project, the Secretariat, on behalf of the Joint Review ...

From Fowler Lisa [mailtoLisaFowlerdfo-mpogcca] Sent March 16 2012 335 PM To McGee Kelly Cc Larochelleescanner7cmcecgcca MylesDebra [CEAA] Bouchard Julie Subject Fisheries and Oceans Canada - information regarding arrangements with provincial and local authorities The protection of fish and fish habitat is a federal responsibility and is administered by the Department of Fisheries and Oceans There are many other agencies in Ontario that also have permitting responsibilities that provide protection for the aquatic environment To ensure that all agencies are aware of each others responsibilities and are working together to streamline the approvals process a protocol was developed to outline how the fish habitat referral review process works in Ontario Please see the attached document titled Fish Habitat Referral Protocol for Ontario for details of the working relationships For the Deep Geologic Repository project Fisheries and Oceans Canada is working with staff from the Saugeen Valley Conservation Authority and the Ministry of Natural Resources to share information about any fish and fish habitat concerns that may affect fisheries management objectives Because the project is being reviewed through a Joint Review Panel process at the federal level Conservation Authority staff will not be conducting an initial review of the project on our behalf as outlined in the Referral Protocol but will continue to be a resource for us Fisheries and Oceans Canada staff are taking the lead in the review If you have any questions please do not hesitate to contact me

Lisa Fowler Environmental Assessment Analyst Fisheries and Oceans Canada Tel (905) 639-4022 Fax (905) 639-3549 LisaFowlerdfo-mpogcca

From McGee Kelly [mailtoKellyMcGeecnsc-ccsngcca] Sent Tuesday March 06 2012 1150 AM To Klassen Kathleen Francis Kiza Fowler Lisa KathleenCavallaroNRCan-RNCangcca DobosRob [Burlington] LeonardelliSandro [Ontario] Kitty Ma Cc MylesDebra [CEAA] Bouchard Julie Subject Information regarding arrangements with provincial and local authorities Further to the February 21 2012 public orientation session for the Deep Geologic Repository project the Secretariat on behalf of the Joint Review Panel requires information regarding your department or agencyrsquos formal and informal arrangements with provincial ministries and agencies and local authorities (including municipalities county governments and conservation authorities) The Joint Review Panel requires an up-to-date and comprehensive list of the other provincial and local-level authorities with whom you expect to liaise during the course of your review for the

DGR project Where such arrangements are formal (such as the existence of a Memorandum of Understanding) please include a copy of the documentation for that formal arrangement in your reply Where no such documentation exists please note that the particular arrangement is ldquoinformalrdquo Your response to the Panel should also include instances where you have specifically invited a particular provincial or local-level authority to comment or participate in the technical review as well as instances where these authorities have expressed an interest or desire to comment Please submit this information to the Secretariat by Friday March 16 2012 If you have any questions or require any clarification please do not hesitate to contact me Kelly McGee Co-Manager DGR Joint Review Panel

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The Fish Habitat Referral Protocol was produced by the multi-agency Aquatic Resources Management Advisory Committee (ARMAC) more particularly its Regulatory Management Working Group The Protocol is intended for use

internally by agency staff and has been approved for release by the Canada-Ontario Fisheries Advisory Board (CONFAB) If there are any concerns omissions corrections or comments these can be referred to your agency contact represented on the ARMAC This document has been created for general information and may not include all regulations associated with

aquatic resources Statute law takes precedence and should be consulted

Cette publication est eacutegalement disponible en franccedilais

10 Introduction

20 Referral Process Roles and Responsibilities

21 Fisheries and Oceans Canada 211 Fisheries Act 3 212 Risk Management Framework 6 213 Operational Statements 9 214 Fisheries Act Review of Agricultural Drain Projects 9 215 Class Authorization Process for the Maintenance of Municipal Drains 10 216 Pipeline Projects 11 217 Canadian Environmental Assessment Act (CEAA) 12 218 Species at Risk Act (SARA) 13

22 Parks Canada Agency 221 National Canada Parks Act (NCPA) 15 222 Canada National Marine Conservation Areas Act 15 223 Historic Canals Regulations 16 224 DFOParks Canada Fish Habitat Agreement 16

23 Transport Canada 231 Navigable Waters Protection Act (NWPA) 17

24 Environment Canada (EC) 18

25 Ministry of Natural Resources 251 In-water Timing Window Guidelines 19 252 Lakes and Rivers Improvement Act (LRIA) 19 253 Public Lands Act (PLA) 20 254 Aggregate Resources Act (ARA) 21 255 Crown Forest Sustainability Act (CFSA) 21 256 Community Fisheries and Wildlife Involvement Projects (CFWIP) 23 257 Water Management Planning Guidelines for Waterpower 23 258 Aquaculture 24 259 Wind Power Projects 25 2510 Ontario Environmental Assessment Act (OEAA) 25 2511 Provincial Policy Statement (Fish Habitat Section) 27 2512 Endangered Species Act 28

26 Ministry of Transportation 261 MTO Projects 29

27 Ministry of the Environment 271 Permit to take water 30 272 How does MOE Evaluate Impacts on Habitat 31 273 What Other Information does MOE Consider 31 274 Aquatic Pesticide (Extermination) Applications 32 275 Aquatic Herbicides 32 276 Larvicides for Mosquito Control for West Nile Virus 33

28 Ontario Ministry of Agriculture Food and Rural Affairs 34

29 Conservation Authorities 291 DFO - CA Fish Habitat Agreements 36

30 Fish Habitat Referral Review Process Flowcharts

31 Risk Management Framework 39 32 Agricultural Drain Classification Process 40 33 Generalized Process for CEAA Screenings 41 34 SARA Referral Review Process 42 35 Parks Canada Agency Referral Process 43 36 Ministry of Natural Resources Referral Process 44 37 Crown Forest Sustainability Act Referral Process 45 38 MTO Referral Process 46 39 CADFO Referral Process 47

40 Appendix

Appendix A Glossary of Terms 48

Appendix B List of Acronyms 52 Appendix C Reference Guidelines Best Management Practices and Resources 53 Appendix D MNR Process for Providing Input to MOE Concerning West Nile Virus Larvicide Treatments in Sensitive Areas 54 Appendix E Contact List (All Agencies) 55

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Table of conTenTs

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10

1

inTroducTion

Fish need healthy places to live feed and reproduce The places that supply fish with their requirements for food shelter water reproduction growth and migration throughout their life cycle are called fish habitat (see Appendix A Glossary of Terms) For most fish species these activities usually occur in near shore areas of lakes reservoirs rivers streams marshes wetlands canals and drains

In Ontario many federal provincial and municipal agencies collaborate in the review of projects in and around water where fish habitat may be affected These agencies include

Fisheries and Oceans Canada (DFO) n

Parks Canada Agency (PCA) n

Transport Canada (TC) n

Environment Canada (EC) n

Ontario Ministry of Natural Resources n(MNR)

Ontario Ministry of Transportation n(MTO)

Ontario Ministry of the Environment n(MOE)

Ontario Ministry of Agriculture Food nand Rural Affairs (OMAFRA) and

Conservation Authorities (CAs) n

The purpose of this protocol is to outline the permitting and approval roles of agencies that have a regulatory responsibility for the review of proposed development projects in and around water where there may be impacts to fish or fish habitat The protocol summarizes the various roles and responsibilities of these agencies however it is not intended to address the details of permitting processes outside fish and fish habitat reviews The intent of this protocol is three-fold

To outline roles and responsibilities of 1 review agencies with a regulatory interest in projects in or near water

To summarize the related pieces of federal 2 and provincial legislation and associated permits and approvals relating to fish and fish habitat and

To provide referral process decision 3 matrices that guide staff through the fish habitat referral review process in Ontario

10

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2

inTroducTion

The protection of fish and fish habitat is a federal responsibility and is administered by DFO There are many other agencies in Ontario that also have permitting responsibilities that provide protection for the aquatic environment It is important that all agencies are aware of each others responsibilities to ensure that they are working together to streamline the approvals process and avoid duplication This protocol outlines how the fish habitat referral process works in Ontario with reference to the following pieces of legislation

FederalFisheries Act n

Navigable Waters Protection Act (NWPA) n

Species at Risk Act (SARA) n

Canadian Environmental Assessment Act n(CEAA)

National Energy Board Act (NEBA) n

Canada National Parks Act n

Canada National Marine Conservation Areas nAct and

Historic Canals Regulations n

ProvincialLakes and Rivers Improvement Act (LRIA) n

Public Lands Act (PLA) n

Crown Forest Sustainability Act (CFSA) n

Conservation Authorities Act n

Ontario Water Resources Act (OWRA) n

Ontario Environmental Assessment Act n

Pesticides Act n

Aggregate Resources Act n

Environmental Protection Act (EPA) n

Drainage Act n

Safe Drinking Water Act n and

Nutrient Management Act n

Associated with each of the partner agencyrsquos review permitting and approval roles are various compliance and enforcement roles to ensure protection of fish fish habitat and associated water quality Compliance plays a key role in the protection of fish habitat and associated water quality environments

A comprehensive description of the legislative roles and responsibilities of the various agencies having enforcement and compliance interests in the protection of fish habitat and associated water quality is available in the multi-agency Fish Habitat Compliance Protocol This document also includes a First-on-the-Scene brochure for non-compliance staff (ie not enforcement personnel) This brochure provides guidance on the collection of factual or time sensitive information at sites of potential occurrences

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3

referral Process roles and resPonsibiliTies

With particular attention to fish and fish habitat the following sections outline the permitting and approval roles of agencies that have a regulatory responsibility for reviewing projects proposed in or near water 21 Fisheries and Oceans Canada

The federal government through DFO has a constitutional responsibility for seacoast and inland fisheries Specific responsibilities for the management and protection of fish fish habitat and promotion of fish passage appear in Sections 20 to 22 30 32 35 and 37 of the Fisheries Act These sections as well as the ldquoPolicy for the Management of Fish Habitatrdquo (DFO 1986) (the Policy) provide the legislative and policy guidance for fish habitat management (Note The Ministry of Natural Resources manages the fisheries in Ontario - See Section 25)

Achievement of the no net loss principle of the Policy and enforcement of the Fisheries Act provisions are often undertaken in conjunction with other responsible resource management agencies Most referral reviews focus on Section 35 of the Fisheries Act which states that only the Minister of Fisheries and Oceans or a delegated authority within the department may authorize the harmful alteration disruption or destruction (HADD) of fish habitat as per subsection 35(2)

Furthermore DFO has the legislative responsibility for the protection and recovery of aquatic species at risk (SAR) under SARA as well as the responsibility to conduct environmental assessments (EAs) under CEAA when required

Further information can be found on DFOrsquos web site at wwwdfo-mpogcca

211 Fisheries ActThe federal Fisheries Act provides for the

protection of fish habitat which is defined as spawning grounds and nursery rearing food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes Under the Fisheries Act no one may carry out any work or undertaking that results in a HADD unless this HADD has been authorized by the Minister of Fisheries and Oceans Canada Where adverse effects to fish habitat cannot be avoided through project relocation redesign or mitigation habitat compensation may be required and a subsection 35(2) Fisheries Act authorization issued Where the HADD is not acceptable the authorization may be refused

An authorization under subsection 35(2) of the Fisheries Act protects an individual from prosecution under the Fisheries Act provided the conditions of the authorization are met Violations of subsection 35(2) can result in substantial fines the risk of imprisonment and a requirement to cover the costs of returning the project site to its original state or other court ordered remedies

An authorization under subsection 35(2) of the Fisheries Act is usually a regulatory trigger for an environmental assessment (EA) under CEAA CEAA requirements must be completed prior to making a decision on whether to issue a subsection 35(2) Fisheries Act authorization

DFO andor its partners review projects to evaluate the impact on fish and fish habitat A proponent is not obligated to submit a project for review however should the project result in a HADD the proponent would be liable under the Fisheries Act

When a project is referred to DFO andor its partners they review project information to determine if there is fish habitat affected by the project (Table 21)

In all cases permits or approvals may also be required by other regulatory agencies

20

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DFO Ontario - Great Lakes Area Fish Habitat Management Program has the mandate for administering the habitat provisions of the Fisheries Act in Ontario The Fisheries Act sets out some general habitat protection and pollution prevention provisions that are binding on all levels of government as well as to the public (Table 22)

DFOrsquos ldquoPolicy for the Management of Fish Habitatrdquo (DFO 1986) guides DFO in the day-to-day implementation of the Fisheries Act throughout Canada The objective of the Policy is a net gain of productive capacity (ie the ability of habitat to produce fish) of fisheries resources which is achieved through the goals of fish habitat conservation restoration and development (enhancement)

Additional information on the Fisheries Act and DFOs ldquoPolicy for the Management of Fish Habitatrdquo is available on DFOrsquos web site at wwwdfo-mpogccaoceans-habitat

Determination of Fish Habitat and or HADD

Action by DFO Partner

No fish habitat DFOPartner will advise that there are no habitat concerns with respect nto the Fisheries Act

Fish habitat present but HADD

can be avoided Operational

Statement applies

DFO has issued Operational Statements for low risk fish habitat projects nthat provide guidance on how to carry out a work or undertaking in order to avoid negative effects to fish habitat and therefore meet the requirements of the Fisheries Act

By following the conditions and measures in an Operational Statement nthe proponent will be in compliance with subsection 35(1) of the Fisheries Act and may proceed with your project without DFO review

Fish habitat present but HADD unlikely

Operational Statement

does not apply

DFOPartner issue letter of advice (a letter that is sent to the proponent nstates that the project is unlikely to cause a HADD recommended mitigation measures are listed in the letter)

DFOPartner may be able to advise of ways to avoid the HADD by either nchanging location or design or other mitigation measures

Fish habitat present with a HADD that is likely

DFOPartner may determine that there is likely a HADD and that it is nimpractical to change the design or location or take other measures to avoid it

DFO may determine that the likely HADD is unacceptable and no nauthorization will be granted

In other cases DFOPartner will consider the likely HADD acceptable nDFO will issue an authorization which will include a requirement for a plan to compensate for the loss of fish habitat

Before DFO makes a decision to issue a n Fisheries Act authorization an EA is usually required in accordance with CEAA

Table 21 Determination of Fish Habitat andor HADD and the Action Taken by DFO or Partner

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5


Fisheries Act Section

Intent

20 The Minister may require fish-ways to be constructed

22 The Minister may require sufficient flow of water for the safety of fish and flooding of spawning grounds as well as free passage of fish during construction

30 The Minister may require fish guards or screens to prevent the entrainment of fish at any water diversion or intake

32 Prohibits the destruction of fish by any means other than fishing

35 Prohibits works or undertakings that may result in harmful alteration disruption or destruction of fish habitat unless authorized by the Minister or under regulations

36 Prohibits the deposit of deleterious substances into waters frequented by fish unless authorized under regulations

Table 22 Habitat Protection and Pollution Prevention Provisions of the Fisheries Act

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212 Risk Management Framework The federal government has made a

commitment to Smart Regulation by modernizing and streamlining the regulatory approvals processes To meet this objective DFO has implemented the Environmental Process Modernization Plan (EPMP) A key aspect of the EPMP is the development and implementation of a national Risk Management Framework (RMF) The RMF approach (see Figure 31 in Chapter 3) allows DFO to strategically shift its focus towards projects that have a higher risk to fish and fish habitat and to streamline the review of routine low risk projects

The nationally implemented program - wide RMF is a science-based decision making framework that categorizes risks to fish and fish habitat associated with development proposals communicates these risks to proponents and identifies appropriate management options to

reduce risks The RMF further allows resources and efforts to be re-allocated from the review of routine low risk predictable projects towards the review of those projects that pose the highest risk to fish habitat

The RMF consists of three components - Aquatic Effects Assessment (the Pathways of Effects) Risk Assessment (the Risk Matrix) and Risk Management (making the decision) An overarching principle which applies to all components of the RMF is risk communication Effective communication enables proponents and other stakeholders to understand the potential risks that development activities pose to fish and fish habitat and the methods to avoid or minimize the risk to acceptable levels Further details are available at wwwdfo-mpogccaoceans-habitathabitatindex_easp

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7


Aquatic Effects Assessment

This is a process for project review practitioners and proponents to identify and assess the potential effects of development proposals on fish and fish habitat It uses a series of diagrams or Pathways of Effects to show how land based and in-water based activities result in effects to fish and fish habitat

The diagrams identify where mitigation measures should be applied to eliminate or reduce these effects When mitigation measures cannot be applied or only partially reduce the final effect then this process identifies the residual negative environmental effects

Risk Assessment

This is a process for project review practitioners to determine the level of risk associated with the residual negative environmental effects as identified in the aquatic effects assessment These are referred to as residual effects Risk is categorized according to the scale of the negative effect and the sensitivity of fish and fish habitat in the location or area of impact of the proposed activity

20

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8


Risk Management

Once the risk to fish and fish habitat has been categorized project review practitioners can use the results to support and guide their decision on how to best manage the risk The Risk Assessment Matrix provides an effective means through which to communicate those decisions to proponents and other stakeholders The proponent always retains the option of considering additional mitigation measures including relocation and redesign as means of lowering the risk ranking

To manage residual negative effects to fish and fish habitat the practitioner establishes habitat protection requirements with the proponent to reduce risk to the lowest practical and acceptable levels These requirements may be contained in guidelines for the proponent to incorporate into their plans or may be specific measures contained in the conditions of a Fisheries Act authorization

FI

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9


213 Operational Statements One of the means by which DFO is

streamlining regulatory approval processes is through the use of Operational Statements for low risk activities

DFO has released Operational Statements for a number of common development activities that occur within or adjacent to areas of fish habitat Each Operational Statement provides the public and industry with guidance on how to carry out a work or undertaking in order to avoid negative effects to fish habitat and therefore meet the requirements of the Fisheries Act Operational Statements provide proponents with bottom line advice such that when followed a DFO review is not required

The current Operational Statements along with the Notification Form and Ontario In-Water Construction Timing Window Guidelines for the Protection of Fish and Fish habitat are found at wwwdfo-mpogccaoceans-habitathabitatmodernizing-moderniserepmp-pmpeindex_easp

