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Forward Regulatory Plan 2024-2026

Fisheries Management

Nunavut Fishery Regulations

Enabling act(s): Fisheries Act; Nunavut Land Claims Agreement Act (Nunavut Agreement), Nunavik Inuit Land Claims Agreement Act (Nunavik Inuit Land Claims Agreement).

Description of the objective

Although the Nunavut Agreement came into effect in 1993 and Nunavut was established in 1999, Nunavut fisheries are still managed under a suite of fishery regulations including the Northwest Territories Fishery Regulations, the Marine Mammal Regulations, the Fishery (General) Regulations, the Atlantic Fishery Regulations. New regulations are needed that are consistent with harvesting rights and wildlife management systems established under northern land claims agreements, and to modernize governance structures that support implementation of Indigenous self-determination.

The proposed Nunavut Fishery Regulations are being co-developed by Fisheries and Oceans Canada (DFO), Nunavut Tunngavik Incorporated, Nunavut Wildlife Management Board, the Government of Nunavut, and the Makivik Corporation. The proposed regulations would apply to all fish (including marine mammals) as defined by the Fisheries Act, and to Nunavut and adjacent marine waters (including the Areas of Equal Use and Occupancy, the Nunavik Marine Region, and the Eeyou Marine Region).

The development of new Nunavut Fishery Regulations would help meet Canada’s obligations to implement the fishery management elements of several Land Claim Agreements, and in particular would help to:

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

The Nunavut Fishery Regulations are being co-developed in partnership with Nunavut Tunngavik Incorporated, the Government of Nunavut, the Government of Nunavut, and the Nunavut Wildlife Management Board, along with Makivik Corporation representing the interests of Nunavik Inuit in areas of equal use and occupancy.

As part of the regulatory development process, consultation and engagement sessions with Nunavut and Nunavik community members, beneficiaries, key Indigenous parties, co-management organizations and stakeholders will take place.

This initiative may have implications for fisheries whose stocks straddle Canada’s Exclusive Economic Zone, particularly Northwest Atlantic Fisheries Organization managed stocks. Appropriate consultations with international partners will take place as needed.

Public consultation opportunities

Further engagement and consultation will take place with rights holders, and as well as with other governments, Indigenous communities and stakeholders inside and adjacent to Nunavut.

A draft policy proposal and subsequent pre-publication of the regulatory proposal is targeted for the 2024-26 planning period, subject to the support of co-development partners.

Further information

While the initial policy consultation period has closed, more information on the proposed Nunavut Fishery Regulations can be found here.

Departmental contact

Jason Simms
A/Regional Director of Fisheries Management
Central and Arctic Region
Telephone: 709-765-1376
Email: jason.simms@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2018

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Pacific Fishery Regulations, 1993 – Stand-Alone Licences for Lingcod and Spiny Dogfish

Enabling act: Fisheries Act

Description of the objective

The proposed regulatory amendments would create standalone licences for Lingcod and Spiny Dogfish. Fishing for these species is currently authorized through licence conditions of vessel-based licences (“primary licences”), which allow harvest of a primary species (e.g. salmon, halibut, sablefish, etc.) and all Schedule II species.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

No regulatory cooperation efforts are required due to the nature of the proposed amendments.

Public consultation opportunities

Some commercial fishing sectors have been engaged in the development of this proposal. Other stakeholders will be engaged through regular advisory processes across the Pacific region.

Information on future consultation opportunities for this regulatory proposal will be provided as it becomes available.

Further information

N/A

Departmental contact

Glen Lehtovaara
Chief of Regulations, Pacific Region
Telephone: 250-895-0641
E-mail: glen.lehtovaara@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2021

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Amendments to the Atlantic Fishery Regulations, 1985, the Maritime Provinces Fishery Regulations and the Newfoundland and Labrador Fishery Regulations – Tending Fishing Gear

Enabling act: Fisheries Act

Description of the objective

The Atlantic Fishery Regulations (AFR), Maritime Provinces Fishery Regulations (MPFR) and Newfoundland and Labrador Fishery Regulations (NLFR) have sections prohibiting any person from leaving fishing gear unattended in the water for more than 72 consecutive hours (96 hours for the NLFR). The purpose of these provisions is to minimize loss of fishing gear, incidental mortality, the potential for gear conflict, and spoilage of catch. The proposed amendments would provide for flexibility to consider alternative gear tending requirements on a fishery-by-fishery basis, such as longer or shorter gear tending times, where appropriate.

