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CANADIAN WATERS | ![]() |
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2.0 Regulatory ActivitiesRegulatory activities of DFO’s National Habitat Management Program include:
2.1 Review of Development Proposals (Referrals)
|
Table 1a Summary of Habitat Referrals: FY 2001‑2002 |
||||||
---|---|---|---|---|---|---|
REGION | Work Categories | |||||
Aquaculture | Forestry | Instream
Works |
Land Use | Mining | ||
Newfoundland | 62 |
44 |
217 |
479 |
10 |
|
Maritimes | 94 |
47 |
427 |
56 |
3 |
|
Quebec | 12 |
0 |
26 |
11 |
2 |
|
Central & Arctic | 1 |
21 |
963 |
190 |
185 |
|
Pacific | 111 |
726 |
775 |
700 |
646 |
|
TOTAL | 280 |
838 |
2408 |
1436 |
846 |
Table 1b Summary of Habitat Referrals: FY 2001‑2002 |
|||||
---|---|---|---|---|---|
REGION | Work Categories | ||||
Oil & Gas | Roads | Shoreline Works |
Water Mgmt | Other* | |
Newfoundland | 8
|
305
|
258
|
12
|
54
|
Maritimes | 16
|
378
|
436
|
18
|
73
|
Quebec | 4
|
87
|
104
|
75
|
30
|
Central & Arctic | 552
|
928
|
1123
|
183
|
290
|
Pacific | 27
|
502
|
780
|
127
|
249
|
TOTAL | 607
|
2200
|
2701
|
415
|
696
|
*Note: “Other” includes referrals identified
with Work Categories of Deleterious Substances, Hazardous Materials, Research,
Ocean Management,
Ocean Dumping, Power Projects, Railway, Research, Seismic Activities and Class
Screenings of Habitat Restoration projects.
Table 1c Summary of Habitat Referrals: FY 2001‑2002 |
|
---|---|
REGION | Work Categories |
Total
|
|
Newfoundland | 1449
|
Maritimes | 1548
|
Quebec | 351
|
Central & Arctic | 4436
|
Pacific | 4643
|
TOTAL | 12427
|
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Table 2 Authorizations and Advice Reported: FY 2001‑2002 |
|||
---|---|---|---|
REGION |
Authorizations |
Advice Provided to Proponent or Others |
TOTAL |
Newfoundland | 1 |
872 |
873 |
Maritimes | 7 |
1008 |
1015 |
Quebec | 28 |
113 |
141 |
Central & Arctic | 330 |
3311 |
3641 |
Pacific | 72 |
1618 |
1690 |
TOTAL | 438 |
6922 |
7360 |
Note: Table 2 is a summary of all “decisions” as recorded in the
Habitat Referral Tracking System. Advice provided to proponents or others include
advice provided in writing to: federal agencies, provincial/territorial/other
agencies, letters of advice to proponents, letters of approval to proponents,
mitigation measures provided to permitting agencies, specialist advice to federal
agencies and advice provided to the Canadian Coast Guard for the issuance of
approvals under the NWPA.
Newfoundland
Maritimes
Quebec
Central and Arctic
Pacific
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National Headquarters’ C&P Program is responsible for monitoring compliance with legislation and regulations regarding the conservation of fisheries resources and fish habitat. The Minister of DFO appoints Fishery Officers to enforce fisheries regulations and management plans as well as the habitat provisions of the Fisheries Act. In addition to protecting fish habitat, Fishery Officers conduct at-sea patrols in coastal and inshore areas, monitor catches, conduct forensic investigations and audits, conduct inland patrols and provide information to fishermen regarding government policies and regulations. The enforcement and compliance monitoring activities of Fishery Officers are vital to the Habitat Management Program and are key to protecting Canada’s fish and fish habitat.
Six Guiding Principles govern the application of the Fisheries Act in
this regard and are identified in the new Compliance and Enforcement Policy
for the Habitat Protection and Pollution Prevention Provisions of the Fisheries
Act. The Policy was co-developed by DFO and EC and published
in November 2001.
