Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations (SOR/2013-191)

Regulations are current to 2019-06-20 and last amended on 2013-11-25. Previous Versions

SCHEDULE 1(Section 1 and paragraph 3(1)(a))Information and Documentation To Be Provided

Contact Information

  • 1 The applicant’s name, address, telephone number and, if applicable, the name, address and telephone number of their duly authorized representative.

Description of Proposed Work, Undertaking or Activity

  • 2 A description of the proposed work, undertaking or activity and, if applicable, of the project of which the proposed work, undertaking or activity is a part, including the purpose of the proposed work, undertaking or activity and, if applicable, of the project, the associated infrastructure, any permanent or temporary structure involved and the construction methodologies, building materials, explosives, machinery and other equipment that will be used.

  • 3 If physical works are proposed, the project engineering specifications, scale drawings and dimensional drawings.

Timeline

  • 4 A description of the anticipated phases, including the sequencing of the phases, of the proposed work, undertaking or activity and, if applicable, of the project of which the proposed work, undertaking or activity is a part and the schedule for carrying on the proposed work, undertaking or activity and, if applicable, the project.

Location

  • 5 A description of the location of the proposed work, undertaking or activity and, if applicable, of the location of the project of which the proposed work, undertaking or activity is a part, including

    • (a) geographic coordinates;

    • (b) a small-scale site plan identifying the overall location and boundaries;

    • (c) a large-scale site plan indicating the size and spatial relationship of the planned facilities, infrastructure and other components and of any existing structures, landmarks, water sources or water bodies and other geographic features; and

    • (d) the name of any watersheds, water sources and water bodies that are likely to be affected and the geographic coordinates of the water sources and water bodies.

  • 6 The name of the community nearest to the location and the name of the county, district or region and the province in which the proposed work, undertaking or activity will be carried on.

Description of Fish and Fish Habitat (Aquatic Environment)

  • 7 A description of the fish and fish habitat found at the location of the proposed work, undertaking or activity and within the area likely to be affected by the proposed work, undertaking or activity, including

    • (a) the type of water source or water body;

    • (b) the characteristics of the water source or water body and how those characteristics directly or indirectly support fish in carrying out their life processes;

    • (c) the fish species that are present and an estimate of the abundance of those species; and

    • (d) a description of how the information provided under paragraphs (a) to (c) was derived, including the sources, methodologies and sampling techniques used.

Description of Effects on Fish and Fish Habitat

    • 8 (1) A description of the likely effects of the proposed work, undertaking or activity on fish that are part of a commercial, recreational or Aboriginal fishery, or on fish that support such a fishery, and the likely effect on the habitat of those fish. The description must include the following information:

      • (a) the fish species that are likely to be affected and the life stages of the individuals of those species;

      • (b) the extent and type of fish habitat that is likely to be affected;

      • (c) the probability, magnitude, geographic extent and duration of the likely effects on fish and fish habitat; and

      • (d) a description of how the information provided under paragraphs (a) to (c) was derived, including the methodologies used.

    • (2) A description of how the effects referred to in subsection (1) are likely to result in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery, and a description of the serious harm to fish.

Measures and Standards to Avoid or Mitigate Serious Harm to Fish

  • 9 A description of the measures and standards that will be implemented to avoid or mitigate the serious harm to fish that is referred to in subsection 8(2), including an analysis of the expected effectiveness of those measures and standards.

  • 10 A description of the monitoring measures that will be put in place to assess the effectiveness of the measures and standards referred to in section 9.

  • 11 A description of the contingency measures that will be implemented if the measures and standards referred to in section 9 are not successful in avoiding or mitigating the serious harm to fish that is referred to in subsection 8(2).

Residual Serious Harm to Fish after Implementation of Avoidance and Mitigation Measures and Standards

  • 12 A quantitative description of the anticipated serious harm to fish that is likely to result from the work, undertaking or activity despite the implementation of the measures and standards referred to in section 9.

Offsetting Plan

  • 13 An offsetting plan in respect of the serious harm to fish referred to in section 12, including

    • (a) a description of the measures that will be implemented to offset the serious harm to fish;

    • (b) an analysis of how those measures will offset the serious harm to fish;

    • (c) a description of the measures and standards that will be put in place during the implementation of the offsetting plan to avoid or mitigate any adverse effects on fish and fish habitat that could result from the implementation and an analysis of how those measures and standards will avoid or mitigate those adverse effects;

    • (d) a description of the monitoring measures that will be put in place to assess the effectiveness of the offsetting measures referred to in paragraph (a);

    • (e) the timeline for the implementation of the offsetting plan;

    • (f) a description of the contingency measures and associated monitoring measures that will be put into place if the measures referred to in paragraph (a) are not successful in offsetting the serious harm to fish;

    • (g) an estimate of the cost of implementing each element of the offsetting plan; and

    • (h) if the implementation of the offsetting plan requires access to lands, water sources or water bodies that are not owned by the applicant, a description of the steps that are proposed to be taken to obtain the authorization required for the applicant, the Department of Fisheries and Oceans and anyone authorized to act on the Department’s behalf to access the lands, water sources or water bodies in question. This information is not required if the applicant is Her Majesty in right of Canada, Her Majesty in right of a province or the government of a territory.

 
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