Operational Statements describe the conditions and the measures to be incorporated into a project in order to avoid negative impacts to fish and fish habitat When a project meets the requirements outlined in an Operational Statement proponents are asked to notify DFO before starting work by submitting a completed Notification Form to the local DFO District Office ten (10) days prior to starting work This information is requested to help evaluate the effectiveness of the Operational Statements and allows DFO to make improvements or adjustments as necessary

For the most current Operational Statements and Notification Form refer to the DFO web site at wwwdfo-mpogccaoceans-habitat

214 Fisheries Act Review of Agricultural Drain Projects

The construction and maintenance of most agricultural drains are subject to the Fisheries Act and Drainage Act which are administered by DFO and OMAFRA respectively The Drainage Act delegates responsibility for drainage to municipalities Although private drains constructed on agricultural land have no legal status under the Drainage Act they are subject to review under the Fisheries Act and may indeed be fish habitat In addition the construction and maintenance of drains under the Drainage Act pipeline projects may require permission from the Conservation Authority under the Conservation Authorities Act Regulations (see Section 29)

Municipal drains are constructed under the petition drain procedures of the Drainage Act The municipality passes a by-law that adopts a drainage engineers report containing plans profiles and specifications This report forms the basis for municipal drain approvals construction and maintenance works Sections 4 and 78 are key sections of the Drainage Act Section 4 deals with the construction of a new municipal drain where no municipal drain existed This could include the excavation of a new drain out of dry land or modifying an existing watercourse to meet the drain requirements Section 78 deals with the modification or improvement to an existing municipal drain

20

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The Conservation Authorities assess potential fish habitat impacts under the Fisheries Act for newly constructed andor modified drains (Sections 4 andor 78 of the Drainage Act) Initial notification will include a New Drain Petition Supplement Form which will alert the Conservation Authority (CA) staff to any red flag issues with the drain proposal such as realigning a drain or closing in an open drain This notification alerts the CA to determine if there is a need to attend the first on-site meeting to discuss potential fish and fish habitat impacts amongst other considerations Following the initial on-site meeting when the proposal is accepted as viable the CA receives the Project Evaluation Form completed and submitted by the drainage engineer This form contains more specific information on the watercourse such as channel dimensions and habitat features The CA can then proceed with the review under the Fisheries Act as per the DFOCA agreement (see section 29)

In addition the CA will likely have a database of fish and fish habitat information as a result of drain classification or through the availability of a fisheries management plan for the watershed Where the CA lacks fisheries or fish habitat data MNR provides available fisheries and fish habitat information to municipalities to assist with determining the risk of negatively impacting fish habitat

It should be noted that a work permit may be required for private drains but is not required by MNR under the LRIA (see section 251) for the installation or maintenance of a municipal drain subject to the provincial Drainage Act Work permits under the PLA (see section 252) administered by MNR are required for drainage works involving dredging and filling of shore lands For additional information on this process refer to the poster entitled ldquoConstruction or Improvement of Municipal Drainsrdquo

215 Class Authorization Process for the Maintenance of Municipal Drains

The Conservation Authorities DFO and others have developed the ldquoClass Authorization Process for the Maintenance of Municipal Drainsrdquo (Class Authorization Process) to streamline approvals under the Fisheries Act and for maintaining municipal drains by matching appropriate maintenance or repair activities to the sensitivity of the fish habitat found within the drain The Fisheries Act provides for the protection of fish and fish habitat Under the Act no one may carry out any work or undertaking that results in the Harmful Alteration Disruption or Destruction of fish habitat (HADD) unless authorized by the Minister of Fisheries and Oceans Canada In most instances where a work or undertaking will result in a HADD DFO must also conduct an assessment under the Canadian Environmental Assessment Act (CEAA) prior to issuing an authorization under the Fisheries Act However the maintenance of existing physical works (such as drains) can be excluded from the requirements of CEAA in accordance with the Exclusion List Regulations Therefore while drain maintenance works that have the likelihood of impacting fish habitat do not require an environmental assessment under CEAA they may require a review under the Fisheries Act

As a result the Class Authorization System was developed to streamline the Fisheries Act review and approval process for drain maintenance activities This streamlined approach allows for drain maintenance in accordance with the Drainage Act while protecting fish and fish habitat The process identifies which drains will require individual review and which will receive a Class Authorization The Class Authorization Process allows the drainage superintendent to have approvals well in advance for the maintenance of municipal drains planned throughout the year

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11


A Drain Classification Process is used to evaluate municipal drains according to flow characteristics water temperature sensitivity of the fish species and time since last full clean-out Drains have been classified into eight categories SAR (Species at Risk) NR (not rated) and Drains classed Type A through F Drains classed A through F are based on characteristics identified in Figure 32 in Chapter 3 Drains that have been classed as not rated are those drains where data has not been collected in the field In particular fish sampling data is missing Drainage superintendents have two options with drains listed as not rated which include request to have the drain sampled or proceed through the site specific review process SAR classed drains have Species at Risk present (fishes or mussels) that are listed on Schedule 1 as threatened and endangered SAR rated drains require a site specific review and may require special permitting under the Species at Risk Act If Species at Risk are present in your drain or a connecting water body it is best to plan ahead

Maintenance on drain types A B or C can proceed under a type A B or C Class Authorization for routine maintenance Work proposed on drain types D or E will require an individual Fisheries Act review and if required a project specific Fisheries Act authorization For type F drains the works can proceed without notification when the drain has no flowing water

Class Authorizations are reviewed and issued annually by DFO for upcoming drain maintenance projects Through their partnerships with DFO CAs often distribute Class Authorizations to their member municipalities on behalf of DFO following the receipt of the Notification Form from the Drainage Superintendent and confirmation of drain type with DFO

For information on OMAFRArsquos role on agricultural drains see section 28 For additional information on this process refer to the fact sheet entitled ldquoWhat You Should Know About Fish Habitat and the Class Authorization System for the Maintenance of Agricultural Municipal Drains in Ontariordquo and the poster entitled ldquoMaintenance of Municipal Drainsrdquo

216 Pipeline Projects Based on existing arrangements with

TransCanada Pipelines Limited and Enbridge Consumers Gas Ltd pipeline crossings that are dry or trenchless (including small directional drills and dam and pump or dam and flume crossings) may be undertaken without submitting formal plans to DFO for review DFO is satisfied that in most cases if appropriate techniques and mitigation measures are applied dry trenchless watercourse crossings are not likely to result in a HADD As such an Operational Statement has been developed for these crossings which outlines the measures that if followed allow a project of this nature to proceed without DFO review It should be noted however that permits may be required from other regulatory agencies In addition the construction and maintenance of drains under the Drainage Act pipeline projects may require permission from the Conservation Authority under the Conservation Authorities Act Regulations (see Section 29)

All pipeline companies without a DFO arrangement and when an Operational Statement does not apply should submit their water crossing proposals to the local CA (if applicable) or to DFO for a Fisheries Act review The CA will review the proposal and based on their level of agreement with DFO will determine whether it should be referred to DFO All pipeline companies are required to submit their proposals to MNR for a work permit where required

DFO andor CAs will continue to review all pipeline proposals where a HADD is likely to occur including but not necessarily limited to

Areas where critical life stages of resident nfish species are affected Wet open trench methods are employed n

Channel realignments are involved n

Ground water upwelling is present or n

Impacts to wetlands or other sensitive nfish habitat features are expected

DFO will also continue to review proposals where the use of explosives is proposed in or around waters frequented by fish DFO will share all pertinent information with MNR and the local CA

20

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217 Canadian Environmental Assessment Act (CEAA)

For procedures in this protocol which occur once DFO staff determines that they are considering the authorization of a HADD under the Fisheries Act DFO has concurrent responsibilities under the Canadian Environmental Assessment Act (CEAA) and pursuant to the Canada-Ontario Agreement on Environmental Assessment Cooperation

These responsibilities include

Coordination with other federal nauthorities per the Federal Coordination Regulations as well as with the provincial Ministry of the Environment (for an individual environmental assessment) and

Consideration of issues related to or noutside the domain of fish habitat

In addition DFO may not require the same level of detail to reach a conclusion under CEAA as it may require for an authorization Therefore DFO may be positioned to make its EA decision within roughly the same time frame as the provincial Environment Ministerrsquos decision on an individual environmental assessment or the clearance of a class EA project

The responsibilities noted above imply environmental assessment activity commencing and being carried out well ahead of the conclusion of a compensation agreement related to fish habitat

For this reason DFO staff are advised to contact the CEA Agency Ontario Region as soon as staff become aware of the need for an environmental assessment This will enable a determination of roles and responsibilities of other federal and provincial agencies specific to CEAA requirements A flowchart on the generalized process for CEAA Screenings can be found in Chapter 3 (Figure 33)

Timelines necessary to undertake and complete CEAA requirements will be respected

Agency staff may be reached at

Canadian Environmental Assessment Agency

Ontario Region55 St Clair Avenue East Room 907

Toronto ON M4T 1M2

416-952-1576

More information on CEAA its requirements and the Canada-Ontario Agreement on Environmental Assessment Cooperation can be found at wwwceaagccaindex_ehtm

FI

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13


218 Species at Risk Act (SARA)The Species At Risk Act (SARA) was created to

prevent wildlife species from becoming extinct It requires Canada to provide for the recovery of species at risk due to human activity and to manage species of Special Concern in order to prevent them from becoming endangered or threatened The Act covers all wildlife species at risk nationally their residences and critical habitats and applies throughout Canada SARA not only prohibits the killing harming harassing capturing or taking of species at risk but also makes it illegal to destroy their residences and critical habitats

The provisions of SARA

Set out prohibitions against the killing nor harming of a listed species and the destruction of their residences and critical habitats as defined in a SARA compliant Recovery Strategy or Action Plan

Require other federal departments to nconsider the impact on a listed species their residences and critical habitats before issuing authorizations for certain activities and

Provide for effective enforcement nmeasures and significant penalties where needed to serve as a deterrent

In addition provisions for ldquoRecovery Strategiesrdquo and ldquoAction Plansrdquo for listed extirpated endangered and threatened species and ldquoManagement Plansrdquo for listed special concern species are addressed in SARA and are produced by federal departments

Two federal Ministers are responsible for the administration of SARA The Minister of Fisheries and Oceans is responsible for aquatic SAR except for those located in national parks national historic sites or other protected heritage areas The Minister of the Environment (through the PCA) is responsible for individuals of SAR found in national parks national historic sites or other protected heritage areas The Minister of the Environment is also responsible for all other SAR and for the overall administration of SARA

The review of any proposed projects will take into consideration the protection of SAR ensuring compliance of the prohibitions of SARA as described in Sections 32 33 and 58 (see table below) These prohibitions only apply to endangered or threatened species listed on Schedule 1 of SARA and to extirpated species only if a SARA-compliant Recovery Strategy recommends its reintroduction to Ontario

When SARA came into force the definition of ldquoenvironmental effectrdquo under CEAA changed to include all wildlife species listed on Schedule 1 of SARA (extirpated endangered threatened and special concern species) Projects requiring a CEAA assessment must identify the adverse effects of the project on these Schedule 1 species and must work within SARA compliant Recovery Strategies and Action Plans if available Mitigation is required to ensure compliance with SARA for the protection of individual species their residences and critical habitats Agreements or permits must be obtained for project activities that may otherwise constitute an offence under SARA

Species at Risk Act ndash Prohibitions32 (1) No person shall kill harm harass capture or take an individual of a wildlife species that is listed as an extirpated species an endangered species or a threatened species

33 No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canadahellip

58 (1) Subject to this section no person shall destroy any part of the critical habitat of any listed endangered species or of any listed threatened species or of any listed extirpated species if a Recovery Strategy has recommended the reintroduction of the species into the wild in Canadahellip

20

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The list of species subject to SARA is revised periodically by the Minister of the Environment in response to annual assessments conducted by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) For an up-to-date list of wildlife species on each schedule refer to the SARA Public Registry at wwwsararegistrygcca

Review Process for Aquatic SAR

To aid partner agencies in the review of project proposals that may impact federally listed aquatic SAR and their habitats a series of distribution maps has been developed These distribution maps were designed to help streamline the integration of SARA into the current referral process and to ensure that DFO meets its responsibilities to protect aquatic SAR

SAR maps are available at the Conservation Ontario web site These maps are for use by partners as a screening tool to determine whether aquatic SAR are present at proposed development project sites A ldquoReference Guide for Fish and Mussel Species at Risk Distribution Maps A Referral Review Tool for Projects Affecting Aquatic Species at Riskrdquo (DFO 2006) provides further direction on the process to follow for projects proposed within the distribution range of a listed aquatic SAR

Projects that have the potential to contravene SARA must be referred to DFO for review to ensure compliance with SARA Figure 34 in Chapter 3 illustrates the SARA referral review protocol

Under the SARA referral review protocol partner agencies will refer projects to DFO for review under SARA when it has been determined that Schedule 1 SARA aquatic species are present at the project site and will be potentially impacted by proposed project activities Projects that require an authorization are referred to DFO following the normal referral review process

For projects that do not require an authorization (ie letter of advice issued) the partner agency can continue the review process as per the current referral process Aquatic SAR

will be protected through the implementation of mitigation measures or the partner agency can refer the project to DFO to complete the review

For projects that are referred to DFO by a partner agency DFO will review works or undertakings prepare authorizations and issue letters of advice in accordance with the provisions in SARA the Fisheries Act and CEAA

Since many measures in SARA are already within the authority of the Minister of Fisheries and Oceans under the Fisheries Act (eg preventing destruction of fish habitat) SARA will not replace but complement current responsibilities under the Fisheries Act

SARA Permits

SARA permits are necessary when extirpated endangered or threatened fish or mussels on Schedule 1 of the SARA are affected by a proposed project activity A SARA permit should be obtained prior to initiation of any project construction activities when

Project activities may cause incidental nharm to a SAR in particular the contravention of any one of the three SARA prohibitions (Sections 32 33 and 58)

Field surveys are proposed to detect fish nor mussel SAR including any monitoring programs for SAR and

Mitigation strategies include either nSAR mussel relocations or fish salvage operations

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15


22 Parks Canada Agency (PCA)The PCA manages National Parks National

Marine Conservation Areas National Historic Sites and National Historic Canals which are a country-wide system of representative areas of Canadian natural and cultural significance The PCA has a legislated mandate to protect these representative areas for all time This protection mandate is further strengthened through the Historic Canals Regulations and in particular the Canada National Parks Act which states that protecting ecological integrity will take precedence in acquiring managing and administering heritage places and programs PCA Enforcement Officers are designated as federal Fishery Officers pursuant to Canadas Fisheries Act

Further information can be found on PCArsquos web site at wwwpcgcca

221 Canada National Parks ActThe National Parks of Canada are dedicated

to the people of Canada for their benefit education and enjoyment subject to the Canada National Parks Act and its regulations National parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations Maintenance or restoration of ecological integrity through the protection of natural resources and natural processes shall be the first priority of the Minister of the Environment (Minister Responsible for the PCA) when considering all aspects of the management of parks

National Park Regulations have been established respecting the preservation control and management of parks the protection of flora soil waters fossils natural features air quality and cultural historical and archaeological resources the management and regulation of fishing and the prevention and remedying of any obstruction or pollution of waterways 222 Canada National Marine

Conservation Areas ActMarine Conservation Areas are established

in accordance with the Canada National Marine Conservation Areas Act for the purpose of protecting and conserving representative marine areas for the benefit education and enjoyment of the people of Canada and the world Marine Conservation Areas shall be managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function of the ecosystems including the submerged lands and water column with which they are associated The Governor in Council may make regulations consistent with international law for the control and management of any or all Marine Conservation Areas including regulations for the protection of ecosystems and elements of ecosystems and for the management and control of renewable resource harvesting activities

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223 Historic Canals RegulationsHistoric Canals Regulations are associated

with the Trent-Severn Waterway and Rideau Canal Under these regulations the bed of most of the lakes and rivers that make up these waterways is under federal jurisdiction Any in-water and shoreline works within these historic canals require a permit from PCA under the Historic Canal Regulations

Applications are sent to the PCA for approval If a HADD can be mitigated appropriate conditions are included in the approval letter sent to the proponent by the PCA If the work cannot be mitigated the application is referred to DFO for further Fisheries Act review

224 DFOParks Canada Agency Fish Habitat Agreement

DFO has agreements in place with the PCA through which PCA is responsible for conducting the initial review mitigation requirements and some compensation planning of fish habitat for projects in National Parks National Marine Conservation Areas National Historic Canals and National Historic Sites Projects requiring a Fisheries Act authorization are referred to DFO for review and approval

Figure 35 in Chapter 3 illustrates the PCA referral process

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17


23 Transport Canada (TC) The Navigable Waters Protection

Program administered by TC is responsible for safeguarding the navigability of all waters including coastal and inland waterways throughout the province and ensuring the safety of marine navigation with due consideration to the environment This is accomplished by administering and enforcing the provisions of the federal Navigable Water Protection Act and Sections 108 and 109 of the National Energy Board Act (for internationalinter-provincial pipelines crossing navigable waterways) Under the provisions of the NWPA it is unlawful to construct or place a work in a navigable waterway without the approval of TC A work is defined under the NWPA as

Any bridge boom dam wharf dock pier A tunnel or pipe and the approaches or other works necessary or appurtenant thereto

Any dumping of fill or excavation of B materials from the bed of a navigable water

Any telegraph or power cable or wire or C

Any structure device or thing whether D similar in character to anything referred to in this definition or not that may interfere with navigation

Construction of projects without the required approval may be subject to removal at the owners expense as well as other legal consequences if they pose an interference to public navigation or navigation safety

TC will forward projects with the potential to impact fish and fish habitat to DFO as per CEAA requirements

Further information can be found on TCrsquos web site at wwwtcgccamarinesafetyoepnwppfaqshtm

231 Navigable Waters Protection Act (NWPA)

Before you start your project contact the nearest Navigable Waters Protection Program (NWPP) office in your area to discuss in general terms the construction of the work you are proposing to build To locate your nearest NWPP office in Ontario refer to the website wwwtcgccamarinesafetyoepnwppofficeshtmontario

