Interim code of practice: repair, maintenance and construction of docks, moorings and boathouses

On this page

• About this code of practice
• Conditions
• Measures to protect fish and fish habitat
• Glossary

1.0 About this code of practice

This code of practice outlines Fisheries and Oceans Canada's (DFO) national best practices for the repair, maintenance and construction of residential docks, moorings and boathouses that are not intended for commercial and public use. Docks and boathouses are common features on the Canadian aquatic landscape, and they are integral to the recreational use of our waterways. This code of practice applies to the repair, maintenance and construction of docks, moorings and boathouses that are either floating or supported by pipes, piles, poles, anchors, concrete blocks or cantilever arms.

You can protect fish and fish habitat when proceeding with the repair, maintenance and construction of a dock, mooring or boathouse by following the measures listed below. When implemented correctly, these measures can manage the risk of harmful impacts associated with the repair, maintenance and construction of docks, moorings and boathouses, which can include:

• disturbance of water body bed and banks
• release of sediments or other deleterious substances
• changes to aquatic habitat

DFO is responsible for the conservation and protection of fish and fish habitat across Canada. Under the Fisheries Act, no one may carry out works, undertakings and activities in or near water that result in the harmful alteration, disruption or destruction (HADD) of fish habitat, or the death of fish, unless it has been authorized by DFO. Prohibitions in the Aquatic Invasive Species Regulations must also be followed unless authorized under federal or provincial law. DFO’s approval under the Species at Risk Act is also required if an activity affects an aquatic species at risk, any part of its critical habitat or the residences of its individuals.

The purpose of this code of practice is to describe the conditions under which the code can be applied to your project and the measures you are required to implement in order to prevent harmful impacts to fish and fish habitat and avoid contravention of the Fisheries Act and the Species at Risk Act. If you cannot meet all of the conditions and implement all of the applicable measures listed below, your project may result in a violation of the Fisheries Act and the Species at Risk Act and you could be subject to enforcement action.

If you are uncertain about whether this code of practice is applicable to your project, it is recommended that you consult our website or a qualified environmental professional to determine if other codes of practice should also be implemented, or if further review by DFO may be necessary. For any remaining questions, please contact the Fish and Fish Habitat Protection Program office located in your area. It remains your responsibility to comply with the Fisheries Act and the Species at Risk Act.

It is your Duty to Notify DFO if you have caused, or are about to cause, the unauthorized death of fish by means other than fishing or harmful alteration, disruption or destruction of fish habitat. Such notifications should be directed to the Fish and Fish Habitat Protection Program office located in your area.

This code of practice does not remove nor replace the obligation to comply with the requirements of any other federal, territorial, provincial or municipal regulatory agency including guidance regarding species and habitats managed by these jurisdictions.

A project review by DFO is not required when the project activities meet the description in section 1 and the conditions in section 2, and when the measures to protect fish and fish habitat set out in section 3 of this code of practice are applied. Request a project review if your project does not meet all of these requirements.

2.0 Conditions

The following conditions describe when this code of practice can be applied:

• determine if there are aquatic species at risk within the affected area by consulting our aquatic species at risk map, and confirm that the work will not take place within
• the distribution area of molluscs listed under schedule 1 of the Species at Risk Act
• the critical habitat or residences of any other aquatic species at risk
• the work does not include
• the use of explosives
• pile driving using impact hammer
• removal of vegetation, natural wood debris, rocks, sand or other materials from the banks, shoreline or the bed of the water body
• placing fill, excavating or grading the bed or bank of the water body, or dredging (If dredging for the purpose of maintaining a previously dredged navigational area, consult the code of practice for Routine Maintenance Dredging for Navigation)
• construction of a dock, mooring or boathouse over aquatic vegetation
• ensure there is no temporary or permanent increase in the existing footprint below the ordinary high water mark except for the area of the pipes, piles, poles, anchors and cement blocks
• pile installation is only allowed in freshwater environment and completed using a vibratory hammer or drilling methods
• new construction is limited to 1 dock, mooring and boathouse per property
• implement the measures in section 3 to protect fish and fish habitat when carrying out the works, undertakings and activities

3.0 Measures to protect fish and fish habitat

3.1 Protection of fish

• carry out the project in accordance with timing windows
• limit the duration of in-water works, undertakings and activities

3.2 Protection of the riparian zone

• limit vegetation removal, pruning and grubbing to the area required for accessing the site of the project site
• use existing trails, roads, access points or cut lines
• reinstate stream banks and slopes of the affected riparian zone
• re-vegetate the disturbed area with native species suitable for the project site

