On November 25, 2013, significant amendments to the fish protection provisions in the federal Fisheries Act came into force. For more information, please see our earlier blog post here.
Authorizations issued by Fisheries and Oceans Canada (DFO) prior to November 25, 2013 continue to be valid, but holders can apply for a review of their authorization to confirm whether it could be amended or cancelled given the amendments to the Act. If certain terms or conditions of the authorization are no longer required because the project will not cause "serious harm" to fish, then the authorization could be cancelled or amended. The deadline for requesting a review is February 24, 2014. There will be no extensions available.
Holders of an authorization should be aware that seeking amendments or changes to their authorization could trigger a duty to consult with potentially affected Aboriginal groups. In addition, if the terms and conditions of an authorization are linked to an environmental assessment certificate, then DFO may be precluded from amending or cancelling the authorization.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