Indication of business impacts

Since the objective of the amendments are to increase flexibility, for commercial harvesters, there may be positive business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

No regulatory cooperation efforts are required due to the nature of the proposed amendments.

However, discussions will be held with other agencies (e.g. provincial governments, Transport Canada) as appropriate to ensure they are aware of proposed changes and have opportunity to raise any concerns.

Public consultation opportunities

Some commercial fleets have already been engaged in the development of the proposal. Others will be engaged through regular advisory processes across Atlantic Canada where there is reason to believe there would be significant interest. Non-fishery stakeholders will also be engaged prior to pre-publication of this regulatory proposal. Upon pre-publication of this regulatory proposal, stakeholders and the public will have another opportunity to comment during an official 30-day comment period.

Further information

N/A

Departmental contact

Denis Madore
Manager, Domestic Fisheries Policy
Telephone: 343-572-4788
Email: denis.madore@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2019

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Amendments to various regulations under the Fisheries Act (Close Times)

Enabling act: Fisheries Act

Description of the objective

DFO is in the process of addressing issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) regarding token or year-long fishery close times as set out in various regulations under the Fisheries Act. DFO would amend close times, as appropriate, in order to better reflect when fishing should not occur for conservation, biological or management reasons.

The proposed amendments would be made in a manner that would provide for the continuation of an orderly fishery, and preserve the DFO’s ability to address conservation concerns.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

No regulatory cooperation efforts are required due to the nature of the proposed amendments.

Public consultation opportunities

Information on future consultation opportunities for this regulatory proposal will be provided as it becomes available.

Further information

N/A

Departmental contact

Houman Kousha
Manager, Regulatory Affairs, Strategic Policy Directorate
Email: houman.kousha@dfo-mpo.gc.ca.

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2021

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Regulatory amendments related to the elver (juvenile eel) fishery

Enabling act: Fisheries Act

Description of the objective

Over the past decade, the value of the elver fishery has increased exponentially. It is now the most valuable fish sold in Canada, selling at over $5,000 per kg at times. There have been increasing levels of elver harvesting without a DFO licence in Nova Scotia (NS) and New Brunswick (NB), and widespread unauthorized sale and export to Asian aquaculture markets. In 2023 and 2020, the licensed elver fishery was closed partway through the harvest season due to conservation concerns for the species and violent confrontations posing a threat to the proper control and management of the fishery, as well as human safety. Regulatory amendments to support the sustainability of the elver fishery and curb illegal harvesting and export are being contemplated, including potentially introducing a prohibition on possessing elvers without a licence, import/export controls, and reporting requirements to support traceability and monitoring.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

To help inform the regulatory development process, DFO is engaging provincial fishery authorities in NS and NB, other government departments and agencies such as the Canadian Food Inspection Agency, Canada Border Services Agency and Environment and Climate Change Canada, as well as US authorities (e.g. state of Maine), on matters such as best practices related to traceability and implementation of export controls.

Public consultation opportunities

Consultations are ongoing and are expected to continue into 2024.

Further information

N/A

Departmental contact

Marc Clemens
Manager, Domestic Fisheries Policy
Telephone: 613-404-8587
Email: marc.clemens@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2023

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Aquaculture Management

Phased Development of the General Aquaculture Regulations

Enabling act: Fisheries Act

Description of the objective

DFO is developing the General Aquaculture Regulations (GAR) to improve and consolidate DFO's diverse regulatory provisions pertaining to aquaculture into one comprehensive set of regulations. The proposed GAR is an initiative identified in the Agri-food and Aquaculture Regulatory Roadmap, a product of the first round of Targeted Regulatory Reviews coordinated by the Treasury Board of Canada Secretariat. The Roadmap lays out a regulatory modernization plan in support of innovation and economic growth in the agri-food and aquaculture sector.

The GAR would streamline aquaculture-specific regulatory provisions, reduce red tape and administrative burden, increase regulatory transparency, and consider forward-looking authorities. The proposed new regulations would provide clarity and certainty to the aquaculture industry, while enhancing environmental protection and overall sustainability of the sector.

Development of the GAR would consider the shared federal-provincial-territorial jurisdiction over aquaculture, avoid duplication with provincial-territorial legislation and regulations, and recognize regional differences in the aquaculture sector where applicable.

DFO is developing the GAR in phases. This phased approach allows DFO to reduce red tape and administrative burden, and address immediate modernization priorities, in the short term, while work continues on developing the proposed GAR.

