PILOT - Ontario · PILOT - MTO/DFO/MNRF Protocol for Protecting Fishand Fish Habitat on Provincial...

PILOT

MTO/DFO/MNRF Protocol for Protecting Fish and Fish Habitat on

Provincial Transportation Undertakings –

Version 3, 2016

PILOT - MTO/DFO/MNRF Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings – Version 3, 2016

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Between: The Government of Canada as represented by Fisheries and Oceans Canada (DFO)

And: The Government of Ontario as represented by the Ministry

of Transportation (MTO) and the Ministry of Natural Resources and Forestry (MNRF)

Whereas, the Constitution Act, 1867 assigns to the federal government exclusive jurisdiction for sea coast and inland fisheries and the Fisheries Act sets out the powers and duties of the federal government with respect to the protection of the productivity of commercial, recreational and Aboriginal fisheries; Whereas, the Constitution Act, 1867 assigns to the provinces exclusive jurisdiction over matters dealing with property and civil rights, the management of public lands and matters of a local or private nature in the province and based on these heads of power, the provinces may regulate certain aspects relating to fisheries and fish habitat; Whereas, the Province of Ontario has assigned MTO for planning, managing and maintaining a safe, efficient, reliable and integrated transportation network. MTO sets safety standards and establishes/enforces regulations relating to road user safety. In addition, MTO sets design and maintenance standards and manages construction and maintenance activities on the provincial highway network. MTO also works with other governments to coordinate and integrate transportation networks to promote harmony in policies and regulations; Whereas, Ontario administers the freshwater fisheries in the province via regulations made under the Fisheries Act and the federal government is responsible for the protection of fisheries (including fish habitat) under the Fisheries Act; Whereas, DFO recognizes that MNRF has established laws and policies that provide for the integration of fish habitat protection and conservation considerations and measures in its decision-making and regulatory processes; Whereas, MTO, DFO and MNRF are committed to providing for the sustainability and ongoing productivity of Ontario’s commercial, recreational and Aboriginal fisheries resources so as to provide social, economic and environmental benefits for present and future generations of Canadians; Whereas, MTO, DFO and MNRF are committed to collaborate and share responsibilities in the delivery of providing for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries in the Province of Ontario, where it is of mutual interest; Whereas, DFO recognizes in policy that providing for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries is a shared responsibility. Proponents are responsible for: ensuring that their existing structures operate in compliance with the Fisheries Act, regardless of when they were constructed;


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understanding the types of impacts their projects are likely to cause; taking measures to avoid and mitigate impacts to the extent possible; and requesting and abiding by conditions of authorizations, when it is not possible to avoid and mitigate impacts of projects that are likely to cause serious harm to fish. Whereas, Canada and Ontario have signed the Canada - Ontario Fisheries Agreement (COFA 1987); Whereas, Canada and Ontario both have responsibilities for protecting species at risk under the Species at Risk Act (SARA) and the Endangered Species Act (ESA); Therefore, Canada as represented by DFO and Ontario as represented by MTO and MNRF agree to the following Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings (Protocol). 1.0 Purpose and Objectives

This Protocol is intended to facilitate a collaborative approach in increasing certainty, consistency, efficiency and effectiveness in providing for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries on provincial transportation undertakings in the Province of Ontario through the implementation of federal and provincial legislation, regulations, policies and programs identified herein.

2.0 General Provisions 2.1 The Parties agree that providing for the sustainability and ongoing

productivity of commercial, recreational and Aboriginal fisheries in Ontario will be carried out in accordance with the Fisheries Act and associated regulatory and policy frameworks and MTO's Environmental Standards and Practices.

2.2 The regulatory and legal decision making authority of MTO, DFO and MNRF are not delegated or otherwise affected by this Protocol.

2.3 The Parties agree that this Protocol will not impose any financial responsibilities. Each Party will be responsible for their respective costs incurred related to the implementation of the Protocol.

2.4 The interpretation and meaning of terms in the Protocol and Annexes are defined in Annex 8.

3.0 Scope of Application 3.1 This Protocol applies to all MTO projects and fish and fish habitat within

the Province of Ontario. 3.2 This Protocol pertains to the administration of Sections 35 and 38(4) of the

Fisheries Act.