The Navigable Waters Protection Officer will assist you in determining what information and documentation is required for preparing and submitting an application under the NWPA

Once you have finalized the project design submit your application to the nearest NWPP Office Including details regarding the applicant (either you or your agent) the nature of the work other approvals obtained property ownership and drawings and plans of the proposed work

An Approval issued under the NWPA authorizes the work only in terms of its effect on navigation and it remains the owners responsibility to obtain other approvals that may be required Therefore early in the planning stage you are encouraged to contact your local Conservation Authority provincial ministries of Natural Resources Environment and municipal offices to discuss their requirements

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24 Environment Canada (EC)EC has been assigned responsibility

for the administration and enforcement of the Fisheries Act provisions dealing with the deposit of deleterious substances into water frequented by fish (subsection 36(3)) through a 1978 Prime Ministerial decision The exception is that DFO enforces the Fisheries Act regarding sediment as a deleterious substance A 1985 Memorandum of Understanding between DFO and EC reiterated the responsibilities of both departments and set out mechanisms for information sharing and cooperation

The Fisheries Act prohibits the deposit of a deleterious substance in waters frequented by fish unless authorized by regulation The Fisheries Act requires a person to report any deposit out of the normal course of events in the case where there is or may be damage or danger to fish fish habitat or the use of fish by humans A deleterious substance is defined in part as a substance that when added to any water has an impact on fish or fish habitat Fisheries Act Regulations may require the completion of an EA as part of their activities to achieve compliance

Further information can be found on ECrsquos web site at wwwecgccawaterenpolicyfederale_fedhtm

25 Ministry of Natural Resources (MNR)

MNR is the provincial agency responsible for the protection and management of Ontarios natural resources including the management of fisheries Specific responsibilities include administering and enforcing the Ontario Fishery Regulations (allocation and licensing of the fisheries resources) fisheries management (eg angling stocking) fisheries management planning fish and fish habitat information management and fish habitat rehabilitation MNR has the primary responsibility for several pieces of provincial legislation such as the Public Lands Act the Lakes and Rivers Improvement Act and the Crown Forest Sustainability Act which support the protection of fish habitat When providing funding andor land for projects (ie Community Fisheries and Wildlife Involvement Projects) MNR continues to review for fish habitat impacts under the Fisheries Act and where capacity exists continues to provide compliance support

As the lead for fisheries management MNR may communicate fisheries management objectives during the referral process and identify any concerns with the project to the reviewing agency as required

Further information can be found on MNRrsquos web site at wwwmnrgovonca

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19


251 In-water Timing Window Guidelines

MNR is the lead agency for setting timing guidelines for work in and around water Timing guidelines are applied to protect fish from impacts of works or undertakings in and around water during spawning migrations and other critical life history stages The application of in-water work timing guidelines is consistent with MNRs responsibility as the lead provincial fisheries management agency

MNR develops in-water work timing guidelines on a District by District basis and provides them to DFO Conservation Authority and Parks Canada offices that have jurisdictional boundaries within the MNR Districts MNR will apply in-water work timing guidelines where appropriate as conditions of work permits issued under the Public Lands Act and the Lakes and Rivers Improvement Act When multiple agency approvals are given for a single project the in-water work timing guidelines will be given in the MNR permit and referenced in the other authorization or approvals Any request by proponents for extensions or exceptions to the guidelines must be directed to and approved by MNR

Other agencies may apply in-water work timing guidelines in their approvals for works in and around water when a MNR work permit is not required such as a DFO authorization In these cases the agency that issues the approval will work with the proponent to ensure that timing windows are met Any requests by proponents for extensions or exceptions to the in-water work timing guidelines will be approved by the permitting agency Consultation with MNR staff may be undertaken on a case by case basis if required Note that timing guidelines have been developed for Operational Statements please refer to the Ontario In-water Construction Timing Window Guidelines for the Protection of Fish and Fish Habitat

252 Lakes and Rivers Improvement Act (LRIA)

MNR is responsible for administering the Lakes and Rivers Improvement Act and its associated regulations The LRIA provides for the use of waters of the lakes and rivers in Ontario regulates improvements in them and provides for the preservation and equitable exercise of public rights in and over such waters Specifically the purposes of this Act are to provide for

The management protection preservation A and use of the waters of the lakes and rivers of Ontario and the land under them

The protection and equitable exercise of B public rights in or over the waters of the lakes and rivers of Ontario

The protection of the interests of riparian C owners

The management perpetuation and use D of the fish wildlife and other natural resources dependent on the lakes and rivers

The protection of the natural amenities of E the lakes and rivers and their shores and banks and

The protection of persons and of property F by ensuring that dams are suitably located constructed operated and maintained and are of an appropriate nature with regard to the purposes of clauses (A) to (E)

Water Related Structures

In accordance with the legislative requirements of the LRIA and Ontario Regulation 45496 approval must be obtained for any work affecting lakes ponds swamps marshes bogs and intermittent or permanent rivers creeks or streams

Where CAs are present to issue permission under the Conservation Authority Act for construction alteration and improvement of water related structures LRIA approval is only required for works involving dams (including maintenance or alterations) Where no CA exists MNR continues to issue LRIA approval for all applicable activities as described above

20

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For LRIA applications associated with dams MNR will review applications to provide for ecosystem based water level and flow objectives that will support the ecological sustainability of aquatic systems for the perpetuation of fish wildlife and other natural resources dependent on the aquatic system

For LRIA applications other than those involving dams MNR will meet its requirements for the management perpetuation and use of fish through review under the Fisheries Act by CADFO staff When the application is in or around water where fish habitat is likely to be altered MNR will inform the applicant that an approval cannot be issued until the CADFO has provided advice on protecting fish habitat MNR will offer to make the referral to the CADFO on behalf of the applicant and copy the applicant

Where work permits are not required and the work is in water MNR will advise proponents of the need to have their project reviewed by CADFO staff MNR staff will offer to refer the project to the local CADFO on their behalf and forward all available fisheries and fish habitat information on the proposed project

Fish Passage

Review under the Fisheries Act should be used to provide for fish passage in new dams MNR staff should identify any concerns related to fish passage and fisheries management objectives to CADFO staff during the referral process

However under subsection 17(4) of the LRIA MNR may order the provisions of free and unobstructed passage of fish up and downstream MNR should consult with DFO when using this order power

Further details on the MNR review process of LRIA applications are contained within the Technical Guidelines and Requirements for Approval under the Lakes amp Rivers Improvement Act

253 Public Lands Act (PLA)Under the Public Lands Act MNR is responsible

for the management and disposition of public land Work permits are generally required to

Construct a building on public land n

Construct most trails and all water ncrossings or roads on public land (except those authorized under the Crown Forest Sustainability Act)Dredge shore lands (shore lands include nboth public land and adjacent private land covered or seasonally inundated by the waters of a lake river or stream)Fill shore lands n

Remove aquatic vegetation from specified nshore lands andConstruct or place a structure occupying nmore than 15 m2 of shore lands

For activities that require a work permit MNR will provide an application and instruct the applicant to return the completed application to MNR

If required MNR will conduct a site inspection to deal with land stewardship responsibilities concerning public land (eg the proposed work involves a permanent occupation of public land that requires occupational authority under the PLA) This inspection will not determine if the work is likely to result in a HADD nor is it intended to provide advice on how to prevent a HADD If the application involves work in or around water where fish habitat is likely to be altered MNR will inform the applicant that a work permit cannot be issued until the CADFO has provided advice on protecting fish habitat MNR will offer to make this referral to the CADFO on behalf of the applicant and copy the applicant

Where work permits are not required and the work is in water MNR will advise proponents of the need to have their project reviewed by CADFO staff for fish habitat concerns MNR staff will offer to refer the project to the CADFO on their behalf When projects are referred to the CA DFO MNR will forward all available fisheries and fish habitat information on the proposed project

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21


254 Aggregate Resources Act (ARA)

MNR undertakes the following when an application for a new or amended Aggregate Resources Act (ARA) permit or licence is received

Provides available information on nnatural resources to proponentsinterest groupsReviews all new applications and nrequests for amendments to existing permitlicences to ensure consistency with the purposes of the ARAEnsures that fisheries information and nimpact analysis in the application and supporting documents or studies is accurate and completeInforms the applicant that MNR reviews nfor compliance with provincial statutes that involve fish and fish habitat but MNR does not determine if fish habitat is likely to be harmfully altered as this is the responsibility of DFO andAdvises the proponent to contact DFO to nobtain advice on protecting fish habitat or authorization under subsection 35(2) of the Fisheries Act In some cases the local CA may provide advice on protecting fish habitat MNR staff will direct the proponent to refer the project to the local DFO office andor the local CA as appropriate MNR will advise the proponent that review and comment under the federal Fisheries Act may not conform to provincial timelines

MNR reviews all new applications and requests for amendments to existing permitlicences to ensure they are consistent with the purposes of the Aggregate Resources Act Where fish habitat is identified the application or request must be circulated to DFO for review with respect to the protection of fish habitat under Section 35 of the federal Fisheries Act In some cases the local CA will also receive applications under the ARA where fish habitat is identified More information on the ARA process can be found in the document ldquoAggregate Resources of Ontario Provincial Standardsrdquo (wwwmnrgovoncaenBusinessAggregates2ColumnSubPageSTEL02_167074html)

255 Crown Forest Sustainability Act (CFSA)

The Crown Forest Sustainability Act provides for the sustainability of Crown forests and in accordance with that objective Crown forests are managed to meet the social economic and environmental needs of present and future generations The CFSA is binding on the Crown and MNR must abide by it

The CFSA through its regulations requires adherence to a set of manuals including the Forest Management Planning Manual (MNR 1996 and 2004) and the Forest Operations and Silviculture Manual (MNR 2000) see httpontariosforestsmnrgovonca

The Forest Operations and Silviculture Manual requires forest operations to be conducted in accordance with various listed standards and guidelines including the Timber Management Guidelines for the Protection of Fish Habitat (MNR 1988) the Environmental Guidelines for Access Roads and Water Crossings (MNR 1990) and the Code of Practice for Timber Management Operations in Riparian Areas(MNR 1991) These guides provide mandatory standards andor BMPs that protect water quality and fish habitat

Additional guidance for the protection of water quality and fish habitat has been provided through conditions associated with the ldquoDeclaration Order Regarding MNRrsquos Class EA Approval for Forest Management on Crown Lands in Ontariordquo (2003) Condition 25b resulted in the development of a ldquoProtocol for the Review of Water Crossings Proposed through the Forest Management Planning Processrdquo (MNR 2005)

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Forest companies monitor their operations for compliance through their forest compliance plan MNR compliance inspectors apply the remedies and enforcement provisions of the CFSA and various other statutes (in addition to the CFSA) which relate to forest operations including referring possible violations of the Fisheries Act to DFO Activities that are not in accordance with the approved Forest Management PlansAnnual Work Schedules andor do not follow the practices set out in the Forest Operations and Silviculture Manual are infractions under the CFSA

Stop Work Orders are used to prevent stop or reduce damage to the Crown forest where operations are causing or are likely to cause loss or damage that impairs or is likely to impair the sustainability of the Crown forest or that is contrary to the Forest Management Plan or Annual Work Schedules

Repair Orders may be issued in the event that a person causes or permits damage to soil plant life or habitat for animals in a Crown forest

Compliance Orders may be issued if a person has failed to comply with a forest resource license

CFSA Referral Process

MNR staff and the forest industry will continue to use and be guided by the Forest Operations and Silviculture Manual (MNR 2000) and the Protocol for the Review of Water Crossings Proposed through the Forest Management Planning Processrdquo (MNR 2005) when reviewing forest management activities that may affect fish and their habitat Adherence to these documents will be stated in the approved Forest Management Plan and Annual Work Schedule to ensure no HADD will occur If in the opinion of the MNR biologist a certain forest activity may cause a HADD the company will be asked to mitigate those aspects of the activity If the HADD can be mitigated then the forest management activity will be carried out under the conditions agreed to by MNR and the forest company If the HADD cannot be mitigated by the company then MNR will refer the proposed work to DFO for their review

If DFO concludes that fish and fish habitat impacts can be mitigated then DFO will contact MNR and the forest company agree on mitigation measures and issue a letter of advice

If DFO concludes that the potential HADD cannot be mitigated then DFO will contact MNR and the forest company to discuss compensation options DFO will then begin the CEAA review MNR will work with the forest company to design the required compensation and discuss whether the compensation is adequate with DFO MNR and the forest company will be signatories to the agreed upon compensation agreement

Figure 36 in Chapter 3 provides the MNR referral process while Figure 37 provides the CFSA referral process

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23


256 Community Fisheries and Wildlife Involvement Projects (CFWIP)

Since MNR approves and funds Community Fisheries and Wildlife Involvement Projects MNR is considered the proponent for these projects The approval procedure is therefore essentially the same as for activities under the Ontario Environment Assessment Act MNR will continue to review all CFWIP projects for fish habitat impacts and will only refer those projects to DFO which are considered potential HADDs The intent is to ensure that MNR staff and volunteers are not in violation of the Fisheries Act Since MNR District staff will continue to design mitigation for most potential HADDs that may result from CFWIP projects only occasional projects will need to be authorized under the Fisheries Act Where CFWIP projects may impair or obstruct navigation an NWPA review by TC may be required Any project that has the potential to obstruct navigation or involves a named work under the NWPA should be reviewed by TC When screening projects MNR District CFWIP representatives use a number of ldquoflagsrdquo as a guide to help identify projects that have the potential to result in a HADD If the MNR District feels that the potential HADD cannot be mitigated for any particular project they will discuss the project design with their local DFO District Office Together they can determine whether the project requires a Fisheries Act authorization or whether it can be addressed by a letter of advice If an authorization is required MNR will develop the compensation plan with input from DFO staff The following are flags to help identify CFWIP projects that could result in a HADD (note this list is not meant to be exhaustive)

Use of motorized construction nequipment in or near waterStream channel re-alignment or channel ndredgingLake dredging and n

Dam repairs andor construction n

Offices will share the information that is necessary to ensure effective working relationships For example a MNR District CFWIP representative may provide DFO and CA offices with a list of approved fish habitat related CFWIP projects

257 Water Management Planning Guidelines for Waterpower

In December 2000 the Lakes and Rivers Improvement Act was amended to allow the Minister of Natural Resources to order the owner of a dam to prepare a management plan in accordance with guidelines approved by the Minister The LRIA was further amended in June 2002 to among other things give the Minister explicit approval powers and require dam owners to comply with approved plans

Water management plans (WMPs) are required wherever at least one waterpower facility exists on a river system These plans are proponent driven but are carried out cooperatively with the MNR WMPs are approved by MNR as legal documents

The ldquoWater Management Planning Guidelines for Waterpowerrdquo (MNR 2002) which govern the preparation of WMPs have a goal of sustainable development of Ontarios waterpower resources along with the management of these resources in an ecologically sustainable manner

The Guidelines contain a number of directing principles including seeking to maximize the net benefits to society and riverine ecosystem sustainability Each WMP also strives to meet a range of economic environmental and social objectives that are unique to each rivers setting and characteristics

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The Guidelines indicate that the general scope of WMPs will include

Baseline conditions (environmental social i and economic) present at the time of planning

A focus principally on the management of ii water levels and flows

Operating regimes required at the iii waterpower facilities and associated water control structures

The relative scale of effects of waterpower iv operations and their related issues and

Other water resource users and the public v interest in water (MNR 2002 p 6)

In cases of greenfield development the approvals process under the LRIA and the planning process in accordance with the Ontario Environmental Assessment Act can meet the intent of the Guidelines

The Protocol for the Development Review and Implementation of Water Management Plans for Waterpower in Ontario outlines the approach for DFOrsquos participation in and approval of WMPs and authorization of existing waterpower facility operations pursuant to the Fisheries Act for impacts to fish and fish habitat Typically DFO participates on WMP steering committees for complex plans (and simplified WMPs where applicable) providing advice and direction to plan proponents on federal legislation policies and programs This review occurs in the context of DFOrsquos mandate and the Policy for the Management of Fish Habitat Where possible HADDs and other aquatic ecosystem issues will be dealt with during the planning process through alterations made to operating practices DFO will advise whether the issuing of a Fisheries Act Authorization for the operation of the facility is required and may provide additional information and direction

Further details on water management planning and waterpower site release and development are available at the MNR web site at wwwmnrgovoncaenBusinessRenewable2ColumnSubPageSTEL02_167251html

258 Aquaculture Aquaculture facilities may be land based or

may be cages in open water The cages may be attached to shore or may be offshore

Aquaculture projects often have the potential to alter physical habitat in Canadian fisheries waters MNR is the first point of contact for both land based and cage aquaculture applications Aquaculture projects are circulated directly from MNR to local DFO offices for review in determining and authorizing a HADD Other permits and approvals may be required from other agencies for an aquaculture operation (eg MOE TC CAs and municipalities)

In Ontario MNR regulates aquaculture operations under the authority of the Public Lands Act the Fish and Wildlife Conservation Act (FWCA) and the federal Fisheries Act The FWCA prohibits persons from culturing fish except under authority of a licence and in accordance with the regulations Part II of Ontario Regulation 66498 (Fish Licensing) establishes aquaculture licences fish stocking licences licences to collect fish from Ontario waters regulations respecting the transportation of fish and certain conditions and exemptions in relation to these licences Ontario Regulation 66498 also regulates the species that may be cultured under the authority of an aquaculture licence

MNR also requires the reporting of significant fish escapes from aquaculture facilities and a description of measures and requirements to maintain facility security status to be defined on aquaculture licences Water and sediment quality monitoring conditions recommended by Ministry of the Environment are appended to aquaculture licences

For each cage project application a provincialfederal review team (MNR MOE DFO TC CEAA and others as applicable) will be established

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25


259 Wind Power ProjectsThe coordinated provincial review and

approval process for wind power developments is described in detail in the ldquoWind and Water Power Projects in Ontario The Ministry of Natural Resourcesrsquo Guide to Coordinated Approval Processesrdquo (MNR 2007b) (available at wwwmnrgovoncaenBusinessRenewable 2ColumnSubPageSTEL02_167261html)

