Regulatory Corner - January 2024

Canada – Management of Existing Facilities and Structures under the Fisheries Act and the Species at Risk Act

In May 2023, as part of the implementation of the Bill C68 legislative amendments to the Fisheries Act, Fisheries and Oceans Canada released its Management of Existing Facilities and Structures under the Fisheries Act and the Species at Risk Act document to outline its position regarding application of the fish and fish habitat protection provisions of the Fisheries Act and relevant provisions of the Species at Risk Act and the Aquatic Invasive Species Regulations to existing facilities or structures in or near water frequented by fish,^Footnote1 including facilities or structures constructed prior to the passage of Bill C68.

Since that time, some dam owners and operators have been reporting either outreach by or discussions with Fisheries and Oceans Canada staff regarding their dam facilities, including situations where construction works were underway or planned.

Dam owners, operators and their consultants will want to be familiar with this federal policy document and stay abreast of the implementation of C68, given the direct relevance of this policy direction to their dams.

Further information is available at: The Management of Existing Facilities and Structures under the <em>Fisheries Act</em> and the <em>Species at Risk Act</em> (dfo-mpo.gc.ca)