3.3 This Protocol pertains to the administration of Sections 32, 33, and 58 of the Species at Risk Act.


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4.0 Management Provisions 4.1 The Parties’ Executive will oversee implementation of this Protocol that

will be administered by the established fisheries Protocol Implementation Team (PIT). The Parties’ Executive consists of representatives of Canada and Ontario as represented by DFO, MTO and MNRF’s signatories to the fisheries Protocol or their delegate(s) as deemed appropriate.

4.2 The fisheries Protocol Implementation Team shall report on the implementation of this Protocol and on specific activities related to the administration and enforcement of the Fisheries Protection Provisions of the Fisheries Act to the Parties’ Executive.

5.0 Roles and Responsibilities / Operating Principles 5.1 The Parties agree to undertake the roles and responsibilities of providing

for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries on provincial transportation undertakings in Ontario as defined in the annexes.

5.2 The Parties agree to participate in the review of existing protocols and guidelines as required to ensure they are consistent with the agency roles and responsibilities described in Annex 2 and to establish, whenever possible, clear, comprehensive and harmonized policies, standards, guidelines, protocols and procedures to guide decisions in protecting the productivity of commercial, recreational and Aboriginal fisheries.

5.3 The Parties agree to develop and deliver training programs for staff and MTO service providers (Annex 5).

5.4 The Parties agree to carry out a "Quality Assurance/Quality Control (QA/QC) Program" as outlined in Annex 5 in order to ensure that the implementation of the Protocol and providing for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries responsibilities are carried out in a consistent and effective manner.

5.5 The Parties will use appropriate guidelines to guide the implementation of activities, such as documents outlined in Annex 6.

6.0 Issue Resolution The Parties will resolve issues regarding the implementation of this Protocol in a timely manner using mechanisms available at the staff level and Parties’ Executive as described in Annex 1.

7.0 Term 7.1 This Protocol will come into effect when signed on behalf of MTO, DFO

and MNRF and remain in effect until terminated in accordance with Section 7.5.

7.2 This Protocol shall be reviewed by PIT five years after the date of it coming into force to evaluate its effectiveness and report the findings to the Parties’ Executive.


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7.4 This Protocol may be amended at any time with the concurrence of all Parties, as follows:

7.4.1 Changes to the Protocol proper will require approval of the signatories to this Protocol.

7.4.2 Changes to the Annexes (see Annex 1) may be approved by the fisheries Protocol Implementation Team.

7.5 Any of the Parties may terminate this Protocol on six months written notice to the other Parties.


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8.0 SIGNATURES – For completion after Pilot process

Her Majesty the Queen in right of Ontario as represented by the Ministers of Transportation and Natural Resources and Forestry

_________________________ Date ____________________

John Lieou Assistant Deputy Minister Policy and Planning Division Ontario Ministry of Transportation

________________________ Date ____________________

Rosalyn Lawrence Assistant Deputy Minister Policy Division Ontario Ministry of Natural Resources and Forestry

Her Majesty the Queen in right of Canada as represented by the Minister of Fisheries and Oceans

_________________________ Date ____________________

Dave Burden Regional Director General Central & Arctic Region Fisheries and Oceans Canada


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LIST OF ANNEXES

ANNEX 1: PROTOCOL IMPLEMENTATION PROVISIONS ....................................... 7

ANNEX 2: MTO REFERRAL PROCESS FLOW CHART AND THE PARTIES’ ROLES AND RESPONSIBILITIES ................................................................................................ 9

ANNEX 3: MTO PROJECT PROCEDURES AND NOTIFICATION FORM FOR PROJECTS NOT LIKELY TO CAUSE A SERIOUS HARM TO A FISHERY .................... 17