<http://www.ec.gc.ca/ele-ale/policies/c_and_e_fisheries_act/main_e.asp>.
The Guiding Principles are as follows:
Enforcement Activities and Convictions for the Gulf Region are presented separately in this section.
Table 3 summarizes the range of enforcement activities of DFO and EC in fiscal year 2001‑2002.
Table 4 presents a regional summary of 29 convictions under the habitat provisions of the Fisheries Act reported during fiscal year 2001‑2002. Details are provided in regional Supporting Documents available electronically at <http://www.dfo-mpo.gc.ca/canwaters-eauxcan/infocentre/publications/index_e.asp>.
Table 3 Summary of DFO Enforcement Activities FY 2001‑2002 |
|||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
REGION
|
Warnings Issued
|
Charges Laid
|
Charges Pending
|
||||||||
Newfoundland | 16
|
0
|
4
|
||||||||
Maritimes | 4
|
0
|
11
|
||||||||
Gulf | 28 |
3 |
15 |
||||||||
Quebec* | 7
|
2
|
0
|
||||||||
Central & Arctic | 52
|
9
|
33
|
||||||||
Pacific | 135
|
40
|
107
|
||||||||
Environment Canada | 47 |
0 |
0 |
||||||||
TOTAL | 289
|
54
|
170
|
*Since the methods for compiling statistical data agreed upon by the Quebec Wildlife and Parks Corporation differ slightly from those of DFO, they are not reported in this table. For more details, please refer to the Supporting Document of the Quebec Region.
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Table 4 Convictions Reported under the Fisheries Act FY 2001‑2002 |
||||
---|---|---|---|---|
REGION
|
Sections of the Fisheries
Act |
|||
35(1) |
36(3) |
38(6) |
TOTAL |
|
Newfoundland | 0 |
0 |
0 |
0 |
Maritimes | 4 |
0 |
0 |
4 |
Gulf | 3 |
0 |
0 |
3 |
Quebec | 2 |
0 |
0 |
2 |
Central & Arctic | 0 |
0 |
0 |
0 |
Pacific | 4 |
10 |
4 |
18 |
PROVINCES | ||||
Quebec | 1 |
1 |
0 |
2 |
British Columbia | 0 |
0 |
0 |
0 |
Environment Canada | 0 |
0 |
0 |
0 |
TOTAL | 14
|
11
|
4
|
29 |
Note: The number of convictions from Environment Canada reported in the Annual Report for fiscal year 2000‑2001 should be two (2) and not 12.
Newfoundland
There were no convictions in the Newfoundland Region under the habitat protection provisions of the Fisheries Act in fiscal year 2001‑2002. Four charges are pending and C&P staff issued 16 warnings under subsection 35(1) of the Fisheries Act. As well, one prosecution against a forestry company under subsection 35(1) is underway as a result of a siltation incident.
Maritimes
Ten incidents developed into violations of the Fisheries Act (two of these were multiple violations) while several investigations of cases that began in previous years carried over into this fiscal year for a total of 19 violations (4 warnings; 11 charges pending; 4 convictions). The majority of violations dealt with rural and urban developments and many waterfront developments by commerce, industry and the general public.
Gulf
There were three convictions made in the Gulf Region under subsection 35(1) of the Fisheries Act in fiscal year 2001‑2002. Convictions involved forestry operations as well as dam construction. Conservation & Protection staff have 15 charges pending and issued 28 warnings under subsection 35(1).
Quebec
Due to pressures on C&P to monitor and control commercial fishery and poaching activities, no regular monitoring was carried out by the Fishery Officers to ensure compliance with the fish habitat protection provisions of the Fisheries Act.
During fiscal year 2001‑2002, there was an increase in cases concerning fish habitat that needed to be investigated by Fishery Officers. C&P has very little surveillance capacity and cannot insure a minimal follow-up of cases involving fish habitat because of lack of personnel.
DFO Fishery Officers conducted nine investigations in fiscal year 2001‑2002, resulting in seven warnings and two violations. The main cases brought to court during fiscal year 2001‑2002 are summarized in the Supporting Document for the Quebec Region.
