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1 O N T A R I O P R O T O C O L F I S H H A B I T A T P R O T O C O L 2008

2 The Fish Habitat Referral Protocol was produced by the multi-agency Aquatic Resources Management Advisory Committee (ARMAC), more particularly its Regulatory Management Working Group. The Protocol is intended for use internally by agency staff and has been approved for release by the Canada-Ontario Fisheries Advisory Board (CONFAB). If there are any concerns, omissions, corrections or comments, these can be referred to your agency contact represented on the ARMAC. This document has been created for general information, and may not include all regulations associated with aquatic resources. Statute law takes precedence and should be consulted. Cette publication est également disponible en français.

3 1.0 Introduction Table of contents 2.0 Referrals Process Roles and Responsibilities 2.1 Fisheries and Oceans Canada Fisheries Act Risk Management Framework Operational Statement Fisheries Act Review of Agricultural Drain Projects Class Authorization Process for the Maintenance of Municipal Drains Pipeline Projects Canadian Environmental Assessment Act (CEAA) Species at Risk Act (SARA) Parks Canada Agency National Canada Parks Act Canada National Marine Conservation Areas Act Historic Canals Regulations DFO/Parks Canada Fish Habitat Agreement Transport Canada Navigable Waters Protection Act Environment Canada (EC) Ministry of Natural Resources In-water Timing Window Guidelines Lakes and Rivers Improvement Act Public Lands Act (PLA) Aggregate Resources Act Crown Forest Sustainability Act Community Fisheries and Wildlife Involvement Projects (CFWIP) Water Management Planning Guidelines for Waterpower Aquaculture Wind Power Projects Ontario Environmental Assessment Act (OEAA) Provincial Policy Statement (Fish Habitat Section) Ministry of Transportation MTO Projects Ministry of the Environment Permit to take water How does MOE Evaluate Impacts on Habitat? What Other Information does MOE Consider? Aquatic Pesticide (Extermination) Applications Aquatic Herbicides Larvicides for Mosquito Control for West Nile Virus Ontario Ministry of Agriculture, Food and Rural Affairs Conservation Authorities DFO - CA Fish Habitat Agreements Fish Habitat Referral Review Process Flowcharts 3.1 Risk Management Framework Agricultural Drain Classification Process Generalized Process for CEAA Screenings SARA Referral Review Process Parks Canada Agency Referral Process Ministry of Natural Resources Referral Process Crown Forest Sustainability Act Referral Process MTO Referral Process CA / DFO Referral Process Appendix Appendix A Glossary of Terms...48 Appendix B List of Acronyms...52 Appendix C Reference Guidelines, Best Management Practices and Resources...53 Appendix D MNR Process for Providing Input to MOE Concerning West Nile Virus Larvicide Treatments in Sensitive Areas...54 Appendix E Contact List (All Agencies)...55 O N T A R I O P R O T O C O L

4 1.0 introduction F I S H H A B I T A T P R O t o c o l Fish need healthy places to live, feed and reproduce. The places that supply fish with their requirements for food, shelter, water, reproduction, growth and migration throughout their life cycle are called fish habitat (see Appendix A, Glossary of Terms). For most fish species, these activities usually occur in near shore areas of lakes, reservoirs, rivers, streams, marshes, wetlands, canals and drains. In Ontario, many federal, provincial and municipal agencies collaborate in the review of projects in and around water, where fish habitat may be affected. These agencies include: nn Fisheries and Oceans Canada (DFO); nn Parks Canada Agency (PCA); nn Transport Canada (TC); nn Environment Canada (EC); nn Ontario Ministry of Natural Resources (MNR); nn Ontario Ministry of Transportation (MTO); nn Ontario Ministry of the Environment (MOE); nn Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA); and nn Conservation Authorities (CA s). 1 The purpose of this protocol is to outline permitting and approval roles of agencies that have a regulatory responsibility for the review of proposed development projects in and around water where there may be impacts to fish or fish habitat. The protocol summarizes the various roles and responsibilities of these agencies but is not intended to address details of permitting processes outside fish and fish habitat reviews. The intent of this protocol is three-fold: 1. to outline roles and responsibilities of review agencies with a regulatory interest in projects in or near water; 2. to summarize the related pieces of federal and provincial legislation and associated permits and approvals relating to fish and fish habitat; and 3. to provide referral process decision matrices that guide staff through the fish habitat referral review process in Ontario.

5 1.0 introduction The protection of fish and fish habitat is a federal responsibility and is administered by DFO. There are many other agencies in Ontario that also have permitting responsibilities that provide protection for the aquatic environment. It is important that all agencies are aware of each others responsibilities so that they are working together to streamline the approvals process and avoid duplication. This protocol outlines how the fish habitat referral process works in Ontario, with reference to the following pieces of legislation: Federal: n n Fisheries Act; nn Navigable Waters Protection Act (NWPA); nn Species at Risk Act (SARA); nn Canadian Environmental Assessment Act (CEAA); nn National Energy Board Act (NEBA); nn Canada National Parks Act; nn Canada National Marine Conservation Areas Act; and nn Historic Canals Regulations. Provincial: nn Lakes and Rivers Improvement Act (LRIA); nn Public Lands Act (PLA); nn Crown Forest Sustainability Act (CFSA); nn Conservation Authorities Act; nn Ontario Water Resources Act (OWRA); nn Ontario Environmental Assessment Act; nn Pesticides Act; nn Aggregate Resources Act; nn Environmental Protection Act (EPA); nn Drainage Act; nn Safe Drinking Water Act; and nn Nutrient Management Act. Associated with each of the partner agency s review, permitting and approval roles are various compliance and enforcement roles to ensure protection of fish, fish habitat and associated water quality. Compliance plays a key role in the protection of fish habitat and associated water quality environments. A comprehensive description of the legislative roles and responsibilities of the various agencies having enforcement and compliance interests in the protection of fish habitat and associated water quality, is available in the multi-agency Fish Habitat Compliance Protocol. This document also includes a First-on-the-Scene brochure for non-compliance staff (i.e., not enforcement personnel). This brochure provides guidance on the collection of factual or time sensitive information at sites of potential occurrences. O N T A R I O P R O t o c o l 2

6 F I S H H A B I T A T P R O T O C O L With particular attention to fish and fish habitat, the following sections outline the permitting and approval roles of agencies that have a regulatory responsibility for reviewing projects proposed in or near water. 2.1 Fisheries and Oceans Canada The federal government, through DFO, has constitutional responsibility for seacoast and inland fisheries. Specific responsibilities for the management and protection of fish, fish habitat and promotion of fish passage appear in Sections 20 to 22, 30, 32, 35, and 37 of the Fisheries Act. These sections, as well as the Policy for the Management of Fish Habitat (DFO, 1986) (the Policy), provide the legislative and policy guidance for fish habitat management. (Note: The Ministry of Natural Resources manages the fisheries in Ontario - See Section 2.5)) Achievement of the "no net loss" principle of the Policy and enforcement of the Fisheries Act provisions are often undertaken in conjunction with other responsible resource management agencies. Most referral reviews focus on Section 35 of the Fisheries Act which states that only the DFO Minister or a delegated authority within the department may authorize the harmful alteration, disruption or destruction (HADD) of fish habitat as per subsection 35(2). Furthermore, DFO has the legislative responsibility for the protection and recovery of aquatic species at risk (SAR) under SARA as well as responsibility to conduct environmental assessments (EA s) under CEAA, when required. Further information can be found on DFO s web site at: Fisheries Act The federal Fisheries Act provides for the protection of fish habitat, which is defined as: "spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes". Under the Fisheries Act, no one may carry out any work or undertaking that results in a HADD, unless this HADD has been authorized by the Minister of Fisheries and Oceans Canada. Where adverse effects to fish habitat cannot be avoided through project relocation, redesign or mitigation, habitat compensation may be required, and a subsection 35(2) Fisheries Act authorization issued. Where the HADD is not acceptable, the authorization may be refused. An authorization under subsection 35(2) of the Fisheries Act protects an individual from prosecution under the Fisheries Act, provided the conditions of the authorization are met. Violations of subsection 35(2) can result in substantial fines, the risk of imprisonment and a requirement to cover the costs of returning the project site to its original state or other court ordered remedies. A subsection 35(2) Fisheries Act authorization is usually a regulatory trigger for an environmental assessment (EA) under CEAA. CEAA requirements must be completed prior to making a decision on whether to issue a subsection 35(2) Fisheries Act authorization. DFO and / or its partners review projects to evaluate the impact on fish and fish habitat. A proponent is not obligated to submit a project for review, however, should the project result in a HADD, the proponent would be liable under the Fisheries Act. When a project is referred to DFO and / or its partners, they review project information to determine if there is fish habitat affected by the project (Table 2.1). In all cases, permits or approvals may also be required by other regulatory agencies.

7 DFO, Ontario - Great Lakes Area, Fish Habitat Management Program has the mandate for administering the habitat provisions of the Fisheries Act in Ontario. The Fisheries Act sets out some general habitat protection and pollution prevention provisions that are binding on all levels of government and the public (Table 2.2). DFO s Policy for the Management of Fish Habitat (DFO, 1986) guides DFO in the day-to-day implementation of the Fisheries Act throughout Canada. The objective of the Policy is a net gain of productive capacity (i.e., the ability of habitat to produce fish) of fisheries resources which is achieved through the goals of fish habitat conservation, restoration and development (enhancement). Additional information on the Fisheries Act and DFO's Policy for the Management of Fish Habitat is available on DFO s web site at: www. dfo-mpo.gc.ca/oceans-habitat/ O N T A R I O P R O T O C O L Table 2.1 : Determination of Fish Habitat and/or HADD and Action Taken by DFO or Partner Determination of Fish Habitat and / or HADD No fish habitat Fish habitat but HADD can be avoided: Operational Statement applies Fish habitat but HADD unlikely: Operational Statement does not apply Fish habitat with a HADD that is likely Action by DFO / Partner nn DFO / partner will advise that there are no habitat concerns with respect to the Fisheries Act nn DFO has issued Operational Statements for low risk fish habitat projects that provide guidance on how to carry out a work or undertaking in order to avoid negative effects to fish habitat and, therefore, meet the requirements of the Fisheries Act. nn by following the conditions and measures in an Operational Statement, the proponent will be in compliance with subsection 35(1) of the Fisheries Act and may proceed with your project without DFO review nn DFO / partner issue letter of advice (a letter, that is sent to the proponent, states that the project is unlikely to cause a HADD; recommended mitigation measures are listed in the letter) nn DFO / partner may be able to advise of ways to avoid the HADD by either changing location or design or other mitigation measures nn DFO / partner may determine that there is likely a HADD and that it is impractical to change the design or location or take other measures to avoid it nn DFO may determine that the likely HADD is unacceptable and no authorization will be granted nn in other cases, DFO / partner will consider the likely HADD acceptable; DFO will issue an authorization which will include a requirement for a plan to compensate for the loss of fish habitat nn before DFO makes a decision to issue an authorization, an EA is usually required in accordance with CEAA. 4

8 Table 2.2 : Habitat Protection and Pollution Prevention Provisions of the Fisheries Act F I S H H A B I T A T P R O T O C O L Fisheries Act Section Intent 20 The Minister may require fish-ways to be constructed. 22 The Minister may require sufficient flow of water for the safety of fish and flooding of spawning grounds as well as free passage of fish during construction. 30 The Minister may require fish guards or screens to prevent the entrainment of fish at any water diversion or intake. 32 Prohibits the destruction of fish by any means other than fishing. 35 Prohibits works or undertakings that may result in harmful alteration, disruption or destruction of fish habitat, unless authorized by the Minister or under regulations. 36 Prohibits the deposit of deleterious substances into waters frequented by fish, unless authorized under regulations. 5

9 2.1.2 Risk Management Framework The federal government has made a commitment to "Smart Regulation" by modernizing and streamlining regulatory approvals processes. To meet this objective, DFO has implemented the Environmental Process Modernization Plan (EPMP). A key aspect of the EPMP is the development and implementation of a national Risk Management Framework (RMF). The RMF approach (see Figure 3.1 in Chapter 3) allows DFO to strategically shift its focus towards projects that have a higher risk to fish and fish habitat and to streamline the review of routine, low risk projects. The nationally implemented program wide RMF is a science-based decision making framework that categorizes risks to fish and fish habitat associated with development proposals, communicates these risks to proponents and identifies appropriate management options to reduce risks. The RMF further allows resources and efforts to be re-allocated from the review of routine, low risk, predictable projects towards the review of those projects that pose the highest risk to fish habitat. The RMF consists of three components - Aquatic Effects Assessment (the Pathways of Effects), Risk Assessment (the Risk Matrix) and Risk Management (making the decision). An overarching principle which applies to all components of the RFM is risk communication. Effective communication enables proponents and other stakeholders to understand the potential risks that development activities pose to fish and fish habitat, and the methods to avoid or minimize the risk to acceptable levels. Further details are available at: oceans-habitat/habitat/index_e.asp O N T A R I O P R O T O C O L 6

10 F I S H H A B I T A T P R O T O C O L Aquatic Effects Assessment This is a process for project review practitioners and proponents to identify and assess the potential effects of development proposals on fish and fish habitat. It uses a series of diagrams or Pathways of Effects to show how land based and in-water based activities result in effects to fish and fish habitat. The diagrams identify where mitigation measures should be applied to eliminate or reduce these effects. When mitigation measures cannot be applied, or only partially reduce the final effect, then this process identifies the residual negative environmental effects. 7 Risk Assessment This is a process for project review practitioners to determine the level of risk associated with the residual negative environmental effects as identified in the aquatic effects assessment. These are referred to as residual effects. Risk is categorized according to the scale of the negative effect and the sensitivity of fish and fish habitat in the location or area of impact of the proposed activity.