ANNEX 4: MTO PROCEDURES AND FORMS FOR SUBMISSION TO DFO .............. 21

4A: MTO REQUEST FOR REVIEW PROCEDURES AND APPLICATION FORM................................... 22

4B: FISHERIES ACT AUTHORIZATION PROCEDURES AND APPLICATION FORM ........................... 29

4C: MTO EMERGENCY WORK, DUTY TO NOTIFY AND SPILLS RESPONSE ...................................... 35

4D: EMERGENCY WORKS PROCEDURES AND NOTIFICATION FORM .............................................. 37

4E: APPLICATION FOR FISHERIES ACT AUTHORIZATION – EMERGENCY CIRCUMSTANCES ..... 40

ANNEX 5: QUALITY ASSURANCE AND QUALITY CONTROL PROGRAM ............... 43

ANNEX 6: COMPENDIUM OF ENVIRONMENTAL DOCUMENTS .......................... 47

ANNEX 7: AGENCY CONTACT LISTS .................................................................... 50

ANNEX 8: GLOSSARY ......................................................................................... 54

LIST OF TABLES

TABLE 1 – ROLES AND RESPONSIBILITIES ................................................................... 9

TABLE 2 – ROUTINE MTO WORKS ............................................................................. 16


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ANNEX 1: PROTOCOL IMPLEMENTATION PROVISIONS

Following modification and renewal of the "Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings – Version 2, 2013”, implementation of the "Protocol for Protecting Fish and Fish Habitat on Provincial Transportation Undertakings – Version 3, 2016” (“the Protocol”) shall supersede the previous version and proceedunder the provisions of the fisheries Protocol Implementation Team’s (PIT) Terms of Reference as follows:

ROLE AND MANDATE OF THE FISHERIES PROTOCOL IMPLEMENTATION TEAM Under the general direction of the Parties’ Executive, the fisheries Protocol Implementation Team (PIT) will facilitate a collaborative approach in increasing certainty, consistency, efficiency and effectiveness of provincial transportation undertakings in providing for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries.

PIT will ensure effectiveness of the Protocol by:

• Recommending changes to the Protocol as required; and

• Providing an issues resolution mechanism.

OBJECTIVES PIT will focus its efforts on the following tasks:

• Maintaining communications amongst the Parties’;

• Developing and implementing annual work plans to provide for the sustainabilityand ongoing productivity of the fisheries of Ontario ;

• Endorsing tools to support the implementation of the Protocol (e.g. BestManagement Practices);

• Overseeing the training as outlined in Annex 5;

• Overseeing and assessing the results of the Construction Audits as outlined inAnnex 5;

• Making changes to the Protocol Annexes as required;

• Reporting regularly to the Parties’ Executive (e.g. on annual work plans).

• Conducting a review of the Protocol every 5 years unless otherwise agreed uponby the Parties’ Executive;


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MEMBERSHIP PIT will be comprised of one or two representative(s) from each of MTO, DFO and MNRF as appointed by each agency with a Chair and a Secretary selected by members.

DELIVERABLES The expected deliverables will be to:

• Develop training materials and oversee delivery of training;

• Develop new tools as necessary (i.e. Best Management Practices);

• Review audit findings and use them to make recommendations for endorsementby the Parties’ Executive;

• Develop a terms of reference for reviews of the Protocol; and

• Develop and implement an annual work plan and status report.

CHAIR AND SECRETARY The Chair and Secretary shall be selected by members, and may rotate.

MEETINGS PIT shall meet as required to address tasks outlined above and at a minimum annually. Other agency staff or guests may be invited to attend meetings.

ISSUE RESOLUTION When issues regarding MTO projects cannot be resolved at the staff level, the following mechanism shall be applied:

• Timely resolution shall be sought through consultation at the appropriateRegional/District management level of MTO and DFO and/or MNRF;

• For issues remaining unresolved at the Regional/District management level,resolution shall be sought through PIT; and

• For issues remaining unresolved by PIT, resolution will be sought through theParties’ Executive.

General issues regarding the Protocol process shall be resolved in a timely manner through PIT or, if necessary, through the Parties’ Executive.

AMENDMENTS PIT shall conduct a formal review of the Protocol every five years and a report on the findings of the review shall be prepared and submitted to the Parties’ Executive for consideration.