Central and Arctic
No convictions were given under the habitat provisions of the Fisheries Act in fiscal year 2001‑2002. A total of 52 warnings were issued, nine charges laid while 33 are still pending.
Pacific
A total of 18 convictions resulted in this fiscal year. The region issued
135 warnings, laid 40 charges while 107 are still pending.
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This section provides highlights of the enforcement program activities of Environment Canada (EC) for the Fisheries Act in fiscal year 2001‑2002. Details are provided in EC’s Supporting Document available electronically at <http://www.dfo-mpo.gc.ca/canwaters-eauxcan/infocentre/publications/index_e.asp>.
During fiscal year 2001‑2002, EC focused on the development of a risk management strategy addressing ammonia, inorganic chloramines and chlorinated wastewater effluents. These substances meet the definition of a “toxic substance” under the Canadian Environmental Protection Act 1999 and are also considered harmful to fish under section 34 of the Fisheries Act.
In fiscal year 2001‑2002, EC worked on amendments to the Pulp and Paper Effluent Regulations (PPER). The amendment necessary for the signing of the proposed Canada-Quebec administrative agreement is to be pre-published in the Canada Gazette Part I in June, 2002 for public review and comments. A general amendment to the PPER is underway to streamline and improve the regulations without altering the values of the discharge limits that currently exist. Both amendments are expected to be published in the Canada Gazette Part II in late fiscal year 2002‑2003.
As part of its compliance promotion program, EC developed a status report on the prevention and control of water pollution in the Canadian metal mining industry. The report was provided to stakeholders and the public in July 2001. A performance report covering the period of 1999‑2000 is expected to be published in the summer of 2002.
Environment Canada, Fisheries and Oceans Canada and the Canadian Food Inspection Agency are responsible for the Canadian Shellfish Sanitation Program. As of April 2001, over 11,500 square kilometres of shellfish areas were classified as approved for harvesting. Approximately 3,300 square kilometres were classified as closed.
Many proposed projects that are required to undergo environmental assessments under the Canadian Environmental Assessment Act (CEAA) include a review of the potential impacts under the pollution prevention provisions of the Fisheries Act. In EC’s Ontario Region, six sewage treatment proposals were reviewed in fiscal year 2001‑2002 under the Canada Infrastructure Program. In EC’s Prairie and Northern Region, over 500 projects were reviewed for potential water quality impacts and Fisheries Act implications.
In EC’s Yukon Region, in association with partners in the Georgia Basin Ecosystem Initiative, a Pesticide Return program was established so that local agricultural producers could return their pesticides at no cost. By the end of fiscal year 2001‑2002, 55,000 kg of unwanted pesticide within the Georgia Basin, in British Columbia were collected and safely destroyed.
In EC’s Pacific and Yukon Region, numerous site assessments and remediation projects were reviewed including abandoned mines. Compliance requirements were also negotiated with DFO and the Province of British Columbia.
The Pollution Prevention (P2) and Non-Point Source Pollution are broad-based initiatives aimed in-part to use various instruments to avoid or minimise the creation of pollutants and waste, as opposed to strictly managing wastes after they have been created. As a result, stakeholders are better able to adopt pollution prevention attitudes and practices to meet the intent of the Fisheries Act. In fiscal year 2001‑2002, a number of activities such as the development of manuals, presentations and meetings with key stakeholders took place.
In fiscal year 2001‑2002, the total number of inspections across Canada increased approximately 5%, from 3,353 to 3,513. In addition to the planned inspections, EC’s enforcement officers who are designated as Fishery Inspectors, also responded to events such as on-scene spill inspections, tips, complaints and referrals.
During fiscal year 2001‑2002, EC maintained and operated bilateral agreements with the provinces of Alberta, Saskatchewan and Quebec. The agreements provide for “a work-sharing arrangement for the cooperative administration of section 36 of the Fisheries Act.” Please refer to EC’s Supporting Document for more details.