11 Risk Management Once the risk to fish and fish habitat has been categorized, project review practitioners can use the results to support and guide their decision on how to best manage the risk. The Risk Assessment Matrix provides an effective means through which to communicate those decisions to proponents and other stakeholders. The proponent always retains the option of considering additional mitigation measures including relocation and redesign as means of lowering the risk ranking. To manage residual negative effects to fish and fish habitat, the practitioner establishes habitat protection requirements with the proponent to reduce risk to the lowest practical and acceptable levels. These requirements may be contained in guidelines for the proponent to incorporate into their plans or may be specific measures contained in the conditions of a Fisheries Act authorization. O N T A R I O P R O T O C O L 8

12 F I S H H A B I T A T P R O T O C O L Operational Statements One of the means by which DFO is streamlining regulatory approval processes is accomplished through the use of Operational Statements for low risk activities. DFO has released Operational Statements for a number of common development activities that occur within or adjacent to areas of fish habitat. Each Operational Statement provides the public and industry with guidance on how to carry out a work or undertaking in order to avoid negative effects to fish habitat and, therefore, meet the requirements of the Fisheries Act. Operational Statements provide proponents with 'bottom line' advice such that, when followed, a DFO review is not required. The Operational Statements released in Ontario as of the summer of 2007 relate to the following areas (note: additional Operational Statements may be developed): nn Beach Creation; nn Beach Maintenance; nn Beaver Dam Removal; nn Bridge Maintenance; nn Clear Span Bridges; nn Culvert Maintenance; nn Dock and Boathouse Construction; nn High-Pressure Directional Drilling; nn Ice Bridges; nn Isolated Ponds; nn Log Salvage; nn Maintenance of Riparian Vegetation in Existing Rights-of-Ways; nn Moorings; nn Overhead Line Construction; nn Punch and Bore Crossings; and nn Underwater Cables. 9 Operational Statements describe the conditions and the measures to be incorporated into a project in order to avoid negative impacts to fish and fish habitat. When a project meets the requirements outlined in an Operational Statement, proponents are asked to notify DFO before starting work by submitting a completed Notification Form to the local DFO District Office ten (10) days prior to starting work. This information is requested to help evaluate the effectiveness of the Operational Statements and allows DFO to make improvements or adjustments as necessary. For the most current Operational Statements and Notification Form, refer to the DFO web site at: Fisheries Act Review of Agricultural Drain Projects The construction and maintenance of most agricultural drains are subject to the Fisheries Act and Drainage Act, which are administered by DFO and OMAFRA, respectively. The Drainage Act delegates responsibility for drainage to municipalities. Although private drains constructed on agricultural land have no legal status under the Drainage Act, they are subject to review under the Fisheries Act and may indeed be fish habitat. Municipal drains are constructed under the "petition drain" procedures of the Drainage Act. The municipality passes a by-law that adopts a drainage engineer's report containing plans, profiles and specifications. This report forms the basis for municipal drain approvals, construction and maintenance works. Sections 4 and 78 are key sections of the Drainage Act. Section 4 deals with the construction of a new municipal drain where no municipal drain existed. This could include the excavation of a new drain out of dry land or modifying an existing watercourse to meet the drain requirements. Section 78 deals with the modification or improvement to an existing municipal drain.

13 The Conservation Authorities assess potential fish habitat impacts under the Fisheries Act for newly constructed and/or modified drains (Sections 4 and / or 78 of the Drainage Act). Initial notification will include a New Drain Petition Supplement Form which will alert the Conservation Authority (CA) staff to any red flag issues with the drain proposal such as realigning a drain or closing in an open drain. This notification alerts the CA to determine if there is a need to attend the first on-site meeting to discuss potential fish and fish habitat impacts, amongst other considerations. Following the initial on-site meeting when the proposal is accepted as viable, the CA receives the Project Evaluation Form completed and submitted by the drainage engineer. This form contains more specific information on the watercourse such as channel dimensions and habitat features. The CA can then proceed with the review under the Fisheries Act, as per the DFO / CA agreement (see section 2.9). In addition, the CA will likely have a database of fish and fish habitat information as a result of drain classification or through the availability of a fisheries management plan for the watershed. Where the CA lacks fisheries or fish habitat data, MNR provides available fisheries and fish habitat information to municipalities to assist with determining the risk of negatively impacting fish habitat. It should be noted that a work permit may be required for private drains but is not required by MNR under the LRIA (see section 2.5.1) for the installation or maintenance of a municipal drain, subject to the provincial Drainage Act. Work permits under the PLA (see section 2.5.2) administered by MNR are required for drainage works involving dredging and filling of shore lands. For additional information on this process refer to the poster entitled Construction or Improvement of Municipal Drains Class Authorization Process for the Maintenance of Municipal Drains The Conservation Authorities, DFO and others have developed the Class Authorization Process for the Maintenance of Municipal Drains (Class Authorization Process) to streamline approvals under the Fisheries Act for maintaining municipal drains by matching appropriate maintenance or repair activities to the sensitivity of the fish habitat found within the drain. The Fisheries Act provides for the protection of fish and fish habitat. Under the Act, no one may carry out any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat (HADD) unless authorized by the Minister of Fisheries and Oceans Canada. In most instances where a work or undertaking will result in a HADD, DFO must also conduct an assessment under the Canadian Environmental Assessment Act (CEAA) prior to issuing an authorization under the Fisheries Act. However, the maintenance of existing physical works (such as drains) can be excluded from the requirements of CEAA in accordance with the Exclusion List Regulations. Therefore, while drain maintenance works that have the likelihood of impacting fish habitat do not require an environmental assessment under CEAA, they may require a review under the Fisheries Act. As a result, the Class Authorization System was developed to streamline the Fisheries Act review and approval process for drain maintenance activities. This streamlined approach allows for drain maintenance in accordance with the Drainage Act while protecting fish and fish habitat. The process identifies which drains will require individual review and which will receive a Class Authorization. The Class Authorization Process allows the drainage superintendent to have approvals well in advance for the maintenance of municipal drains planned throughout the year. O N T A R I O P R O T O C O L 10

14 F I S H H A B I T A T P R O T O C O L A Drain Classification Process is used to evaluate municipal drains according to flow characteristics, water temperature, sensitivity of the fish species and time since last full clean-out. Drains are then classified as Type A through F based on characteristics identified in Figure 3.2 in Chapter 3. Maintenance on drain types A, B or C can proceed under a type A, B or C Class Authorization for routine maintenance. Work proposed on drain types D or E will require an individual Fisheries Act review and, if required, a project specific Fisheries Act authorization. Type F drains, the works can proceed without notification when the drain has no flowing water. Class Authorizations are reviewed and issued annually by DFO for upcoming drain maintenance projects. Through their partnerships with DFO, CAs often distribute Class Authorizations to their member municipalities on behalf of DFO, following the receipt of the Notification Form from the Drainage Superintendent and confirmation of drain type with DFO. For information on OMAFRA s role on agricultural drains, see section 2.8. For additional information on this process refer to the fact sheet entitled What You Should Know About Fish Habitat and the Class Authorization System for the Maintenance of Agricultural Municipal Drains in Ontario and the poster entitled Maintenance of Municipal Drains Pipeline Projects Based on existing arrangements with TransCanada Pipelines Limited and Enbridge Consumers Gas Ltd., pipeline crossings that are "dry" or trenchless (including small directional drills, and dam and pump or dam and flume crossings) may be undertaken without submitting formal plans to DFO for review. DFO is satisfied that, in most cases, if appropriate techniques and mitigation measures are applied, "dry"/ trenchless watercourse crossings are not likely to result in a HADD. As such, an Operational Statement has been developed for these crossings which outlines the measures that, if followed, allow a project of this nature to proceed without DFO review. It should be noted, however, that permits may be required from other regulatory agencies. All pipeline companies without a DFO arrangement and when an Operational Statement does not apply, should submit their water crossing proposals to the local CA (if applicable) or to DFO for a Fisheries Act review. The CA will review the proposal and, based on their level of agreement with DFO, will determine whether it should be referred to DFO. All pipeline companies are required to submit their proposals to MNR for a work permit, where required. DFO will continue to review all pipeline proposals where a HADD is likely to occur, including, but not necessarily limited to: nn areas where critical life stages of resident fish species are affected; nn "wet" open trench methods are employed; nn channel realignments are involved; nn ground water upwelling is present; or nn impacts to wetlands or other sensitive fish habitat features are expected. DFO will also continue to review proposals where the use of explosives is proposed in or around waters frequented by fish. DFO will share all pertinent information with MNR and the local CA.

15 2.1.7 Canadian Environmental Assessment Act (CEAA) For procedures in this protocol which occur once DFO staff determines that they are considering authorization of a HADD under the Fisheries Act, DFO has concurrent responsibilities under the Canadian Environmental Assessment Act (CEAA) and pursuant to the Canada-Ontario Agreement on Environmental Assessment Coordination. These responsibilities include: nn Coordination with other federal authorities per the Federal Coordination Regulations, as well as with the provincial Ministry of the Environment (for an individual environmental assessment); and nn Consideration of issues related to or outside the domain of fish habitat. In addition, DFO may not require the same level of detail to reach a conclusion under CEAA as it may require for an authorization. Therefore, DFO is positioned to make its EA decision within roughly the same time frame as the provincial Environment Minister s decision on an individual environmental assessment or the clearance of a class EA project. The responsibilities noted above imply environmental assessment activity commencing and being carried out well ahead of the conclusion of a compensation agreement related to fish habitat. For this reason, DFO staff are advised to contact the CEA Agency, Ontario Region as soon as staff become aware of the need for an environmental assessment. This will enable a determination of roles and responsibilities of other federal and provincial agencies specific to CEAA requirements. A flowchart on the generalized process for CEAA Screenings can be found in Chapter 3 (Figure 3.3). Timelines necessary to undertake and complete CEAA requirements will be respected. Agency staff may be reached at: Canadian Environmental Assessment Agency Ontario Region 55 St. Clair Avenue East, Room 907 Toronto, ON M4T 1M More information on CEAA, its requirements, and the Canada-Ontario Agreement on Environmental Assessment Coordination can be found at: O N T A R I O P R O T O C O L 12

16 F I S H H A B I T A T P R O T O C O L Species at Risk Act (SARA) The Species At Risk Act (SARA) was created to prevent wildlife species from becoming extinct. It requires Canada to provide for the recovery of species at risk due to human activity, and to manage species of Special Concern, to prevent them from becoming Endangered or Threatened. The Act covers all wildlife species at risk nationally, their residences and critical habitats, and applies to all lands in Canada. SARA not only prohibits the killing, harming, harassing, capturing or taking of species at risk, but also makes it illegal to destroy their residences and critical habitats. The provisions of SARA: nn set out prohibitions against the killing or harming of a listed species and the destruction of their residences and critical habitats as defined in a SARA compliant Recovery Strategy or Action Plan; nn require other federal departments to consider the impact on a listed species, their residences and critical habitats before issuing authorizations for certain activities; and nn provide for effective enforcement measures and significant penalties where needed to serve as a deterrent. In addition, provisions for Recovery Strategies and Action Plans for listed extirpated, endangered, and threatened species and Management Plans for listed special concern species are addressed in SARA and are to be produced by federal departments. Two federal Ministers are responsible for the administration of SARA. The Minister of Fisheries and Oceans is responsible for aquatic SAR, except for those located in national parks, national historic sites or other protected heritage areas. The Minister of the Environment (through the PCA) is responsible for individuals of SAR found in national parks, national historic sites or other protected heritage areas. The Minister of the Environment is also responsible for all other SAR and for the overall administration of SARA. 13 The review of any proposed projects will take into consideration the protection of SAR, ensuring compliance of the prohibitions of SARA, as described in Sections 32, 33 and 58 (see table below). These prohibitions only apply to endangered or threatened species listed on Schedule 1 of SARA, and to extirpated species only if a SARA-compliant Recovery Strategy recommends its reintroduction to Ontario. When SARA came into force, the definition of environmental effect under CEAA changed to include all wildlife species listed on Schedule 1 of SARA (extirpated, endangered, threatened and special concern species). Projects requiring a CEAA assessment must identify the adverse effects of the project on these Schedule 1 species and must work within SARA compliant Recovery Strategies and Action Plans, if available. Mitigation is required to ensure compliance with SARA for the protection of individual species, their residences and critical habitats. Agreements or permits must be obtained for project activities that may otherwise constitute an offence under SARA. Species at Risk Act Prohibitions 32. (1) No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species. 33. No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada. 58. (1) Subject to this section, no person shall destroy any part of the critical habitat of any listed endangered species or of any listed threatened species or of any listed extirpated species if a Recovery Strategy has recommended the reintroduction of the species into the wild in Canada.

17 The list of species subject to SARA is revised periodically by the Minister of the Environment in response to annual assessments conducted by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). For an up-todate list of wildlife species on each schedule, refer to the SARA Public Registry at: gc.ca/ Review Process for Aquatic SAR To aid partner agencies in the review of project proposals that may impact federally listed aquatic SAR and their habitats, a series of distribution maps has been developed. These distribution maps were designed to help streamline the integration of SARA into the current referral process and to ensure that DFO meets its responsibilities to protect aquatic SAR. Distribution maps for aquatic SAR are provided by DFO to CAs, PCA, MNR and MTO and will be routinely updated. These maps are for use by partners as a screening tool to determine whether aquatic SAR are present at proposed development project sites. A Reference Guide for Fish and Mussel Species at Risk Distribution Maps: A Referral Review Tool for Projects Affecting Aquatic Species at Risk (DFO, 2006) provides further direction on the process to follow for projects proposed within the distribution range of a listed aquatic SAR. Projects that have the potential to contravene SARA must be referred to DFO for review to ensure compliance with SARA. Figure 3.4 in Chapter 3 illustrates the SARA referral review protocol. Under the SARA referral review protocol, partner agencies will refer projects to DFO for review under SARA when it has been determined that Schedule 1 SARA aquatic species are present at the project site and will be potentially impacted by proposed project activities. Projects that require an authorization are referred to DFO following the normal referral review process. For projects that do not require an authorization (i.e., letter of advice issued), the partner agency can continue the review process, as per the current referral process. Aquatic SAR will be protected through the implementation of mitigation measures, or the partner agency can refer the project to DFO to complete the review. For projects that are referred to DFO by a partner agency, DFO will review works or undertakings, prepare authorizations and issue letters of advice in accordance with the provisions in SARA, the Fisheries Act and CEAA. Since many measures in SARA are already within the authority of the Minister of Fisheries and Oceans under the Fisheries Act (e.g., preventing destruction of fish habitat), SARA will not replace, but complement, current responsibilities under the Fisheries Act. SARA Permits SARA permits are necessary when extirpated, endangered or threatened fish or mussels on Schedule 1 of the SARA are affected by a proposed project activity. A SARA permit should be obtained prior to initiation of any project construction activities when: nn project activities may cause incidental harm to a SAR, in particular the contravention of any one of the three SARA prohibitions (Sections 32, 33 and 58); nn field surveys are proposed to detect fish or mussel SAR including any monitoring programs for SAR; and nn mitigation strategies include either SAR mussel relocations or fish salvage operations. O N T A R I O P R O T O C O L 14

18 F I S H H A B I T A T P R O T O C O L 2.2 Parks Canada Agency (PCA) The PCA manages National Parks, National Marine Conservation Areas, National Historic Sites and National Historic Canals, which are a country-wide system of representative areas of Canadian natural and cultural significance. The PCA has a legislated mandate to protect these representative areas for all time. This protection mandate is further strengthened through the Historic Canals Regulations and, in particular, the Canada National Parks Act which states that protecting ecological integrity will take precedence in acquiring, managing and administering heritage places and programs. Further information can be found on PCA s web site at: Canada National Parks Act The National Parks of Canada are dedicated to the people of Canada for their benefit, education and enjoyment, subject to the Canada National Parks Act and its regulations. National parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations. Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Minister of the Environment (and Minister Responsible for the PCA) when considering all aspects of the management of parks. National Park Regulations have been established respecting: the preservation, control and management of parks; the protection of flora, soil, waters, fossils, natural features, air quality, and cultural, historical and archaeological resources; the management and regulation of fishing; and the prevention and remedying of any obstruction or pollution of waterways. National Park Wardens are designated as federal Fishery Officers pursuant to Canada's Fisheries Act Canada National Marine Conservation Areas Act Marine Conservation Areas are established in accordance with the Canada National Marine Conservation Areas Act for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world. Marine Conservation Areas shall be managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function of the ecosystems, including the submerged lands and water column with which they are associated. The Governor in Council may make regulations, consistent with international law, for the control and management of any or all Marine Conservation Areas, including regulations for the protection of ecosystems and elements of ecosystems, and for the management and control of renewable resource harvesting activities.