As outlined below, in phases I and II DFO is undertaking amendments to improve aquaculture-related content within existing Fisheries Act regulations. Subsequently in phase III, the GAR will be created, consolidating aquaculture-related regulatory provisions into one comprehensive set of regulations and incorporating additional improvements not completed in phases I-II. It is anticipated that the GAR will be created under a proposed new federal aquaculture act.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

As part of the development of the proposed regulations, DFO will work closely with provinces and territories, though the Canadian Council of Fisheries and Aquaculture Ministers, to respect provincial/territorial jurisdictions and endeavour to align with their aquaculture regimes.

As an outcome of direct involvement with the Canada-United States Regulatory Cooperation Council on aquaculture regulatory issues, DFO is committed to ongoing bilateral discussions with the U.S. National Oceanic and Atmospheric Administration (NOAA). Elements of the proposed GAR may be raised in this forum in the future.

Public consultation opportunities

Indigenous engagement and consultations on the proposed amendments to the AAR (phase II) are expected to take place during the 2024-2026 planning period.

Further information

For information on the Targeted Regulatory Review: Agri-food and Aquaculture Roadmap click here.

Departmental contact

Dean Medeiros
Manager, Aquaculture Policy Directorate
Telephone: 613-301-1904
E-mail: dean.medeiros@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2019

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Fish and Fish Habitat Protection

Prescribed Works And Waters Regulations

Enabling act: Fisheries Act

Description of the objective

The proposed regulations would provide exception to the Fisheries Act prohibitions against the death of fish (section 34.4 (1)) and the harmful alteration, disruption or destruction of fish habitat (section 35 (1)) for prescribed classes of routine works, carried on in prescribed waters, in accordance with enforceable conditions. Conditions would include mandatory notification requirements and best available mitigation measures.

Regulations would increase regulatory efficiency by allowing routine activities, whose impacts are predictable and can be managed with class-specific measures, to be authorized without the need for a site-specific review by the department. This would ensure that the level of effort and resources expended by proponents and the department are commensurate with the level of risk to fish and fish habitat.

In addition, Regulations would:

The first class of works that DFO is evaluating is maintenance and repair of municipal drains in Ontario. Municipal drains are constructed or altered natural watercourses established by municipal by-law pursuant to the Ontario Drainage Act. Drains remove excess water from agricultural and nearby lands to improve crop productivity and control flooding, and they provide valuable habitat for many species of fish.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

No regulatory cooperation efforts are required due to the nature of the proposed amendments. However, the proposed regulations may have the potential to lay the groundwork for the establishment of future equivalency arrangements with other regulators (provinces, territories, Indigenous governing bodies).

Public consultation opportunities

Public consultation with Indigenous organizations and stakeholders were conducted between 2021 and 2023 on certain classes, conditions and waterbodies that could be codified in the regulations.

Upon pre-publication of this regulatory proposal in the Canada Gazette, Part I, stakeholders, Indigenous organizations and the public would have another opportunity to comment during the official comment period.

Further information

N/A.

Departmental contact

Miriam Padolsky
Director, Ecosystems Management Policies & Practices
Telephone: 613-762-8316
Email: miriam.padolsky@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan:  2021

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Fisheries Policy

Fishery (General) Regulations - Fish Stocks

Enabling act: Fisheries Act

Description of the Proposed Regulation

Regulations are proposed to prescribe the second “batch” of major stocks that will be subject to the Fish Stocks provisions by amending Schedule IX of the Fishery (General) Regulations. Amongst other things, the Fish Stocks provisions would require the Minister of Fisheries and Oceans to:

Indication of business impacts

The proposed regulations introduce process requirements on DFO that build upon existing policies. The “One-for-One” Rule and/or Small Business Lens do not apply.

Regulatory cooperation efforts (domestic and international)

No regulatory cooperation efforts are required due to the nature of the proposed amendments.

Public consultation opportunities

DFO consulted on the proposed “batch 2” list of stocks to be prescribed by regulation to the Fish Stock provisions (ss. 6.1-6.3 Fisheries Act) on its website for a 60-day public comment period in fall 2022. Following this, it is anticipated that the regulations would be pre-published in the Canada Gazette, Part I, over the course of the 2024-2026 planning period.

