Changes To Fisheries Act Authorizations Regulations Streamline Application Process

On October 15, 2026, amendments to the Authorizations Concerning Fish and Fish Habitat Protection Regulations(the “Regulations”) will come into force. The Regulations govern authorizations under the Fisheries Act for activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat (“HADD”). The amendments eliminate or defer certain application requirements in an effort to streamline the authorization approval process as part of the federal government’s Red Tape Review initiative.

Current Authorization Process Under the Fisheries Act and Regulations

The Fisheries Act is Canada’s primary legislation governing the protection and management of fish, fisheries, and fish habitat. Works and activities that result in (1) the death of fish or (2) the death of fish or harmful alteration, disruption or destruction of fish habitat are prohibited under the Fisheries Act unless authorized by the Minister of Fisheries and Oceans (the “Minister”).¹ If a work or activity is likely to result in any of these prohibited effects to fish and fish habitat, an application for a Fisheries Act authorization is required.

Under the current Regulations, applications for an authorization must be made to the Minister and include the information and documents set out in Schedule 1 of the Regulations, as well as an irrevocable letter of credit or an equivalent financial guarantee to cover the costs of implementing the applicant’s offsetting plan.² Schedule 1 requires, among other things, a detailed description of the proposed work or activity, a detailed description of the fish and fish habitat at the project location and within the area likely to be affected, a detailed description of the likely effects on fish and fish habitat, a detailed description of the avoidance and mitigation measures and standards to be implemented, and a detailed offsetting plan.

Once an application is received, the Department of Fisheries and Oceans (“DFO”) has 60 days to notify the applicant whether the application is complete, incomplete, or inadequate.³ Once the application is determined to be complete, the Minister has 90 days to either issue the authorization or notify the applicant of a refusal.⁴

Proponents should note that no Fisheries Act authorization is required for components of a project that follow a code of practice, an equivalent industry practice (“EIP”), or that constitute prescribed works. Codes of practice specify conditions and measures to avoid impacts to fish and fish habitat for routine projects. EIPs are industry-established best practices for low-risk, industry-specific projects that are considered equivalent to codes of practice. DFO encourages industry to propose additional EIPs. Proponents using a code of practice, EIP, or undertaking prescribed works must notify DFO using the online Project Submission Tool.

Overview of Key Amendments to the Regulations

The key amendments to the application process under the Regulations are as follows:

Risk Assessments, Offsetting Plans and Financial Guarantees: The amendments introduce a mandatory risk assessment as part of the application review process pursuant to which the Minister will determine whether offsetting the death of fish or HADD is required for the work or activity. As such, offsetting plan and financial guarantee requirements will be deferred until after DFO has completed its initial adequacy review and the risk assessment. Where the Minister concludes that offsetting is not required, applicants are exempt from submitting an offsetting plan or financial guarantee. Further, the requirement to provide financial guarantees will not apply to government, municipality or Indigenous governing body applicants.

Standard Information Requirements: The amended Regulations establish three schedules with streamlined information requirements: Schedule 1 for standard (non-emergency) applications, Schedule 2 for emergency situations, and a new Schedule 3 for existing facilities (discussed below). Schedule 1 is amended as follows:

• All references to “detailed description” have been replaced with “description”, and the requirement that descriptions be quantitative has been removed. These changes are intended to allow applicants to submit less detailed information, though it remains to be seen what level of detail will be accepted in practice.
• Proponents are no longer required to identify contingency measures at the application stage. Instead, if information demonstrates that avoidance, mitigation, or offsetting measures are not achieving anticipated outcomes, proponents must notify and work with DFO to develop contingency measures.
• Providing an estimate of fish species abundance is now optional rather than mandatory.
• Project engineering specifications, scale drawings, and dimension drawings are now required only for works in or near water.

Service Standards: The amendments reallocate DFO’s review timelines between the initial screening stage and the Minister’s decision-making stage:

The amendments also modify DFO’s determination of sufficiency of an initial application from “complete” to “adequate” to reflect the fact that offsetting plans and financial guarantees may be requested following DFO’s initial review and risk assessment.