19 2.2.3 Historic Canals Regulations Historic Canals Regulations are associated with the Trent-Severn Waterway and Rideau Canal. Under these regulations, the bed of most of the lakes and rivers that make up these waterways is under federal jurisdiction. Any in-water and shoreline works within these historic canals require a permit from PCA under the Historic Canal Regulations. Applications are sent to the PCA for approval. If a HADD can be mitigated, appropriate conditions are included in the approval letter sent to the proponent by the PCA. If the work cannot be mitigated, the application is referred to DFO for further Fisheries Act review DFO / Parks Canada Agency Fish Habitat Agreement DFO has agreements in place with the PCA, through which PCA is responsible for conducting the initial review, mitigation requirements and some compensation planning of fish habitat for projects in National Parks, National Marine Conservation Areas, National Historic Canals and National Historic Sites. Projects requiring a Fisheries Act authorization are referred to DFO for review and approval. Figure 3.5 in Chapter 3 illustrates the PCA referral process. O N T A R I O P R O T O C O L 16

20 F I S H H A B I T A T P R O T O C O L 2.3 Transport Canada (TC) The NWPP, administered by TC, is responsible for safeguarding the navigability of all waters including coastal and inland waterways throughout the province, and ensuring the safety of marine navigation with due consideration of the environment. This is accomplished by administering and enforcing the provisions of the federal NWPA and Sections 108 and 109 of the NEBA (for international / inter-provincial pipelines crossing navigable waterways). Under the provisions of the NWPA, it is unlawful to construct or place a work in a navigable waterway without the approval of TC. A work is defined under the NWPA as: a. any bridge, boom, dam, wharf, dock, pier, tunnel or pipe and the approaches or other works necessary or appurtenant thereto, b. any dumping of fill or excavation of materials from the bed of a navigable water, c. any telegraph or power cable or wire, or d. any structure, device or thing, whether similar in character to anything referred to in this definition or not, that may interfere with navigation. Construction of projects without the required approval may be subject to removal at the owner's expense and other legal consequences if they pose an interference to public navigation or navigation safety. TC will forward projects with the potential to impact fish and fish habitat to DFO as per CEAA requirements. Further information can be found on TC s web site at: Navigable Water Protection Act Before you start your project, contact the nearest Navigable Waters Protection Program (NWPP) office in your area to discuss in general terms the construction of the work you are proposing to build. To locate your nearest NWPP office in Ontario, refer to the website ca/marinesafety/oep/nwpp/offices.htm#ontario. The Navigable Waters Protection Officer will assist you in determining what information and documentation is required for preparing and submitting an application under the NWPA. Once you have finalized the project design, submit your application to the nearest NWPP Office. Including details regarding the applicant (either you or your agent), the nature of the work, other approvals obtained, property ownership and drawings and plans of the proposed work. An "Approval" issued under the NWPA authorizes the work only in terms of its effect on navigation and it remains the owner's responsibility to obtain other approvals that may be required. Therefore, early in the planning stage you are encouraged to contact your local conservation authority, provincial ministries of Natural Resources, Environment, and municipal offices to discuss their requirements.

21 2.4 Environment Canada (EC) EC has been assigned responsibility for the administration and enforcement of the Fisheries Act provisions dealing with the deposit of deleterious substances into water frequented by fish (subsection 36(3)) through a 1978 Prime Ministerial decision. The exception is that DFO enforces the Fisheries Act regarding sediment as a deleterious substance. A 1985 Memorandum of Understanding between DFO and EC reiterated the responsibilities of both departments and set out mechanisms for information sharing and cooperation. The Fisheries Act prohibits the deposit of a deleterious substance in waters frequented by fish unless authorized by regulation. The Fisheries Act requires a person to report any deposit out of the normal course of events in the case where there is, or may be, damage or danger to fish, fish habitat or the use of fish by humans. A deleterious substance is defined in part as a substance that when added to water has an impact on fish or fish habitat. Fisheries Act Regulations may require the completion of an EA as part of their activities to achieve compliance. Further information can be found on EC s web site at: Ministry of Natural Resources MNR is the provincial agency responsible for the protection and management of Ontario's natural resources, including the management of fisheries. Specific responsibilities include administering and enforcing the Ontario Fishery Regulations (allocation and licensing of the fisheries resources), fisheries management (e.g., angling, stocking), fisheries management planning, fish and fish habitat information management, and fish habitat rehabilitation. MNR has primary responsibility for several pieces of provincial legislation, such as the PLA, the LRIA and the CFSA, which support the protection of fish habitat. When providing funding and / or land for projects (i.e., Community Fisheries and Wildlife Involvement Projects), MNR continues to review for fish habitat impacts under the Fisheries Act and where capacity exists, continues to provide compliance support. Further information can be found on MNR s web site at: O N T A R I O P R O T O C O L 18

22 F I S H H A B I T A T P R O T O C O L In-water Timing Window Guidelines MNR is the lead agency for setting timing guidelines for work in and around water. Timing guidelines are applied to protect fish from impacts of works or undertakings in and around water during spawning migrations and other critical life history stages. The application of in-water work timing guidelines is consistent with MNR's responsibility as the lead provincial fisheries management agency. MNR develops in-water work timing guidelines on a District by District basis and provides them to DFO, Conservation Authority, and Parks Canada offices that have jurisdictional boundaries within the MNR Districts. MNR will apply in-water work timing guidelines where appropriate, as conditions of work permits issued under the Public Lands Act and the Lakes and Rivers Improvement Act. When multiple agency approvals are given for a single project, the in-water work timing guidelines will be given in the MNR permit and referenced in the other authorization or approvals. Any request by proponents for extensions or exceptions to the guidelines must be directed to and approved by MNR. Other agencies will apply in-water work timing guidelines in their approvals for works in and around water when a MNR work permit is not required such as a DFO authorization or Conservation Authority permit. In these cases, the agency that issues the approval will work with the proponent to ensure that timing windows are met. Any requests by proponents for extensions or exceptions to the in-water work timing guidelines will be approved by the permitting agency. Consultation with MNR staff may be undertaken on a case by case basis if required. Note that timing guidelines have been developed for Operational Statements; please refer to the Ontario In-water Construction Timing Window Guidelines for the Protection of Fish and Fish Habitat Lakes and Rivers Improvement Act MNR is responsible for administering the LRIA and its associated regulations. The LRIA provides for the use of waters of the lakes and rivers in Ontario, regulates improvements in them, and provides for the preservation and equitable exercise of public rights in and over such waters. Specifically, the purposes of this Act are to provide for: a. the management, protection, preservation and use of the waters of the lakes and rivers of Ontario and the land under them; b. the protection and equitable exercise of public rights in or over the waters of the lakes and rivers of Ontario; c. the protection of the interests of riparian owners; d. the management, perpetuation and use of the fish, wildlife and other natural resources dependent on the lakes and rivers; e. the protection of the natural amenities of the lakes and rivers, and their shores and banks; and f. the protection of persons and of property by ensuring that dams are suitably located, constructed, operated and maintained, and are of an appropriate nature with regard to the purposes of clauses (a) to (e). Water Related Structures In accordance with the legislative requirements of the LRIA and Ontario Regulation 454/96, approval must be obtained for any work affecting lakes, ponds, swamps, marshes, bogs and intermittent or permanent rivers, creeks or streams. Where CAs are present and issue approvals under the Conservation Authority Act for construction, alteration and improvement of water related structures, LRIA approval is only required for works involving dams (including maintenance or alterations). Where no CA exists, MNR continues to issue LRIA approval for all applicable activities as described above.

23 For LRIA applications associated with dams, MNR will review applications to provide for ecosystem based water level and flow objectives that will support the ecological sustainability of aquatic systems for the perpetuation of fish, wildlife and other natural resources dependent on the aquatic system. For LRIA applications other than those involving dams, MNR will meet its requirements for the management, perpetuation and use of fish, through review under the Fisheries Act by CA / DFO staff. When the application is in or around water where fish habitat is likely to be altered, MNR will inform the applicant that an approval cannot be issued until the CA / DFO has provided advice on protecting fish habitat. MNR will offer to make the referral to the CA / DFO on behalf of the applicant and copy the applicant. Where works permits are not required, and the work is in water, MNR will advise proponents of the need to have their project reviewed by CA / DFO staff. MNR staff will offer to refer the project to the local CA / DFO on their behalf, and forward all available fisheries and fish habitat information on the proposed project. Fish Passage Review under the Fisheries Act should be used to provide for fish passage in new dams. MNR staff should identify any concerns related to fish passage and fisheries management objectives to CA / DFO staff during the referral process. However, under subsection 17(4) of the LRIA, MNR may order the provisions of free and unobstructed passage of fish up and downstream. MNR should consult with DFO when using this order power. Further details on the MNR review process of LRIA applications are contained within the "Technical Guidelines and Requirements for Approval under the Lakes & Rivers Improvement Act" Public Lands Act (PLA) Under the PLA, MNR is responsible for the management and disposition of public land. Work permits are generally required to: nn construct a building on public land; nn construct most trails, and all water crossings or roads on public land (except those authorized under the CFSA); nn dredge shore lands (shore lands include both public land and adjacent private land covered or seasonally inundated by the waters of a lake, river or stream); nn fill shore lands; nn remove aquatic vegetation from specified shore lands; and nn construct or place a structure occupying more than 15 m2 of shore lands. For activities that require a work permit, MNR will provide an application and instruct the applicant to return the completed application to MNR. If required, MNR will conduct a site inspection to deal with land stewardship responsibilities concerning public land (e.g., the proposed work involves a permanent occupation of public land that requires occupational authority under the PLA). This inspection will not determine if the work is likely to result in a HADD, nor is it intended to provide advice on how to prevent a HADD. If the application involves work in or around water where fish habitat is likely to be altered, MNR will inform the applicant that a work permit cannot be issued until the CA / DFO has provided advice on protecting fish habitat. MNR will offer to make this referral to the CA / DFO on behalf of the applicant and copy the applicant. Where work permits are not required, and the work is in water, MNR will advise proponents of the need to have their project reviewed by CA / DFO staff for fish habitat concerns. MNR staff will offer to refer the project to the CA / DFO on their behalf. When projects are referred to the CA / DFO, MNR will forward all available fisheries and fish habitat information on the proposed project. O N T A R I O P R O T O C O L

24 F I S H H A B I T A T P R O T O C O L Aggregate Resources Act MNR undertakes the following when an application for a new or amended Aggregate Resources Act (ARA) permit or licence is received: nn provides available information on natural resources to proponents / interest groups; nn reviews all new applications and requests for amendments to existing permit/ licences to ensure consistency with the purposes of the ARA; nn ensures that fisheries information and impact analysis in the application and supporting documents or studies is accurate and complete; nn informs the applicant that MNR reviews for compliance with provincial statutes that involve fish and fish habitat, but MNR does not determine if fish habitat is likely to be harmfully altered as this is the responsibility of DFO; and nn advises the proponent to contact DFO to obtain advice on protecting fish habitat or authorization under subsection 35(2) of the Fisheries Act. In some cases, the local CA may provide advice on protecting fish habitat. MNR staff will direct the proponent to refer the project to the local DFO office and/or the local CA, as appropriate. MNR will advise the proponent that review and comment under the federal Fisheries Act may not conform to provincial timelines. MNR reviews all new applications and requests for amendments to existing permit/licences to ensure they are consistent with the purposes of the Aggregate Resources Act. Where fish habitat is identified, the application or request must be circulated to DFO for review with respect to the protection of fish habitat under Section 35 of the federal Fisheries Act. In some cases, the local CA will also receive applications under the ARA where fish habitat is identified. More information on the ARA process can be found in the document Aggregate Resources of Ontario Provincial Standards ( aggregates/standards.html) Crown Forest Sustainability Act The CFSA provides for the sustainability of Crown forests and, in accordance with that objective, Crown forests are managed to meet the social, economic and environmental needs of present and future generations. The CFSA is binding on the Crown and MNR must abide by it. The CFSA, through its regulations, requires adherence to a set of manuals, including the "Forest Management Planning Manual" (MNR, 1996 and 2004) and the "Forest Operations and Silviculture Manual" (MNR, 2000) (see ontariosforests.mnr.gov.on.ca). The "Forest Operations and Silviculture Manual" requires forest operations to be conducted in accordance with various listed standards and guidelines, including the "Timber Management Guidelines for the Protection of Fish Habitat" (MNR, 1988), the "Environmental Guidelines for Access Roads and Water Crossings" (MNR, 1990) and the "Code of Practice for Timber Management Operations in Riparian Areas"(MNR, 1991). These guides provide mandatory standards and / or BMPs that protect water quality and fish habitat. Additional guidance for the protection of water quality and fish habitat has been provided through conditions associated with the Declaration Order Regarding MNR s Class EA Approval for Forest Management on Crown Lands in Ontario (2003). Condition 25b resulted in the development of a Protocol for the Review of Water Crossings Proposed through the Forest Management Planning Process (MNR, 2005).

