Fisheries Act implementation accomplishment highlights

The Fisheries Act was amended in 2019 to restore lost protections and add modern safeguards. These amendments were accompanied by significant investments to protect fish and fish habitat while advancing reconciliation with Indigenous Peoples and supporting sustainable development. The following is a list of key accomplishments from 2019 to 2024.

Project reviews and enforcement

Reviewing more project proposals

• More than 4,800 project proposals were reviewed in 2022 to 2023 (compared to 3,404 reviews in 2018 to 2019 when only certain types of fish and fish habitat were protected under the Fisheries Act)

Administering the Fish and Fish Habitat Protection Program [footnote 1] 

Efficient project reviews within prescribed timelines

• 92% of applications reviewed within the 60-day service standard for completeness and adequacy for Fisheries Act authorizations in 2023 to 2024.
• 100% compliance with the 90-day service standard to make regulatory decisions in 2023 to 2024.

Increased enforcement

• More than 37,700 hours in 2022 to 2023 of compliance and enforcement activities by fishery officers were undertaken for protecting fish and fish habitat (compared to fewer than 12,000 hours in 2014 to 2015)
  • 40 warnings
  • 19 inspector directions
  • 5 charges under the Fisheries Act 

Dedicated hours to verify compliance and enforce fish and fish habitat protection provisions [footnote 1]

Regulatory and policy tools

Regulatory changes

• Amendments to the Authorizations Concerning Fish and Fish Habitat Protection Regulations to align with the modernized Fisheries Act (August 2019)

New instruments 

Interim and final Standards and Codes of Practice provide conditions and measures to manage risks to fish and fish habitat:

• Code of practice: Beaver dam breaching and removal
• Code of practice: Clear span bridges
• Code of practice: Culvert maintenance
• Code of practice: Ice bridges and snow fills
• Code of practice: Routine maintenance dredging for navigation
• Code of practice: Temporary fords
• Interim code of practice: Bridge repair and maintenance
• Interim code of practice: End-of-pipe fish protection screens for small water intakes in freshwater
• Interim code of practice: Municipal and agricultural drain maintenance
• Interim code of practice: Repair and maintenance of in-water structures
• Interim code of practice: Repair, maintenance and construction of docks, moorings and boathouses
• Interim standard: In-water site isolation

New policy documents

A range of new policy documents have been published to support Fisheries Act implementation:

• Fish and Fish Habitat Protection Policy Statement (August 2019)
• Policy for Applying Measures to Offset Adverse Effects on Fish and Fish Habitat Under the Fisheries Act (December 2019)
• Interim Policy for Establishing Fish Habitat Banks to Support the Administration of the Fisheries Act and Species at Risk Act (February 2021)
• Position Statement - The Management of Death of Fish (other than fishing), under the Fisheries Act and the Species at Risk Act (May 2023)
• Position Statement - The Management of Existing Facilities and Structures under the Fisheries Act and the Species at Risk Act (May 2023)
• A draft Position Statement on the Consideration of Cumulative Effects in Support of Decision-Making on Fisheries Act Authorizations Concerning Fish and Fish Habitat Protection was engaged on in 2022. DFO is currently reviewing feedback received in order to publish a final version.

New guidance

Guidance documents to assist partners and stakeholders:

• Applicant’s Guide Supporting the Authorizations Concerning Fish and Fish Habitat Protection Regulations (published in 2019, last updated November 2021)
• Framework to Identify Fish Habitat Restoration Priorities (February 2023)
• Framework for Identifying, Establishing, and Managing Ecologically Significant Areas (April 2023)

Reconciliation with Indigenous Peoples

Launch of Indigenous Habitat Participation Program (IHPP)

• IHPP is a $12M annual grants and contributions program launched in 2019. 
• Provides funding to Indigenous communities to participate in fish and fish habitat conservation and protection activities, such as:
  • consultations on Crown conduct
  • engagement on regulatory, program and policy initiatives
  • building capacity within Indigenous communities
• Support through the IHPP helps strengthen the role of Indigenous Peoples in project reviews, monitoring and policy development.
• IHPP has been well received by Indigenous Peoples, with higher participation than expected.
• In 2024, IHPP application and reporting processes were streamlined to reduce burden for funding recipients and improve access to funding.

Evidence-based decision making

Science advice and tools

To support evidence-based regulatory decision making and policy development, since 2018 DFO has:

• Conducted over 100 freshwater research projects to support development of policies and decision-making tools.  
• Led over 22 peer-reviewed science advisory processes and published over 120 peer-reviewed publications on various topics, including cumulative effects, fish mortality, mitigation measures and more.
• Held 27 freshwater habitat-focused science seminars on subjects such as habitat restoration and fish productivity in changing landscapes. 
• Provided funding to 10 projects led by academic institutions, non-governmental organizations and Indigenous organizations on digital and field research projects that align with freshwater habitat needs across the regions.

The results of our science advisory processes are published and made publicly available. 

Fish habitat highlight reports

Each fish habitat highlight report examines one or more threats to fish and fish habitat in a specific geographic area of Canada. The reports are intended to ignite curiosity in fish and fish habitat and help foster a culture of stewardship. Six reports have been released from 2019 to 2024:

• Fish, floods and habitat connectivity in the Lower Fraser
• Assessing aquatic connectivity in Nova Scotia
• Managing aquatic invasive species in Nova Scotia watersheds
• Addressing the acidification of watersheds in Nova Scotia
• Reconnecting aquatic habitat to improve fish passage in Newfoundland and Labrador
• Restoring fish habitat in Newfoundland and Labrador, with a Placentia Bay case study

Further reports will be published in the coming years.

Transparency

Fisheries Act Registry

• The Fisheries Act Registry launched in March 2020 to provide improved public access to records relating to fish and fish habitat protection.
• Includes information on authorizations issued, amendments to authorizations, standards and codes of practice.

Tip sheets

Tip sheets have been published to share best practices for navigating our regulatory process in a timely manner:

• Project planning: Applying for a Fisheries Act authorization
• Project planning: Applying for a Fisheries Act authorization acting as a Species at Risk Act (SARA) permit or a stand-alone SARA permit

Risk Management Framework

DFO’s regulatory decision making related to fish and fish habitat protection has been informed by a risk management framework for over 20 years. A DFO Risk Management Framework overview document will be published in 2024 to:

• increase transparency and confirm the steps in this risk approach
• update the associated terminology
• set the foundation for future discussions about managing risks to fish and fish habitat

Engaging with Canadians

Improved communication

DFO communicates regularly with more than 2,000 contacts concerning program updates and other information through our national distribution list, the Projects Near Water website, and the Talk Fish Habitat engagement platform.

Extensive engagement

3 waves of engagement have taken place on a variety of regulatory, policy and program initiatives since 2020 to provide essential feedback and input on the implementation of the modernized Fisheries Act. FFHPP engages with:

• Indigenous Peoples
• Provinces and territories
• Industry associations
• Environmental non-governmental organizations
• Other interested parties

Fish and Fish Habitat Protection Program multi-wave engagement participation 

 

 

[footnote 1] 2022–23 Annual report to Parliament on the administration and enforcement of the fish and fish habitat protection and pollution prevention provisions of the Fisheries Act