The approvals process for wind power development on Crown land is a two-stage process - the first stage is associated with the testing of wind power potential and the second stage is associated with the wind power development The approvals required relate to provincial EA (either through MNRs ldquoClass EA for MNR Resource Stewardship and Facility Development Projectsrdquo (Class EA for RSFD) (MNR 2003) or through the Electricity Projects Regulation Environmental Screening Process) issuance of a Land Use Permit for wind exploration on Crown land and issuance of a Crown lease for wind power development on Crown land

MNR will review proposals for the impacts of the proposed undertaking on fisheries management objectives and baitfish commercial and recreational fisheries If the proposal is located in the Great Lakes the review should be conducted by Great Lakes Unit staff Otherwise the review should be conducted by MNR District staff

CAs and DFO will review wind power project proposals to ensure that potential fish habitat impacts are identified and mitigated during the construction operation and decommissioning phases of wind power facilities (eg water crossings transmission lines related infrastructure etc) DFO will also review wind power projects to ensure compliance with the requirements of SARA for aquatic SAR

MNR will not dispose of a Crown right until the fish population impacts and issues associated with commercial bait and recreational fisheries have been resolved In addition MNR will not dispose of a Crown right until after a CEAA decision has been reached along with appropriate mitigation measures including the authorization of any HADDs associated with the proposed project

2510 Ontario Environmental Assessment Act (OEAA)

MNR Projects

MNRs fisheries management activities are subject to the Ontario Environmental Assessment Act either by an Individual EA Declaration Order a Class EA or Ontario Regulation 334

Under the Class EA for Resource Stewardship and Facility Development MNR is responsible for the application of all relevant Class EA requirements (eg screening planning process public consultation monitoring and reporting)

Under the Class EA for Resource Stewardship and Facility Development MNR staff carry out the following actions

Projects are evaluated through a nscreening process to identify potential significant environmental effects that may result from the project In the screening process staff evaluate all relevant natural environment land use resource management social cultural economic and aboriginal considerations related to the proposed project including fish habitat

Where negative effects on fish habitat nhave been identified MNR will develop mitigation measures to prevent a HADD Where impacts cannot be fully mitigated MNR seeks advice from DFO on authorization under Section 35 of the Fisheries Act and works with DFO to develop habitat compensation plans as required

Projects are categorized as either nCategory A B C or D The project category is reviewed by the appropriate manager who confirms or modifies the category as appropriate

The relevant EA process is then followed nand

Once the EA process is complete nMNR implements the project with all appropriate authorizations and approvals

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Projects Proposed by Other Public Agencies or Private Sector Proponents

For projects proposed by other public agencies or private sector proponents MNR

Comments on impacts on natural nresources such as Areas of Natural and Scientific Interest (ANSIs) wetlands SAR and other resources including fish habitat and provides resource inventory information to proponents

If acting as a partner in the project nMNR staff evaluate the proposed project to determine the requirements under the Class EA for Resource Stewardship and Facility Development (see EA Procedures Manual For MNR Activities - Partnership Projects - LUPB 40287) The process described for MNR projects (as noted above) must be followed

If the project is not for an MNR nprogram and the applicant requests the disposition of the rights to Crown resources MNR asks for a project description to be completed and submitted with the application in accordance with the Class EA for Resource Stewardship and Facility Development

If the disposition application requires nscreening under the Class EA for Resource Stewardship and Facility Development MNR will identify any mitigation measures required to reduce potential significant negative environmental effects assign to a category and obtain appropriate MNR manager sign-off and

If the project is either a Category B or nC MNR will instruct the applicant to complete all relevant sections of the Class EA for Resource Stewardship and Facility Development

If the applicant is an agency which operates under its own OEAA coverage and the proposed project is not for a MNR program MNR will not screen the application under the Class EA for Resource Stewardship and Facility Development MNR will not proceed with the disposition unless the applicant provides MNR with evidence that they have complied with their requirements under the OEAA Prior to granting this type of disposition MNR should receive a letter from the applicant outlining how the disposition applicant has met OEAA obligations

If the proposed project is in or around water and is likely to alter fish habitat MNR will inform the agencyproponent that the proposed project will have to be referred to DFO for advice on protecting fish habitat or for authorization under Section 35 of the Fisheries Act MNR will offer to make this referral on behalf of the agency

For proposed dispositions of rights to Crown resources MNR determines if there may be the potential for significant negative environmental effects including fish habitat However where significant negative environmental affects are anticipated and the proposed activity is likely to negatively impact fish habitat MNR will make this referral to the CADFO on behalf of the proponent The CADFO will provide advice on protecting fish habitat

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27


2511 Provincial Policy Statement (PPS) (Fish Habitat Section)

The MNR has the lead for planning matters in Ontario as they relate to the protection of natural heritage features including fish habitat MNRrsquos role is to promote good planning in order to ensure that various values including fish habitat are proactively protected The Provincial Policy Statement (PPS) (2005) is issued under the authority of Section 3 of the Planning Act and came into effect on March 1 2005 It provides policy direction on matters of provincial interest related to land use planning and development on private land

The PPS identifies fish habitat as one of the Natural Heritage features that is of provincial interest and should be protected from incompatible development Policy 215 states that development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements

With respect to policy 215 provincial and federal requirements means helliplegislation and policies administered by the federal or provincial governments for the purpose of the protection of fish and fish habitat and related scientifically established standards such as water quality criteria for protecting lake trout populations

In addition policy 216 states that ldquodevelopment and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 213 214 and 215 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functionsrdquo The ldquoNatural Heritage Reference Manualrdquo (MNR 1999) was issued by MNR to provide information on technical issues relative to the natural heritage policies of the PPS This manual identifies important considerations for the identification and evaluation of fish habitat and adjacent lands and potential development impacts and mitigation in keeping with MNRsCAs role in the planning process associated with fish habitat protection The manual is available at wwwmnrgovoncaenBusinessLUEPSPublication249081html

MNR provides fish habitat inventory and habitat classification information to municipalities the Ministry of Municipal Affairs and Housing (MMAH) CAs and proponents to assist with implementing the PPS

MNR has developed and is continuing to develop data standards for fish habitat and fish population assessment

When requested by MMAH MNR provides technical advice on all natural heritage areas and features to proponents consultants and municipalities through the provincial ldquoone windowrdquo planning service This also includes providing ldquogenericrdquo advice on the protection of fish habitat to all municipal planning authorities (eg on the sensitivities of fish and fish habitat and how impacts from development and human activities can be avoided or mitigated)

20

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28


When requested to review a policy document or development application by MMAH MNR may

Identify a situation where concerns must nbe addressed to ensure that a decision on the planning matter is consistent with the PPS

Provide available fish habitat ninformation relevant to the document or application

Share relevant technical guidelines nstandards or reference materials that should be considered by the proponent

Provide technical comments on specific nstudies provided by the proponent with the provision that DFO not MNR determines if work is likely to cause a HADD and

Identify that approvals may still nbe required under the Fisheries Act and where appropriate identify the appropriate CA or DFO District Office to contact A review under the fish habitat protection provisions of the Fisheries Act only occurs when a project that proposes works or undertakings in or near water has been defined and moves to the implementation stage

In addition MNR undertakes the following

Continues to develop data standards nfor fish habitat and fish population assessment and

Promotes decisions on planning matters nthat are consistent with the PPS and provides generic technical advice on all natural heritage areas and features as requested through the provincial ldquoone windowrdquo planning service

MNR does not determine if work is likely to result in a HADD but will refer this matter to the local CADFO MNR will offer to make this referral on behalf of proponent DFO will respond directly to proponent and provide a copy to MNR

MNR does not become involved in compensation negotiations However MNR must agree with proposed compensation developed by the proponent and approved by DFO where Crown land is adjacent or adjoining to ensure compliance with provincial legislation

CA DFO and MNR staff will work together to ensure that any fish habitat concerns that may affect fisheries management objectives are identified through the review under the Fisheries Act

2512 Endangered Species Act The Endangered Species Act 2007 (ESA 2007)

which was passed in May 2007 has come into force June 30 2008 The new Act will replace the existing Endangered Species Act from 1971 and provide protection for species at risk and their habitat The MNR is the lead agency for species at risk under provincial jurisdiction Ontariorsquos species at risk are also protected federally if listed under the federal Species at Risk Act (SARA) and fishes including mussels are further protected under the federal Fisheries Act

Under the new Act the status of species in Ontario is assessed at the provincial level by the Committee on the Status of Species at Risk in Ontario (COSSARO) using the best available scientific information including information obtained from community knowledge and Aboriginal traditional knowledge COSSARO classifications are regulated on the Species at Risk in Ontario (SARO) List within 90 days of the Minister receiving COSSAROrsquos report on the classification Species at risk may be classified as extinct extirpated endangered threatened or special concern Extirpated endangered and threatened species receive legal protection once they are added to the SARO List and newly listed endangered and threatened species receive automatic habitat protection Specific habitat protection regulations need to be developed for endangered and threatened species within 2 and 3 years of regulation on the SARO List respectively

FI

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29


There is a long history of cooperation on species at risk management among federal provincial and territorial governments Fisheries and Oceans Canada (DFO) is the lead agency for fishes at risk that are listed under Schedule 1 of SARA and leads the development and implementation of recovery strategies for these species in cooperation with MNR and other partners Management of fishes at risk that are listed under the ESA 2007 but not SARA will be led by MNR once the Act comes into force For fishes listed under both Acts there will be continued cooperation on the development and implementation of recovery strategies and efforts will be made to harmonize protection and permitting efforts

26 Ministry of Transportation (MTO)

Ministry of Transportation is responsible for planning managing and maintaining a safe efficient reliable and integrated transportation network In addition MTO sets design and maintenance standards and manages construction and maintenance activities on the provincial highway network

When delivering its transportation program MTO does so with a view towards protecting the environment A formal protocol for protecting fish and fish habitat on provincial transportation undertakings has been in effect since 1993 when it was signed by the MTO and MNR In June 2006 MTO DFO and MNR signed a new protocol entitled ldquoMTODFOOMNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakingsrdquo (herein referred to as the 2006 MTODFOMNR Fisheries Protocol)

Under the 2006 protocol MTO has the responsibility and accountability to self screen for the likelihood of MTO projects resulting in a HADD MTO is also responsible for the development of mitigation measures including design modifications to eliminate or reduce the risk of HADD Where a HADD is unavoidable MTO develops a project specific compensation plan that is submitted to DFO for Fisheries Act review and authorization

Further information can be found on MTOrsquos web site at wwwmtogovonca

261 MTO Projects The 2006 MTODFOMNR Protocol for

Protecting Fish and Fish Habitat on Provincial Transportation Undertakings defines a process whereby MTO screens its highway projects to determine the likelihood of a HADD The protocol contains provisions for fisheries data collection assessments to determine risk and likelihood of causing a HADD and fisheries assessment notifications Projects with a likelihood of causing a HADD are referred directly to DFO for determination of HADD acceptability authorization and compensation The tools necessary for implementing the protocol are available in the ldquoMTODFOMNR Protocol User Field Guiderdquo (2006) and the ldquoMTO Environmental Guide for Fish and Fish Habitatrdquo (MTO 2006) including all applicable notification forms

20

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To ensure its effectiveness the MTODFOMNR Protocol also includes a quality assurancequality control program consisting of staff qualifications training and process audits A Protocol Implementation Team (PIT) consisting of DFO MNR and MTO representatives oversees the implementation and evaluation of the protocol The PIT reports the results of the audits annually to the Aquatic Resources Management Advisory Committee (ARMAC) which in turn reports to Canada - Ontario Fisheries Advisory Board (CONFAB)

Figure 38 in Chapter 3 illustrates the MTO referral process

Copies of the MTODFOMNR Protocol are available from each of the signatory agencies The MTODFOMNR Protocol User Field Guide and MTO Environmental Guide for Fish and Fish Habitat are available from the following MTO website httpwwwmtogovoncaenglishengineeringenvirostandards

27 Ministry of the Environment (MOE)

MOE is responsible for the compliance and enforcement of several statutes which directly or indirectly protect fish habitat by protecting water quality These include the Environmental Protection Act Ontario Water Resources Act Pesticides Act Safe Drinking Water Act Nutrient Management Act and the Ontario Environmental Assessment Act

MOErsquos Certificate of Approval (C of A) process also includes coordination with respective provincial and federal agencies as outlined in various guidelines and policy documents (see Appendix C Guidelines Best Management Practices and Resources)

MOE and the Canadian Environmental Assessment Agency are signatories to the ldquoCanada-Ontario Agreement on Environmental Assessment Cooperationrdquo (the Agreement) through various administrative mechanisms which forms the basis for more effective and efficient cooperation where federal and provincial EA legislation applies to the same project Additional information can be found on the MOEs web site at wwwenegovonca

271 Permit to Take Water All water takings have the potential to

impact fish and fish habitat and the aquatic environment

Section 34 of the Ontario Water Resources Act (OWRA) requires anyone taking more than a total of 50000 litres of water in a day from a lake stream river or groundwater source (with some exceptions) to obtain a Permit to Take Water (PTTW) MOE evaluates each proposed water taking to ensure it meets the principles of the PTTW program including protecting the natural functions of the ecosystem (including fish and fish habitat) preventing unacceptable interference with other water users and fair sharing and conservation of the resource

The processing of applications for a PTTW includes an assessment of compliance with MOE policies guidelines and regulatory requirements as well as a technicalscientific evaluation of the water taking to assess the feasibility and potential for impact

PTTW applications are evaluated in terms of their impact on surface waters and groundwater

Types of Surface Water Taking

Water taking from surface waters occurs primarily in two ways as (a) the withdrawal or diversion of water from a source by pumping or by gravity (extraction) or (b) the taking of water into storage within a flowing water body by damming andor excavating the bed of the flowing water body (on-line storage) A third kind of surface water taking may be identified as the capture of overland runoff into storage facilities (runoff storage) Water takings also vary in the rates amounts timing durations and frequency of the taking

FI

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31


Types of Surface Waters

Surface water sources include lakes ponds that have a connection to a watercourse or receive water mostly from runoff (including artificial ponds) impoundments formed by damming flowing rivers to retain the water (including large reservoirs and small on-stream ponds) wetlands springs and permanent intermittent and ephemeral watercourses of all sizes (including constructed channels) The above sources can be divided into two broad groups standing water bodies (eg lakes ponds and wetlands) and flowing water bodies (eg rivers)

The different types of surface waters listed above as well as individual sources within each type of surface water exhibit great diversity in their physical chemical biological and hydrological characteristics and the dynamic interactions between these As a result a given proposal may pose different levels of risk to different surface waters Surface waters also differ in many other aspects such as the type of primary use they serve the degree of modification by human actions and position in the watershed These factors also influence the level of risk posed by a given taking

Details on the PTTW process and its recent revisions can be found on MOErsquos web site at wwwenegovoncaenvisionwaterpttwhtm

272 How does MOE Evaluate Impacts on Habitat

When considering the need to protect the natural functions of the ecosystem MOE considers the impact of the proposed water taking on habitat that depends on water flow or water levels In the review of permits to take surface water MOE may impose conditions related to the variability of water flow or water levels in order to protect habitat

In the review of permits to take groundwater MOE may impose conditions related to maintenance of water levels maintenance of base flow quantity and quality to protect habitat MOE may consider the projects net benefit impact on water flow and water levels when reviewing the water taking proposal

273 What Other Information does MOE Consider

As part of its review MOE will rely on MNR and DFO to provide comment and recommendations on individual permit applications related to potential impact on habitat Conditions recommended by MNR and DFO may be incorporated into the permit

CAs are notified by MOE of every water taking application within their watershed that is posted on the Environmental Bill of Rights Registry (EBR) In some watersheds the CA has agreed to screen aggregate resource applications with respect to Section 35 of the Fisheries Act Those conditions recommended by the CA may be incorporated in the PTTW

In areas where CAs do not exist or where CAs provide advice under the Planning Act to municipalities but do not review applications for fish or fish habitat impacts MOE will consult as necessary with DFO directly

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274 Aquatic Pesticide (Extermination) Applications

MOE is the provincial agency responsible for the management of pesticides and for reviewing and approving water extermination permits for the use of aquatic pesticides The Pesticides Act and Ontario Regulation 914 provide the provincial regulatory framework and outline the requirements for training licensing permits and pesticide classification that allow MOE to manage pesticide use in aquatic environments Limits and controls are placed on the selection and use of pesticides to protect human health and the environment When necessary MOE will rely on the expertise of DFO and MNR in considering fish habitat protection

MOE encourages the promotion of integrated pest management approaches to reduce the reliance on the use of pesticides and is engaged in various outreach activities to increase public awareness

A water exterminators licence and water extermination permit is required unless the person or circumstance is exempt from the licensing requirement to use a pesticide in a water extermination

The issuing of water extermination permits prevents excessive and indiscriminate use of pesticides by ensuring proper pesticide selection authorizing the amount of pesticide that may be purchased and used setting forth conditions under which it may be used and delineating the treatment area MOE issues water extermination permits for the use of herbicides to control aquatic plants the use of specific larvicides to control mosquitos to manage West Nile Virus and for the use of larvicides for the control of invasive organisms such as sea lamprey and round goby

Additional information related to the requirements and submission of water extermination permits is available on the MOE web site at httpwwwenegovoncaenwaterindexphp

275 Aquatic Herbicides During the permit review process MOE will

circulate an application to the MNR DFO andor the Trent-Severn Waterway (TSW) National Site of Canada in accordance with signed agreements These agreements include

MOEParks Canada - TSW Protocol for nAssessment of Permits to Perform Water Exterminations with Herbicides in TSW Waters (MOETSW Protocol)

MOEDFOMNR Protocol for nAssessment of Permits to Perform Water Exterminations with Herbicides in Ontario Waters (July 2005) (MOEDFOMNR Protocol and

DFOMNR Ontario Guidelines for nAquatic Plant Control (1994) (DFOMNR Guidelines)