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ANNEX 2: MTO REFERRAL PROCESS FLOW CHART AND THE PARTIES’ ROLES AND RESPONSIBILITIES


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Table 1 – Parties’ Roles and Responsibilities

Step Task Lead Agency and Description of Task Agency Contact/

Responsible

1 Initial Project/ Activity Assessment

MTO shall consider the potential for the presence of a commercial, recreational, or Aboriginal fishery or fish that support such a fishery and identify whether a MTO project/activity may have any impact on the fishery or fish that support such a fishery.

If any of the following criteria can be met, there is no likelihood of causing serious harm to a fish. MTO may proceed with the project without any further fisheries assessment if the project/activity is:

a) to occur in an artificial waterbody (e.g.stormwater management pond) that is notconnected to a waterbody that contains fish atany time during any given year.

OR b) located beyond 30 meters of the high water

level of a waterbody and mitigation can preventany impacts on the waterbody.

OR

c) located within 30 meters of the high water levelof a waterbody and is a type of routine work, asidentified in Table 2 and all of the necessarymitigation measures identified in OPSS 182 canbe applied appropriately.

If any of these criteria can be met, proceed to Step 8. If none of these criteria can be met, or when uncertain, proceed to Step 2.

If the project/activity is an Emergency Work then proceed to Annex 4.

Determination that a project/activity will not result in serious harm to fish does not exempt MTO from requirements under other applicable legislation, including the Federal Species at Risk Act and the Ontario Endangered Species Act.

MTO Area or Regional Office


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Responsible

2 Gathering of Existing Fisheries/ Aquatic Species at Risk Data to Determine the Applicable In-Water Work Timing Windows

MTO shall gather all relevant existing fisheries information within the project limits to determine the applicable in-water work timing window(s), and determine if there are aquatic species at risk (SAR) present (i.e. fish and mussels) in the project area.

Other relevant information may include: fisheries management objectives, proximity of aquatic invasive species, and documented exceptional or important habitat.

Background fisheries information and in-water work timing windows may be obtained by following the steps below:

1a. Utilize existing fisheries data/mapping that may be available from previous MTO surveys conducted within the last 10 years and contact MNRF to ensure the information is still valid.

OR 1b. Contact MNRF to obtain relevant fisheries

information and timing windows as per the MTO Environmental Guide for Fisheries. MNRF shall provide this information within 30 working days.

AND 2. Supplement fisheries information as necessary

and in accordance with the MTO EnvironmentalGuide for Fisheries.

AND 3. Aquatic SAR information shall be obtained

through the use of DFO and MNRF mappingtools. Confirmation may be sought by contactingthe agencies directly.

Proceed to Step 3. NOTE: If aquatic species at risk or their critical habitat are identified then a separate process may be required.


MNRF District or Regional Office


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Responsible

3 Applicability of a MTO Best Management Practice

MTO shall determine if the project/activity can be addressed by a MTO Best Management Practice as identified in the MTO Best Management Practice Manual for Fisheries. If these criteria can be met, proceed to Step 5.

If these criteria cannot be met, or when uncertain, proceed to Step 4.

NOTE: Where applicable, Ontario Endangered Species Act requirements shall be followed.


4 Fisheries Assessment Process

A MTO qualified Fisheries Assessment Specialist shall assess the project/activity to determine the likelihood that the project may result in serious harm to fish.

A fisheries assessment shall be undertaken in accordance with MTO Environmental Guide for Fisheries and shall include:

• a detailed review of all of the existing data andconducting the appropriate field investigations;

• supplementing the existing data through fishcollection in the field as necessary;

• a review of the project to recommendmodifications and appropriate mitigationmeasures; and

• determination of the negative residual effectsand the likelihood of a project resulting inserious harm to fish.

For projects identified after fisheries assessment as not likely to result in serious harm to fish and no federally listed aquatic species at risk are present, proceed to Step 5.

For projects identified after fisheries assessment as likely to result in serious harm and/or where federally listed aquatic species at risk are present, proceed to Step 6.



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Responsible

5 Project Notification Process

Where MTO determines that the project/activity can be addressed by a MTO BMP at Step 3 or, where MTO makes the decision based on the outcome of fisheries assessment at Step 4 that the project is not likely to result in serious harm to fish and where no federally listed aquatic species at risk are present, it may proceed on this basis and without further Fisheries Act or Species at Risk Act review.