Further information

N/A

Departmental contact

Ingrid Burgetz
A/Director, Domestic Fisheries Policy
Email: ingrid.burgetz@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2022

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Marine Protected Areas and Marine Conservation

Marine Protected Areas

Enabling act: Oceans Act

Description of the objective

The Government of Canada has committed to conserving 25 per cent of Canada’s marine and coastal areas by 2025, and 30 per cent by 2030. Regulations may be developed under the Oceans Act to designate certain areas of the sea as Marine Protected Areas (MPAs). These areas can be designated to provide for the conservation and protection of:

MPAs are one of a suite of management tools that contribute to the improved health, integrity and productivity of our marine ecosystems and help advance integrated ocean management. The designation of MPAs is an ongoing process. Under the Oceans Act, MPAs may be designated either by Ministerial Order to freeze the footprint of human activities within their boundaries for a period no longer than 5 years, or through Governor in Council (GiC) regulations to provide comprehensive, long-term protection. Upcoming MPAs are expected to be made under each of these authorities based on their unique circumstances.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

The designation of MPAs contributes to Canada's efforts to implement measures relating to several international agreements, the most significant being the Convention on Biological Diversity (CBD). In December 2022, Parties to the CBD adopted the Kunming-Montreal Global Biodiversity Framework which includes the target to conserve at least 30 per cent of coastal and marine areas globally by 2030 (Target 3). The designation of MPAs would contribute to meeting these new international objectives.

Public consultation opportunities

Since the designation process can be complex, DFO is striving to ensure that the designation of an MPA is rooted in consultation with stakeholders, other orders of government, and Indigenous partners. Stakeholder Advisory Committees (composed of an array of affected/interested partners and stakeholders) participate in the policy work leading to the designation of each MPA. Local communities are also consulted to the extent possible. When proposed MPAs are pre-published in Canada Gazette, Part I, the public will have a minimum of 30 days to provide comments to DFO.

The proposed Order No. 2 Designating the Tuvaijuittuq MPA was pre-published in Canada Gazette, Part I, on December 23, 2023, for a 30 day public co mment period. DFO expects to seek approval on the final order to designate this MPA for an additional 5 years during the 2024-2026 planning cycle.

It is anticipated that the Sarvarjuaq Study Area and the Qikiqtait Study Area will be proposed for designation as MPAs by Ministerial Order interim protection in the Canada Gazette, Part I, during the 2024-2026 planning period, freezing the footprint of human activities within their boundaries for a period no longer than 5 years.

It is also anticipated that the Fundian Channel-Browns Bank Marine Area of Interest will be proposed for designation as an MPA by the Governor in Council in the Canada Gazette, Part I, during the 2024-2026 planning period. The proposed regulations would establish long term protections for the Area of Interest.

More information on areas being considered for designation as an MPA may be found on DFO’s website. Additional opportunities for public consultation on these proposed sites are anticipated during the 2024-2026 planning period.

Further information

Additional information regarding these initiatives can be found on DFO’s website, on the Areas of Interest page. Individual pages for each Area of Interest, including overviews, key objectives and approach, additional resources, and contact information can be found through that link.

Departmental contact

Elizabeth Edmondson
Acting Manager, Marine Conservation Operations
Telephone: 613-853-2839
E-mail: Elizabeth.Edmondson@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2012 (Ongoing)

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Biodiversity Protection Regulations (s.43.3 of the Fisheries Act)

Enabling act: Fisheries Act

Description of the objective

The Government of Canada has committed to conserving 25 per cent of Canada's marine and coastal area by 2025, and 30 per cent by 2030. A key part of Canada's plan to meet these targets is the establishment of Marine Refuges that qualify as "other effective area-based conservation measures" (“OECMs”) according to DFO science-based marine criteria.

The legislative tools that are currently used for the creation of Marine Refuges in Canada's oceans are licence conditions or variation orders under the Fisheries Act. Licence conditions and variation orders under the Fisheries Act can be in place for long durations, subject to the Minister's discretion.

In addition, the modernized Fisheries Act (2019) provides the Minister with authority to make regulations to establish long term spatial restrictions to fishing activities, specifically for the purpose of conserving and protecting marine biodiversity.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

Establishing OECMs via ministerial regulations contributes to Canada's efforts to implement measures relating to several international agreements, the most significant being the Convention on Biological Diversity (CBD). On December 9, 2022, Fisheries and Oceans Canada (DFO) published the Government of Canada’s 2022 Guidance for Recognizing Marine Other Effective Area-Based Conservation Measures (OECM), which reflects the 2018 United Nations’ Convention on Biological Diversity (CBD) voluntary guidance and the 2019 Government of Canada marine OECM Protection Standard.