25 Forest companies monitor their operations for compliance through their forest compliance plan. MNR compliance inspectors apply the 'remedies and enforcement' provisions of the CFSA and various other statutes (in addition to the CFSA) which relate to forest operations, including referring possible violations of the Fisheries Act to DFO. Activities that are not in accordance with the approved Forest Management Plans / Annual Work Schedules and / or do not follow the practices set out in the "Forest Operations and Silviculture Manual" are infractions under the CSFA. Stop Work Orders are used to prevent, stop or reduce damage to the Crown forest where operations are causing or are likely to cause loss or damage that impairs or is likely to impair the sustainability of the Crown forest or that is contrary to the Forest Management Plan or Annual Work Schedules. Repair Orders may be issued in the event that a person causes or permits damage to soil, plant life or habitat for animals in a Crown forest. Compliance Orders may be issued if a person has failed to comply with a forest resource license. CFSA Referral Process MNR staff and the forest industry will continue to use and be guided by the "Forest Operations and Silviculture Manual" (MNR, 2000) and the "Protocol for the Review of Water Crossings Proposed through the Forest Management Planning Process (MNR, 2005) when reviewing forest management activities that may affect fish and their habitat. Adherence to these documents will be stated in the approved Forest Management Plan and Annual Work Schedule to ensure no HADD will occur. If, in the opinion of the MNR biologist, a certain forest activity may cause a HADD, the company will be asked to mitigate those aspects of the activity. If the HADD can be mitigated, then the forest management activity will be carried out under the conditions agreed to by MNR and the forest company. If the HADD cannot be mitigated by the company, then MNR will refer the proposed work to DFO for their review. If DFO concludes that fish and fish habitat impacts can be mitigated, then DFO will contact MNR and the forest company, agree on mitigation measures and issue a letter of advice. If DFO concludes that the potential HADD cannot be mitigated, then DFO will contact MNR and the forest company to discuss compensation options. DFO will then begin the CEAA review. MNR will work with the forest company to design the required compensation and discuss whether the compensation is adequate with DFO. MNR and the forest company will be signatories to the agreed upon compensation agreement. Figure 3.6 in Chapter 3 provides the MNR referral process, while Figure 3.7 provides the CFSA referral process. O N T A R I O P R O T O C O L 22

26 F I S H H A B I T A T P R O T O C O L Community Fisheries and Wildlife Involvement Projects (CFWIP) Since MNR approves and funds CFWIP projects, MNR is considered the proponent for these projects. The approval procedure is therefore essentially the same as for activities under the OEAA. MNR will continue to review all CFWIP projects for fish habitat impacts and will only refer those projects to DFO which are considered potential HADDs. The intent is to ensure that MNR staff and volunteers are not in violation of the Fisheries Act. Since MNR District staff will continue to design mitigation for most potential HADDs that may result from CFWIP projects, only occasional projects will need to be authorized under the Fisheries Act. Where CFWIP projects may impair or obstruct navigation, an NWPA review by TC may be required. Any project that has the potential to obstruct navigation or involves a named work under the NWPA should be reviewed by TC. When screening projects, MNR District CFWIP representatives use a number of flags as a guide to help identify projects that have the potential to result in a HADD. If the MNR District feels that the potential HADD cannot be mitigated for any particular project, they will discuss the project design with their local DFO District Office. Together, they can determine whether the project requires a Fisheries Act authorization or whether it can be addressed by a letter of advice. If an authorization is required, MNR will develop the compensation plan with input from DFO staff. The following are "flags" to help identify CFWIP projects that could result in a HADD (note: this list is not meant to be exhaustive): nn use of motorized construction equipment in or near water; nn stream channel re-alignment or channel dredging; nn lake dredging; and nn dam repairs and / or construction. Offices will share the information that is necessary to ensure effective working relationships. For example, a MNR District CFWIP representative may provide DFO and CA offices with a list of approved fish habitat related CFWIP projects Water Management Planning Guidelines for Waterpower In December 2000, the LRIA was amended to allow the Minister of Natural Resources to order the owner of a dam to prepare a management plan in accordance with guidelines approved by the Minister. The LRIA was further amended in June 2002 to, among other things, give the Minister explicit approval powers and require dam owners to comply with approved plans. Water management plans (WMPs) are required wherever at least one waterpower facility exists on a river system. These plans are proponent driven, but are carried out cooperatively with the MNR. WMPs are approved by MNR as legal documents. The Water Management Planning Guidelines for Waterpower (MNR, 2002), which govern the preparation of WMPs, have a goal of sustainable development of Ontario's waterpower resources, along with the management of these resources in an ecologically sustainable manner. The Guidelines contain a number of guiding principles, including seeking to maximize the net benefits to society and riverine ecosystem sustainability. Each WMP also strives to meet a range of economic, environmental and social objectives that are unique to each river's setting and characteristics.

27 The Guidelines indicate that the general scope of WMPs will include: i. baseline conditions (environmental, social and economic) present at the time of planning; ii. a focus principally on the management of water levels and flows; iii. operating regimes required at the waterpower facilities and associated water control structures; iv. the relative scale of effects of waterpower operations and their related issues; and v. other water resource users and the public interest in water (MNR, 2002, p. 6). In cases of greenfield development, the approvals process under the LRIA and the planning process in accordance with the OEAA can meet the intent of the Guidelines. The Protocol for the Development, Review and Implementation of Water Management Plans for Waterpower in Ontario outlines the approach for DFO s participation in and approval of WMPs and authorization of existing waterpower facility operations pursuant to the Fisheries Act for impacts to fish and fish habitat. Typically, DFO participates on WMP steering committees for complex plans (and simplified WMPs where applicable), providing advice and direction to plan proponents on federal legislation, policies and programs. This review occurs in the context of DFO s mandate and the Policy for the Management of Fish Habitat. Where possible, HADDs and other aquatic ecosystem issues will be dealt with during the planning process, through alterations made to operating practices. DFO will advise whether the issuing of a Fisheries Act Authorization for the operation of the facility is required, and may provide additional information and direction. Further details on water management planning and waterpower site release and development are available at the MNR web site at: index.html Aquaculture Aquaculture facilities may be land based or may be cages in open water. The cages may be attached to shore or may be offshore. Aquaculture projects often have the potential to alter physical habitat in Canadian fisheries waters. MNR is the first point of contact for both land based and cage aquaculture applications. Aquaculture projects are circulated directly from MNR to local DFO offices for review in determining and authorizing a HADD. Other permits and approvals may be required from other agencies for an aquaculture operation (e.g., MOE, TC, CAs and municipalities). In Ontario, MNR regulates aquaculture operations under the authority of the PLA, the Fish and Wildlife Conservation Act (FWCA) and the federal Fisheries Act. The FWCA prohibits persons from culturing fish except under authority of a licence, and in accordance with the regulations. Part II of Ontario Regulation 664/98 (Fish Licensing) establishes aquaculture licences, fish stocking licences, licences to collect fish from Ontario waters, regulations respecting the transportation of fish, and certain conditions and exemptions in relation to these licences. Ontario Regulation 664/98 also regulates the species that may be cultured under the authority of an aquaculture licence. MNR also requires the reporting of significant fish escapes from aquaculture facilities, and a description of measures and requirements to maintain facility security status to be defined on aquaculture licences. Water and sediment quality monitoring conditions recommended by MOE are appended to aquaculture licences. For each cage project application, a provincial / federal review team (MNR, MOE, DFO, TC, CEAA and others, as applicable) will be established. O N T A R I O P R O T O C O L 24

28 F I S H H A B I T A T P R O T O C O L Wind Power Projects The coordinated provincial review and approval process for wind power developments is described in detail in the Wind and Water Power Projects in Ontario: The Ministry of Natural Resources Guide to Coordinated Approval Processes (MNR, 2007b) (available at gov.on.ca/mnr/renewable). The approvals process for wind power development on Crown land is a two-stage process - the first stage is associated with the testing of wind power potential and the second stage is associated with the wind power development. The approvals required relate to provincial EA (either through MNR's Class EA for MNR Resource Stewardship and Facility Development Projects (Class EA for RSFD) (MNR, 2003) or through the Electricity Projects Regulation Environmental Screening Process), issuance of a Land Use Permit for wind exploration on Crown land, and issuance of a Crown lease for wind power development on Crown land. MNR will review proposals for the impacts of the proposed undertaking on fisheries management objectives and baitfish, commercial and recreational fisheries. If the proposal is located in the Great Lakes, the review should be conducted by Great Lakes Unit staff. Otherwise the review should be conducted by MNR District staff. CAs and DFO will review wind power project proposals to ensure that potential fish habitat impacts are identified and mitigated during the construction, operation and decommissioning phases of wind power facilities (e.g., water crossings, transmission lines, related infrastructure, etc). DFO will also review wind power projects to ensure compliance with the requirements of SARA for aquatic SAR. MNR will not dispose of a Crown right until the fish population impacts and issues associated with commercial, bait and recreational fisheries have been resolved. In addition, MNR will not dispose of a Crown right until after a CEAA decision has been reached, along with appropriate mitigation measures, including the authorization of any HADDs associated with the proposed project Ontario Environmental Assessment Act (OEAA) MNR Projects MNR's fisheries management activities are subject to the OEAA, either by an Individual EA, Declaration Order, a Class EA or Ontario Regulation 334. Under the Class EA for Resource Stewardship and Facility Development, MNR is responsible for the application of all relevant Class EA requirements (e.g., screening, planning process, public consultation, monitoring and reporting). Under the Class EA for RSFD, MNR staff carry out the following actions: nn projects are evaluated through a screening process to identify potential significant environmental effects that may result from the project. In the screening process, staff evaluate all relevant natural environment, land use, resource management, social, cultural, economic and aboriginal considerations related to the proposed project, including fish habitat; nn where negative effects on fish habitat have been identified, MNR will develop mitigation measures to prevent a HADD. Where impacts cannot be fully mitigated, MNR seeks advice from DFO on authorization under Section 35 of the Fisheries Act and works with DFO to develop habitat compensation plans, as required; nn projects are categorized as either Category A, B, C or D. The project category is reviewed by the appropriate manager who confirms or modifies the category, as appropriate; nn the relevant EA process is then followed; and nn Once the EA process is complete, MNR implements the project with all appropriate authorizations and approvals.

29 Projects Proposed by Other Public Agencies or Private Sector Proponents For projects proposed by other public agencies or private sector proponents, MNR: nn comments on impacts on natural resources, such as Areas of Natural and Scientific Interest (ANSIs), wetlands, SAR and other resources, including fish habitat, and provides resource inventory information to proponents; nn if acting as a partner in the project, MNR staff evaluate the proposed project to determine the requirements under the Class EA for RSFD (see EA Procedures Manual For MNR Activities - Partnership Projects - LUPB ) The process described for MNR projects (as noted above) must be followed; nn if the project is not for an MNR program and the applicant requests the disposition of the rights to Crown resources, MNR asks for a project description to be completed and submitted with the application, in accordance with the Class EA for RSFD; nn if the disposition application requires screening under the Class EA for RSFD, MNR will identify any mitigation measures required to reduce potential significant negative environmental effects, assign to a category and obtain appropriate MNR manager sign-off; and nn If the project is either a Category B or C, MNR will instruct the applicant to complete all relevant sections of the Class EA for RSFD. If the applicant is an agency which operates under its own OEAA coverage and the proposed project is not for a MNR program, MNR will not screen the application under the Class EA for RSFD. MNR will not proceed with the disposition unless the applicant provides MNR with evidence that they have complied with their requirements under the OEAA. Prior to granting this type of disposition, MNR should receive a letter from the applicant outlining how the disposition applicant has met OEAA obligations. If the proposed project is in or around water and is likely to alter fish habitat, MNR will inform the agency / proponent that the proposed project will have to be referred to DFO for advice on protecting fish habitat or for authorization under Section 35 of the Fisheries Act. MNR will offer to make this referral on behalf of the agency. For proposed dispositions of rights to Crown resources, MNR determines if there may be the potential for significant negative environmental effects, including fish habitat. However, where significant negative environmental affects are anticipated and the proposed activity is likely to negatively impact fish habitat, MNR will make this referral to the CA / DFO, on behalf of the proponent. The CA / DFO will provide advice on protecting fish habitat. O N T A R I O P R O T O C O L 26

30 F I S H H A B I T A T P R O T O C O L Provincial Policy Statement (Fish Habitat Section) The MNR has the lead for planning matters in Ontario as they relate to the protection of natural heritage features, including fish habitat. MNR s role is to promote good planning in order to ensure that various values, including fish habitat, are proactively protected. The Provincial Policy Statement (PPS) (2005) is issued under the authority of Section 3 of the Planning Act and came into effect on March 1, It provides policy direction on matters of provincial interest related to land use planning and development on private land. The PPS identifies fish habitat as one of the Natural Heritage features that is of provincial interest and should be protected from incompatible development. Policy states that: "development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements". With respect to policy 2.1.5, provincial and federal requirements means " legislation and policies administered by the federal or provincial governments for the purpose of the protection of fish and fish habitat, and related, scientifically established standards such as water quality criteria for protecting lake trout populations". 27 In addition, policy states that: "development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, and unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. The "Natural Heritage Reference Manual (MNR, 1999) was issued by MNR to provide information on technical issues relative to the natural heritage policies of the PPS. This manual identifies important considerations for the identification and evaluation of fish habitat and adjacent lands and potential development impacts and mitigation, in keeping with MNR's / CAs role in the planning process associated with fish habitat protection. The manual is available at: manual.pdf MNR provides fish habitat inventory and habitat classification information to municipalities, the Ministry of Municipal Affairs and Housing (MMAH), CAs and proponents to assist with implementing the PPS. MNR has developed, and is continuing to develop, data standards for fish habitat and fish population assessment. When requested by MMAH, MNR provides technical advice on all natural heritage areas and features to proponents, consultants and municipalities through the provincial one window planning service. This also includes providing generic advice on the protection of fish habitat to all municipal planning authorities (e.g., on the sensitivities of fish and fish habitat, and how impacts from development and human activities can be avoided or mitigated).