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33


Ministry of the EnvironmentTrent-Severn Waterway Protocol

Under the Ministry of the EnvironmentTrent-Severn Waterway Protocol all permit applications received by MOE from proponents requesting authorization to use herbicide to control aquatic plants in waterbodies on the TSW will require written approval from the PCA prior to issuance of a permit by MOE

MOE will rely on the PCA to provide recommendations on the earliest date of treatment with aquatic herbicides for waterbodies on the TSW

Parks Canada is to inform MOE Regional Offices by April 1st of the related year of any known sensitive water bodiesareas that require fish habitat protection

MOEDFOMNR Protocol

Under the MOEDFOMNR Protocol DFO and MNR are to inform MOE Regional Offices by February 1st of each year of any areas of special concern (eg habitat for Species at Risk) where all applications for permits will require a review by DFO or MNR as appropriate

New permit applications that comply with the DFOMNR Guidelines and requests to renew previously approved permits will be reviewed by MOE without circulation to DFO or MNR

Any permit application that does not comply with the DFOMNR Guidelines or that proposes treatment in areas of special concern identified by DFO will be forwarded to the appropriate DFO District Office for review prior to review by MOE DFO will consult with CAsMNR where necessary (eg wetlands)

Any permit application that proposes treatment in areas of special concern identified by MNR will be forwarded to the local MNR District Office for review prior to review by MOE

MOE shall contact the local MNR office for the Fish Timing Window for Work-In-Water Guidelines to determine the acceptable dates for the application of aquatic herbicides

276 Larvicides for Mosquito Control for West Nile Virus

Permit applications for sensitive areas which include critical fish habitat wetlands fish sanctuaries or endangered and threatened species habitat are reviewed in accordance with the ldquoSensitive Areas and Species Protocolrdquo developed cooperatively with the MNR and other environmental agencies

Additional information on the submission and requirements for applying for water extermination permits is available in Appendix D (Note the Sensitive Areas and Species Protocol is under review by MOE and MNR which may result in changes to the current protocol)

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28 Ontario Ministry of Agriculture Food and Rural Affairs (OMAFRA)

While MOE is responsible for the compliance and enforcement of the Nutrient Management Act OMAFRA is responsible through the Nutrient Management Act for training certification and the approval process under the legislation Anyone preparing a Nutrient Management Strategy (NMS) and Nutrient Management Plan (NMP) must be certified In addition any businesses involved in brokering hauling or applying nutrients for phased-in operations must be certified

The review and approval of NMSs and NMPs for farms is done by OMAFRA OMAFRA works closely with farmers in the development and approval of NMSsNMPs offering training and education to help farmers implement best management practices (BMPs) and continue to operate environmentally sustainable agricultural operations NMSsNMPs are used to determine requirements for the storage management transfer and land application of materials containing nutrients including manure biosolids compost fertilizers and runoff These requirements reduce the risk to fish habitat through set-backs to surface water appropriate application rates and spill contingency plans

OMAFRA is also responsible for the general administration of the Drainage Act This provincial statute permits property owners to petition their local municipality for a solution to their drainage problems The local municipality is responsible for administering the communal process under the Drainage Act and once a drainage system is constructed project costs are assessed to the landowners in the catchment area of the drain that has benefited from the drainage Once constructed it is known as a municipal drain and the municipality is responsible for all aspects of managing this drainage infrastructure on behalf of the involved landowners The Drainage Act also empowers the municipality to enforce those sections of the Act that prevent blocking damaging or polluting municipal drains

For more information on agricultural drains refer to sections 214 and 215 Further information on OMAFRA can be found at wwwomafragovonca

29 Conservation Authorities (CA) Ontarios 36 CAs are community based

conservation organizations that provide comprehensive technical planning educational and recreational services For more than 50 years CAs have been empowered by the provincial Conservation Authorities Act to undertake programs to further the conservation restoration development and management of natural resources on a watershed basis Programs are approved and developed in conjunction with watershed municipalities CAs may have at their disposal extensive fish habitat information and may have prepared fisheriesfish habitat management plans that would benefit program development in their watersheds

28(1) Subject to the approval of the Minister an authority may make regulations applicable in the area under its jurisdiction

restricting and regulating the use of water (a) in or from rivers streams inland lakes ponds wetlands and natural or artificially constructed depressions in rivers or streams

prohibiting regulating or requiring (b) the permission of the authority for straightening changing diverting or interfering in any way with the existing channel of a river creek stream or watercourse or for changing or interfering in any way with a wetland

prohibiting regulating or requiring (c) the permission of the authority for development if in the opinion of the authority the control of flooding erosion dynamic beaches or pollution or the conservation of land may be affected by the development

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35


The areas regulated by a CA are defined in the written text of their individual regulation (Section 28) Maps of these regulated areas are registered with the province and are typically used to assist with the implementation of these regulations

CAs also play an important role in source water protection Water is critical to all aspects of our lives and it is important to ensure there is a safe and reliable source of water for all our uses - now and in the future Source water protection is simply protecting surface water sources such as lakes rivers streams and groundwater sources (aquifers) from contamination or overuse All of these sources of water are linked in a watershed through the water cycle

The Government of Ontario has made a commitment to ensure that every watershed in the province has a source water protection plan With their long history in watershed management CAs play a key role in protecting sources of water and aquatic resources by providing technical expertise and advice to assist local municipalities and other stakeholders develop the best approach to protecting local water quality and supplies

Further information can be found on Conservation Ontariorsquos web site at

wwwconservationontarioca

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291 DFO - CA Fish Habitat Agreements

DFO has signed partnership agreements with each of the 36 CAs in Ontario to review proposed projects under Section 35 of the Fisheries Act which deals with the management and protection

of fish habitat There are three different levels of agreement that have been signed between the CAs The following tables provide a definition for each level of agreement and list the agreements in place with the CAs

Table 2 Level of Agreements with Conservation Authorities

Conservation Authorities with Level 1 Agreements



Level of Agreement

Level I

Level II

Level III

Definition

in addition to all of the above the conservation authority works with the proponent and reviews the fish habitat compensation plan The project is then forwarded to the local dfo district office for authorization under the Fisheries Act

The local conservation authority conducts the initial review of the project to identify any impacts to fish and fish habitat if there are potential impacts to fish and fish habitat the project is forwarded to the local dfo district office for further review

in addition to the above the conservation authority determines how the proponent can mitigate any potential impacts to fish and fish habitat if impacts to fish and fish habitat can be mitigated then the ca issues a letter of advice if impacts to fish and fish habitat cannot be fully mitigated the project is forwarded to the local dfo district office for further review

Crowe Valley Conservation AuthorityMattagami Region Conservation Authority

Nickel District Conservation Authority Sault Ste Marie Region Conservation Authority

Ausable Bayfield Conservation AuthorityCataraqui Region Conservation AuthorityCatfish Creek Conservation AuthorityConservation HaltonCredit Valley ConservationGrey Sauble Conservation AuthorityHamilton Region Conservation AuthorityKettle Creek Conservation AuthorityLakehead Region Conservation AuthorityLong Point Region Conservation AuthorityLower Thames Valley Conservation AuthorityLower Trent Region Conservation AuthorityMaitland Valley Conservation Authority

Mississippi Valley Conservation Authority Niagara Peninsula Conservation Authority North Bay - Mattawa Conservation Authority Nottawasaga Valley Conservation Authority Otonabee Region Conservation Authority Quinte Conservation Authority Raisin Region Conservation Authority Rideau Valley Conservation Authority Saugeen Valley Conservation Authority South Nation Conservation Authority St Clair Region Conservation Authority Upper Thames River Conservation Authority

Central Lake Ontario Conservation AuthorityEssex Region Conservation AuthorityGanaraska Region Conservation AuthorityGrand River Conservation Authority

Kawartha Region Conservation Authority Lake Simcoe Region Conservation Authority Toronto Region Conservation Authority

As of September 2007

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37


These agreements were developed to streamline day-to-day referrals in Ontario for projects that may have a shared regulatory interest between DFO and the CAs These agreements were also put in place to improve client service with a ldquoone windowrdquo approach through CAs

Through these agreements initial requests for the review of projects in or near water that may affect fish and fish habitat are referred to the local CA Consequently CAs are often the first point of contact for the majority of projects in and around water in southern Ontario

Depending on the level of agreement CAs will undertake an initial review of the project to determine whether fish habitat may be impacted provide mitigation advice to prevent fish habitat impacts andor review habitat compensation plans in consultation with DFO Projects requiring Fisheries Act review authorization andor assessment under CEAA are forwarded to DFO

Figure 39 in Chapter 3 provides the CADFO referral review process

30

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38

fisH HabiTaT referral reVieW Process floWcHarTs

Figure 31 Risk Management Framework

Figure 32 Agricultural Drain Classification Process

Figure 33 Generalized Process for CEAA Screenings

Figure 34 SARA Referral Review Process

Figure 35 Parks Canada Agency Referral Process

Figure 36 Ministry of Natural Resources Referral Process

Figure 37 Crown Forest Sustainability Act Referral Process

Figure 38 Ministry of Transportation Referral Process

Figure 39 CADFO Referral Process

FI

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39


31 Risk Management Framework

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40


32 Agriculture Drain Classification Process

Habitat Assessment completed Flow Present

(Unknown means no Habitat Assessment record)

AquaticSpeciesAt Risk(Sch1-

ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

NR

(No Date of Last Clean Out = ldquoUnknownrdquo)

STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool

Drain Sampled -Sensitive Species Collected

Drain Not Sampled

Drain Sampled - No Sensitive Species Collected


SensitiveSpecies

Community

Drain Sampled - Sensitive Species Collected

Drain Not Sampled

0 - 10 years

TimeSinceLast CleanOut

gt= 10 years

Unknown

Species at Risk

Work in DryNot Rated

ClassAuthorization

ProjectSpecific

DFO Drain Classification Decision Tree

Site specific review for Species at Risk

Site specific review by Agencies Notification to CA

Drain Super submits notification form which is verified by CA and a Class Authorization is issued

Further data to be collected by CA or proceed with Project Specific Review

TYPE Flow Temperature Species Time Since Last Cleanout Authorization

A Permanent ColdCool Unknown

No known sensitive fish species present NA Class A

B Permanent Warm Sensitive species present Less than 10 years Class B

C Permanent Warm Fish community composed of baitfish present NA Class C

D Permanent ColdCool Unknown

Trout or salmon populations present NA Project Specific

E Permanent Warm Top predators (eg bass) andor ecosys-tem indicator species present

Greater than 10 years Project Specific

F Intermittent NA NA NA None required (work done in dry)

Not Rated Unknown Unknown Unknown Unknown Site specific or

assess drain

SAR NA NA Species at Risk present NA Site specific

Drain Classification Flow Chart

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41


33 Generalized Process for CEAA Screenings

Note Comprehensive studies and panel reviews follow a different process

DOES CEAA APPLY NOCEAA REVIEW

NOT REQUIRED

YES

DETERMINE IF OTHER FEDERAL AUTHORITIES MAY

BE INVOLVED IN THE EADETERMINE IF OTHER

FEDERAL AUTHORITIES MAY BE INVOLVED IN THE EA AND IF THERE IS A PROVINCIAL EA

DETERMINE SCOPE OF PROJECT FACTORS AND SCOPE OF FACTORS

NOTICE OF COMMENCEMENT POSTED ON CEAA REGISTRY

(WITHIN 14 DAYS OF TRIGGERING MUST REMAIN POSTED

FOR A MINIMUM OF 15 DAYS)

CONSIDERATION OF FACTORS

DETERMINE WHETHER PROJECT IS LIKELY TO CAUSE SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS

DECISION ON COURSE OF ACTION

REFER PROJECT TO PANEL OR MEDIATE UNCERTAINTY OF

ADVERSE EFFECTS ON ENVIRONMENT

SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS gt

DO NOT ISSUE FISHERIES ACT AUTHORIZATION

NO SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS

gt ISSUE FISHERIES ACT AUTHORIZATION

REQUEST ADVICE OF EXPERT FAs

PUBLIC PARTICIPATION AT EA(s) DISCRETION

TRIGGER CEAA

30

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34 SARA Referral Review Process

YES

PARTNERS REFER PROJECT TO DFO HABITAT MANAGEMENT STAFF

NO

USING RMF FLOWCHART 31 CONDUCT AQUATIC EFFECTS

ASSESSMENT AND RISK ASSESSMENT

DEVELOPMENT PROPOSAL IN OR NEAR WATER

WHERE SAR ARE PRESENT(USING SAR DISTRIBUTION

MAPPING TOOL)

PARTNER AGENCY PROCEEDS WITH

APPROVAL AND PERMITTING

PROCESS WHERE APPLICABLE

YESALL POTENTIAL IMPACTS TO SAR MITIGATED

NO

DFO ISSUES LOA OR UPON COMPLETION OF RMF REVIEW AND CEAA REVIEW IF APPLICABLE

FISHERIES ACTAUTHORIZATION

NO YES

SARA PERMIT ISSUEDOR DFO ISSUES SARA

COMPLIANT FISHERIES ACT AUTHORIZATION

(CONDITIONS OF SARA PERMIT INCLUDED WITHIN

FA AUTHORIZATION)

YES

IS SAR PERMIT REQUIRED

PROJECT ACTIVITIES THAT MAY CAUSE INCIDENTAL bullHARM TO A SAR IN PARTICULAR THE CONTRAVENTION OF ANY ONE OF THE 3 SARA PROHIBITIONS (SECTIONS 32 33 AND 58) FIELD SURVEYS TO DETECT FISH OR MUSSEL SARbull SAR MUSSEL RELOCATIONS (IE MITIGATION STRATEGY)bull FISH SALVAGE OPERATIONS WHERE THERE IS bullPOTENTIAL HARM TO A SAR

Note that a permit is only required for expatriated endangered or threatened schedule 1 fish or mussel SAR

PROPONENT APPLIESFOR AND

RECEIVES SAR PERMIT

PROJECT REJECTED AS PROPOSED -

PROPONENT ADVISED TO

RELOCATEREDESIGN

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43


35 Parks Canada Agency Referral Process

NO

YES

PCA RECEIVES DEVELOPMENT PROPOSAL

IN OR NEAR WATER

FISH HABITAT IS PRESENT

USING RMF FLOWCHART 31 CONDUCT AQUATIC

EFFECTS ASSESSMENT AND RISK ASSESSMENT

REFER TO SARA FLOW CHART FIGURE 34

NO HADD LIKELY WITH ADDITIONAL MITIGATION SITE SPECIFIC LETTER

OF ADVICE THROUGH OS BMPs OR APPROVED WORK PRACTICES

NO

YES

PCA PROCEEDS WITH APPROVAL AND PERMITTING

PROCESS

ARE AQUATIC SAR PRESENTYES

NO

SIGNIFICANTRISK

HIGHRISK

MEDIUMRISK

LOWRISK

CONSIDER RELOCATEREDESIGN IN

CONSULTATION WITH DFO TO REDUCE RISK

HADD LIKELY - DFO MAY BE A RESPONSIBLE AUTHORITY

UNDER CEAA

PCA FACILITATES PREPARATION OF

COMPENSATION PLANS IN CONSULTATION

WITH DFO AS PER DFO PARTNERSHIP AGREEMENT

AND REFERS PROJECT PROPOSAL TO DFO

RESPONSIBLE AUTHORITY MAKE DECISION ON COURSE

OF ACTION UNDER CEAA SEE FLOWCHART 33

SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS - DO NOT ISSUE FISHERIES

ACT AUTHORIZATION


- ISSUE FISHERIES ACT AUTHORIZATION

SUFFICIENT INFO

PARTNER AGENCY PROCEEDS WITH THEIR APPROVAL AND PERMITTING PROCESS WHERE APPLICABLE

30

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36 Ministry of Natural Resources Referral Process

DEVELOPMENT PROPOSAL IN OR NEAR WATER RECEIVED BY

OMNR

WORK ASSOCIATED WITH A CFSA PROJECT

NO

REFER TO FLOW CHART 37 YES

MNR FORWARDS PROJECT TO CONSERVATION AUTHORITY FOR INITIAL FISHERIES ACT

ASSESSMENT (REFER TO FLOW CHART 39)

MNR PROCEEDS WITH APPROVAL AND PERMITTING PROCESS

WHERE APPLICABLE

YESNO

NO

MNR FORWARDS PROJECT TO DFO FOR FISHERIES ACT

REVIEW SEE FLOW CHART 31

PROJECT PROPOSED IN A CONSERVATION AUTHORITY

WATERSHED

YES

HADD LIKELY

YESNO

WORK IS A CFWIP PROJECT OR SUBJECT

TO MNR S CLASS EA FOR RSFD

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45


37 Crown Forestry Sustainability Act Referral Process

30

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38 Ministry of Transportation Referral Process To be used in conjunction with the User Field Guide for Protecting Fish and Fish Habitat on

Provincial Transportation Undertakings

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47


39 Conservation AuthoritiesFisheries and Oceans Canada Referral Process

YES

YES

NO REFER TO SARA FLOW CHART FLOW CHART 34YES

AQUATIC SPECIES AT RISK PRESENT (USE SAR

DISTRIBUTION MAPS)

USING RMF (FLOW CHART 31) CONDUCT

AQUATIC EFFECTS ASSESSMENT AND RISK

ASSESSMENT

LOWRISK

SIGNIFICANTRISK

MEDIUMRISK

NO SUFFICIENT INFO

DEVELOPMENT PROPOSAL IN OR NEAR

WATER RECEIVED BY CADFO

NO FISH HABITAT PRESENT

LEVELS I CA ISSUES OS OR SEND DEVELOPMENT

PROJECT PROPOSAL TO DFO

CONSIDER RELOCATEREDESIGN IN CONSULTATION WITH DFO TO REDUCE RISK

(CONSULT DFO AS REQUIRED)