MTO shall complete the MTO Project Notification Form (see Annex 3), proceed to Step 8.


6 Request for Project Review from DFO

Where MTO makes the decision based on the outcome of fisheries assessment at Step 4 that the project has the potential to, or is likely to result in serious harm to fish and/or where federally listed aquatic species at risk are present, MTO shall refer the project to DFO, requesting a project review under the Fisheries Protection Provisions of the Fisheries Act and under the Species at Risk Act.

MTO shall complete a MTO Request for Review Application form (see Annex 4) to submit to DFO.

• If DFO determines that the project will notresult in serious harm to fish and/or impactfederally listed aquatic species at risk, DFOshall notify MTO that the project does notrequire a Fisheries Act Authorization orSpecies at Risk Act permit.

Proceed to Step 8.

• If DFO determines that the project will result inserious harm to fish and/or will impact federallylisted aquatic species at risk, DFO shall notifyMTO that a Fisheries Act Authorization and/orSpecies at Risk Act permit will be required.

Proceed to Step 7.


DFO Triage


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Responsible

7 Develop an Offsetting Plan and submit an application for Fisheries Act Authorization and/or Species at Risk Act Permit

MTO shall develop an Offsetting Plan and submit an Application for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations and/or an application for a Species at Risk Permit.

Once DFO has received an application for Fisheries Act Authorization, DFO has 60 calendar days to determine if the application is complete or incomplete, and to notify MTO of this determination. If the application is not complete, DFO shall notify MTO and identify the information or documentation required; MTO shall then resubmit the necessary documentation.

Once DFO notifies MTO that the application for Fisheries Act Authorization and/or Species at Risk Act permit is complete, DFO has 90 calendar days to issue or make a decision to decline to issue the Authorization and/or permit. If DFO declines MTO a Fisheries Act Authorization and/or Species at Risk Act permit, go back to Step 4.

Once DFO issues MTO a Fisheries Act Authorization and/or Species at Risk Act permit, proceed to Step 8.


DFO Regulatory Review


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Responsible

8 Project Implementation and Monitoring

MTO can proceed with projects where no federally listed aquatic species at risk are present and those that will not result in serious harm to fish by implementing the necessary design considerations and mitigation measures.

For projects that result in serious harm to fish or that impact federally listed aquatic species at risk, MTO can proceed with the project subject to the mitigation, offsetting and monitoring requirements as outlined in the Fisheries Act Authorization and/or Species at Risk Act permit. For projects where a Fisheries Act Authorization is issued, MTO shall use a Fisheries Contracts Specialist to conduct monitoring during construction. Where applicable, Ontario Endangered Species Act requirements shall be met prior to proceeding with a project whether a Fisheries Act Authorization is required or not.

NOTE: If, during the implementation of the project, serious harm to fish or impacts to federally listed aquatic species at risk occur, see Annex 4 for procedures and DFO notification/application forms.



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Table 2 – Routine MTO Works Project is within MTO right-of-way (ROW), which includes the shoulders and paved area, is not within the waterbody and can be mitigated to prevent sediment /debris from entering the waterbody(ies).

Maintenance Categories Maintenance Activities

Drainage

• Curb and gutter maintenance and repair• Catch basin and ditch inlet cleanout• Erosion control and repair• General drainage maintenance• Sub drain inspection and cleanout

Electrical • Electrical Inspection & Maintenance• Electrical Installation

MTO Facilities: Maintenance/Patrol Yard/ Rest Area and Picnic Site

• Building Maintenance• Mowing• Storage of Materials (sand, etc.)

