Changes / Updates to DFO Regulations

September 16, 2014

Changes / Updates to DFO Regulations

Agenda and Purpose

• Understand the role of DFO and differentiate from other approval agencies

• Recognize our responsibilities in design / permitting process

• Outline past and present DFO approval processes

• Zone 1 Watermain – Case Study

• The RVA Competitive Advantage

Fisheries and Oceans Canada

DFO is guided by five key pieces of legislation

1. the Oceans Act;

2. the Fisheries Act;

3. the Species at Risk Act;

4. the Coastal Fisheries Protection Act; and

5. the Canada Shipping Act, 2001.

Fisheries and Oceans Canada

With prescribed exceptions...

35. (1) No person shall carry on any work, undertaking

or activity that results in serious harm to fish that are

part of a commercial, recreational or Aboriginal fishery,

or to fish that support such a fishery.

- Fisheries Act, Amended Nov. 25, 2013

Fisheries and Oceans Canada

When conducting a project near water, it is the

responsibility of the PROPONENT to avoid

causing serious harm to fish in compliance with

the Fisheries Act

Former DFO Approval Process

• Level II Fish Habitat Agreement

Conservation

Authorities

recommended

DFO reviews

for projects that

could impact

fish habitat

Changes to DFO Regulations

• Focus on significant

threats to fish habitat

• Promoting streamlining and regulatory efficiency

• November 25, 2013

Latest update to

Fisheries Act

Changes to DFO Regulations

• Applicant’s guide:

http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-

revues/application-eng.html#ch32

Changes to DFO Regulations

• Timelines for DFO staff response

Is my application complete? Do I need DFO

authorization?

_______________

After above confirmation, how long until approval /

refusal?

_______________

60 Days

90 Days

Changes to DFO Regulations

So how exactly is this

approval process

“streamlined”?

Changes to DFO Regulations

• Proponent undertakes self-assessment

• Criteria:

Types of waterbodies

Project activities and criteria

Water Bodies Exempt from Review

• Any water body that never

contains fish

• Artificial water bodies not

connected to a water body

containing fish at any time,

such as:

Commercial ponds

SWM ponds

Drainage ditches

Examples of Projects Exempt from Review

• Bridges Maintenance and removal activities

Repairs:• No increase in footprint below the High Water Mark (HWM)

• No new fill placed below the HWM

Construction of temporary and clear-span bridges:• No earth fill below the HWM

• No obstruction to fish passage during timing windows

“High Water Mark” – Refers to the bank-full level (often the 1:2 year flood flow return level)

Examples of Projects Exempt from Review

• Culverts Maintenance activities

• Where flooding, extreme downstream flows, increased sediment, and fish stranding can be mitigated prevented

Repairs• No increase in footprint below the HWM

• No new fill placed below the HWM

Replacement • No channel realignment / narrowing or fill added below HWM

• Provides for fish passage (no obstruction in timing windows)

• Work can be done in isolation of flowing water

Removal

• Work can be done in isolation of flowing water

Examples of Projects Exempt from Review

• Stormwater and Wastewater Management

New Stormwater Management Facilities• No work below the HWM of a nearby waterbody

Outfalls (Construction / Repair / Removal)• No increase in previous footprint below HWM

• No new fill below HWM

Drainage Channels (Construction / Cleanout)• Cleanout has occurred in past 10

years

• Work under dry or frozen conditions

Examples of Projects Exempt from Review

Complete list can be found here:

http://www.dfo-mpo.gc.ca/pnw-ppe/index-eng.html

Upper Middle Road

Mainway

CN Rail

17

Tunnel Shaft

BRONTE CK

Kitchen Reservoir

Burloak WPP

Future Zone 2 BPS LEG 11800 mm diameter

watermain

• Burloak WPP to

Zone 2 Booster

Pumping Station

• Segment tunnel

BRONTE CK TRIB.

FOURTEEN MILE CK

FOURTEEN MILE CK

Case Study:

Zone 1 WM

Fisheries Interaction:

1. Creek crossings

2. Dewatering

3. Commissioning

Self-assessment:

1. Trenchless not

covered

2. Dewatering

generally covered

3. Commissioning

not covered

LGL Limited obtained site specific advice and prepared recommendations

The RVA Competitive Advantage

• Methods to optimize schedule

Experience

Relationships

Navigating the approval process

• Emphasize changes to DFO legislation

Threats

Opportunities

Conclusions

3) Self-assessment process has potential to streamline approvals

2) Start early when DFO reviews are warranted or where there is uncertainty

4) Rely on the environmental professionals

1) It is the proponent’s responsibility to comply with the latest version of the Fisheries Act