HADD LIKELY - CEAA MAY APPLY

LEVEL II PARTNER

FORWARDS PROJECT TO

DFO FOR CEAA ASSESSMENT

COMPENSATION AND FA

AUTHORIZATION

LEVEL III PARTNER

FACILITATES PREPARATION

OF COMPENSATION

PLAN IN CONSULTATION

WITH DFO

COMPLETE REFERRAL PACKAGE

FORWARDED TO DFO FOR CEAA

ASSESSMENT AND FA AUTHORIZATION

LII LIIIPARTNER AGENCY PROCEEDS WITH

THEIR APPROVAL AND PERMITTING PROCESS

WHERE APPLICABLE

NO HADD LIKELY WITH ADDITIONAL MITIGATION SITE SPECIFIC LETTER OF ADVICE THRU OS BMPS OR APPROVED

WORK PRACTICES

OPERATIONAL STATEMENT

NO

YES USE OPERATIONAL STATEMENT

HIGH RISK

PROJECT IDENTIFIED

40

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aPPendiX

APPENDIx A - GLOSSARy OF TERMS

Adverse Effect means one or more of

Impairment of the quality of the natural a environment for any use that can be made of it

Injury or damage to property or to plant or b animal life

Harm or material discomfort to any personc

An adverse effect on the health of any d person

Impairment of the safety of any persone

Rendering any property or plant or animal f life unfit for human use

Loss of enjoyment of normal use of g property and

Interference with the normal conduct of h business (Source Ontario Environmental Protection Act)

Agricultural Operation an agricultural aquacultural horticultural or silvicultural operation

Aquatic Species means a wildlife species that is a fish as defined in Section 2 of the Fisheries Act or a marine plant as defined by Section 47 of that Act (Source SARA)

Aquatic Species at Risk Those aquatic species listed under SARA

Canadian Fisheries Waters Section 2 of the Fisheries Act defines Canadian fisheries waters as all waters in the fishing zones of Canada all waters in the territorial sea of Canada and all internal waters of Canada

Compensation is the replacement of natural habitat increase in the productivity of existing habitat or maintenance of fish production in circumstances where mitigation techniques and other measures are not adequate to maintain fish habitat For further information on these definitions refer to DFOs ldquoPolicy for the Management of Fish Habitatrdquo (1986)

Crown Lands (Federal) means one or more of

Lands that belong to Her Majesty in right a of Canada or that Her Majesty in right of Canada has the power to dispose of and all waters on and airspace above those lands other than lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Yukon Territory the Northwest Territories or Nunavut and lands the management of which has been granted to a port authority under the Canada Marine Act or a not-for-profit corporation that has entered into an agreement under subsection 80(5) of that Act

The following lands and areas namely b

(i) The internal waters of Canada

(ii) The territorial sea of Canada

(iii) The exclusive economic zone of Canada and

(iv) The continental shelf of Canada and

Reserves surrendered lands and any other c lands that are set apart for the use and benefit of a band and are subject to the Indian Act and all waters on and airspace above those reserves or lands (Source Canadian Environmental Assessment Act)

Crown Lands (Provincial) defined in the Public Lands Act as land that is owned by the Province of Ontario and under the management and control of the Minister of Natural Resources

Dam a structure or work forwarding holding back or diverting water and includes a dam tailings dam dike diversion channel alteration artificial channel culvert or causeway (Source Lakes and Rivers Improvement Act)

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49

aPPendiX

Deleterious Substance defined in the Fisheries Act (Section 34) as

Any substance that if added to any water a would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that the water is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water or

Any water that contains a substance in b such quantity or concentration or that has been so treated processed or changed by heat or other means from a natural state that it would if added to any other water degrade or alter or form part of a process of degradation or alteration of the quality of that water so that the water is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water and without limiting the generality of the foregoing includes

Any substance or class of substances c prescribed pursuant to paragraph (2)(a) of Section 34 of the Fisheries Act

Any water that contains any substance d or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b) of Section 34 of the Fisheries Act and any water that has been subjected to a treatment process or change prescribed pursuant to paragraph (2)(c) of Section 34 of the Fisheries Act

Discharge means one or more of the following

to add deposit leak or emit n

an addition deposit emission or leak n(Source Ontario Environmental Protection Act)

Drainage works includes a drain constructed by any means including the improvement of a natural watercourse and includes works necessary to regulate the water table or water level within or on any lands or to regulate the level of the waters of a drain reservoir lake or pond and includes a dam embankment wall protective works or any combination thereof (Source Drainage Act)

Dredge to remove or displace material from any shore lands but does not include removal or displacement relating to the installation of service cables heat loops or water intakes for private residences The term dredge potentially includes the removal of any materials from the beds of lakes rivers or other watercourses and lands within federal jurisdiction such as historic canals (Source Public Lands Act)

Fish defined in Section 2 of the Fisheries Act as including

Parts of fisha

Shellfish crustaceans marine animals and b any parts of shellfish crustaceans or marine animals and

The eggs sperm spawn larvae spat and c juvenile stages of fish shellfish crustaceans and marine animals

Fish Habitat spawning grounds and nursery rearing food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes (Source Section 34(1) of the Fisheries Act)

Farmer the owner or operator of an agricultural operation (Source Nutrient Management Act)

Fishery Officer a person who is designated as a fishery officer pursuant to subsection 5(1) of the Fisheries Act

Lake includes a pond and similar body of water (Source Lakes and Rivers Improvement Act)

40

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aPPendiX

Minister defined for the purpose of this document as either the federal or provincial Minister responsible for the particular legislation referred to

Mitigation is the action taken during the planning design construction and operation of works and undertakings to alleviate potential adverse effects on the productive capacity of fish habitats Mitigation can include a variety of activities (eg relocation or redesign of a project timing of works methods of construction) to avoid or minimize changes to habitat

Municipal Drain a ldquodrainage worksrdquo as defined in the Drainage Act It is a drainage system constructed under the authority of a municipal by-law passed under the Drainage Act These systems can include channels pipes culverts bridges pumping stations or dykes

Natural Environment the air land and water or any combination or part thereof of the Province of Ontario (Source Ontario Environmental Protection Act)

Navigable Waters any body of water capable of being navigated by floating vessels of any description for the purpose of transportation commerce or recreation This includes both inland and coastal waters

Nutrient fertilizers organic materials bio-solids compost manure septage pulp and paper sludge and other materials applied to land for the purpose of improving the growing of agriculture crops (Source Nutrient Management Act)

Park Warden a person who is designated as a National Park Warden under the Canada National Parks Act In addition to being peace officers most park wardens also have special constable and federal Fishery Officer status

Public Lands includes lands heretofore designated as Crown lands school lands and clergy lands (Source Public Lands Act)

River includes a creek stream brook and any similar watercourse (Source Lakes and Rivers Improvement Act)

Sediment particles of solid matter suspended in liquid or settling on the bottom

Shore Lands lands covered or seasonally inundated by the water of a lake river stream or pond (Source Public Lands Act)

Special Constable a unique category of law enforcement officers Unlike police officers whose duties have been established by legislation no specific statutory duties are associated with the office of special constable Instead the legislation merely enables or authorizes special constable appointments for an undefined purpose (to be determined by the appointing authority a police services board or the Commissioner of the Ontario Provincial Police and with the approval of the Minister of Public Safety and Security)

Spill a discharge into the natural environment that is abnormal in quality or quantity in light of all the circumstances of the discharge that causes a defined adverse effect (Source Ontario Environmental Protection Act)

Vessels every description of ship boat or craft of any kind whether propelled by steam or otherwise and whether used as a sea-going vessel or on inland waters only including everything forming part of its machinery tackle equipment cargo stores or ballast (Source Navigable Waters Protection Act)

Water surface water and ground water or either of them (Source Ontario Environmental Protection Act)

Watercourse means an identifiable depression in the ground in which a flow of water regularly or continuously occurs (Source Conservation Authorities Act)

FI

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51

aPPendiX

Water Crossing a bridge culvert or causeway constructed to provide access to two points separated by water O Reg 45396 s 1 (Source Public Lands Act)

Wetland means land that

Is seasonally or permanently covered by a shallow water or has a water table close to or at its surface

Directly contributes to the hydrological b function of a watershed through connection with a surface watercourse

Has hydric soils the formation of which c has been caused by the presence of abundant water and

Has vegetation dominated by hydrophytic d plants or water tolerant plants the dominance of which has been favoured by the presence of abundant water but does not include periodically soaked or wet land that is used for agricultural purposes and no longer exhibits a wetland characteristic referred to in clause (c) or (d) (Source Conservation Authorities Act)

lsquoWorkrsquo in a navigable waterway A work is defined under the Navigable Waters Protection Act as

Any bridge boom dam wharf dock pier a tunnel or pipe and the approaches or other works necessary or appurtenant thereto

Any dumping of fill or excavation of b materials from the bed of a navigable water

Any telegraph or power cable or wire or c

Any structure device or thing whether d similar in character to anything referred to in this definition or not that may interfere with navigation

40

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aPPendiX

APPENDIx B ndash LIST OF ACRONyMS

Agreement - Canada-Ontario Agreement on Environmental Assessment Cooperation

ANSI - Area of Natural and Scientific Interest

ARMAC - Aquatic Resources Management Advisory Committee

BMPs - Best Management Practices

CA - Conservation Authority

C of A - Certificate of Approval

CEAA - Canadian Environmental Assessment Act

CEAR - Canadian Environmental Assessment Registry

CFSA - Crown Forest Sustainability Act

CFWIP - Community Fisheries and Wildlife Involvement Projects

CONFAB - Canada Ontario Fisheries Advisory Board

COSEWIC - Committee on the Status of Endangered Wildlife in Canada

DFO - Fisheries and Oceans Canada

EA - Environmental Assessment

EC - Environment Canada

EPA - Ontario Environmental Protection Act

EPMP - Environmental Process Modernization Plan

EBR - Environmental Bill of Rights Registry

FWCA - Fish and Wildlife Conservation Act

FA - Federal Authority

HADD - Harmful Alteration Disruption or Destruction of fish habitat

LRIA - Lakes and Rivers Improvement Act

MMAH - Ministry of Municipal Affairs and Housing

MOE - Ontario Ministry of the Environment

MNR - Ontario Ministry of Natural Resources

MTO - Ontario Ministry of Transportation

NEB - National Energy Board

NEBA - National Energy Board Act

NMS - Nutrient Management Strategy

NMP - Nutrient Management Plan

NWPA - Navigable Waters Protection Act

NWPP - Navigable Waters Protection Program

OEAA - Ontario Environmental Assessment Act

OMAFRA - Ontario Ministry of Agriculture Food and Rural Affairs

OS - Operational Statement

OWRA - Ontario Water Resources Act

PCA - Parks Canada Agency

PIT - Project Implementation Team

PLA - Public Lands Act

PPS - Provincial Policy Statement

PTTW - Permit to Take Water

RMF - Risk Management Framework

RSFD - Resource Stewardship and Facility Development

SAR - Species at Risk

SARA - Species at Risk Act

TC - Transport Canada

TSW - Trent-Severn Waterway

WMP - Water Management Plan

WNV - West Nile Virus

FI

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53

aPPendiX

APPENDIx C ndash REFERENCE GUIDELINES BEST MANAGEMENT PRACTICES AND RESOURCES

Canada Ontario Agreement on nEnvironmental Assessment Cooperation 2004

Declaration Order Regarding MNRrsquos Class nEA Approval for Forest Management on Crown Lands in Ontario 2003

Fisheries and Oceans Canada 2007 nReference Guide for Fish and Mussel Species at Risk Distribution Maps A Referral Review Tool for Projects Affecting Aquatic Species at Risk

Fisheries and Oceans Canada 1986 nPolicy for the Management of Fish Habitat

Ministry of Natural Resources 2007a nDraft Guideline to Assist MNR Staff in the Review of Wind Power Proposals In or Near Water (Including Water Crossings) Potential Impacts to Fisheries Toronto Ontario 9p

Ministry of Natural Resources 2007b nDraft Wind and Water Power Projects in Ontario The Ministry of Natural Resourcesrsquo Guide to Coordinated Approval Processes

Ministry of Natural Resources 2005 nProtocol for the Review of Water Crossings Proposed Through the Forest Management Planning Process Toronto Ontario 34 p

Ministry of Natural Resources 2004 nForest Management Planning Manual for Ontariorsquos Crown Forests

Ministry of Natural Resources 2003 nA Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects Toronto Ontario 80p

Ministry of Natural Resources 2002 nWater Management Planning Guidelines for Waterpower Toronto Ontario 71p

Ministry of Natural Resources 2000 nForest Operations and Silviculture Manual First Edition 1995 Amended April 1 2000

Ministry of Natural Resources 1999 nNatural Heritage Reference Manual Toronto Ontario 135p

Ministry of Natural Resources 1996 nForest Management Planning Manual

Ministry of Natural Resources 1991 nCode of Practice for Timber Management Operations in Riparian Areas

Ministry of Natural Resources 1990 nEnvironmental Guidelines for Access Road and Water Crossings

Ministry of Natural Resources 1988 nTimber Management Guidelines for the Protection of Fish Habitat

Ministry of Natural Resources 1977 nGuidelines and Criteria for Approvals Under the Lakes and Rivers Improvement Act Toronto Ontario 63p

Ministry of Transportation 2006 nEnvironmental Guide for Fish and Fish Habitat

MTODFOMNR Protocol for Protecting nFish and Fish Habitat on Provincial Transportation Undertakings 2006

User Field Guide to the MTODFO MNR nProtocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings 2006

Practitioners Guide to the Risk Management nFramework for DFO Habitat Management Staff Fisheries and Oceans Canada Habitat Management Program

Practitioners Guide for Writing Letters Used nin Fisheries Act reviews for DFO Habitat Management Staff Fisheries and Oceans Canada Habitat Management Program

Practitioners Guide to Habitat Compensation nfor DFO Habitat Management Staff Fisheries and Oceans Canada Habitat Management Program

Practitioners Guide to Writing a Subsection n35(2) Fisheries Act Authorization for DFO Habitat Management Staff Fisheries and Oceans Canada Habitat Management Program

Practitioners Guide to Letters of Credit for nDFO Habitat Management Staff Fisheries and Oceans Canada Habitat Management Program

40

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aPPendiX

APPENDIx D ndash MNR PROCESS FOR PROVIDING INPUT TO MOE CONCERNING WEST NILE VIRUS LARVICIDE TREATMENTS IN SENSITIVE AREAS

Public health units may order the use of larvicides in sensitive areas to control mosquito populations and the spread of West Nile Virus (WNV) Decisions to implement WNV control measures are based on local risk assessments which include consideration of the results of mosquito larvae surveillance and proximity of areas of standing water to inhabited areas MOE is responsible for regulating and licensing the use of pesticides including the larvicides used to control mosquito populations The bacterial larvicides Bacillus thuringiensis israelensis (Bti) and Bacillus sphaericus are the only mosquito treatment permitted in sensitive areas It targets the larvae of mosquitoes and other dipterans An inter-agency review committee has been established in response to the potential negative impacts of such treatments on rare and sensitive species that may be present in these habitats The committee consists of representatives from MNR MOE EC and DFO

The committee provides a forum for discussion of potential impacts of WNV larvicide treatments on SAR The objective of the committee is to provide the MOE with recommendations regarding which areas are to be treated and how in a manner that will minimize impacts on SAR

Review Process

MOE advises appropriate MNR District 1 Office upon receipt of an application to apply Bti or Bacillus sphaericus in a sensitive area MOE is responsible for providing MNR with information on the Sensitive area to be treated (name and location) and proposed Bti or Bacillus sphaericus treatment schedule Note In order to facilitate information exchange and the decision-making process for WNV larviciding MNR Districts are encouraged to provide public health units and MOE Regional Pesticide Officers with their maps

Provincial digital data may be available via a shared folder at mnrpbapc0888WNv_Maps These maps show health unit boundaries MNR district boundaries Crown land provincial arks federal lands and evaluated wetlands These are intended as a starting point for designated district or parks staff who will be dealing with health units Districts may want to add other or better coverage as required (eg SAR unevaluated wetlands local coverage of wetlands)

MNR District staff accesses the Natural 2 Heritage Information Centres Natural Areas Database to determine if any endangered threatened or otherwise sensitive species are known to be present in the sensitive area Two species lists have been developed one by MNRs SAR Section and the other by Natural Heritage Information Centre These lists will be updated on a regular basis as the evaluation and listingregulation of SAR at both provincial and nationalfederal levels is an ongoing process MNR District staff should contact the SAR Section of Ontario Parks and Natural Heritage Information Centre to ensure that the District Office has the most current versions of the lists

MNR District staff forwards this 3 information in confidence to the inter-agency committee and arranges a meeting or conference call to review the information If a species of concern is found within the sensitive area Ontario Parks SAR Section and the Natural Heritage Information Centre can provide advice on potential impactsreferrals to other experts A site visit may help facilitate the review process

MOE with input from MNR provides a 4 written summary to all participants of the decisions made

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aPPendiX

Fisheries and Oceans Canada

CONTACT ADDRESS TElEPhONEFAx

Burlington 304-3027 Harvester Road Tel 905-639-1835 Burlington ON L7R 4K3 Fax 905-639-3549 referralsburlingtondfo-mpogcca

Kenora PO Box 649 Tel 807-468-6441 1100 3rd Avenue South Fax 807-468-6973 Kenora ON P9N 3X6 referralsthunderbaydfo-mpogcca

Parry Sound 28 Waubeek Street Tel 705-746-2196 Parry Sound ON P2A 1B9 Fax 705-746-4820 referralsparrysounddfo-mpogcca

Peterborough 501 Towerhill Road Unit 102 Tel 705-750-0269 Peterborough ON K9H 7S3 Fax 705-750-4016 referralspeterboroughdfo-mpogcca

Prescott 401 King Street West Tel 613-925-2865 Prescott ON K0E 1T0 Fax 613-925-2245 referralsprescottdfo-mpogcca

London 73 Meg Drive Tel 519-668-2722 London ON N6E 2V2 Fax 519-668-3897 referralslondondfo-mpogcca

Sault Ste Marie 1219 Queen Street East Tel 705-941-2039 Sault Ste Marie ON P6A 2E5 Fax 705-941-2013 referralssaultstemariedfo-mpogcca

Sudbury 1500 Paris Street Unit 11 Tel 705-522-2816 Sudbury ON P3E 3B8 Fax 705-522-6421 referralssudburydfo-mpogcca

