ish need healthy places to live, feed and reproduce. The places that supply fish with their requirements for food, shelter, water, reproduction and growth over their life cycle are called fish habitat. For most fish species, these activities usually occur in nearshore areas. Lakes, reservoirs, rivers, streams, marshes, wetlands, canals, drains, and even hay meadows under water can sustain fish life. If you own or lease waterfront property, or are working on a project in or near water, the area along your shoreline is important for fish habitat.

This introductory fact sheet in the Working Around Water? series describes the different authorities to contact and the legislation that may apply in your province for works occuring in and around water.

The Working Around Water? series of fact sheets provide information on fish habitat to assist you in the planning and approvals processes necessary for different types of work projects and more detailed general information that may affect fish habitat. The fact sheets also outline best practices for common waterfront projects, such as boat house and dock construction, building beaches, controlling aquatic plants, dredging, shoreline construction, erosion control and shoreline restoration.

Whatever your project, our fact sheets can help by explaining who to contact and how to undertake it in a way that is environmentally sound. You can help safeguard the fish in your lake or river and protect fish habitat along your waterfront by carefully planning work projects.

Protecting fish habitat and the Fisheries Act

To ensure that fish habitat is protected, your local provincial regulatory authority(ies), Parks Canada Agency (PCA) sites and Fisheries and Oceans Canada (DFO) all have legal requirements you should be aware of before you start your work project. These requirements may affect how you should proceed with any planned projects in and around water.

For most work projects, you must obtain work permits as required under provincial and federal legislation. Additionally, the federal Fisheries Act provides for the protection of fish habitat. Under the Fisheries Act, no one may carry out any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat (HADD), unless this HADD has been authorized by the Minister of Fisheries and Oceans Canada.

Fisheries Act authorizations may also be required if your project involves blasting in or near water, killing fish by means other than fishing, or creating a barrier to fish migration. Only the Minister of Fisheries and Oceans Canada can authorize these activities. The Act also states that no one is permitted to deposit a deleterious (harmful) substance into water containing fish.

For more details on Fisheries Act authorizations, please see the brochures: What the Law Requires, and Guidelines for Attaining No Net Loss, prepared by DFO. These brochures provide information about the kinds of activities that could adversely affect fish and fish habitat, and explain your responsibilities under the Fisheries Act.

In some instances, additional approvals may be required. For example, some docks may need to be approved by the DFO - Canadian Coast Guard due to navigation concerns under the Navigable Waters Protection Act.

The process can take a while so you should apply for approvals early!

Obtaining approvals - information requirements

Whether applying for provincial or federal work permits or approvals, you will be asked for specific information about your proposed work project. The project can be assessed and approved more efficiently when accurate and detailed information is provided. Therefore, always be sure to include the following basic information with your application:

Your name, address, telephone number, and if available, fax number and e-mail address. Waterbody name and location including lot and concession numbers, county, township, municipality, and if known, latitude and longitude. Proof of ownership of the property(ies) where the work will be done and the most recent legal survey(s). Detailed description of the work site including a signed and dated site map or sketch including dimensions indicating location of existing buildings, property lines and the average annual high-water mark. Copy of your plans including a description of construction details, timing, building techniques and materials. Also, describe any alternative designs considered. Photographs of the work site and the surrounding shoreline during ice-free conditions are optional, but are recommended so that your application can be processed more quickly.

For larger or more complex projects, additional information may be required to properly assess the project, such as: a description of existing fish habitat and fish communities (species names) at or near the site. an evaluation of potential impact on fish and fish habitat and how you intend to reduce or compensate for any HADD. It is a good idea to talk to your local municipality, as well as local contractors, engineers and building supply outlets, to be certain that all aspects of your project are planned properly.

A site visit by agency staff will often be necessary to assess your application.

Fisheries and Oceans Canada, Ontario-Great Lakes area

This series of fact sheets has been developed by Fisheries and Oceans Canada (DFO), together with its partners in Ontario, the Conservation Authorities, the Ontario Ministry of Natural Resources and Parks Canada, as a tool to provide necessary information on environmentally sound practices for common waterfront projects.

To view the complete list of Working Around Water? Fact Sheets and other Fisheries and Oceans Canada publications available, visit our web site at www.dfo-mpo.gc.ca/canwaters-eauxcan and choose the "nfocentre" option followed by "Guidelines & Factsheets".

Provincial legislation with implications for work in and around water in Ontario

The Public Lands Act
The beds of most lakes, rivers and streams are legally public land in Ontario. A work permit is usually needed before proceeding with any work project involving these areas. Even activities such as dredging and filling, that will occur in nearshore areas on private land, may require a work permit.

The Lakes and Rivers Improvement Act
Changing the water flow on your property can affect Ontario's fish and wildlife. A work permit is required for any activity that increases the flow, holds back or diverts water.

The Conservation Authorities Act
Individual watershed-based conservation authorities are empowered to administer resource conservation programs in partnership with municipalities and the province of Ontario. Work permits may be required for activities related to filling, construction and alteration to waterways in flood plain areas.

Your first contact for approvals and permits in Ontario

Start by contacting one of the following agencies in your area:

• If your lot is in a watershed that has a Conservation Authority (CA) - contact your local CA office.
• If there is no CA in your area - contact your local Ontario Ministry of Natural Resources (OMNR) office.
• If your lot fronts onto the Rideau Canal, Trent-Severn Waterway or other federal lands - contact your local Parks Canada Agency (PCA) office.

Whatever agency you contact first, whether it is your local CA, OMNR or PCA office, they can help you determine which requirements apply to your specific project. The provincial regulatory authority(ies) in your area will guide you through the process of obtaining all necessary approvals required under provincial and federal legislation. They can also help you select the best methods to undertake your project in a way that is safe for the environment.

PRIMERS ARE AVAILABLE FOR COMMON WATERFRONT PROJECTS

For an electronic copy of the Drain, Dock or Shore Primer, visit the Fisheries and Oceans Canada web site below and choose the "Infocentre" option followed by "Guidelines & Factsheets".

Working together to protect fish habitat

A goal of fisheries management programs is to achieve a net gain in fish habitat. You can help accomplish this goal by working with agency staff to ensure that fish populations in our lakes, rivers and streams are sustained for future generations.

Other Working Around Water Fact Sheets:

What you should know about Fish Habitat
C-1 Fish Habitat & Docks, Boathouses and Boat Launches
C-2 Fish Habitat & Building a Beach
C-3 Fish Habitat & Building Materials
C-4 Fish Habitat & Shoreline Stabilization
C-5 Fish Habitat & Constructing Ponds
I-1 Fish Habitat & Dredging
I-2 Fish Habitat & Controlling Aquatic Plants
I-3 Fish Habitat & Sunken Log Retrieval
I-4 Fish Habitat & Stream Cleanup
L-1 Obtaining a Fisheries Act Authorization
L-2 Municipal Drains in the Southern Ontario Region
T-1 Fish Habitat and the Effects of Silt and Sediment
T-2 Fish Habitat & Fluctuating Water Levels on the Great Lakes

www.dfo-mpo.gc.ca/canwaters-eauxcan

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