In December 2022, Parties to the CBD adopted the Kunming-Montreal Global Biodiversity Framework which includes the target to conserve at least 30 per cent of coastal and marine areas globally by 2030 (Target 3). The establishment of the OECMs via ministerial regulations will contribute to meeting these new international guidance and objectives.

Public consultation opportunities

The concept of establishing existing and future OECMs via ministerial regulations for the purpose of biodiversity protection has been included in broad engagement activities for the Fisheries Act Bill (Bill C-68); an Act to amend the Fisheries Act and other Acts in consequence.

Ministerial regulations could be made for existing and new OECMs, under the new regulatory authority to establish biodiversity protection regulations. Provincial and territorial governments, Indigenous groups and co-management partners, implicated fisheries advisory committees, and Environmental Non-Governmental Organizations will be engaged and consulted on these regulations.

It is anticipated that biodiversity protection regulations for the Scott Islands Protected Marine Area will be proposed by Ministerial Order in Canada Gazette, Part I during the 2024-2026 planning period. The proposed regulations would establish long term protections in support of the conservation objectives of the Scott Islands National Wildlife Area established by Environment and Climate Change Canada. When the proposed regulations will be pre-published in Canada Gazette, Part I, the public will have 30 days to provide comments to DFO.

Further information

General information about all existing marine refuges and OECMs can be found here.

A geospatial dataset can be downloaded here.

The two web pages above are for information purposes only, and should not be considered legally authoritative. Please contact your local fishery officer for official coordinates and information about these closures.

Departmental contacts

Elizabeth Edmunson
Manager, Marine Conservation Operations
Telephone: 613-853-2839
E-mail:  elizabeth.edmondson@dfo-mpo.gc.ca

Brett Gilchrist
Director, Integrated Resource Management
Telephone: 613-998-1779
E-mail: Brett.Gilchrist@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan : 2018 (Ongoing)

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Species At Risk (Aquatic)

Proposed Listing Decisions for Aquatic Species under the Species At Risk Act

Enabling act: Species at Risk Act

Description of the objective

Changes to the List of Wildlife Species at Risk (Schedule 1 or the List) are made by an Order of the Governor in Council (GiC), on the recommendation of the Minister of the Environment. An amendment to the List is considered a regulation within the meaning of the Statutory Instruments Act. Before making the recommendation, the Minister of the Environment must consult the competent minister or ministers for the species. The Minister of Fisheries and Oceans is the competent minister for aquatic species, other than individuals in or on federal lands administered by the Parks Canada Agency. To that end, DFO prepares listing advice for the Minister of Fisheries and Oceans to provide to the Minister of the Environment for his consideration in making listing recommendations to the GiC with respect to aquatic species.

Aquatic species listed on Schedule 1 as extirpated, endangered or threatened are, upon being listed, subject to the prohibitions under the Species at Risk Act (SARA) against the killing, harming, harassing, capturing, taking, possessing, collecting, buying, selling or trading of individuals of the listed species. It is also prohibited to damage or destroy the residence of individuals of a species that is listed as endangered or threatened, or that is listed as extirpated if a recovery strategy has recommended the reintroduction of the species into the wild in Canada. There are no prohibitions associated with aquatic species listed as species of special concern. SARA requires that an aquatic species' critical habitat be legally protected within 180 days of its identification in a final recovery strategy or action plan posted on the Species at Risk Public Registry.

This is a recurring process to amend Schedule 1 of SARA, based on the assessments of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). For species that are not yet on the List, the GiC may, on the recommendation of the Minister of the Environment, add a species to the List, decide not to add a species to the List, or refer the matter back to COSEWIC for further information or consideration. For species already on the List, the GiC may, on the recommendation of the Minister of the Environment, reclassify the species or remove it from the List. DFO takes into account a variety of factors in forming listing advice, including; science, stakeholder consultations, socio-economic analysis and species management.

The regulatory proposals would amend Schedule 1 of SARA to reflect assessments done by the COSEWIC. The orders would propose that the GiC, on the recommendation of the Minister of the Environment, either 1) decide to add aquatic species to Schedule 1; 2) decide not to add aquatic species to Schedule 1; or 3) refer the matter back to COSEWIC.

The regulatory proposals aim to help to maintain Canada’s biodiversity and the wellbeing of Canadian ecosystems through the recovery and protection of species at risk.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

No regulatory cooperation efforts are required due to the nature of the proposed amendments.

