plan; and
(j) if the implementation of the plan requires access to lands, water sources or water bodies that are not owned by the applicant, a description of the steps that are proposed to be taken to obtain the authorization required for the applicant, the Department of Fisheries and Oceans and anyone authorized to act on the Department’s behalf to access the lands, water sources or water bodies in question. This information is not required if the applicant is Her Majesty in right of Canada, Her Majesty in right of a province or the government of a territory.
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