31 When requested to review a policy document or development application by MMAH, MNR may: nn identify a situation where concerns must be addressed to ensure that a decision on the planning matter is consistent with the PPS; nn provide available fish habitat information relevant to the document or application; nn share relevant technical guidelines, standards or reference materials that should be considered by the proponent; nn provide technical comments on specific studies provided by the proponent with the proviso that DFO, not MNR, determines if work is likely to cause a HADD; and nn identify that approvals may still be required under the Fisheries Act and, where appropriate, identify the appropriate CA or DFO District Office to contact. A review under the fish habitat protection provisions of the Fisheries Act only occurs when a project that proposes works or undertakings in or near water has been defined and moves to the implementation stage. In addition, MNR undertakes the following: nn continues to develop data standards for fish habitat and fish population assessment; and nn promotes decisions on planning matters that are consistent with the PPS and provides "generic" technical advice on all natural heritage areas and features, as requested through the provincial one window planning service. MNR does not determine if work is likely to result in a HADD, but will refer this matter to the local CA / DFO. MNR will offer to make this referral on behalf of proponent. DFO will respond directly to proponent and provide a copy to MNR. MNR does not become involved in compensation negotiations. However, MNR must agree with proposed compensation developed by the proponent and approved by DFO where Crown land is adjacent or adjoining to ensure compliance with provincial legislation. CA, DFO and MNR staff will work together to ensure that any fish habitat concerns that may affect fisheries management objectives are identified through the review under the Fisheries Act. O N T A R I O P R O T O C O L 28

32 F I S H H A B I T A T P R O T O C O L 2.6 Ministry of Transportation MTO is responsible for planning, managing and maintaining a safe, efficient, reliable and integrated transportation network. In addition, MTO sets design and maintenance standards and manages construction and maintenance activities on the provincial highway network. When delivering its transportation program, MTO does so with a view towards protecting the environment. A formal protocol for protecting fish and fish habitat on provincial transportation undertakings has been in effect since 1993 when it was signed by the MTO and MNR. In June 2006, MTO, DFO and MNR signed a new protocol entitled MTO / DFO / OMNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings (herein referred to as the 2006 MTO / DFO / MNR Fisheries Protocol). Under the 2006 protocol, MTO has the responsibility and accountability to self screen for the likelihood of MTO projects resulting in a HADD. MTO is also responsible for the development of mitigation measures, including design modifications, to eliminate or reduce the risk of HADD. Where a HADD is unavoidable, MTO develops a project specific compensation plan that is submitted to DFO for Fisheries Act review and authorization. Further information can be found on MTO s web site at: MTO Projects The 2006 MTO / DFO / MNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings defines a process whereby MTO screens its highway projects to determine the likelihood of a HADD. The protocol contains provisions for: fisheries data collection; assessments to determine risk and likelihood of causing a HADD; and fisheries assessment notification. Projects with a likelihood of causing a HADD are referred directly to DFO for determination of HADD acceptability, authorization and compensation. The tools necessary for implementing the protocol are available in the MTO / DFO / MNR Protocol User Field Guide (2006) and the MTO Environmental Guide for Fish and Fish Habitat (MTO, 2006) including all applicable notification forms. To ensure its effectiveness, the MTO / DFO /MNR Protocol also includes a "quality assurance / quality control program" consisting of staff qualifications, training and process audits. A "Protocol Implementation Team" (PIT), consisting of DFO, MNR, and MTO representatives, oversees the implementation and evaluation of the protocol. The PIT reports the results of the audits annually to the Aquatic Resources Management Advisory Committee (ARMAC), which in turn reports to Canada - Ontario Fisheries Advisory Board (CONFAB). Figure 3.8 in Chapter 3 illustrates the MTO referral process. Copies of the MTO / DFO / MNR Protocol, the User Field Guide and MTO Environmental Guide for Fish and Fish Habitat are available from each of the signatory agencies, as well as the following website: engineering/envirostandards/

33 2.7 Ministry of the Environment MOE is responsible for the compliance and enforcement of several statutes which directly or indirectly protect fish habitat by protecting water quality. These include the EPA, OWRA, Pesticides Act, Safe Drinking Water Act, Nutrient Management Act and the Ontario Environmental Assessment Act. MOE s Certificate of Approval (C of A) process also includes coordination with respective provincial and federal agencies, as outlined in various guidelines and policy documents (see Appendix C: Guidelines, Best Management Practices and Resources). MOE and the Canadian Environmental Assessment Agency are signatories to the Canada-Ontario Agreement on Environmental Assessment Cooperation (the Agreement), through various administrative mechanisms, which forms the basis for more effective and efficient cooperation where federal and provincial EA legislation applies to the same project. Additional information can be found on the MOE's web site at: Permit to Take Water All water takings have the potential to impact fish and fish habitat and the aquatic environment. Section 34 of the Ontario Water Resources Act (OWRA) requires anyone taking more than a total of 50,000 litres of water in a day from a lake, stream, river or groundwater source (with some exceptions) to obtain a permit to take water (PTTW). MOE evaluates each proposed water taking to ensure it meets the principles of the PTTW program including: protecting the natural functions of the ecosystem (including fish and fish habitat); preventing unacceptable interference with other water users; and fair sharing and conservation of the resource. The processing of applications for a PTTW includes an assessment of compliance with MOE policies, guidelines and regulatory requirements, as well as a technical / scientific evaluation of the water taking to assess the feasibility and potential for impact. PTTW applications are evaluated in terms of their impact on surface waters and groundwater. O N T A R I O P R O T O C O L Types of Surface Water Taking Water taking from surface waters occurs primarily in two ways as: (a) the withdrawal or diversion of water from a source by pumping or by gravity (extraction); or (b) the taking of water into storage within a flowing water body by damming and / or excavating the bed of the flowing water body (on-line storage). A third kind of surface water taking may be identified as the capture of overland runoff into storage facilities (runoff storage). Water takings also vary in the rates, amounts, timing, durations and frequency of the taking. 30

34 F I S H H A B I T A T P R O T O C O L Types of Surface Waters Surface water sources include: lakes; ponds that have a connection to a watercourse or receive water mostly from runoff (including artificial ponds); impoundments formed by damming flowing rivers to retain the water (including large reservoirs and small on-stream ponds); wetlands; springs; and permanent, intermittent and ephemeral watercourses of all sizes (including constructed channels). The above sources can be divided into two broad groups as: standing water bodies (e.g., lakes, ponds and wetlands); and flowing water bodies (e.g., rivers). The different types of surface waters listed above, as well as individual sources within each type of surface water, exhibit great diversity in their physical, chemical, biological and hydrological characteristics, and the dynamic interactions between these. As a result, a given proposal may pose different levels of risk to different surface waters. Surface waters also differ in many other aspects, such as: the type of primary use they serve; the degree of modification by human actions; and position in the watershed. These factors also influence the level of risk posed by a given taking. Details on the PTTW process and its recent revisions can be found on MOE s web site at: How does MOE Evaluate Impacts on Habitat? When considering the need to protect the natural functions of the ecosystem, MOE considers the impact of the proposed water taking on habitat that depends on water flow or water levels. In the review of permits to take surface water, MOE may impose conditions related to the variability of water flow or water levels in order to protect habitat. In the review of permits to take groundwater, MOE may impose conditions related to maintenance of water levels, maintenance of base flow quantity and quality to protect habitat. MOE may consider the project's net benefit impact on water flow and water levels when reviewing the water taking proposal What Other Information does MOE Consider? As part of its review, MOE will rely on MNR and DFO to provide comment and recommendations on individual permit applications related to potential impact on habitat. Conditions recommended by MNR and DFO may be incorporated into the permit. CAs are notified by MOE of every water taking application within their watershed that is posted on the Environmental Bill of Rights Registry (EBR). In some watersheds, the CA has agreed to screen aggregate resource applications with respect to Section 35 of the Fisheries Act. Those conditions recommended by the CA may be incorporated in the PTTW. In areas where CAs do not exist or where CAs provide advice under the Planning Act to municipalities but do not review applications for fish or fish habitat impacts, MOE will consult, as necessary, with DFO directly.

35 2.7.4 Aquatic Pesticide (Extermination) Applications MOE is the provincial agency responsible for the management of pesticides and for reviewing and approving water extermination permits for the use of aquatic pesticides. The Pesticides Act and Ontario Regulation 914 provide the provincial regulatory framework and outline the requirements for training, licensing, permits and pesticide classification that allow MOE to manage pesticide use in aquatic environments. Limits and controls are placed on the selection and use of pesticides to protect human health and the environment. When necessary, MOE will rely on the expertise of DFO and MNR in considering fish habitat protection. MOE encourages the promotion of integrated pest management approaches to reduce the reliance on the use of pesticides and is engaged in various outreach activities to increase public awareness. A water exterminator's licence and water extermination permit is required, unless the person or circumstance is exempt from the licensing requirement, to use a pesticide in a water extermination. The issuing of water extermination permits prevents excessive and indiscriminate use of pesticides by: ensuring proper pesticide selection; authorizing the amount of pesticide that may be purchased and used; setting forth conditions under which it may be used; and delineating the treatment area. MOE issues water extermination permits for the use of herbicides to control aquatic plants, the use of specific larvicides to control mosquitos to manage West Nile Virus and for the use of larvicides for the control of invasive organisms such as sea lamprey and round goby. Additional information related to the requirements and submission of water extermination permits is available on the MOE web site at: index.php Aquatic Herbicides During the permit review process, MOE will circulate an application to the MNR, DFO and / or the Trent-Severn Waterway (TSW) National Site of Canada, in accordance with signed agreements. These agreements include: nn MOE / Parks Canada - TSW Protocol for Assessment of Permits to Perform Water Exterminations with Herbicides in TSW Waters (MOE / TSW Protocol); nn MOE / DFO / MNR Protocol for Assessment of Permits to Perform Water Exterminations with Herbicides in Ontario Waters (July, 2005) (MOE / DFO / MNR Protocol; and nn DFO / MNR Ontario Guidelines for Aquatic Plant Control (1994) (DFO / MNR Guidelines). O N T A R I O P R O T O C O L 32

36 F I S H H A B I T A T P R O T O C O L MOE / TSW Protocol Under the MOE / TSW Protocol, all permit applications received by MOE from proponents requesting authorization to use herbicide to control aquatic plants in waterbodies on the TSW will require written approval from the PCA, prior to issuance of a permit by MOE. MOE will rely on the PCA to provide recommendations on the earliest date of treatment with aquatic herbicides for waterbodies on the TSW. Parks Canada, is to inform MOE Regional Offices by April 1st of the related year, of any known sensitive water bodies / areas that require fish habitat protection. MOE/DFO/MNR Protocol Under the MOE / DFO / MNR Protocol, DFO and MNR are to inform MOE Regional Offices by February 1st of each year of any areas of special concern (e.g., habitat for Species at Risk) where all applications for permits will require a review by DFO or MNR, as appropriate. New permit applications that comply with the DFO / MNR Guidelines, and requests to renew previously approved permits, will be reviewed by MOE without circulation to DFO or MNR. Any permit application that does not comply with the DFO / MNR Guidelines, or that proposes treatment in areas of special concern identified by DFO, will be forwarded to the appropriate DFO District Office for review, prior to review by MOE. DFO will consult with CAs / MNR, where necessary (e.g., wetlands). Any permit application that proposes treatment in areas of special concern identified by MNR will be forwarded to the local MNR District Office for review, prior to review by MOE. MOE shall contact the local MNR office for the Fish Timing Window for Work-In-Water Guidelines to determine the acceptable dates for the application of aquatic herbicides Larvicides for Mosquito Control for West Nile Virus Permit applications for sensitive areas which include critical fish habitat, wetlands, fish sanctuaries or endangered and threatened species habitat are reviewed in accordance with the Sensitive Areas and Species Protocol, developed cooperatively with the MNR and other environmental agencies. Additional information on the submission and requirements for applying for water extermination permits is available in Appendix D. (Note: the Sensitive Areas and Species Protocol is under review by MOE and MNR which may result in changes to the current protocol.)

37 2.8 Ontario Ministry of Agriculture, Food and Rural Affairs While MOE is responsible for the compliance and enforcement of the Nutrient Management Act, OMAFRA is responsible, through the Nutrient Management Act, for training, certification and the approval process under the legislation. Anyone preparing a Nutrient Management Strategy (NMS) and Nutrient Management Plan (NMP) must be certified. In addition, any businesses involved in brokering, hauling or applying nutrients for phased-in operations must be certified. The review and approval of NMSs and NMPs for farms is done by OMAFRA. OMAFRA works closely with farmers in the development and approval of NMSs / NMPs, offering training and education to help farmers implement best management practices (BMPs) and continue to operate environmentally sustainable agricultural operations. NMSs / NMPs are used to determine requirements for the storage, management, transfer and land application of materials containing nutrients, including manure, biosolids, compost, fertilizers and runoff. These requirements reduce the risk to fish habitat through set-backs to surface water, appropriate application rates and spill contingency plans. OMAFRA is also responsible for the general administration of the Drainage Act. This provincial statute permits property owners to petition their local municipality for a solution to their drainage problems. The local municipality is responsible for administering the communal process under the Drainage Act, and once a drainage system is constructed, project costs are assessed to the landowners in the catchment area of the drain that has benefited from the drainage. Once constructed, it is known as a "municipal drain" and the municipality is responsible for all aspects of managing this drainage infrastructure on behalf of the involved landowners. The Drainage Act also empowers the municipality to enforce those sections of the Act that prevent blocking, damaging or polluting municipal drains. For more information on agricultural drains, refer to sections and Further information on OMAFRA can be found at: Conservation Authorities Ontario's 36 CAs are community based conservation organizations that provide comprehensive technical, planning, educational and recreational services. For more than 50 years CAs have been empowered by the provincial Conservation Authorities Act to undertake programs to further the conservation, restoration, development and management of natural resources on a watershed basis. Programs are approved and developed in conjunction with watershed municipalities. CAs may have at their disposal extensive fish habitat information and may have prepared fisheries / fish habitat management plans that would benefit program development in their watersheds. Section 28 (1) of the Conservation Authorities Act allows for regulations that: 1. pertain to the use of water (Section 28(1) (a)); 2. prohibit or require permission to interfere in any way with the existing channel of a watercourse or wetland (Section 28(1)(b)); and 3. prohibit or require permission to undertake development (construction, structural alteration, grading, filling) in areas where the control of flooding, erosion, dynamic beaches, pollution, or the conservation of lands may be affected (Section 28(1)(c)). O N T A R I O P R O T O C O L 34

38 F I S H H A B I T A T P R O T O C O L The areas regulated by a CA are defined in the written text of their individual regulation (Section 28). Maps of these regulated areas are registered with the province and are typically used to assist with the implementation of these regulations. CAs also play an important role in source water protection. Water is critical to all aspects of our lives and it is important to ensure there is a safe and reliable source of water for all our uses - now and in the future. Source water protection is simply protecting surface water sources such as lakes, rivers, streams and groundwater sources (aquifers) from contamination or overuse. All of these sources of water are linked in a watershed through the water cycle. 35 The Government of Ontario has made a commitment to ensure that every watershed in the province has a source water protection plan. With their long history in watershed management, CAs play a key role in protecting sources of water and aquatic resources by providing technical expertise and advice to assist local municipalities and other stakeholders develop the best approach to protecting local water quality and supplies. Further information can be found on Conservation Ontario s web site at:

39 2.9.1 DFO - CA Fish Habitat Agreements DFO has signed partnership agreements with each of the 36 CAs in Ontario to review proposed projects under Section 35 of the Fisheries Act which deals with the management and protection of fish habitat. There are three different levels of agreement that have been signed between the CAs. The following tables provide a definition for each level of agreement and list the agreements in place with CAs. Table 2: Level of Agreements with Conservative Authorities O N T A R I O P R O T O C O L Level of Agreement Level I Level II Definition The local Conservation Authority conducts the initial review of the project to identify any impacts to fish and fish habitat. If there are potential impacts to fish and fish habitat, the project is forwarded to the local DFO District Office for further review. In addition to the above, the Conservation Authority determines how the proponent can mitigate any potential impacts to fish and fish habitat. If impacts to fish and fish habitat can be mitigated, then the CA issues a letter of advice. If impacts to fish and fish habitat cannot be fully mitigated, the project is forwarded to the local DFO District Office for further review. Level III In addition to all of the above, the Conservation Authority works with the proponent and reviews the fish habitat compensation plan. The project is then forwarded to the local DFO District Office for authorization under the Fisheries Act. Conservation Authorities with Level 1 Agreements Crowe Valley Conservation Authority Mattagami Region Conservation Authority Nickel District Conservation Authority Sault Ste. Marie Region Conservation Authority Conservation Authorities with Level 2 Agreements Ausable Bayfield Conservation Authority Cataraqui Region Conservation Authority Catfish Creek Conservation Authority Conservation Halton Credit Valley Conservation Grey Sauble Conservation Authority Hamilton Region Conservation Authority Kettle Creek Conservation Authority Lakehead Region Conservation Authority Long Point Region Conservation Authority Lower Thames Valley Conservation Authority Lower Trent Region Conservation Authority Maitland Valley Conservation Authority Mississippi Valley Conservation Authority Niagara Peninsula Conservation Authority North Bay - Mattawa Conservation Authority Nottawasaga Valley Conservation Authority Otonabee Region Conservation Authority Quinte Conservation Authority Raisin Region Conservation Authority Rideau Valley Conservation Authority Saugeen Valley Conservation Authority South Nation Conservation Authority St. Clair Region Conservation Authority Upper Thames River Conservation Authority Conservation Authorities with Level 3 Agreements Central Lake Ontario Conservation Authority Essex Region Conservation Authority Ganaraska Region Conservation Authority Grand River Conservation Authority 36 Kawartha Region Conservation Authority Lake Simcoe Region Conservation Authority Toronto Region Conservation Authority *As of September 2007

40 F I S H H A B I T A T P R O T O C O L These agreements were developed to streamline day-to-day referrals in Ontario for projects that may have a shared regulatory interest between DFO and the CAs. These agreements were also put in place to improve client service with a one window approach through CAs. Through these agreements, initial requests for the review of projects in or near water that may affect fish and fish habitat are referred to the local CA. Consequently, CAs are often the first point of contact for the majority of projects in and around water in southern Ontario. Depending on the level of agreement, CA s will: undertake an initial review of the project to determine whether fish habitat may be impacted; provide mitigation advice to prevent fish habitat impacts; and / or review habitat compensation plans, in consultation with DFO. Projects requiring Fisheries Act review, authorization and / or assessment under CEAA are forwarded to DFO. Figure 3.9 in Chapter 3 provides the CA / DFO referral review process. 37

41 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS Figure 3.1 Risk Management Framework Figure 3.2 Agricultural Drain Classification Process Figure 3.3 Generalized Process for CEAA Screenings O N T A R I O P R O T O C O L Figure 3.4 Figure 3.5 Figure 3.6 Figure 3.7 Figure 3.8 Figure 3.9 SARA Referral Review Process Parks Canada Agency Referral Process Ministry of Natural Resources Referral Process Crown Forest Sustainability Act Referral Process MTO Referral Process CA / DFO Referral Process 38

42 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.1 Risk Management Framework F I S H H A B I T A T P R O T O C O L 39

43 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.2 Agriculture Drain Classification Process O N T A R I O P R O T O C O L Drain Classification Flow Chart TYPE Flow Temperature Species Time Since Last Cleanout A Permanent Cold/Cool/Unknown No trout or salmon N/A Class A Authorization B Permanent Warm Top Predators and/or Less than 10 Ecosystem Indicators 1 years Class B C Permanent Warm Forage Fish N/A Class C D Permanent Cold/Cool/Unknown Trout and/or salmon N/A Project Specific E Permanent Warm Top Predators and/or Ecosystem Indicators 1 F Intermittent N/A N/A N/A Greater than 10 years 1 White Crappie, American Brook Lamprey, Pearl Nace, Mottled Sculpin, Slimy Sculpin, Bowfin, Grass Pickerel, White Perch, White Bass. Rock Bass Project Specific None required (work done in dry) 40

44 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.3 Generalized Process for CEAA Screenings. DOES CEAA APPLY? NO CEAA REVIEW NOT REQUIRED YES F I S H H A B I T A T P R O T O C O L REQUEST ADVICE OF EXPERT FAs PUBLIC PARTICIPATION AT EA(s) DISCRETION DETERMINE IF OTHER FEDERAL AUTHORITIES MAY BE INVOLVED IN THE EA. DETERMINE IF OTHER FEDERAL AUTHORITIES MAY BE INVOLVED IN THE EA AND IF THERE IS A PROVINCIAL EA DETERMINE SCOPE OF PROJECT, FACTORS AND SCOPE OF FACTORS NOTICE OF COMMENCEMENT POSTED ON CEAA REGISTRY (WITHIN 14 DAYS OF TRIGGERING; MUST REMAIN POSTED FOR A MINIMUM OF 15 DAYS) CONSIDERATION OF FACTORS DETERMINE WHETHER PROJECT IS LIKELY TO CAUSE SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS > DO NOT ISSUE FISHERIES ACT AUTHORIZATION TRIGGER CEAA DECISION ON COURSE OF ACTION * Note: Comprehensive studies and panel reviews follow a different process. 41 NO SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS > ISSUE FISHERIES ACT AUTHORIZATION REFER PROJECT TO PANEL OR MEDIATE UNCERTAINTY OF ADVERSE EFFECTS ON ENVIRONMENT

45 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.4 SARA Referral Review Process DEVELOPMENT PROPOSAL IN OR NEAR WATER WHERE SAR ARE PRESENT (USING SAR DISTRIBUTION MAPPING TOOL) O N T A R I O P R O T O C O L YES USING RMF FLOWCHART 3.1, CONDUCT AQUATIC EFFECTS ASSESSMENT AND RISK ASSESSMENT ALL POTENTIAL IMPACTS TO SAR MITIGATED? YES PARTNER AGENCY PROCEEDS WITH APPROVAL AND PERMITTING PROCESS WHERE APPLICABLE NO PARTNERS REFER PROJECT TO DFO HABITAT management staff IS SAR PERMIT REQUIRED? DFO ISSUES LOA OR, UPON COMPLETION OF RMF REVIEW AND CEAA REVIEW, IF APPLICABLE, FISHERIES ACT AUTHORIZATION NO PROJECT ACTIVITIES THAT MAY CAUSE INCIDENTAL HARM TO A SAR, IN PARTICULAR THE CONTRAVENTION OF ANY ONE OF THE 3 SARA PROHIBITIONS (SECTIONS 32, 33 AND 58) FIELD SURVEYS TO DETECT FISH OR MUSSEL SAR SAR MUSSEL RELOCATIONS (I.E. MITIGATION STRATEGY) FISH SALVAGE OPERATIONS WHERE THERE IS POTENTIAL HARM TO A SAR NOTE THAT A PERMIT IS ONLY REQUIRED FOR EXTIRPATED, ENDANGERED OR THREATENED SCHEDULE 1 FISH OR MUSSEL SAR YES PROJECT REJECTED AS PROPOSED - PROPONENT ADVISED TO RELOCATE/REDESIGN NO PROPONENT APPLIES FOR AND RECEIVES SAR PERMIT YES SARA PERMIT ISSUED OR DFO ISSUES SARA COMPLIANT FISHERIES ACT AUTHORIZATION (CONDITIONS OF SARA PERMIT INCLUDED WITHIN FA AUTHORIZATION) 42

46 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.5 Parks Canada Agency Referral Process PCA RECEIVES DEVELOPMENT PROPOSAL IN OR NEAR WATER NO SUFFICIENT INFO F I S H H A B I T A T P R O T O C O L PCA PROCEEDS WITH APPROVAL AND PERMITTING PROCESS NO LOW RISK NO HADD LIKELY WITH ADDITIONAL MITIGATION; SITE SPECIFIC LETTER OF ADVICE THROUGH O.S.; BMPs OR APPROVED WORK PRACTICES 43 YES FISH HABITAT IS PRESENT YES ARE AQUATIC SAR PRESENT USING RMF FLOWCHART 3.1 CONDUCT AQUATIC EFFECTS ASSESSMENT AND RISK ASSESSMENT MEDIUM RISK SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS - DO NOT ISSUE FISHERIES ACT AUTHORIZATION NO HIGH RISK HADD LIKELY - DFO MAY BE A RESPONSIBLE AUTHORITY UNDER CEAA PCA FACILITATES PREPARATION OF COMPENSATION PLANS IN CONSULTATION WITH DFO AS PER DFO PARTNERSHIP AGREEMENT AND REFERS PROJECT PROPOSAL TO DFO RESPONSIBLE AUTHORITY MAKE DECISION ON COURSE OF ACTION UNDER CEAA, SEE FLOWCHART 3.3 YES SIGNIFICANT RISK NO SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS - ISSUE FISHERIES ACT AUTHORIZATION PARTNER AGENCY PROCEEDS WITH THEIR APPROVAL AND PERMITTING PROCESS WHERE APPLICABLE REFER TO SARA FLOW CHART FIGURE 3.4 CONSIDER RELOCATE/ REDESIGN IN CONSULTATION WITH DFO TO REDUCE RISK

47 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.6 Ministry of Natural Resources Referral Process DEVELOPment PROPOSAL IN OR NEAR WATER RECEIVED BY OMNR O N T A R I O P R O T O C O L REFER TO FLOW CHART 3.7 YES WORK ASSOCIATED WITH A C.F.S.A PROJECT NO WORK IS A C.F.W.I.P PROJECT or subject to MNR 's class e.a. for R.S.F.D. NO YES MNR FORWARDS PROJECT TO CONSERVATION AUTHORITY FOR INITIAL FISHERIES ACT ASSESSMENT (REFER TO FLOW CHART 3.9) YES PROJECT PROPOSED IN A CONSERVATION AUTHORITY WATERSHED NO HADD LIKELY YES NO MNR FORWARDS PROJECT TO DFO FOR FISHERIES ACT REVIEW, SEE FLOW CHART 3.1 MNR PROCEEDS WITH APPROVAL AND PERMITTING PROCESS WHERE APPLICABLE 44

48 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.7 Crown Forestry Sustainability Act Referral Process F I S H H A B I T A T P R O T O C O L 45

49 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.8 MTO Referral Process To be used in conjunction with the User Field Guide for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings." O N T A R I O P R O T O C O L 46

50 3.0 REFERRAL PROCESS DECISION MATRIX / FLOW CHARTS 3.9 CA/DFO Referral Process Project Identified OPERATIONAL STATEMENT? YES USE OPERATIONAL STATEMENT NO F I S H H A B I T A T P R O T O C O L LOW RISK NO HADD LIKELY WITH ADDITIONAL MITIGATION SITE SPECIFIC LETTER OF ADVICE THRU O.S., BMPs OR APPROVED work PRACTICES NO NO DEVELOPMENT PROPOSAL IN OR NEAR WATER RECEIVED BY CA/DFO 47 YES YES AQUATIC SPECIES AT RISK PRESENT (USE SAR DISTRIBUTION MAPS)? NO YES USING RMF (Flow chart 3.1) CONDUCT AQUATIC EFFECTS ASSESSMENT AND RISK ASSESSMENT MEDIUM RISK SUFFICIENT INFO FISH HABITAT PRESENT HADD LIKELY - CEAA MAY APPLY LEVEL II PARTNER FORWARDS PROJECT TO DFO FOR CEAA ASSESSMENT; COMPENSATION AND F.A. AUTHORIZATION high RISK LEVEL III PARTNER FACILITATES PREPARATION OF COMPENSATION PLAN IN CONSULTATION WITH DFO COMPLETE REFERRAL PACKAGE FORWARDED TO DFO FOR CEAA ASSESSMENT AND F.A. AUTHORIZATION LII / LIII PARTNER AGENCY PROCEEDS WITH THEIR APPROVAL AND PERMITTING PROCESS WHERE APPLICABLE LEVELS I CA ISSUES OS OR SEND DEVELOPMENT PROJECT proposal TO DFO REFER TO SARA FLOW CHART Flow chart 3.4 CONSIDER RELOCATE/ REDESIGN IN CONSULTATION WITH DFO TO REDUCE RISK (consult dfo as required) SIGNIFICANT RISK

51 4.0 APPENDIX Appendix A - Glossary of Terms Adverse Effect: means one or more of: a. impairment of the quality of the natural environment for any use that can be made of it; b. injury or damage to property or to plant or animal life; c. harm or material discomfort to any person; d. an adverse effect on the health of any person; e. impairment of the safety of any person; f. rendering any property or plant or animal life unfit for human use; g. loss of enjoyment of normal use of property; and h. interference with the normal conduct of business. (Source: Ontario Environmental Protection Act) Agricultural Operation: an agricultural, aquacultural, horticultural or silvicultural operation. Aquatic Species: means a wildlife species that is a fish, as defined in Section 2 of the Fisheries Act, or a marine plant, as defined by Section 47 of that Act. (Source: SARA) Aquatic Species at Risk: Those aquatic species listed under SARA. Canadian Fisheries Waters: Section 2 of the Fisheries Act defines Canadian fisheries waters as all waters in the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of Canada. Compensation: is the replacement of natural habitat, increase in the productivity of existing habitat, or maintenance of fish production in circumstances where mitigation techniques and other measures are not adequate to maintain fish habitat. For further information on these definitions, refer to DFO's Policy for the Management of Fish Habitat (1986). Crown Lands (federal): means a. lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Yukon Territory, the Northwest Territories or Nunavut and lands, the management of which has been granted to a port authority under the Canada Marine Act or a not-for-profit corporation that has entered into an agreement under subsection 80(5) of that Act, b. the following lands and areas, namely, (i) the internal waters of Canada, (ii) the territorial sea of Canada, (iii) the exclusive economic zone of Canada, and (iv) the continental shelf of Canada, and c. reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and are subject to the Indian Act, and all waters on and airspace above those reserves or lands. (Source: Canadian Environmental Assessment Act) Crown Lands (provincial): defined in the Public Lands Act as land that is owned by the Province of Ontario and under the management and control of the Minister of Natural Resources. Dam: a structure or work forwarding, holding back or diverting water and includes a dam, tailings dam, dike, diversion, channel alteration, artificial channel, culvert or causeway. (Source: Lakes and Rivers Improvement Act) O N T A R I O P R O T O C O L 48

52 4.0 APPENDIX F I S H H A B I T A T P R O T O C O L Deleterious Substance: defined in the Fisheries Act (Section 34) as: a. any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water, so that the water is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water; or b. any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed by heat or other means from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that the water is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water; and without limiting the generality of the foregoing includes: c. any substance or class of substances prescribed pursuant to paragraph (2)(a) of Section 34 of the Fisheries Act; d. any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b) of Section 34 of the Fisheries Act; and any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c) of Section 34 of the Fisheries Act. Discharge: means nn to add, deposit, leak or emit; nn an addition, deposit, emission or leak. (Source: Ontario Environmental Protection Act) 49 Drainage works: includes a drain constructed by any means, including the improvement of a natural watercourse, and includes works necessary to regulate the water table or water level within or on any lands or to regulate the level of the waters of a drain, reservoir, lake or pond, and includes a dam, embankment, wall, protective works or any combination thereof. (Source: Drainage Act) Dredge: to remove or displace material from any shore lands, but does not include removal or displacement relating to the installation of service cables, heat loops or water intakes for private residences. The term dredge potentially includes the removal of any materials from the beds of lakes, rivers or other watercourses and lands within federal jurisdiction such as historic canals. (Source: Public Lands Act) Fish: defined in Section 2 of the Fisheries Act as including: a. a) parts of fish; b. b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals; and c. c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals. Fish habitat: spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes. (Source: Section 34(1) of the Fisheries Act) Farmer: the owner or operator of an agricultural operation. (Source: Nutrient Management Act) Fishery Officer: a person who is designated as a fishery officer pursuant to subsection 5(1) of the Fisheries Act. Lake: includes a pond and similar body of water. (Source: Lakes and Rivers Improvement Act)

53 4.0 APPENDIX Minister: defined for the purpose of this document as either the federal or provincial Minister responsible for the particular legislation referred to. Mitigation: is the action taken during the planning, design, construction and operation of works and undertakings to alleviate potential adverse effects on the productive capacity of fish habitats. Mitigation can include a variety of activities (e.g., relocation or redesign of a project, timing of works, methods of construction) to avoid or minimize changes to habitat. Municipal Drain: a drainage works as defined in the Drainage Act. It is a drainage system constructed under the authority of a municipal by-law passed under the Drainage Act. These systems can include channels, pipes, culverts, bridges, pumping stations or dykes. Natural environment: the air, land and water, or any combination or part thereof, of the Province of Ontario. (Source: Ontario Environmental Protection Act) Navigable Waters: any body of water capable of being navigated by floating vessels of any description for the purpose of transportation, commerce or recreation. This includes both inland and coastal waters. Nutrient: fertilizers, organic materials, biosolids, compost, manure, septage, pulp and paper sludge, and other materials applied to land for the purpose of improving the growing of agriculture crops. (Source: Nutrient Management Act) Park Warden: a person who is designated as a National Park Warden under the Canada National Parks Act. In addition to being peace officers, most park wardens also have special constable and federal Fishery Officer status. Public Lands: includes lands heretofore designated as Crown lands, school lands and clergy lands. (Source: Public Lands Act) River: includes a creek, stream, brook and any similar watercourse. (Source: Lakes and Rivers Improvement Act) Sediment: particles of solid matter suspended in liquid or settling on the bottom. Shore Lands: lands covered or seasonally inundated by the water of a lake, river, stream or pond. (Source: Public Lands Act) Special Constable: a unique category of law enforcement officers. Unlike police officers, whose duties have been established by legislation, no specific statutory duties are associated with the office of special constable. Instead, the legislation merely enables or authorizes special constable appointments for an undefined purpose (to be determined by the appointing authority, a police services board or the Commissioner of the Ontario Provincial Police and with the approval of the Minister of Public Safety and Security). Spill: a discharge into the natural environment that is abnormal in quality or quantity in light of all the circumstances of the discharge that causes a defined adverse effect. (Source: Ontario Environmental Protection Act) Vessels: every description of ship, boat or craft of any kind, whether propelled by steam or otherwise and whether used as a sea-going vessel or on inland waters only, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast. (Source: Navigable Waters Protection Act) Water: surface water and ground water, or either of them. (Source: Ontario Environmental Protection Act) Watercourse: means an identifiable depression in the ground in which a flow of water regularly or continuously occurs. (Source: Conservation Authorities Act) O N T A R I O P R O T O C O L 50

54 4.0 APPENDIX F I S H H A B I T A T P R O T O C O L Water Crossing: a bridge, culvert or causeway constructed to provide access to two points separated by water. O. Reg. 453/96, s. 1. (Source: Public Lands Act) Wetland means land that: a. is seasonally or permanently covered by shallow water or has a water table close to or at its surface; b. directly contributes to the hydrological function of a watershed through connection with a surface watercourse; c. has hydric soils, the formation of which has been caused by the presence of abundant water; and d. has vegetation dominated by hydrophytic plants or water tolerant plants, the dominance of which has been favoured by the presence of abundant water, but does not include periodically soaked or wet land that is used for agricultural purposes and no longer exhibits a wetland characteristic referred to in clause (c) or (d). (Source: Conservation Authorities Act) Work in a navigable waterway: A work is defined under the NWPA as: a. b. c. d. any bridge, boom, dam, wharf, dock, pier, tunnel or pipe and the approaches or other works necessary or appurtenant thereto, any dumping of fill or excavation of materials from the bed of a navigable water, any telegraph or power cable or wire, or any structure, device or thing, whether similar in character to anything referred to in this definition or not, that may interfere with navigation. 51

55 4.0 APPENDIX APPENDIX B LIST OF ACRONYMS Agreement - Canada-Ontario Agreement on Environmental Assessment Cooperation ANSI - Area of Natural and Scientific Interest ARMAC - Aquatic Resources Management Advisory Committee BMPs - Best Management Practices CA - Conservation Authority C of A - Certificate of Approval CEAA - Canadian Environmental Assessment Act CEAR - Canadian Environmental Assessment Registry CFSA - Crown Forest Sustainability Act CFWIP - Community Fisheries and Wildlife Involvement Projects CONFAB - Canada Ontario Fisheries Advisory Board COSEWIC - Committee on the Status of Endangered Wildlife in Canada DFO - Department of Fisheries and Oceans EA - environmental assessment EC - Environment Canada EPA - Ontario Environmental Protection Act EPMP - Environmental Process Modernization Plan EBR - Environmental Bill of Rights Registry FWCA - Fish and Wildlife Conservation Act FA - federal authority HADD - harmful alteration, disruption or destruction of fish habitat LRIA - Lakes and Rivers Improvement Act MMAH - Ministry of Municipal Affairs and Housing MOE - Ontario Ministry of the Environment MNR - Ontario Ministry of Natural Resources MTO - Ontario Ministry of Transportation NEB - National Energy Board NEBA - National Energy Board Act NMS - Nutrient Management Strategy NMP - Nutrient Management Plan NWPA - Navigable Waters Protection Act NWPP - Navigable Waters Protection Program OEAA - Ontario Environmental Assessment Act OMAFRA - Ontario Ministry of Agriculture, Food and Rural Affairs OS - Operational Statement OWRA - Ontario Water Resources Act PCA - Parks Canada Agency PIT - Project Implementation Team PLA - Public Lands Act PPS - Provincial Policy Statement PTTW - Permit to Take Water RFM - risk management framework RSFD - Resource Stewardship and Facility Development SAR - species at risk SARA - Species at Risk Act TC - Transport Canada TSW - Trent-Severn Waterway WMP - Water Management Plan WNV - West Nile Virus O N T A R I O P R O T O C O L 52

56 4.0 APPENDIX F I S H H A B I T A T P R O T O C O L APPENDIX C REFERENCE GUIDELINES, BEST MANAGEMENT PRACTICES AND RESOURCES nn Canada Ontario Agreement on Environmental Assessment Cooperation nn Declaration Order Regarding MNR s Class EA Approval for Forest Management on Crown Lands in Ontario nn Fisheries and Oceans Canada Reference Guide for Fish and Mussel Species at Risk Distribution Maps: A Referral Review Tool for Projects Affecting Aquatic Species at Risk. nn Fisheries and Oceans Canada Policy for the Management of Fish Habitat. nn Ministry of Natural Resources. 2007a. Draft Guideline to Assist MNR Staff in the Review of Wind Power Proposals In or Near Water (Including Water Crossings): Potential Impacts to Fisheries, Toronto, Ontario. 9p. nn Ministry of Natural Resources. 2007b. Draft. Wind and Water Power Projects in Ontario: The Ministry of Natural Resources Guide to Coordinated Approval Processes. nn Ministry of Natural Resources Protocol for the Review of Water Crossings Proposed Through the Forest Management Planning Process, Toronto, Ontario. 34 p. nn Ministry of Natural Resources Forest Management Planning Manual for Ontario s Crown Forests. nn Ministry of Natural Resources A Class Environmental Assessment for MNR Resource Stewardship and Facility Development Projects, Toronto, Ontario. 80p. nn Ministry of Natural Resources Water Management Planning Guidelines for Waterpower, Toronto, Ontario. 71p. nn Ministry of Natural Resources Forest Operations and Silviculture Manual. First Edition Amended April 1, nn Ministry of Natural Resources Natural Heritage Reference Manual, Toronto, Ontario. 135p. nn nn nn nn nn nn nn nn nn nn nn nn nn Ministry of Natural Resources Forest Management Planning Manual. Ministry of Natural Resources Code of Practice for Timber Management Operations in Riparian Areas. Ministry of Natural Resources Environmental Guidelines for Access Road and Water Crossings. Ministry of Natural Resources Timber Management Guidelines for the Protection of Fish Habitat. Ministry of Natural Resources Guidelines and Criteria for Approvals Under the Lakes and Rivers Improvement Act, Toronto, Ontario. 63p. Ministry of Transportation Environmental Guide for Fish and Fish Habitat. MTO / DFO / MNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings User Field Guide to the MTO / DFO/ MNR Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings Practitioners Guide to the Risk Management Framework for DFO Habitat Management Staff, Fisheries and Oceans Canada, Habitat Management Program Practitioners Guide for Writing Letters Used in Fisheries Act reviews for DFO Habitat Management Staff, Fisheries and Oceans Canada, Habitat Management Program Practitioners Guide to Habitat Compensation for DFO Habitat Management Staff, Fisheries and Oceans Canada, Habitat Management Program Practitioners Guide to Writing a Subsection 35(2) Fisheries Act Authorization for DFO Habitat Management Staff, Fisheries and Oceans Canada, Habitat Management Program Practitioners Guide to Letters of Credit for DFO Habitat Management Staff, Fisheries and Oceans Canada, Habitat Management Program 53

57 4.0 APPENDIX APPENDIX D MNR PROCESS FOR PROVIDING INPUT TO MOE CONCERNING WEST NILE VIRUS LARVICIDE TREATMENTS IN SENSITIVE AREAS Public health units may order the use of larvicides in Sensitive areas, to control mosquito populations and the spread of West Nile Virus (WNV). Decisions to implement WNV control measures are based on local risk assessments, which include consideration of the results of mosquito larvae surveillance and proximity of areas of standing water to inhabited areas. MOE is responsible for regulating and licensing the use of pesticides, including the larvicides used to control mosquito populations. The bacterial larvicides Bacillus thuringiensis israelensis (Bti) and Bacillus sphaericus are the only mosquito treatment permitted in Sensitive areas. It targets the larvae of mosquitoes and other dipterans. An inter-agency review committee has been established, in response to the potential negative impacts of such treatments on rare and sensitive species that may be present in these habitats. The committee consists of representatives from MNR, MOE, EC and DFO. The committee provides a forum for discussion of potential impacts of WNV larvicide treatments on SAR. The objective of the committee is to provide the MOE with recommendations regarding which areas are to be treated, and how, in a manner that will minimize impacts on SAR. Review Process 1. MOE advises appropriate MNR District Office, upon receipt of an application to apply Bti or B. sphaericus in a Sensitive area. MOE is responsible for providing MNR with information on the Sensitive area to be treated (name and location), and proposed Bti or B. sphaericus treatment schedule. Note: In order to facilitate information exchange and the decisionmaking process for WNV larviciding, MNR Districts are encouraged to provide public health units and MOE Regional Pesticide Officers with their maps. Provincial digital data may be available via a shared folder, at: \\mnrpbapc0888\wnv_maps. These maps show health unit boundaries, MNR district boundaries, Crown land, provincial arks, federal lands and evaluated wetlands. These are intended as a starting point for designated district or parks staff who will be dealing with health units. Districts may want to add other or better coverage as required (e.g., SAR, unevaluated wetlands, local coverage of wetlands). MNR District staff accesses the Natural Heritage Information Centre's (NHIC) Natural Areas Database to determine if any endangered, threatened or otherwise "sensitive" species are known to be present in the Sensitive area. Two species lists have been developed: one by MNR's SAR Section; and the other by NHIC. These lists will be updated on a regular basis as the evaluation and listing / regulation of SAR at both provincial and national / federal levels is an ongoing process. MNR District staff should contact the SAR Section of Ontario Parks and NHIC to ensure that the District Office has the most current versions of the lists. MNR District staff forwards this information, in confidence, to the inter-agency committee and arranges a meeting or conference call to review the information. If a species of concern is found within the Sensitive area, Ontario Parks' SAR Section, and the NHIC can provide advice on potential impacts / referrals to other experts. A site visit may help facilitate the review process. MOE, with input from MNR, provides a written summary to all participants of the decisions made. O N T A R I O P R O T O C O L 54

58 4.0 APPENDIX APPENDIX E Contact List (all Agencies) Fisheries and Oceans Canada Contact ADDRESS Telephone/Fax F I S H H A B I T A T P R O T O C O L Burlington Harvester Road Tel.: Burlington, ON L7R 4K3 Fax: referralsburlington@dfo-mpo.gc.ca Kenora P.O. Box #649 Tel.: rd Avenue South Fax: Kenora, ON P9N 3X6 referralsthunderbay@dfo-mpo.gc.ca Parry Sound 28 Waubeek Street Tel.: Parry Sound, ON P2A 1B9 Fax: referralsparrysound@dfo-mpo.gc.ca Peterborough 501 Towerhill Road, Unit 102 Tel.: Peterborough, ON K9H 7S3 Fax: referralspeterborough@dfo-mpo.gc.ca Prescott 401 King Street West Tel.: Prescott, ON K0E 1T0 Fax: referralsprescott@dfo-mpo.gc.ca London 73 Meg Drive Tel.: London, ON N6E 2V2 Fax: referralslondon@dfo-mpo.gc.ca Sault Ste. Marie 1219 Queen Street East Tel.: Sault Ste. Marie, ON P6A 2E5 Fax: referralssaultstemarie@dfo-mpo.gc.ca Sudbury 1500 Paris Street, Unit 11 Tel.: Sudbury, ON P3E 3B8 Fax: referralssudbury@dfo-mpo.gc.ca Thunder Bay Main Street Tel.: Thunder Bay, ON P7B 6R9 Fax: referralsthunderbay@dfo-mpo.gc.ca Contact ADDRESS Telephone/Fax Canadian Coast Guard Rescue, Tel.: Safety & Environmental Fax: Response 24h/ 7 days a week 55

59 4.0 APPENDIX Environment Canada Contact ADDRESS Telephone/Fax Director, Environmental Environment Canada Tel: Enforcement Division, 845 Harrington Court Fax: Ontario Region Burlington, ON L7N 3P3 O N T A R I O P R O T O C O L Manager, Inspection Section, Environment Canada Tel: Environmental Enforcement 845 Harrington Court Fax: Division, Burlington, ON L7N 3P3 Ontario Region Manager, Investigation Section, Environment Canada Tel: Environmental Enforcement 4905 Dufferin Street Fax: Division, Toronto, ON M3H 5T4 Ontario Region Manager, Environmental Environment Canada Tel: Emergencies Section 4905 Dufferin Street Fax: Environmental Protection Toronto, ON M3H 5T4 24 hr Spills: Operations Division, Ontario Region Parks Canada Contact ADDRESS Telephone/Fax Bruce Peninsula National Park/ 20 Centennial Drive Tel.: Fathom Five National Marine Park PO Box 189 Fax: Chief of Resource Conservation Tobermory, ON N0H 2R0 Georgian Bay Islands Box 9 Tel.: National Park, Midland, ON L4R 4K6 Fax: Chief of Resource Conservation Point Pelee National Park 407 Monarch Lane, RR 1 Tel.: Chief of Resource Conservation Leamington, ON N8H 3V4 Fax: Pukaskwa National Park Hwy. 627, Hattie Cove Tel.: Chief of Resource Conservation PO Box 39 Fax: Heron Bay, ON P0T 1R0 St. Lawrence Islands 2 County Road 5, RR 3 Tel.: National Park Mallorytown, ON K0E 1R0 Fax: Chief of Resource Conservation 56

60 4.0 APPENDIX Parks Canada - Continued Contact ADDRESS Telephone/Fax Rideau Canal 34A Beckwith Street South Tel.: Compliance Co-ordinator Smiths Falls, ON K7A 2A8 Fax: F I S H H A B I T A T P R O T O C O L Trent Severn Waterway PO Box 567 Tel.: Realty Manager Ashburnham Drive Fax: Peterborough, ON K9J 6Z6 Ministry of Natural Resources Contact ADDRESS Telephone/Fax Northwest Region District Contact Dryden 479 Government Street (Hwy 17) Tel.: Dryden, ON P8N 2Z4 Fax: Fort Frances 922 Scott Street Tel.: Fort Frances, ON P9A 1J4 Fax: Kenora 808 Roberton Street Tel.: Kenora, ON P9N 3X9 Fax: Nipigon 5 Wadsworth Avenue Tel.: Nipigon, ON P0T 2J0 Fax: Red Lake 227 Howey Street, Box 5003 Tel.: Red Lake, ON P0V 2M0 Fax: Sioux Lookout 49 Prince Street Tel.: Sioux Lookout, ON P8T 1A6 Fax: Thunder Bay 435 James Street South Tel.: Thunder Bay, ON P7E 6S8 Fax: Northeast Region District Contact Chapleau 190 Cherry Street Tel.: Chapleau, ON P0M 1K0 Fax: Cochrane 2 Third Avenue Tel.: Cochrane, ON P0L 1C0 Fax: Hearst 631 Front Street Tel.: Hearst, ON P0L 1N0 Fax: Kirkland Lake 10 Government Road East Tel.: Kirkland Lake, ON P2N 3K4 Fax:

61 4.0 APPENDIX Ministry of Natural Resources - Continued Contact ADDRESS Telephone/Fax North Bay 3301 Trout Lake Road Tel.: North Bay, ON P1A 4L7 Fax: O N T A R I O P R O T O C O L Sault Ste. Marie 64 Church Street Tel.: Sault Ste. Marie, ON P6A 3H3 Fax: Sudbury 3767 Hwy 69 South Tel.: Sudbury, ON P3G 1E7 Fax: Timmins Hwy 101 East, P. Bag 3090 Tel.: South Porcupine, ON P0N 1H0 Fax: Wawa Box 1160, Hwy 101 Tel.: Wawa, ON P0S 1K0 Fax: Southern Region District Contact Aurora 50 Bloomington Road West Tel.: Aurora, ON L4G 3G8 Fax: Aylmer 353 Talbot Street West Tel.: Aylmer, ON N5H 2S8 Fax: Bancroft Box 500, 106 Monck St. Tel.: Bancroft, ON K0L 1C0 Fax: Guelph 1 Stone Road West Tel.: Guelph, ON N1G 4Y2 Fax: Kemptville Box 2002, 10 Compus Dr. Tel.: Kemptville, ON K0G 1J0 Fax: Midhurst 2284 Nursery Road Tel.: Midhurst, ON L0L 1X0 Fax: Parry Sound 7 Bay Street Tel.: Parry Sound, ON P2A 1S4 Fax: Pembroke 31 Riverside Drive Tel.: Pembroke, ON K8A 8R6 Fax:

62 4.0 APPENDIX Ministry of Natural Resources - Continued Contact ADDRESS Telephone/Fax Peterborough 300 Water Street Tel.: Peterborough, ON K9J 8M5 Fax: Great Lakes Management Unit Contact F I S H H A B I T A T P R O T O C O L Erie 659 Exeter Road Tel.: London, ON N6E 1L3 Fax: Huron/Superior Upper Lakes Unit, MNR Tel.: th Avenue East Fax: Owen Sound, ON N4K 2Z1 Ontario 41 Hatchery Lane, RR #4 Tel.: Picton, ON K0K 2T0 Fax: Ministry of the Environment Contact ADDRESS Telephone/Fax Spills Action Centre 5775 Yonge Street Tel.: North York, ON Central Region Area Contact Halton Peel 4145 North Service Road Tel.: Suite 300 Fax: Burlington, ON L7L 6A3 Toronto 5775 Yonge Street Tel.: th Floor Fax: Toronto, ON M2M 4J1 York Durham 230 Westney Road South Tel.: th Floor Fax: Ajax, ON L1S 7J5 59

63 4.0 APPENDIX Ministry of the Environment - Continued Contact ADDRESS Telephone/Fax Southwestern Region Area Contact Barrie 54 Cedar Point Drive Tel.: Barrie, ON L4N 5R7 Fax: O N T A R I O P R O T O C O L London 733 Exeter Road Tel.: London, ON N6E 1L3 Fax: Owen Sound th Street East Tel.: Owen Sound, ON N4K 6H6 Fax: Sarnia 1094 London Road Tel.: Sarnia, ON N7S 1P1 Fax: Windsor 4510 Rhodes Drive Bldg Tel.: Unit 620 Fax: Windsor, ON N8W 5K5 West Central Region Area Contact Guelph 1 Stone Road West, 4th Floor Tel.: Guelph, ON N1G 4Y2 Fax: Hamilton 119 King Street West, 9th Floor Tel.: Hamilton, ON L8P 4Y7 Fax: St. Catharines 301 St. Paul Street, 9th Floor Tel.: St. Catharines, ON L2R 3M8 Fax: Northern Region Area Contact Kenora 808 Robertson Street Tel.: PO Box 5150 Fax: Kenora, ON P9N 1X9 North Bay 191 Booth Rd. Unit 16 Tel.: North Bay, ON P1A 4K3 Fax: Sault Ste. Marie 289 Bay Street, 3rd Floor Tel.: Sault Ste. Marie, ON P6A 1W7 Fax: Sudbury 199 Larch Street Tel.: Sudbury, ON P3E 5P9 Fax:

64 4.0 APPENDIX Ministry of the Environment - Continued Contact ADDRESS Telephone/Fax Thunder Bay 435 James Street South Tel.: rd Floor Fax: Thunder Bay, ON P7E 6S7 F I S H H A B I T A T P R O T O C O L Timmins PO Box 3080, Hwy 101 East Tel.: South Porcupine, ON P0N 1H0 Fax: Eastern Region Area Contact Belleville 345 College Street East Tel.: Belleville, ON K8N 5S7 Fax: Cornwall 113 Amelia Street, 1st Floor Tel.: Cornwall, ON K6H 3P1 Fax: Kingston 1259 Gardiners Road Tel.: Kingston, ON K7M 8S5 Fax: Ottawa 2430 Don Reid Dr. Tel.: Ottawa, ON K1H 1E1 Fax: Peterborough 300 Water Street, South Tower Tel.: Peterborough, ON K9J 8M5 Fax: Ministry of Agriculture, Food and Rural Affairs Contact ADDRESS Telephone/Fax Field Manager, 581 Huron Street Tel.: South West Region Stratford, ON N5A 5T8 Fax: Nutrient Management General Inquiries: Tel.: Field Manager, P.O. Box 2004 Tel.: Eastern, Central Kemptville, Ontario Fax.: and Northern Region General Enquiries: Tel.: Drainage Coordinator 1 Stone Road West Tel.: Agriculture Land Use Guelph, ON N1G 4Y2 Fax:

65 4.0 APPENDIX Conservation Authorities Contact Address Telephone/Fax Ausable Bayfield Morrison Line, RR 3 Tel.: Exeter, ON N0M 1S Fax: O N T A R I O P R O T O C O L Cataraqui Region Box 160, 1641 Perth Road Tel.: Glenburnie, ON K0H 1S0 Fax: Catfish Creek RR 5, Aylmer Tel.: ON N5H 2R4 Fax: Central Lake Ontario 100 Whiting Avenue Tel.: Oshawa, ON L1H 3T3 Fax: Conservation Halton 2596 Britannia Road West Tel.: RR 2, Milton, ON L9T 2X6 Fax: Credit Valley 1255 Old Derry Road Tel.: Mississauga, ON L5N 6R Fax: Crowe Valley 70 Hughes Lane, Box 416 Tel.: Marmora, ON K0K 2M0 Fax: Essex Region 360 Fairview Avenue West Tel.: Essex, ON N8M 1Y6 Fax: Ganaraska Region PO Box 328 Tel.: Port Hope, ON L1A 3W4 Fax: Grand River 400 Clyde Road, Box 729 Tel.: Cambridge, ON N1R 5W6 Fax: Grey Sauble RR 4, Owen Sound Tel.: ON N4K 5N6 Fax: Hamilton Region PO Box 7099 Tel.: Ext Mineral Springs Road Fax: Ancaster, ON L9G 3L3 Kawartha Region 277 Kenrei Park Road, RR 1 Tel.: Lindsay, ON K9V 4R1 Fax: Kettle Creek Ferguson Line, RR 8 Tel.: St. Thomas, ON N5P 3T3 Fax:

66 4.0 APPENDIX Conservation Authorities - Continued Contact Address Telephone/Fax Lakehead Region Box Tel.: Conservation Road Fax: Thunder Bay, ON P7B 5J9 F I S H H A B I T A T P R O T O C O L Lake Simcoe Region Box 282, 120 Bayview Parkway Tel.: Newmarket, ON L3Y 4X1 Fax: Long Point Region RR 3, Simcoe Tel.: ON N3Y 4K2 Fax: Lower Thames Valley 100 Thames Street Tel.: Chatham, ON N7L 2Y8 Fax: Lower Trent Region 441 Front Street Tel.: Trenton, ON K8V 6C1 Fax: Maitland Valley Box 127, 93 Marietta Street Tel.: Wroxeter, ON N0G 2X0 Fax: Mattagami Region 100 Lakeshore Road Tel.: Timmins, ON P4N 8R5 Fax: Mississippi Valley Box 268, Lanark Tel.: ON K0G 1K0 Fax: Niagara Peninsula 250 Thorold Road West Tel.: rd Floor Fax: Welland, ON L3C 3W2 Nickel District Tom Davies Square Tel.: Brady Street Fax: Sudbury, ON P3E 5K3 North Bay-Mattawa 15 Janey Ave Tel.: North Bay, ON P1C 1N1 Fax: Nottawasaga Valley th Line Tel.: Utopia, ON L0M 1T0 Fax: Otonabee Conservation 250 Milroy Drive Tel.: Peterborough, ON K9H 7M9 Fax: Quinte Conservation RR 2, 2061, Old Hwy 2 Tel.: Belleville, ON K8N 4Z2 Fax:

67 4.0 APPENDIX Conservation Authorities - Continued Contact Address Telephone/Fax Raisin Region PO Box 429 Tel.: County Road 2 Fax: Cornwall, ON K6H 5T2 O N T A R I O P R O T O C O L Rideau Valley Box 599, 1128 Mill Street Tel.: Manotick, ON K4M 1A5 Fax: Saugeen Valley RR 1, Hanover Tel.: ON N4N 3B8 Fax: Sault Ste. Marie 1100 Fifth Line East, RR 2 Tel.: Sault Ste. Marie, ON P6A 5K7 Fax: South Nation Box 69, 15 Union Street Tel.: Berwick, ON K0C 1G0 Fax: St. Clair Region 205 Mill Pond Crescent Tel.: Strathroy, ON N7G 3P9 Fax: Toronto and Region 5 Shoreham Drive Tel.: Downsview, ON M3N 1S4 Fax: Upper Thames River 1424 Clarke Road Tel.: London, ON N5V 5B9 Fax: Conservation Ontario Office Box 11, 120 Bayview Parkway Tel.: Newmarket, ON L3Y 4W3 Fax: Navigable Waters 100 S Front Street Tel.: Protection Program Sarnia, ON N7T 2M4 64

68 Please be aware that the actual size of this map in its final format is 20" X 16". The final format for this document will include a sleeve with this full size map as an insert. This attached map in this format is for review and approvals only.

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