3.3 Protection of aquatic habitat

• limit operation of vehicles and machinery to the area required to carry out the project
• mooring anchors and chains are to be adequately sized to secure vessels or structures and prevent the anchor or chain from shifting or dragging along the bed of the watercourse or water body

3.4 Protection of fish and fish habitat from sediment

• manage sediment laden water flowing onto or through the site during all phases of the project
• install erosion and sediment controls prior to beginning the project
• develop and implement an erosion and sediment control plan for all phases of the project
  • regularly observe the watercourse or water body for signs of sedimentation during all phases of the project and take corrective action if required
  • inspect the erosion and sediment controls regularly during all phases of the project
  • repair the erosion and sediment controls during all phases of the project
  • operate machinery on land in stable areas
  • use biodegradable materials for erosion and sediment controls whenever possible
  • remove all sediment controls (unless biodegradable) once the project site has been stabilized
  • dispose of, and stabilize all excavated material above the ordinary high water mark or top of bank of any nearby watercourse or water body
• keep the erosion and sediment controls in place until all disturbed ground has been stabilized and suspended sediments have settled.

3.5 Protection of fish and fish habitat from other deleterious substances

3.5.1 Develop a prevention plan

• develop a plan to prevent deleterious substances from entering a watercourse or water body
  • maintain all machinery on site in a clean condition and free of fluid leaks
  • wash, refuel and service machinery in such a way as to prevent any deleterious substances from entering a watercourse or water body
  • store fuel and other materials for the machinery in such a way as to prevent any deleterious substance from entering a watercourse or water body
  • dispose of all waste materials on land in a designated area away from the ordinary high water mark of any watercourse or water body
  • use untreated materials (e.g., cedar, tamarack, hemlock, rocks, plastic, etc.) as supports for dock structures that will be submerged in water
  • ensure plastic barrel floats are clean prior to use in water
  • use only pre-cast, cured concrete for mooring anchors

3.5.2 Implement a response plan

• implement a response plan immediately in the event of a spill of a deleterious substance (including sediment)
• stop all works, undertakings and activities
• report spill immediately, when a deleterious substance enters a watercourse or water body
• contain water with deleterious substances
• clean-up and dispose of water contaminated with deleterious substances
• use an emergency spill kit

4.0 Glossary

Affected area

The area within which all of the proposed project impacts are likely to occur either directly (i.e., project footprint) or indirectly (i.e., downstream or other surrounding areas).

Aquatic invasive species

Aquatic invasive species are fish, invertebrate or plant species that have been introduced into a new aquatic environment, outside of their natural range. See more information on Aquatic invasive species.

Aquatic species at risk

Any aquatic species listed under Schedule 1 of the Species at Risk Act as endangered, threatened, or extirpated.

Deleterious substance

Any substance that, if added to water, would degrade, alter or form part of a process of degradation/alteration to the quality of that water so that it is possibly rendered deleterious to fish, fish habitat or to the human use of fish that frequent that water. For example: fuel, lubricants, paints, primers, rust, solvents, degreasers, antifreeze, uncured concrete, creosote, chlorinated water, herbicides, etc.

Harmful alteration, disruption or destruction (HADD)

Any temporary or permanent change to fish habitat that directly or indirectly impairs the habitat’s capacity to support 1 or more life processes of fish.

Ordinary high water mark

The usual or average level to which a body of water rises at its highest point and remains for sufficient time to change the characteristics of the land. In flowing waters (e.g., rivers, streams) this refers to the "active channel/bank-full level" which is often the 1:2 year flood flow return level. In inland lakes, wetlands or marine environments it refers to those parts of the water body, bed and banks that are frequently flooded by water so as to leave a mark on the land and where the natural vegetation changes from predominately aquatic vegetation to terrestrial vegetation (excepting water tolerant species). For reservoirs this refers to normal high operating levels (i.e., full supply level).

Riparian vegetation

Occurs adjacent to the water body and directly contributes to fish habitat by providing shade, cover and areas for spawning and food production.

Riparian zone

Area located between a water body’s ordinary high water mark and upland area. The width of the riparian zone may be further defined by provincial/territorial, municipal regulations or guidelines.

Qualified Environmental Professional (QEP)

A person who is experienced in identifying and assessing potential impacts to fish and fish habitat generated from various works, undertakings or activities conducted in or near water, and implementing management measures to avoid and mitigate them. QEPs possess a post-secondary degree or diploma in biological, geophysical or environmental sciences and are often referred to as:

• aquatic biologist
• fisheries biologist
• fluvial geomorphologist
• applied scientist
• fisheries technician
• environmental consultant
• natural resource consultant