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Decisions under certain provisions of the Fisheries Act, in particular, subsection 35(2), trigger the need for an environmental assessment (EA) under CEAA. For projects for which DFO is to make a decision under those provisions of the Fisheries Act, DFO becomes a responsible authority and is required to conduct an EA in accordance with CEAA and consider broader environmental issues than those associated with the habitat protection provisions of the Fisheries Act.
In addition to EAs arising from triggers under the Fisheries Act, the Habitat Management Program is also responsible for EAs required as a result of certain regulatory decisions under the Navigable Waters Protection Act (NWPA) and/or the National Energy Board Act (NEBA), administered by DFO’s Canadian Coast Guard.
In fiscal year 2001‑2002, 828 EAs were started as a result of the Fisheries Act, the NWPA and/or the NEBA. Table 5 provides a summary of EAs initiated, completed and ongoing in each region in fiscal year 2001‑2002.
Table 5 Environmental Assessments by DFO Regions (where Habitat Management is a Responsible Authority) Fiscal Year 2001‑2002 |
|||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
REGION
|
EAs Started (1)
|
EAs Ongoing (2)
|
EAs Concluded or Cancelled (3)
|
||||||||
Newfoundland | 50
|
29
|
47
|
||||||||
Maritimes | 87
|
76
|
62
|
||||||||
Quebec | 60
|
79
|
59
|
||||||||
Central & Arctic | 404
|
182
|
393
|
||||||||
Pacific | 227
|
272
|
147
|
||||||||
TOTAL | 828
|
638
|
708
|
(1) EAs started between April 1, 2001 and March 31, 2002
(2) EAs on-going as of March 31, 2002 (started at any time and not concluded
or cancelled at March 31, 2002)
(3) EAs concluded or cancelled between April 1, 2001 and March 31, 2002 (regardless
of when they were started)
Examples of regional activities during fiscal year 2001‑2002 are highlighted
below. Details are provided in Supporting Documents available electronically
at <http://www.dfo-mpo.gc.ca/canwaters-eauxcan/infocentre/publications/index_e.asp>.
Newfoundland
The region initiated 50 environmental assessments, concluded 47, and had 29 ongoing. Approximately 97% were pursuant to the Fisheries Act and all were at the screening level of assessment with the exception of one which was a comprehensive study. Projects included the following:
Maritimes
This region initiated 87 environmental assessments, concluded 62, and had 76 ongoing projects. These included:
Quebec
This region initiated 60 environmental assessments, concluded 59, and had 79 ongoing. Projects included:
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Central and Arctic
This region initiated 404 environmental assessments, concluded 393, and had 182 ongoing. Projects included:
Pacific
This region initiated 227 environmental assessments, concluded 147, and had 272 ongoing projects. More than 100 of the initiated projects were assessments of proposals for shellfish sites and finfish aquaculture tenure renewals and relocations. There was an increase of 155 ongoing projects from the previous fiscal year. Key projects included:
The need for Standard Operating Policies to assist in achieving greater national
consistency in decision making was identified as a high priority for fiscal
year 2001‑2002. Following national consultations with Habitat Management
staff, the
Practitioners Guide to Habitat Compensation is scheduled to be released for
implementation by regions in fiscal year 2002‑2003.
Three additional policy documents have also been identified to achieve
greater national consistency:
The next step will be to complete the above documents and consolidate them into a Standard Operating Policy document.
Many of DFO’s recommendations to improve CEAA were included in the government’s report and Bill C-19 to amend CEAA, both of which were tabled in Parliament on March 20, 2001. DFO’s recommendations included having the Canadian Environmental Assessment Agency coordinate environmental assessments and having a greater involvement of other departments in the implementation of mitigation measures. The Standing Committee on Environment and Sustainable Development continues its review of Bill C-19. It is expected to take more than one year before the Bill becomes law.
Examples of regional activities in this area during fiscal year 2001‑2002 are highlighted below. Details are provided in Supporting Documents and are available electronically at <http://www.dfo-mpo.gc.ca/canwaters-eauxcan/infocentre/publications/index_e.asp>.
Newfoundland
Quebec
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Central and Arctic
Pacific
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Created: 2004-02-15 Updated: 2004-02-15 Reviewed: 2004-02-15 |