Roadway and Right-of-Way

• Concrete barrier installation, repair and replacement• Debris, litter and graffiti control• Dust suppression• Fence installation, repair and replacement• Granular shoulder and roadway grading• Gravel surface and shoulder repair• Guide rail and energy absorbing system installation, repair and

replacement• Milling and resurfacing• Pavement marking application• Pothole and crack repair• Roadway and shoulder sweeping• Snow fence installation and removal• Utility trenching

Signage • Sign installation• Sign inspection & management

Structural

• Bridge deck repairs (asphalt, concrete, and timber deck surfaces)• Expansion joint maintenance and repair (including bearings and

bearing seats)• Erosion control• Inspection

Vegetation* (* does not include clearing. See BMP for Maintenance of Riparian Vegetation in ROW)

• Grass control (for aesthetics and safety)• Weed control (including spraying herbicide when appropriate)• Brush control• Tree and shrub maintenance• Ground cover (placement, maintenance, and rehabilitation)

Winter • Snow plowing• Sanding and Salting• Snow Removal from bridges


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ANNEX 3: MTO PROJECT PROCEDURES AND NOTIFICATION FORM FOR PROJECTS NOT LIKELY TO CAUSE A SERIOUS HARM TO A FISHERY

PROCEDURES FOR COMPLETING A MTO PROJECT NOTIFICATION FORM

PART 1: PROPONENT INFORMATION

The MTO office, address, telephone number and, if applicable, the name, address and telephone number of either the MTO Project Manager or the MTO Service Provider.

PART 2: PROJECT INFORMATION

Identify whether there are any federal or provincial species at risk (SAR) present and the location. Provide a description of fish and fish habitat present at the worksite. Provide a description of the location of the proposed work, undertaking or activity, including its geographic coordinates and the name of any waterbody(ies) that are likely to be affected along with the proposed work, undertaking or activity and the proposed start and completion dates. Attach a site map, site photos, or any drawings, or any other documents that may be of use.

PART 3: TYPE OF NOTIFICATION

Check the appropriate box as to whether a determination has been made at Step 3 to follow a MTO BMP or at Step 4 that there is no likelihood of causing serious harm to fish.

PART 4: MEASURES TO AVOID HARM

Check the boxes of all the applicable mitigation measures and contract provisions to be used and list any additional mitigation measures and contract provisions in the appropriate areas.

PART 5: SIGNATURE

If a determination that there is no likelihood of causing serious harm to fish has been made at Step 3, and the project is proceeding using a MTO BMP, MTO or a MTO Service Provider shall sign the form. If a determination has been made at Step 4, a Fisheries Assessment Specialist shall sign the form.

SUBMISSION REQUIREMENTS

The MTO Project Notification Form* shall be signed by the appropriate individual and retained by Regional Environmental Sections except those completed by AMC service providers. The Contract Management and Operations office is responsible


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for retaining the MTO Project Notification forms completed by the AMC service providers for annual auditing purposes in accordance with the fisheries Protocol.

* An electronic version of MTO Project Notification Form is available online.

http://www.raqsb.mto.gov.on.ca/techpubs/eps.nsf/9ea013f0de8096ba8525729700557ad1/4afcf3d89e3c8e4785257b44004b5f05/$FILE/FINAL_MTO%20Project%20Notification%20Form_ACC.pdf


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MTO PROJECT NOTIFICATION FORM

MTO Project Title: MTO Project W.P. No.:


Ministry of Transportation Office: MTO Region:

Mailing Address:

City/Town: Province: Ontario Postal Code:

MTO Service Provider: MTO Project Manager:

Telephone #: Telephone #:

Email: Email:

PART 2: PROJECT INFORMATION

Federal or Provincial aquatic Species at Risk (SAR) present within project limits: YES ☐ NO☐

List Species:

SAR Location:

Description of Fish and Fish Habitat Present at the Worksite, if applicable (i.e. species, substrate type, vegetation):

Location of Project: Geographic Coordinates (Lat/Long):

Name of Nearest Community: Name of Waterbody(ies):

Description of Works/Undertakings/Activities:

Proposed Start Date of Works/Undertakings/Activities: (YYYY/MM/DD)

Proposed End Date of Works/Undertakings/Activities: (YYYY/MM/DD)

Attached Documents and Photos (check all that apply):

Site Map ☐ Site Photos ☐ Drawings ☐

Template 10.1 ☐ Template 10.2 ☐ Template 10.3 ☐

Other:

PART 3: TYPE OF NOTIFICATION

☐ Step 3 - Best Management Practice Which BMP(s) are you following?

