Federal Fisheries Act
The federal Fisheries Act is intended to protect fish and fish habitat in Canadian waters.
Key Takeaways:
A Request for Review should be submitted to the DFO for any work near water. Upon review, the DFO will either allow the project to proceed or require a formal Fisheries Act authorization.
How Does the Fisheries Act Impact Development?
The Fisheries Act is wide reaching and governs many aspects of fish and fish habitat protection. With regards to development, section 34.4(1) and 35(1) prohibit the:
- carrying on of a work, undertaking or activity, other than fishing, that results in the death of a fish; or
- the carrying on of a work, undertaking or activity that results in the harmful alteration, disruption, or destruction of fish habitat
Development near water risks damaging fish or fish habitat. Potential review and authorization by the Department of Fisheries and Oceans (DFO) should be considered early in the planning process to ensure compliance.
When is a DFO Request for Review Required?
In general, a Request for Review must be submitted to the DFO for any work, undertaking, or activity near water. However, there are some exceptions, which are detailed below:
Non Regulated Waterbodies – A Request for Review is not required for work in or near a waterbody that does not contain fish and is not connected to any waterbodies that contain fish at any time during the year (such as roadside drainage ditches and irrigation ponds).
Codes of Practice – The DFO has written Codes of Practice for certain types of work near water. If your project follows a code of practice, including all mitigation measures, a Request for Review is not required. However, you are still required to submit a notification form to the DFO at least 10 working days before the start of work. Codes of practice have been written for:
- clear span bridges
- culvert maintenance
- bridge repair and maintenance
- the repair and maintenance of in-water structures
Measures to Protect Fish and Fish Habitat – If your project can follow the measures to protect fish and fish habitat, you do not need to request a project review from the DFO.
Additional considerations are required if aquatic species at risk are present near the worksite, if the works involve controlling aquatic invasive species, or if works are proposed within a marine protected area. Consult the FFHPP Regulatory Review Process Map or the DFO Request for Review Page for more information about when a Request for Review is required.
Submitting a Request for Review
A Request for Review should be submitted to the DFO regional office well in advance of proposed start dates. The DFO will review your submission to determine:
- if the project will impact an aquatic species at risk
- if the project might result in the death of fish or the harmful alteration, disruption, or destruction of fish habitat
- if the project needs authorization under the Fisheries Act
A complete Request for Review application will include:
- a detailed project description
- a detailed description of the existing aquatic environment
- potential effects of the proposed project, using the Pathways of Effects Diagrams as a guide
For more guidance on application requirements, consult the Request For Review page or contact Forte Urban Forestry.
Request for Review Outcomes
If the DFO deems that the project can proceed without the death of fish or harmful alteration of fish habitat, they will respond to the Request for Review with a letter of advice. This letter will detail standardized avoidance and mitigation measures which must be followed for the project to proceed.
If the DFO decides that your project is likely to cause the death of fish or harmful alteration of fish habitat, you will need to apply for a Fisheries Act authorization. If aquatic species at risk may also be impacted by the proposed work, the Fisheries Act authorization will also act as a Species at Risk Act (SARA) permit.
If aquatic species at risk may be impacted, but the project is not likely to cause the death of fish or harmful alteration of fish habitat, you will need to apply for a Species at Risk Act (SARA) permit instead of a Fisheries Act authorization.
Fisheries Act Authorization Applications
The Authorizations Concerning Fish and Fish Habitat Protection Regulations set requirements and procedures for the federal government to authorise actions that may cause the death of fish or the harmful alteration of fish habitat, as defined in Section 34.4(1) and 35(1) of the Fisheries Act.
An application for a Fisheries Act authorization will need to include:
- a detailed description of the proposed work, including phases, schedules, and locations
- a description of consultation with Indigenous communities and other relevant groups
- a detailed description of fish and fish habitat
- a description of the effect of the project on fish or fish habitat
- measures and standards to avoid the death of fish or alteration of fish habitat
- plans to offset the proposed death of fish or destruction of habitat, following the approach in the policy for applying measures to offset harmful impacts to fish and fish habitat
The DFO must notify the applicant if their application is complete and adequate within 60 days of submission. After the applicant is notified that the application is complete and adequate, there is a 90 day time limit for the DFO to decide if the work is authorized.
For more information on application requirements, consult the Applicant’s Guide Supporting the Authorizations Concerning Fish and Fish Habitat Protection Regulations. Contact Forte Urban Forestry for assistance completing DFO authorization applications.
Additional Regulatory Requirements
In British Columbia, any change in and about a stream requires provincial notification or approval through the Water Sustainability Act. Contact Forte Urban Forestry for help ensuring that your proposed works comply with all federal, provincial, and municipal watercourse protection.
Disclaimer: Environmental regulations change frequently. Our goal is to keep the content of this page up-to-date and accurate. If you notice inaccurate information, please contact us so we can make corrections.
Last Updated in June 2025
