When is dfo notification required

These may include:. Note: In most cases, DFO will be able to inform an applicant if the Department must meet other federal requirements relatively early in the review of the application. When a time limit ceases to apply as a result of the circumstances set out in subsection 6 c , d or e of the Regulations, as described above, the Minister will notify the applicant with the reasons for the cessation, as well as the next steps to resume the process subsection 4 7.

When all of the above mentioned conditions have been met, the time limit can be restarted. The Minister must notify the applicant in writing of the day on which the time limit starts over subsection 4 9. In the emergency situations prescribed in section 3 of the Regulations, an applicant requires their application to be considered immediately by DFO such that the proposed work, undertaking or activity can be carried on without delay.

Section 3 and schedule 2 of the Regulations set out the information requirements to be submitted by an applicant when they are applying for an authorization to carry on a work, undertaking or activity in response to emergency situations. This information is the basic information required to process applications under emergency situations.

Unlike applications received under non-emergency situations, applications for authorizations made in response to emergency situations are processed without time limits. The Department will process these applications on a priority basis, consistent with any other federal legislation that may apply. The applicant should use Application Form for paragraphs The applicant must sign the application.

Note: National security and national emergencies are those which are declared by the federal government in relation to public security, public health, and public safety, typically declared under an Act, a Regulation or an Order. Other emergencies may include situations when there is potential for immediate damage to property, the environment, or to public health and safety that requires the carrying on of the proposed work, undertaking or activity.

The applicant must describe the nature of the emergency which requires the proposed work, undertaking or activity to be carried on without delay. The applicant must provide the dates and duration for carrying on the proposed work, undertaking or activity. The timeline information in an application must also describe all temporal aspects about the proposed work, undertaking or activity.

The applicant must provide the location of the proposed work, undertaking or activity, including:. The applicant must identify and explain the anticipated death of fish or harmful alteration, disruption or destruction of fish habitat that is likely to be caused by the carrying on of the proposed work, undertaking or activity.

If possible, applicants must also describe the fish species potentially affected, how they may be affected, and the type of fish habitat that may be affected. For example, details of any measures and standards that an applicant plans to implement to avoid or mitigate impacts to fish and fish habitat during the carrying on of the proposed work, undertaking or activity would be beneficial.

The Minister can amend, suspend or cancel previously issued authorizations see subsections The holder of an exiting authorization can request that their authorization be amended, suspended, in whole or in part, or cancelled.

The procedure for the this process is presented in sections 5, 6 and 7 of the Regulations and in sections 6. The holder of a suspended authorization can request in writing to the Minister that their authorization be reinstated whether the suspension was made at the request of the applicant or initiated by the Minister.

Information on requesting the reinstatement of an authorization can be found in subsection 9 5 of the Regulations and in section 6. They are identical to the timelines for an initial application for authorization.

The request must be submitted to the Minister in writing and must include:. The authorization holder must provide the file number s associated with the original authorization to ensure the previously submitted information is properly referenced when reviewing the request for an amendment.

The authorization holder must provide a detailed description of the proposed amendment. This information is required to provide background about the proposed changes to the previously authorized work, undertaking or activity. The holder of the authorization requesting an amendment must provide the information and documents that appear in Schedule 1 or 2 of the Regulations if they are necessary for the amendment requested. If the information and documents supporting the original application - and now necessary for the change request - have become obsolete, the holder of the authorisation must provide updates.

A description of the information and documentation required for an application for authorization is provided in sections 4. Detailed description of the likely effects of the amendment on fish and fish habitat. This description is intended to identify the effects, direct or indirect, on fish and fish habitat that may be caused by the requested amendment.

Refer to section 4. The request must be submitted to the Minister in writing and must include. Authorization holders seeking to suspend an existing authorization in whole or in part should use the Form for Authorization Holders to Request the Suspension or Cancellation of an Authorization. The authorization holder must provide the file number s associated with the original authorization to ensure the previously submitted information is properly referenced when reviewing the request for a suspension.

At any time during the suspension the authorization holder can request in writing to have the suspension period extended or to have the authorization reinstated. The authorization holder must provide a detailed description of the reason for which they are requesting a suspension, in whole or in part of the authorisation.