Thunder Bay 425-100 Main Street Tel 807-346-8118 Thunder Bay ON P7B 6R9 Fax 807-346-8545 referralsthunderbaydfo-mpogcca


Canadian Coast Guard Rescue Tel 1-800-265-0237 Safety amp Environmental Fax 519-383-1991Response 24h 7 days a week

APPENDIx E ndash CONTACT LIST (ALL AGENCIES)

40

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aPPendiX

Environment Canada


Director Environmental Environment Canada Tel 905-333-3165Enforcement Division 845 Harrington Court Fax 905-333-3952 Ontario Region Burlington ON L7N 3P3

Manager Inspection Section Environment Canada Tel 905-333-3165Environmental Enforcement 845 Harrington Court Fax 905-333-3952 Division Ontario Region Burlington ON L7N 3P3

Manager Investigation Section Environment Canada Tel 416-739-5901Environmental Enforcement 4905 Dufferin Street Fax 416-739-4903 Division Ontario Region Toronto ON M3H 5T4

Manager Environmental Environment Canada Tel 416-739-5908Emergencies Section 4905 Dufferin Street Fax 416-739-4953 Environmental Protection Toronto ON M3H 5T4 24 hr Spills 416-518-3221Operations Division Ontario Region

Parks CanadaCONTACT ADDRESS TElEPhONEFAx

Bruce Peninsula National Park 20 Centennial Drive Tel 519-596-2233 Fathom Five National Marine PO Box 189 Fax 519-596-2062Park Managers of Resource Tobermory ON N0H 2R0Conservation

Georgian Bay Islands Box 9 Tel 705-526-9804National Park Managers of Midland ON L4R 4K6 Fax 705-526-5939Resource Conservation

Point Pelee National Park 407 Monarch Lane RR 1 Tel 519-322-2365Managers of Resource Leamington ON N8H 3V4 Fax 519-322-1277Conservation

Pukaskwa National Park Hwy 627 Hattie Cove Tel 807-229-0801 Managers of Resource PO Box 39 Fax 807-229-2097Conservation Heron Bay ON P0T 1R0

St Lawrence Islands 2 County Road 5 RR 3 Tel 613-923-5261National Park Managers Mallorytown ON K0E 1R0 Fax 613-923-1021of Resource Conservation

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aPPendiX

Parks Canada - Continued


Rideau Canal 34A Beckwith Street South Tel 613-283-5170 Compliance Co-ordinator Smiths Falls ON K7A 2A8 Fax 613-283-0677

Trent Severn Waterway PO Box 567 Tel 705-750-4900Realty Manager Ashburnham Drive Fax 705-742-9644 Peterborough ON K9J 6Z6

Ministry of Natural Resources


Dryden 479 Government Street (Hwy 17) Tel 807-223-3341 Dryden ON P8N 2Z4 Fax 807-223-2824

Fort Frances 922 Scott Street Tel 807-274-5337 Fort Frances ON P9A 1J4 Fax 807-274-5553

Kenora 808 Roberton Street Tel 807-468-2501 Kenora ON P9N 3X9 Fax 807-468-2736

Nipigon 5 Wadsworth Avenue Tel 807-887-5000 Nipigon ON P0T 2J0 Fax 807-887-2993

Red Lake 227 Howey Street Box 5003 Tel 807-727-2253 Red Lake ON P0V 2M0 Fax 807-727-2861

Sioux Lookout 49 Prince Street Tel 807-737-1140 Sioux Lookout ON P8T 1A6 Fax 807-737-3581

Thunder Bay 435 James Street South Tel 807-475-1471 Thunder Bay ON P7E 6S8 Fax 807-475-1527

Chapleau 190 Cherry Street Tel 705-864-1710 Chapleau ON P0M 1K0 Fax 705-864-0681

Cochrane 2 Third Avenue Tel 705-272-4365 Cochrane ON P0L 1C0 Fax 705-272-7183

Hearst 631 Front Street Tel 705-362-4346 Hearst ON P0L 1N0 Fax 705-372-2245

Kirkland Lake 10 Government Road East Tel 705-568-3222 Kirkland Lake ON P2N 3K4 Fax 705-568-3200

Northwest Region District Contact

Northeast Region District Contact

40

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aPPendiX

Ministry of Natural Resources - Continued


North Bay 3301 Trout Lake Road Tel 705-475-5550 North Bay ON P1A 4L7 Fax 705-475-5500

Sault Ste Marie 64 Church Street Tel 705-949-1231 Sault Ste Marie ON P6A 3H3 Fax 705-949-6450

Sudbury 3767 Hwy 69 South Tel 705-564-7823 Sudbury ON P3G 1E7 Fax 705-564-7879

Timmins Hwy 101 East P Bag 3090 Tel 705-235-1300 South Porcupine ON P0N 1H0 Fax 705-235-1377 Wawa Box 1160 Hwy 101 Tel 705-856-2396 Wawa ON P0S 1K0 Fax 705-856-7511

Aurora 50 Bloomington Road West Tel 905-713-7400 Aurora ON L4G 3G8 Fax 905-713-7359

Aylmer 353 Talbot Street West Tel 519-773-9241 Aylmer ON N5H 2S8 Fax 519-773-9014

Bancroft Box 500 106 Monck St Tel 613-332-3940 Bancroft ON K0L 1C0 Fax 613-332-0608 Guelph 1 Stone Road West Tel 519-826-4955 Guelph ON N1G 4Y2 Fax 519-826-4929

Kemptville Box 2002 10 Compus Dr Tel 613-258-8204 Kemptville ON K0G 1J0 Fax 613-258-3920

Midhurst 2284 Nursery Road Tel 705-725-7500 Midhurst ON L0L 1X0 Fax 705-725-7584 Parry Sound 7 Bay Street Tel 705-773-4201 Parry Sound ON P2A 1S4 Fax 705-746-8828

Pembroke 31 Riverside Drive Tel 613-732-3661 Pembroke ON K8A 8R6 Fax 613-732-2972

Southern Region District Contact

FI

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59

aPPendiX



Peterborough 300 Water Street Tel 705-755-2001 Peterborough ON K9J 8M5 Fax 705-755-3125

Great Lakes Management Unit Contact

Erie 659 Exeter Road Tel 519-873-4610 London ON N6E 1L3 Fax 519-873-4645

HuronSuperior Upper Lakes Unit MNR Tel 519-371-0420 1450 7th Avenue East Fax 519-371-5844 Owen Sound ON N4K 2Z1

Ontario 41 Hatchery Lane RR 4 Tel 613-476-2400 Picton ON K0K 2T0 Fax 613-476-7131

Ministry of the Environment


Spills Action Centre 5775 Yonge Street Tel 416-325-3000 North York ON

Central Region Area Contact

Halton Peel 4145 North Service Road Tel 905-319-3847 Suite 300 Fax 905-319-9902 Burlington ON L7L 6A3

Toronto 5775 Yonge Street Tel 416-326-6700 9th Floor Fax 416-325-6345 Toronto ON M2M 4J1

York Durham 230 Westney Road South Tel 905-427-5600 5th Floor Fax 905-427-5602 Ajax ON L1S 7J5

40

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Ministry of the Environment - Continued

CONTACT ADDRESS TElEPhONEFAxSouthwestern Region Area Contact

Barrie 54 Cedar Point Drive Tel 705-739-6441 Barrie ON L4N 5R7 Fax 705-739-6440

London 733 Exeter Road Tel 519-873-5000 London ON N6E 1L3 Fax 519-873-5020

Owen Sound 1580-20th Street East Tel 519-371-2901 Owen Sound ON N4K 6H6 Fax 519-371-2905

Sarnia 1094 London Road Tel 519-336-4030 Sarnia ON N7S 1P1 Fax 519-336-4280

Windsor 4510 Rhodes Drive Bldg Tel 519-948-1464 Unit 620 Fax 519-948-2396 Windsor ON N8W 5K5

West Central Region Area Contact

Guelph 1 Stone Road West 4th Floor Tel 519-826-4255 Guelph ON N1G 4Y2 Fax 519-826-4286

Hamilton 119 King Street West 9th Floor Tel 905-521-7650 Hamilton ON L8P 4Y7 Fax 905-521-7806

St Catharines 301 St Paul Street 9th Floor Tel 905-704-3900 St Catharines ON L2R 3M8 Fax 905-704-4015

Northern Region Area Contact

Kenora 808 Robertson Street Tel 807-462-2718 PO Box 5150 Fax 807-468-2735 Kenora ON P9N 1X9

North Bay 191 Booth Rd Unit 16 Tel 705-497-6865 North Bay ON P1A 4K3 Fax 705-497-6866

Sault Ste Marie 289 Bay Street 3rd Floor Tel 705-942-6354 Sault Ste Marie ON P6A 1W7 Fax 705-942-6327

Sudbury 199 Larch Street Tel 705-564-3237 Sudbury ON P3E 5P9 Fax 705-564-4180

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Thunder Bay 435 James Street South Tel 807-475-1315 3rd Floor Fax 807-473-3160 Thunder Bay ON P7E 6S7

Timmins PO Box 3080 Hwy 101 East Tel 705-235-1500 South Porcupine ON P0N 1H0 Fax 705-235-1520

Eastern Region Area Contact

Belleville 345 College Street East Tel 613-962-9208 Belleville ON K8N 5S7 Fax 613-962-6809

Cornwall 113 Amelia Street 1st Floor Tel 613-933-7402 Cornwall ON K6H 3P1 Fax 613-933-6402

Kingston 1259 Gardiners Road Tel 613-549-4000 Kingston ON K7M 8S5 Fax 613-548-6908

Ottawa 2430 Don Reid Dr Tel 613-521-3450 Ottawa ON K1H 1E1 Fax 613-521-5437

Peterborough 300 Water Street South Tower Tel 705-755-4300 Peterborough ON K9J 8M5 Fax 705-755-4336

Ministry of Agriculture Food and Rural AffairsCONTACT ADDRESS TElEPhONEFAx

Field Manager 581 Huron Street Tel 519-271-7593South West Region Stratford ON N5A 5T8 Fax 519-273-5278Nutrient Management General Inquiries Tel 519-826-6572

Field Manager PO Box 2004 Tel 613-258-8304Eastern Central Kemptville Ontario Fax 613-258-8392and Northern Region General Enquiries Tel 519-826-6572

Drainage Coordinator 1 Stone Road West Tel 519-826-3552Agriculture Land Use Guelph ON N1G 4Y2 Fax 519-826-3259

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Conservation AuthoritiesCONTACT ADDRESS TElEPhONEFAx

Ausable Bayfield 71108 Morrison Line RR 3 Tel 519-235-2610 Exeter ON N0M 1S5 1-888-268-2610 Fax 519-235-1963

Cataraqui Region Box 160 1641 Perth Road Tel 613-546-4228 Glenburnie ON K0H 1S0 Fax 613-547-6474

Catfish Creek RR 5 Tel 519-773-9037 Aylmer ON N5H 2R4 Fax 519-765-1489

Central Lake Ontario 100 Whiting Avenue Tel 905-579-0411 Oshawa ON L1H 3T3 Fax 905-579-0994

Conservation Halton 2596 Britannia Road West RR 2 Tel 905-336-1158 Milton ON L9T 2X6 Fax 905-336-7014

Credit Valley 1255 Old Derry Road Tel 905-670-1615 Mississauga ON L5N 6R4 1-800-668-5557 Fax 905-670-2210

Crowe Valley 70 Hughes Lane Box 416 Tel 613-472-3137 Marmora ON K0K 2M0 Fax 613-472-5516

Essex Region 360 Fairview Avenue West Tel 519-776-5209 Essex ON N8M 1Y6 Fax 519-776-8688

Ganaraska Region PO Box 328 Tel 905-885-8173 Port Hope ON L1A 3W4 Fax 905-885-9824

Grand River 400 Clyde Road Box 729 Tel 519-621-2761 Cambridge ON N1R 5W6 Fax 519-621-4844

Grey Sauble RR 4 Tel 519-376-3076 Owen Sound ON N4K 5N6 Fax 519-371-0437

Hamilton Region PO Box 7099 Tel 905-525-2181 Ext 132 838 Mineral Springs Road Fax 905-648-4622 Ancaster ON L9G 3L3 Kawartha Region 277 Kenrei Park Road RR 1 Tel 705-328-2271 Lindsay ON K9V 4R1 Fax 705-328-2286

Kettle Creek 44015 Ferguson Line RR 8 Tel 519-631-1270 St Thomas ON N5P 3T3 Fax 519-631-5026

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Conservation Authorities - Continued


Lakehead Region Box 10427 Tel 807-344-5857 130 Conservation Road Fax 807-345-9156 Thunder Bay ON P7B 5J9

Lake Simcoe Region Box 282 120 Bayview Parkway Tel 905-895-1281 Newmarket ON L3Y 4X1 Fax 905-853-5881

Long Point Region RR 3 Tel 519-428-4623 Simcoe ON N3Y 4K2 Fax 519-428-1520

Lower Thames Valley 100 Thames Street Tel 519-354-7310 Chatham ON N7L 2Y8 Fax 519-352-3435

Lower Trent Region 441 Front Street Tel 613-394-4829 Trenton ON K8V 6C1 Fax 613-394-5226

Maitland Valley Box 127 93 Marietta Street Tel 519-335-3557 Wroxeter ON N0G 2X0 Fax 519-335-3516 Mattagami Region 100 Lakeshore Road Tel 705-360-1382 Timmins ON P4N 8R5 Fax 705-360-1334

Mississippi Valley Box 268 Tel 613-259-2421 Lanark ON K0G 1K0 Fax 613-259-3468

Niagara Peninsula 250 Thorold Road West Tel 905-788-3135 3rd Floor Fax 905-788-1121 Welland ON L3C 3W2

Nickel District Tom Davies Square Tel 705-674-5249 200 Brady Street Fax 705-674-7939 Sudbury ON P3E 5K3

North Bay-Mattawa 15 Janey Ave Tel 705-474-5420 North Bay ON P1C 1N1 Fax 705-474-9793

Nottawasaga Valley 8195 8th Line Tel 705-424-1479 Utopia ON L0M 1T0 Fax 705-424-2115

Otonabee Conservation 250 Milroy Drive Tel 705-745-5791 Peterborough ON K9H 7M9 Fax 705-745-7488

Quinte Conservation RR 2 2061 Old Hwy 2 Tel 613-968-3434 Belleville ON K8N 4Z2 Fax 613-968-8240

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Raisin Region PO Box 429 Tel 613-938-3611 18045 County Road 2 Fax 613-938-3221 Cornwall ON K6H 5T2

Rideau Valley Box 599 1128 Mill Street Tel 613-692-3571 Manotick ON K4M 1A5 Fax 613-692-0831

Saugeen Valley RR 1 Tel 519-364-1255 Hanover ON N4N 3B8 Fax 519-364-6990

Sault Ste Marie 1100 Fifth Line East RR 2 Tel 705-946-8530 Sault Ste Marie ON P6A 5K7 Fax 705-946-8533

South Nation Box 69 15 Union Street Tel 613-984-2948 Berwick ON K0C 1G0 Fax 613-984-2872

St Clair Region 205 Mill Pond Crescent Tel 519-245-3710 Strathroy ON N7G 3P9 Fax 519-245-3348

Toronto and Region 5 Shoreham Drive Tel 416-661-6600 Downsview ON M3N 1S4 Fax 416-661-6898

Upper Thames River 1424 Clarke Road Tel 519-451-2800 London ON N5V 5B9 Fax 519-451-1188

Conservation Ontario Office Box 11 120 Bayview Parkway Tel 905-895-0716 Newmarket ON L3Y 4W3 Fax 905-895-0751

Transport Canada


Navigable Waters 100 S Front Street Tel 866-821-6631 Protection Program Sarnia ON N7T 2M4

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DGR project Where such arrangements are formal (such as the existence of a Memorandum of Understanding) please include a copy of the documentation for that formal arrangement in your reply Where no such documentation exists please note that the particular arrangement is ldquoinformalrdquo Your response to the Panel should also include instances where you have specifically invited a particular provincial or local-level authority to comment or participate in the technical review as well as instances where these authorities have expressed an interest or desire to comment Please submit this information to the Secretariat by Friday March 16 2012 If you have any questions or require any clarification please do not hesitate to contact me Kelly McGee Co-Manager DGR Joint Review Panel


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40 Appendix



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1

inTroducTion
















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Pesticides Act n



Drainage Act n





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Statement applies





does not apply









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Intent








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Risk Assessment


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Risk Management



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Toronto ON M4T 1M2

416-952-1576


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SARA Permits





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Fish Passage












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MNR Projects









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MOEDFOMNR Protocol









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Level of Agreement

Level I

Level II

Level III

Definition











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ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

NR


STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool


Drain Not Sampled



SensitiveSpecies

Community


Drain Not Sampled

0 - 10 years


gt= 10 years

Unknown

Species at Risk


ClassAuthorization

ProjectSpecific

















assess drain



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NOT REQUIRED

YES



















TRIGGER CEAA

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YES


NO





MAPPING TOOL)





NO



NO YES




FA AUTHORIZATION)

YES





RECEIVES SAR PERMIT



RELOCATEREDESIGN

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NO

YES


IN OR NEAR WATER







NO

YES


PROCESS


NO

SIGNIFICANTRISK

HIGHRISK

MEDIUMRISK

LOWRISK




UNDER CEAA








ACT AUTHORIZATION



SUFFICIENT INFO


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OMNR


NO





WHERE APPLICABLE

YESNO

NO




WATERSHED

YES

HADD LIKELY

YESNO



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YES

YES



DISTRIBUTION MAPS)



ASSESSMENT

LOWRISK

SIGNIFICANTRISK

MEDIUMRISK

NO SUFFICIENT INFO









LEVEL II PARTNER

FORWARDS PROJECT TO


COMPENSATION AND FA

AUTHORIZATION

LEVEL III PARTNER


OF COMPENSATION


WITH DFO






WHERE APPLICABLE


WORK PRACTICES


NO


HIGH RISK

PROJECT IDENTIFIED

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Parts of fisha







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Review Process






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Environment Canada












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Transport Canada



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does not apply









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Toronto ON M4T 1M2

416-952-1576


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32













FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

33






MOEDFOMNR Protocol









20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

34













FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

35







20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

36









Level of Agreement

Level I

Level II

Level III

Definition











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

37






30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

38











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

39



30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

40






ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

NR


STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool


Drain Not Sampled



SensitiveSpecies

Community


Drain Not Sampled

0 - 10 years


gt= 10 years

Unknown

Species at Risk


ClassAuthorization

ProjectSpecific

















assess drain



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

41





NOT REQUIRED

YES



















TRIGGER CEAA

30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

42



YES


NO





MAPPING TOOL)





NO



NO YES




FA AUTHORIZATION)

YES





RECEIVES SAR PERMIT



RELOCATEREDESIGN

FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

43



NO

YES


IN OR NEAR WATER







NO

YES


PROCESS


NO

SIGNIFICANTRISK

HIGHRISK

MEDIUMRISK

LOWRISK




UNDER CEAA








ACT AUTHORIZATION



SUFFICIENT INFO


30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

44




OMNR


NO





WHERE APPLICABLE

YESNO

NO




WATERSHED

YES

HADD LIKELY

YESNO



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

45



30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

46




FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

47



YES

YES



DISTRIBUTION MAPS)



ASSESSMENT

LOWRISK

SIGNIFICANTRISK

MEDIUMRISK

NO SUFFICIENT INFO









LEVEL II PARTNER

FORWARDS PROJECT TO


COMPENSATION AND FA

AUTHORIZATION

LEVEL III PARTNER


OF COMPENSATION


WITH DFO






WHERE APPLICABLE


WORK PRACTICES


NO


HIGH RISK

PROJECT IDENTIFIED

40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

48

aPPendiX


























FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

49

aPPendiX












Parts of fisha







40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

50

aPPendiX

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

51

aPPendiX












40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

52

aPPendiX



















































FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

53

aPPendiX



























40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

54

aPPendiX




Review Process






FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

55

aPPendiX















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

56

aPPendiX

Environment Canada












FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

57

aPPendiX




















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

58

aPPendiX














FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

59

aPPendiX















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

60

aPPendiX

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

61

aPPendiX















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

62

aPPendiX















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

63

aPPendiX
















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

64

aPPendiX












Transport Canada



6From







10 Introduction













40 Appendix



On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

Table of conTenTs

FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

10

1

inTroducTion
















10

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

2

inTroducTion
















Pesticides Act n



Drainage Act n





FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

3














20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

4










Statement applies





does not apply









FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

5



Intent








20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

6







FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

7





Risk Assessment


20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

8


Risk Management



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

9











20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

10








FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

11















20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

12














Toronto ON M4T 1M2

416-952-1576


FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

13















20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

14












SARA Permits





FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

15










20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

16








FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

17
















20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

18










FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

19

















20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

20





Fish Passage












FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

21











20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

22











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

23












20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

24

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

25









MNR Projects









20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

26












FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

27










20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

28

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

29










20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

30
















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

31













20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

32













FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

33






MOEDFOMNR Protocol









20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

34













FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

35







20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

36









Level of Agreement

Level I

Level II

Level III

Definition











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

37






30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

38











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

39



30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

40






ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

NR


STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool


Drain Not Sampled



SensitiveSpecies

Community


Drain Not Sampled

0 - 10 years


gt= 10 years

Unknown

Species at Risk


ClassAuthorization

ProjectSpecific

















assess drain



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

41





NOT REQUIRED

YES



















TRIGGER CEAA

30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

42



YES


NO





MAPPING TOOL)





NO



NO YES




FA AUTHORIZATION)

YES





RECEIVES SAR PERMIT



RELOCATEREDESIGN

FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

43



NO

YES


IN OR NEAR WATER







NO

YES


PROCESS


NO

SIGNIFICANTRISK

HIGHRISK

MEDIUMRISK

LOWRISK




UNDER CEAA








ACT AUTHORIZATION



SUFFICIENT INFO


30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

44




OMNR


NO





WHERE APPLICABLE

YESNO

NO




WATERSHED

YES

HADD LIKELY

YESNO



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

45



30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

46




FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

47



YES

YES



DISTRIBUTION MAPS)



ASSESSMENT

LOWRISK

SIGNIFICANTRISK

MEDIUMRISK

NO SUFFICIENT INFO









LEVEL II PARTNER

FORWARDS PROJECT TO


COMPENSATION AND FA

AUTHORIZATION

LEVEL III PARTNER


OF COMPENSATION


WITH DFO






WHERE APPLICABLE


WORK PRACTICES


NO


HIGH RISK

PROJECT IDENTIFIED

40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

48

aPPendiX


























FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

49

aPPendiX












Parts of fisha







40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

50

aPPendiX

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

51

aPPendiX












40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

52

aPPendiX



















































FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

53

aPPendiX



























40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

54

aPPendiX




Review Process






FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

55

aPPendiX















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

56

aPPendiX

Environment Canada












FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

57

aPPendiX




















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

58

aPPendiX














FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

59

aPPendiX















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

60

aPPendiX

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

61

aPPendiX















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

62

aPPendiX















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

63

aPPendiX
















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

64

aPPendiX












Transport Canada



6From



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

10

1

inTroducTion
















10

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

2

inTroducTion
















Pesticides Act n



Drainage Act n





FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

3














20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

4










Statement applies





does not apply









FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

5



Intent








20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

6







FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

7





Risk Assessment


20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

8


Risk Management



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

9











20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

10








FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

11















20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

12














Toronto ON M4T 1M2

416-952-1576


FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

13















20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

14












SARA Permits





FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

15










20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

16








FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

17
















20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

18










FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

19

















20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

20





Fish Passage












FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

21











20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

22











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

23












20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

24

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

25









MNR Projects









20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

26












FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

27










20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

28

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

29










20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

30
















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

31













20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

32













FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

33






MOEDFOMNR Protocol









20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

34













FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

35







20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

36









Level of Agreement

Level I

Level II

Level III

Definition











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

37






30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

38











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

39



30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

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ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

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STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool


Drain Not Sampled



SensitiveSpecies

Community


Drain Not Sampled

0 - 10 years


gt= 10 years

Unknown

Species at Risk


ClassAuthorization

ProjectSpecific

















assess drain



FI

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RECEIVES SAR PERMIT



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FI

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30

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30

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YES

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DISTRIBUTION MAPS)



ASSESSMENT

LOWRISK

SIGNIFICANTRISK

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LEVEL II PARTNER

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61

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20

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Toronto ON M4T 1M2

416-952-1576


FI

SH

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20

13















20

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SARA Permits





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FI

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17
















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18










FI

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Fish Passage












FI

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20

21











20

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22











FI

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20

23












20

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Ol

24

















FI

SH

H

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Ol

20

25









MNR Projects









20

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26












FI

SH

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20

27










20

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Ol

28

















FI

SH

H

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IT

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EF

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20

29










20

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30
















FI

SH

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Ol

20

31













20

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Ol

32













FI

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20

33






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20

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20

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20

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Level of Agreement

Level I

Level II

Level III

Definition











FI

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30

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FI

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39



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Ol

40






ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

NR


STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool


Drain Not Sampled



SensitiveSpecies

Community


Drain Not Sampled

0 - 10 years


gt= 10 years

Unknown

Species at Risk


ClassAuthorization

ProjectSpecific

















assess drain



FI

SH

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IT

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EF

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l

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30

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NOT REQUIRED

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30

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YES


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MAPPING TOOL)





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FA AUTHORIZATION)

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RECEIVES SAR PERMIT



RELOCATEREDESIGN

FI

SH

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R

EF

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l

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Ol

30

43



NO

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IN OR NEAR WATER







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FI

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47



YES

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DISTRIBUTION MAPS)



ASSESSMENT

LOWRISK

SIGNIFICANTRISK

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NO SUFFICIENT INFO









LEVEL II PARTNER

FORWARDS PROJECT TO


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AUTHORIZATION

LEVEL III PARTNER


OF COMPENSATION


WITH DFO






WHERE APPLICABLE


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PROJECT IDENTIFIED

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FI

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Review Process






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57

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Toronto ON M4T 1M2

416-952-1576


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20

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FI

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26












FI

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20

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28

















FI

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20

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30
















FI

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20

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FI

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20

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EF

ER

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Ol

34













FI

SH

H

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IT

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20

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20

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36









Level of Agreement

Level I

Level II

Level III

Definition











FI

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IT

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R

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20

37






30

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FI

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39



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40






ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

NR


STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool


Drain Not Sampled



SensitiveSpecies

Community


Drain Not Sampled

0 - 10 years


gt= 10 years

Unknown

Species at Risk


ClassAuthorization

ProjectSpecific

















assess drain



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

41





NOT REQUIRED

YES



















TRIGGER CEAA

30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

42



YES


NO





MAPPING TOOL)





NO



NO YES




FA AUTHORIZATION)

YES





RECEIVES SAR PERMIT



RELOCATEREDESIGN

FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

43



NO

YES


IN OR NEAR WATER







NO

YES


PROCESS


NO

SIGNIFICANTRISK

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MEDIUMRISK

LOWRISK




UNDER CEAA








ACT AUTHORIZATION



SUFFICIENT INFO


30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

44




OMNR


NO





WHERE APPLICABLE

YESNO

NO




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YES

HADD LIKELY

YESNO



FI

SH

H

AB

IT

AT

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EF

ER

RA

l

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OT

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Ol

30

45



30

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FI

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l

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OT

OC

Ol

30

47



YES

YES



DISTRIBUTION MAPS)



ASSESSMENT

LOWRISK

SIGNIFICANTRISK

MEDIUMRISK

NO SUFFICIENT INFO









LEVEL II PARTNER

FORWARDS PROJECT TO


COMPENSATION AND FA

AUTHORIZATION

LEVEL III PARTNER


OF COMPENSATION


WITH DFO






WHERE APPLICABLE


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PROJECT IDENTIFIED

40

On

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EF

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48

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52

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FI

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40

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54

aPPendiX




Review Process






FI

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40

55

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40

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56

aPPendiX

Environment Canada












FI

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Ol

40

57

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58

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61

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62

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FI

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63

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does not apply









FI

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Intent








20

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FI

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Risk Assessment


20

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Risk Management



FI

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9











20

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10








FI

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11















20

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Toronto ON M4T 1M2

416-952-1576


FI

SH

H

AB

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R

EF

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RA

l

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OC

Ol

20

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20

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FI

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20

17
















20

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FI

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20

19

















20

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Fish Passage












FI

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Ol

20

21











20

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22











FI

SH

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20

23












20

On

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EF

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Ol

24

















FI

SH

H

AB

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AT

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EF

ER

RA

l

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OT

OC

Ol

20

25









MNR Projects









20

On

TA

RI

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R

EF

ER

RA

l

PR

OT

OC

Ol

26












FI

SH

H

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IT

AT

R

EF

ER

RA

l

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OT

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Ol

20

27










20

On

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ER

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Ol

28

















FI

SH

H

AB

IT

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R

EF

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l

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20

29










20

On

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R

EF

ER

RA

l

PR

OT

OC

Ol

30
















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

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OT

OC

Ol

20

31













20

On

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O

R

EF

ER

RA

l

PR

OT

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Ol

32













FI

SH

H

AB

IT

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R

EF

ER

RA

l

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20

33






MOEDFOMNR Protocol









20

On

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ER

RA

l

PR

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Ol

34













FI

SH

H

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IT

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20

35







20

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Level of Agreement

Level I

Level II

Level III

Definition











FI

SH

H

AB

IT

AT

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EF

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RA

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20

37






30

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EF

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l

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OT

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Ol

38











FI

SH

H

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AT

R

EF

ER

RA

l

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30

39



30

On

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R

EF

ER

RA

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Ol

40






ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

NR


STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool


Drain Not Sampled



SensitiveSpecies

Community


Drain Not Sampled

0 - 10 years


gt= 10 years

Unknown

Species at Risk


ClassAuthorization

ProjectSpecific

















assess drain



FI

SH

H

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AT

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EF

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30

41





NOT REQUIRED

YES



















TRIGGER CEAA

30

On

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R

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Ol

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YES


NO





MAPPING TOOL)





NO



NO YES




FA AUTHORIZATION)

YES





RECEIVES SAR PERMIT



RELOCATEREDESIGN

FI

SH

H

AB

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AT

R

EF

ER

RA

l

PR

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Ol

30

43



NO

YES


IN OR NEAR WATER







NO

YES


PROCESS


NO

SIGNIFICANTRISK

HIGHRISK

MEDIUMRISK

LOWRISK




UNDER CEAA








ACT AUTHORIZATION



SUFFICIENT INFO


30

On

TA

RI

O

R

EF

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44




OMNR


NO





WHERE APPLICABLE

YESNO

NO




WATERSHED

YES

HADD LIKELY

YESNO



FI

SH

H

AB

IT

AT

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RA

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Ol

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45



30

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OT

OC

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46




FI

SH

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AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

47



YES

YES



DISTRIBUTION MAPS)



ASSESSMENT

LOWRISK

SIGNIFICANTRISK

MEDIUMRISK

NO SUFFICIENT INFO









LEVEL II PARTNER

FORWARDS PROJECT TO


COMPENSATION AND FA

AUTHORIZATION

LEVEL III PARTNER


OF COMPENSATION


WITH DFO






WHERE APPLICABLE


WORK PRACTICES


NO


HIGH RISK

PROJECT IDENTIFIED

40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

48

aPPendiX


























FI

SH

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40

49

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Parts of fisha







40

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50

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FI

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RA

l

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OC

Ol

40

51

aPPendiX












40

On

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52

aPPendiX



















































FI

SH

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40

53

aPPendiX



























40

On

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Ol

54

aPPendiX




Review Process






FI

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RA

l

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Ol

40

55

aPPendiX















40

On

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EF

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56

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Environment Canada












FI

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l

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OT

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Ol

40

57

aPPendiX




















40

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58

aPPendiX














FI

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l

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Ol

40

59

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Ol

60

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FI

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40

61

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40

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62

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FI

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40

63

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40

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64

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Transport Canada



6From



FI

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Intent








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FI

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Risk Assessment


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8


Risk Management



FI

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20

9











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10








FI

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20

11















20

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12














Toronto ON M4T 1M2

416-952-1576


FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

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OC

Ol

20

13















20

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SARA Permits





FI

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FI

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20

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Fish Passage












FI

SH

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l

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Ol

20

21











20

On

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EF

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22











FI

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20

23












20

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Ol

24

















FI

SH

H

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EF

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l

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OT

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Ol

20

25









MNR Projects









20

On

TA

RI

O

R

EF

ER

RA

l

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OT

OC

Ol

26












FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

27










20

On

TA

RI

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EF

ER

RA

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OT

OC

Ol

28

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

29










20

On

TA

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EF

ER

RA

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OT

OC

Ol

30
















FI

SH

H

AB

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R

EF

ER

RA

l

PR

OT

OC

Ol

20

31













20

On

TA

RI

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R

EF

ER

RA

l

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OT

OC

Ol

32













FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

33






MOEDFOMNR Protocol









20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

34













FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

35







20

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

36









Level of Agreement

Level I

Level II

Level III

Definition











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

20

37






30

On

TA

RI

O

R

EF

ER

RA

l

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OT

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Ol

38











FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

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Ol

30

39



30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

40






ThEnd)

Flow

SensitiveSpecies

Community

ThermalRegime

SAR

NR

NR

D

A

NR

E

B

C

F

NR


STARTYesCollected

Unknown

Intermittent Flow

NoNot Collected

PermanentUnknown

Warm

ColdCool


Drain Not Sampled



SensitiveSpecies

Community


Drain Not Sampled

0 - 10 years


gt= 10 years

Unknown

Species at Risk


ClassAuthorization

ProjectSpecific

















assess drain



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

41





NOT REQUIRED

YES



















TRIGGER CEAA

30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

42



YES


NO





MAPPING TOOL)





NO



NO YES




FA AUTHORIZATION)

YES





RECEIVES SAR PERMIT



RELOCATEREDESIGN

FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

43



NO

YES


IN OR NEAR WATER







NO

YES


PROCESS


NO

SIGNIFICANTRISK

HIGHRISK

MEDIUMRISK

LOWRISK




UNDER CEAA








ACT AUTHORIZATION



SUFFICIENT INFO


30

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

44




OMNR


NO





WHERE APPLICABLE

YESNO

NO




WATERSHED

YES

HADD LIKELY

YESNO



FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

45



30

On

TA

RI

O

R

EF

ER

RA

l

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OT

OC

Ol

46




FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

30

47



YES

YES



DISTRIBUTION MAPS)



ASSESSMENT

LOWRISK

SIGNIFICANTRISK

MEDIUMRISK

NO SUFFICIENT INFO









LEVEL II PARTNER

FORWARDS PROJECT TO


COMPENSATION AND FA

AUTHORIZATION

LEVEL III PARTNER


OF COMPENSATION


WITH DFO






WHERE APPLICABLE


WORK PRACTICES


NO


HIGH RISK

PROJECT IDENTIFIED

40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

48

aPPendiX


























FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

49

aPPendiX












Parts of fisha







40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

50

aPPendiX

















FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

51

aPPendiX












40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

52

aPPendiX



















































FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

53

aPPendiX



























40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

54

aPPendiX




Review Process






FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

55

aPPendiX















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

56

aPPendiX

Environment Canada












FI

SH

H

AB

IT

AT

R

EF

ER

RA

l

PR

OT

OC

Ol

40

57

aPPendiX




















40

On

TA

RI

O

R

EF

ER

RA

l

PR

OT

OC

Ol

58

aPPendiX














FI

SH

H

AB

IT

AT

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EF

ER

RA

l

PR

OT

OC

Ol

40

59

aPPendiX















40

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TA

RI

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R

EF

ER

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l

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OT

OC

Ol

60

aPPendiX

















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MNR Projects









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Level of Agreement

Level I

Level II

Level III

Definition











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NR

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assess drain



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WHERE APPLICABLE

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DISTRIBUTION MAPS)



ASSESSMENT

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PROJECT IDENTIFIED

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