Home  Environmental Process Modernization Plan

Operational Statements

• Introduction - Overview of Operational Statments
• Frequently Asked Questions

If you are planning to do work in or near water you should be aware of the potential impact your project may have on fish habitat.

Using the interactive map (or the text links provided below), click on the province in which you live to retrieve the appropriate operational statements.

Newfoundland and Labrador  |   Nova Scotia  |   Prince Edward Island  |   New Brunswick  |   Quebec  |   Ontario  |   Manitoba  |   Saskatchewan  |   Alberta  |   British Columbia  |   Yukon  |   Northwest Territories  |   Nunavut

Introduction

OVERVIEW OF OPERATIONAL STATEMENTS

As part of the "Streamlining Referrals" element of the Environmental Process Modernization Plan (EPMP), a series of Operational Statements (OS) has been developed to streamline the Habitat Management Program's (HMP) regulatory review of low risk activities. The OS outline measures and conditions for avoiding the harmful alteration, disruption or destruction (HADD) to fish habitat and thus be in compliance with subsection 35(1) of the Fisheries Act. Proponents are not required to submit their proposal for review by Fisheries and Oceans Canada (DFO) when they incorporate the measures and conditions outlined in the OS into their plans. However, you are asked to complete the Notification Form, and send it to the local DFO office in your area.

The Operational Statements (OS) were developed by HMP and were adapted in each DFO Region to complement existing Provincial and Territorial legislation and standards and specific environmental conditions. The OS also reflect input from federal, provincial and territorial regulatory partners and stakeholders (e.g., industry, resource users, etc.).

Thirteen Operational Statements are currently in use and an additional five were released in August 2006. These Statements include:

1. Aquatic Vegetation Removal
2. Beach Creation
3. Beaver Dam Removal
4. Bridge Maintenance
5. Clear-Span Bridge
6. Culvert Maintenance
7. Directional Drilling
8. Dock Construction
9. Ice Bridges
10. Isolated Pond Construction
11. Overhead Line Construction
12. Routine Maintenance Dredging
13. Underwater Cables
14. Beach Maintenance (Released August 2006)
15. Punch and Bore Crossing (Released August 2006)
16. Log Salvage (Released August 2006)
17. Maintenance of Riparian Vegetation in Rights-of-Way (Released August 2006)
18. Moorings (Released August 2006)

Please note that not all Operational Statements will be released in every Provincial and Territorial jurisdiction. In some jurisdictions, terms and conditions that afford same or better protection to fish habitat already exist and therefore an Operational Statement is not needed.

The following Frequently Asked Questions provide more information on the Operational Statements, such as how to use them, and how to access them.

Frequently Asked Questions

What is the purpose of the Operational Statements (OS)?

The Operational Statements provide nationally consistent advice on standard measures to apply to selected activities that are low risk to fish habitat. There is no need for Fisheries and Oceans Canada (DFO) to review the project when the conditions and measures in the OS are followed.

The OS enable DFO staff to refocus resources onto projects that present a higher risk to fish and fish habitat. This refocus also includes increased monitoring and auditing efforts to determine if the OS are effective at protecting fish and fish habitat.

How do I use an Operational Statement (OS)?

Read the entire Operational Statement (OS) and ensure that it applies to your proposed activity. The bulleted section in the first column of each Statement describes conditions when the OS may or may not apply to your activity. For example, the Beach Creation OS only applies to freshwater systems and the Clear-Span Bridge OS only applies to bridges that are two lanes wide or less. Also review the Measures to Protect Fish and Fish Habitat section to make sure that you can incorporate these measures into your plans.

If you cannot incorporate all of these measures of the Operational Statements (OS) or the OS does not apply to your project then you should contact DFO for a review. If the OS does apply to your project, then you are asked to fill out the notification form, which is attached to the OS, and send it to the closest DFO office to you (either by fax or mail). DFO will use this information when conducting routine monitoring. It is important to keep this OS on site during construction.

How do I access the Operational Statements (OS)?

You can access the Operational Statements (OS) from the Canadian Waters Internet site (http://www.dfo-mpo.gc.ca/canwaters-eauxcan/index_e.asp). You can also receive hard copies of the OS from your local DFO office. From the Operational Statements Main Page, click on the Province or Territory where you will be carrying out your project to find a list of local DFO offices along with contact information.

What do I do if I cannot meet all of the conditions or measures in the Operational Statement (OS)?

If you are unable to meet the conditions or incorporate all of the measures of the OS into your project, you are asked to contact your local DFO office before starting work. DFO staff will be able to advise you on how to proceed with your project while also protecting fish and fish habitat.

What do I do with the Notification Form?

You are asked to complete the Notification Form, and send it to the local DFO office in your area. (Please note that the contact information for the closest DFO offices is listed on the OS.) This information will be used to verify that you are following the measures and conditions of the OS. You should be able to demonstrate that you are complying with the OS if a DFO official arrives at the site.

What happens if an accident occurs which causes negative impacts to fish habitat while I am carrying out my project?

You should contact your local DFO office as soon as possible. DFO staff will provide advice on the necessary steps to follow to protect fish and fish habitat.

Why do the Operational Statements (OS) have a valid date?

During the initial years of implementation the OS will be valid for one year. They will be revised, as required, to address circumstances not previously considered.

Why do the Operational Statements (OS) vary between Provinces and Territories?

Provincial and Territorial (P/T) regulations and guidelines often have differences in their requirements. The OS have been adjusted to support these existing P/T processes in an attempt to prevent conflict and for ease of implementation. However, the regionalized OS do not differ in their underlying principles and their key purpose is to protect fish habitat.

In certain Provinces and Territories an existing guideline or permitting process may already exist. It is important to check with Provincial or Territorial permitting agencies.

Will I be in compliance with other Federal, Provincial and Territorial (FPT) regulations if I use the Operational Statements (OS)?

No. You will be complying with subsection 35(1) of the Fisheries Act by following the conditions and measures in the OS. You will need to verify whether you comply with other FPT legislation. Following the OS Statements only covers the requirements of the Fisheries Act.

If I have questions about the Operational Statements, who can I call?

Contact your local DFO office.