This information is required to provide background about the circumstances that arose that require the relevant works, undertakings or activities to be suspended. Detailed description of the likely effects of the suspension on fish and fish habitat. This description is intended to identify the effects, direct or indirect, on fish and fish habitat that may be caused by the requested suspension. Authorization holders seeking to cancel an existing authorization should use the Form for Authorization Holders to Request the Suspension or Cancellation of an Authorization.

The authorization holder must provide the file number s associated with the original authorization to ensure the previously submitted information is properly referenced when reviewing the request for a cancellation.

The authorization holder must provide the date on which they are requesting for the authorization to be cancelled. Upon cancellation the authorization cannot be reinstated. The authorization holder must provide a detailed description of the reason for which they are requesting a cancellation.

This information is required to provide background about the circumstances that arose that require authorization to be cancelled. Detailed description of the likely effects of the cancellation on fish and fish habitat. This description is intended to identify the effects, direct or indirect, on fish and fish habitat that may be caused by the requested cancellation.

If the request is incomplete or inadequate, the notification must specify the information or documents to be provided. Subsection 2 applies again to the request, except that the period begins on the date indicated in the confirmation of receipt.

The same processes and rules that apply to the initial application for an authorisation also apply to a request for amendment, suspension, or cancellation. Those processes are described at section 4. The Minister has 90 days from the date that the notice is given that an application is complete, to render his or her decision. The Minister will send the holder of the authorization written notice of his or her decision to amend, suspend, or cancel the authorization, or the refusal to do so.

This notice would include the effective date and, in the case of a suspension, the duration if known. Any part of the initial authorization that was unaffected by the amendment or suspension would remain valid and continue to take effect until the expiry of the authorization. The Minister may, on his or her own initiative, amend, suspend, in whole or in part, or cancel in whole an authorization under the circumstances specified in the Regulations.

If this is the case, the authorization holder will be granted the opportunity to make written representations to the Minister. Under circumstances where the Minister has to prevent the imminent death of fish or the imminent harmful alteration, disruption or destruction of fish habitat he or she will be able to suspend an authorization without giving the authorization holder an opportunity to provide written representations.

Once a decision had been reached, the Minister will provide the authorization holder with written notice of his or her decision to amend, suspend or cancel an authorization, which would have to include the effective date and, in the case of a suspension, the duration, if known.

The Minister may require the authorization holder to submit a request for amendment in order to reinstate the authorization. The Minister may reinstate a suspended authorization at the expiry of the period indicated in the notice of suspension or, upon written request, at any time during the suspension.

This request for reinstatement may be necessary because the notice of suspension did not include a reinstatement date or because the holder wishes to reinstate it before the date indicated on the notice of suspension if the matter that gave rise to the suspension has been resolved or corrected. The holder of an authorization could also, at the request of the Minister, be required to submit a request for the amendment of their authorization.

The Credit may be drawn on, by you, at any time and from time to time upon written demand by you. We will honour any such demand made by you without inquiring whether you have a right as between yourself and our Customer to make such demand and without recognizing any claim, instructions, direction or notification to the contrary from the Customer.

This original Letter of Credit must also be presented at the time for endorsement of the claim paid and will be returned to you. An applicant should follow three basic steps to ensure that their estimate accurately reflects the costs that will be incurred to complete the offsetting plan.

E: lwarner dillon. E: jwright dillon. Related Clients: Categories: Tags:. Sep 5, On June 21st, the new Fisheries Act received royal assent and became law.

We have reviewed the new information. A brief summary can be found here A "Self-Assessment" process remains to determine if a project needs a review by DFO. However, the term "self-assessment" is no longer used and the assessment process has been updated. The project review process and steps to follow to help you decide if your project requires a review. A blue economy requires a strategy to create jobs in coastal communities while ensuring our oceans remain healthy.

Have your say about how we modernize and develop new policies and products to implement the fish and fish habitat protection provisions of the Fisheries Act. Projects near water Protect fish and fish habitat, request a project review or authorization, and get information about Federal contaminated sites. Request a review of your project near water The project review process and steps to follow to help you decide if your project requires a review.

Protecting fish and fish habitat Measures to protect fish and fish habitat. Standards and codes of practice Best practices to protect fish and fish habitat. Engagement and partnerships Engagement strategies and partnerships for habitat and resource conservation and protection.