Updates to the Applications for Authorization under paragraph 35(2)(b) of the Fisheries Act Regulation

Enabling act(s): Fisheries Act

Description of the objective

To support the implementation of the proposed amendments to the  Fisheries Act  (Bill C-68) and to reflect lessons learned from implementation of the current Regulations, proposed new Regulations would replace the current Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations. The proposed amendments fall into 6 categories:

  • Reflecting new and proposed provisions that would be part of the Fisheries Act, including:
    • 34.4(1) causing death to fish, by means other than fishing; and
    • 35(1) causing harmful alteration, disruption, and destruction of fish habitat (HADD)
  • Amending, suspending or cancelling authorizations
  • Using certified habitat credits in the place of, or in addition to offsetting plan
  • Expanding acceptable forms of financial security
  • Requiring geographic coordinates of the proposed offsetting measures
  • Notifying Indigenous communities

Indication of business impacts

There may be business impacts. The “One-for-One” Rule may apply. The Small Business Lens does not apply.

Regulatory cooperation efforts (domestic and international)

In general, Fisheries and Oceans Canada has arrangements with federal agencies and provincial governments who conduct an initial review of projects, under their respective jurisdictions, to determine if they require advice or DFO review under the fisheries protection provisions of the Fisheries Act.

Public consultation opportunities

A consultation paper was issued in July 2018 for comment by September 21, 2018.  Once draft regulations have been developed, they will be subject to consultations and published following Royal Assen of Bill C-68.

Further information

Departmental contact

Jane Keenan
Director, Ecosystems management Policies & Practices
Telephone: 613-990-2574
Email:  jane.keenan@dfo-mpo.gc.ca.

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2018

Date modified: