Interim code of practice: repair and maintenance of in-water structures

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 and maintenance of existing in-water structures (in freshwater and marine environments) associated with harbors, marinas, ports and public boat launches. For the purposes of this code of practice, in-water structures include: piers, wharves, groynes, docks, boat launch ramps/slipways, breakwaters and moorings.

There are 2 categories of repair and maintenance activities:

• activities that take place above the ordinary highwater mark (OHWM)
• activities that take place below the ordinary high water mark.

These activities can include, but are not limited to:

• above the OHWM
  • decking, wheel guards, fender piles, beams, cross bracing, ladders, bollards and cleats
• below the OHWM
  • floating wharves, wharves with chains and anchor blocks, wharves with pipe, piles or H-piles, wave breaks, breakwaters and moorings
  • berlin wall encapsulating an existing structure (e.g., timber crib, timber pile)
  • sheet steel piles encapsulating an existing structure
  • steel plate welding over an existing sheet steel piling
  • repositioning of existing armour stone for breakwaters
  • concrete facing of existing cribs
  • resurfacing of existing boat launches and ramps

You can protect fish and fish habitat when proceeding with the repair and maintenance of in-water structures by following the measures listed below. When implemented correctly, these measures can manage the risk of harmful impacts associated with the repair and maintenance of in-water structures, which can include:

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

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.

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, and prohibitions in the Aquatic Invasive Species Regulations must 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.

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/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 you 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
• this work does not include
• use of explosives
• pile driving
• sheet pile driving
• placing fill, excavating or grading, 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)
• ensure that there is no temporary or permanent increase in the existing footprint below the ordinary high water mark
• 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
• screen intake pipes during all phases of the project
• capture and relocate motile invertebrate (non-invasive) species from the removed piles and return them to suitable nearby habitat outside of the project footprint

3.2 Protection of aquatic habitat

• limit disturbance of fish habitat features (e.g., aquatic plants, rocks, woody material) to the area required to carry out the project
  • operate machinery on land, from wharf, barges or on ice during all phases of the project
  • limit operation of vehicles and machinery to the area required to carry out the project
• ensure that machinery arrives on the project site in a clean condition and is maintained free of invasive species and noxious weeds

3.3 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 control measures prior to beginning on the project
• install turbidity curtain during any in-water activities
• 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 suspended sediment during all phases of the project and take corrective action when and where required
• inspect the 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 control whenever possible
• remove all erosion and sediment controls (unless biodegradable) once the project site has been stabilized
• use only clean materials
• keep the sediment control measures in place until all disturbed ground has been stabilized and suspended sediments have settled

3.4 Protection of fish and fish habitat from other deleterious substances

3.4.1 Develop a prevention plan

• develop a prevention 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 watercourse or water body
  • store fuel and other materials for the machinery in such a way as to prevent any deleterious substance from entering watercourse or water body
  • plan activities near water such that materials (e.g., paint, primers, sand blasting abrasives, rust, solvents, degreasers, grout, poured concrete, Styrofoam or other chemicals) do not enter a watercourse or water body
  • ensure that building material used in a water body has been handled and treated in a manner to prevent the release or leaching of substances into the water that may be deleterious to fish
  • dispose of all waste materials on land in a designated area away from the ordinary high water mark of any watercourse or water body

3.4.2 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 any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the human use of fish that frequent that water. For example: fuel, lubricants, paint, primers, rust, solvents, degreasers, antifreeze, uncured concrete, creosote, chlorinated water, herbicides, debris, 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 one 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).

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

Riparian vegetation

Occurs adjacent to the watercourse 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.