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How Does the Law Apply to Me?

The Habitat Protection Provisions of the Fisheries Act address the impact of an undertaking/work on fish and fish habitat.

Fisheries and Oceans Canada (DFO) reviews projects to evaluate the impact on fish habitat. As the proponent or the owner, you are not obligated to submit a project for review. However, should that project result in a HADD ("harmful alteration, disruption or destruction" of fish habitat) you will be liable under the Fisheries Act. You are responsible for avoiding the HADD.

Why do I have to comply with the law?

Compliance with the law helps to ensure protection of fish and fish habitat that support our fisheries. You are within your legal rights to go ahead with your project without having it reviewed. But if you do, and if you harm fish habitat you are liable to prosecution under the Fisheries Act.

How do I comply with the law?

If you are planning work in or near water, you should be aware of the potential impact your project may have on fish habitat. If you believe your project may impact fish habitat, you should follow the steps described under "What Do I Need to Do?" and submit a "Request for project review" to DFO. As the proponent or the owner, you may also need to contact other regulatory agencies (e.g., federal, provincial or municipal) to ensure compliance with their regulations.