However, there may be opportunities for regulatory cooperation efforts, for those species at risk that are added to Schedule 1, once DFO commences recovery planning required subsequent to listing.

Public consultation opportunities

Thorough and broad consultations are carried out in support of the development of listing recommendations. In addition, DFO offers face-to-face meetings, or other forms of direct engagement, as appropriate. Various documents are published for public comment on the web-based Species at Risk Public Registry. An additional comment opportunity will be provided during the pre-publication of the proposed listing decisions in the Canada Gazette, Part I.

Further information

Information will be made available on each listing decision being proposed through the Species at Risk Public Registry, after a GiC decision.

Departmental contact

Corina Busby
Operations Manager, Species at Risk, Program Management
Telephone: 613-218-5945
E-mail: corina.busby@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2012 (Ongoing)

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Orders for the Critical Habitat of Aquatic Species Listed Under The Species At Risk Act

Enabling act: Species at Risk Act

Description of the objective

Critical habitat is the habitat that is necessary for the survival or recovery of a wildlife species listed under the Species at Risk Act (SARA) and that is identified as the species' critical habitat in the recovery strategy or in an action plan for the species. Critical Habitat Orders (CHO) provide legal protection to the critical habitats of listed endangered or threatened species, or of a listed extirpated species, if a recovery strategy has recommended its reintroduction into the wild in Canada, through the application of the prohibition in subsection 58(1) of SARA against the destruction of any part of the species’ critical habitat.

SARA requires that the critical habitat be legally protected by provisions in, or measures under, SARA or any other Act of Parliament or by the application of subsection 58(1) of SARA within 180 days after the posting, on the Species at Risk Public Registry, of the final recovery strategy or action plan that identified the critical habitat.

CHOs for other aquatic species will be developed as recovery strategies or action plans, that identify critical habitat, are finalized.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

The implementation of these SARA CHOs will complement existing federal legislation, such as the Fisheries Act.

SARA is a key tool for the conservation and protection of Canada’s biological diversity and fulfills a commitment made under the United Nations Convention on Biological Diversity. As such, the Orders will respect this international agreement in furthering the protection of significant habitats in Canada to conserve a Canadian species at risk.

There are no international trade agreements that will be impacted as a result of the CHOs.

Public consultation opportunities

For all species, consultation on the CHO begins during the preparation of the recovery strategy or action plan that identifies critical habitat. SARA mandates that the recovery strategy and action plan be prepared in cooperation and consultation with certain persons, organizations or wildlife management boards. Upon completion, the proposed recovery strategy or action plan is included on the Species at Risk Public Registry, at which time all Canadians are given a 60 day period to provide comments. The Minister of Fisheries and Oceans then has 30 days to review the comments or make appropriate changes before posting a final version of the recovery strategy or action plan on the Public Registry.

During the 2024-2026 planning period, it is anticipated that for some species, the proposed CHO will be pre-published in the Canada Gazette, Part I to give Canadians a further 30 day notice period to provide comments. After the closure of the pre-publication period, the final version of the CHO is published in the Canada Gazette, Part II.

Further information

You can visit the Species at Risk Public Registry for more information on aquatic species at risk and critical habitat.

Departmental contact

Julie Châteauvert
Manager, Species at Risk Recovery and Protection Manager
Telephone: 343-571-4670
Email: julie.châteauvert@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2012 (Ongoing)

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

Amendments to Provincial and Territorial Regulations

Regulations Amending Certain Provincial or Territorial Regulations made under Federal Legislation

Enabling act(s): Fisheries Act

Description of the objective

Most provinces and territories administer and enforce federal regulations for the management of freshwater species in their respective jurisdictions through delegated administrative arrangements with the federal government. While those provinces and territories lead the implementation of the regulations, federal legislation must be amended by the Governor in Council (GiC).

Examples of regulations made under the Fisheries Act that may be amended at the request of the respective province or territory include the following:

Regulatory cooperation efforts (domestic and international)

The proposed amendments are developed in cooperation with the respective responsible provincial and/or territorial authority.

Public consultation opportunities

Province and territories carry out consultations respecting proposed amendments to the regulations for which they have delegated responsibilities. The lead P/T agencies responsible for fisheries management will plan and execute public consultations, and will advise stakeholders and partners of such opportunities through their respective communications portals.

Further information

N/A

Departmental contact

For further information, please contact the responsible provincial or territorial government program.

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2023

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

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