Existing Facilities: The amendments introduce a new defined term, “existing facility”, which refers to a structure built before July 14, 1977 that is located wholly or partially in fish habitat. A new Schedule 3 establishes tailored information requirements for authorization applications relating to such facilities.

Indigenous Engagement: Applications must now include information with respect to engagement with Indigenous groups, including Indigenous groups that may be impacted by the work or activity, any engagement activities undertaken to date and any planned future engagement.

DFO Technical Standards: The amendments introduce the concept of “DFO Technical Standards”, defined as a document published by DFO that prescribes, for a particular type of routine project, measures to avoid or mitigate fish death or HADD. Applicants whose projects will follow the applicable technical standard will be exempt from providing information on effects on fish and fish habitat, avoidance and mitigation measures, and Indigenous engagement information. These applicants will also not be required to provide an offsetting plan or financial guarantee unless notified to the contrary.

Powers to Amend, Suspend or Cancel: The amendments expand the Minister’s powers as follows:

• The Minister may amend an authorization or impose conditions after issuance where additional measures are required to avoid, mitigate, or offset fish death or harmful alteration, disruption or destruction of fish habitat, including implementation of an offsetting plan finalized at a later stage.
• The threshold for amending, suspending, or cancelling an authorization is broadened from impacts being “greater than” anticipated to impacts being “different than” anticipated, even where overall harm is not greater.
• The Minister may amend, suspend, or cancel an authorization where new information demonstrates that the avoidance, mitigation, or offsetting measures established in the conditions of the authorization are failing to achieve the anticipated outcomes.

Concierge Service for Major Projects: DFO has established a new Concierge Service to support proponents of major projects by providing early information, advice, and guidance on Fisheries Act authorization requirements and Species at Risk Act (“SARA”) permit requirements. The Concierge Service will also assist in identifying Indigenous rightsholders and local expertise, support early and consistent engagement strategies, and identify potential issues to facilitate a streamlined regulatory process. Proponents of major projects interested in utilizing the Concierge Service may contact the regional concierge coordinator at the Fish and Fish Habitat Protection Program Office.

Looking Ahead

The amendments aim to respond to longstanding industry concerns regarding the cost and complexity of the authorization process, namely, the requirements to prepare detailed offsetting plans and provide financial guarantees at the outset of an application which were widely viewed as burdensome, especially for lower-impact projects, and difficult to satisfy early in project planning, as noted in the federal government’s Regulatory Impact Analysis Statement. By reducing upfront information requirements and adopting a more risk-based approach to offsetting and financial guarantees, the amendments have the potential to simplify the authorization process for many proponents. These changes are consistent with a broader federal trend toward streamlining and reducing timelines and administrative burdens associated with regulatory frameworks, as set out in the Treasury Board’s Cabinet Directive on Regulation. For example, recent amendments to the Physical Activities Regulations under the Impact Assessment Act (“IAA”) cause certain projects to be subject only to assessment under the Canadian Energy Regulator Act instead of assessments under both that Act and the IAA.

However, several areas of uncertainty remain to be clarified. The criteria that will guide the Minister’s risk assessments have not yet been defined in the Regulations or in published guidance and it remains unclear how the broadened threshold for amending, suspending, or cancelling authorizations will be applied in practice. In addition, DFO Technical Standards will be developed and published on a sector-specific basis over time, the first of which will relate to watercourse crossings. While DFO anticipates developing 10 technical standards within the first three years, no comprehensive rollout timeline has been published. Proponents with projects in the application pipeline or in early-stage planning should consider how these outstanding elements may affect their regulatory strategy as further guidance is published.

Applications that have been deemed complete by October 15, 2026 will continue to be processed under the current Regulations. All other applications, including those deemed incomplete or inadequate, and applications that have not yet received a determination, will transition to the amended framework on the date the amendments come into force.

Proponents should note that the amendments to the Regulations do not affect obligations under SARA. Proponents must continue to comply with SARA, including seeking authorization for activities that may affect a listed species at risk, its residences, or critical habitats identified under that Act.

Footnotes

1. Fisheries Act, ss 34.4(1), 34.4(2)(b), 35(1), 35(2)(b).

2. Regulations, s 2(1).

3. Regulations, s 4(3).

4. Regulations, s 4(5).</p.