(COMPLETE PARTS 1-3 AND 5 ONLY)

☐ Step 4 - No likelihood of causing serious harm to fish

(COMPLETE ALL PARTS)

PART 4: MEASURES TO AVOID HARM (CHECK APPLICABLE MEASURES TO BE INCLUDED IN CONTRACT) Mitigation Measures Applicable Contract Provisions

Timing Constraints: ☐ Temporary in-water will be completed during the in-water work timing

window from <enter date> to <enter date>

☐ OPSS 182 ☐ SSP101F23 – Table A

Dewatering/Flow Control: ☐ All in-water work shall be completed in the dry by isolating and dewatering

the work area or by temporary flow control around the work area

☐ OPSS 185 ☐ OPSS 518


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Erosion and Sediment Control: ☐ Vegetation removal shall be limited to only the extent required for the

proposed works ☐ Use of effective sediment and erosion control measures shall be

implemented and maintained to function as intended ☐ Sediment and erosion controls shall remain in place and maintained until

such time as the vegetation has taken sufficiently to provide adequate protection for the watercourse

☐ OPSS 805 ☐ SSP 805F01 ☐ Operational Constraint – Erosion and

Sediment Control

Culvert Installation: ☐ Culvert(s) shall be embedded a minimum of 10% ☐ Low flow channel shall be installed to ensure fish passage

☐ OPSS 182 ☐ OPSS 823

Protection of Fish: ☐ Safe fish passage shall be maintained/provided ☐ Any fish trapped in the isolated area during de-watering shall be captured

and released as directed in the Licence to Collect Fish for Scientific Purposes

☐ Water intakes or outlet pipes shall have screens to prevent entrainment or impingement of fish

☐ OPSS 182

Equipment and Machinery: ☐ All equipment shall be clean and in good working order (no leaks of fuel,

grease or oils) and a spill management plan shall be kept on site ☐ Areas for refuelling and maintenance of machinery shall be 30m or as far

away as practicable from any waterbody

☐ OPSS 182

Materials Management: ☐ All construction debris, including removed sheet piling and litter shall be

removed on a regular basis ☐ Stockpiles shall be located and isolated to ensure material will not enter

any watercourse ☐ Excess materials shall be disposed of in accordance with the Contract

Documents

☐ OPSS 180 ☐ OPSS 182

Site Restoration: ☐ All disturbed areas shall be restored to original site conditions or better ☐ OPSS 182

☐ OPSS 802 (Topsoil) ☐ OPSS 803 (Sodding) ☐ OPSS 804 (Seed and Cover)

Oversight: ☐ A MTO Qualified Fisheries Contracts Specialist shall monitor the site for

compliance with the contract documents relating to the protection of fish and fish habitat and installation and maintenance of mitigation measures

☐ SSP101 F23 – Table B

Additional Mitigation Measures (list measures): Additional Contract Provisions (list relevant Special Provisions, Items, OPSSs, OPSDs, etc.): ☐ SSP101 F23 – Table C

PART 5: SIGNATURE

I, the undersigned, have reviewed the fish and fish habitat information and the proposed mitigation measures. In accordance with the MTO/DFO/MNRF Fisheries Protocol, and have determined that the proposed works will not likely result in serious harm to fish. Name: Signature: Date:


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ANNEX 4: MTO PROCEDURES AND FORMS FOR SUBMISSION TO DFO

4A MTO REQUEST FOR REVIEW PROCEDURES AND APPLICATION FORM

4B FISHERIES ACT AUTHORIZATION PROCEDURES AND APPLICATION FORM

4C MTO EMERGENCY WORK, DUTY TO NOTIFY AND SPILLS RESPONSE

4D MTO EMERGENCY WORKS PROCEDURES AND NOTIFICATION FORM

4E EMERGENCY CIRCUMSTANCES AUTHORIZATION PROCEDURES AND APPLICATION FORM


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4A: MTO REQUEST FOR REVIEW PROCEDURES AND APPLICATION FORM

PROCEDURES FOR SUBMITTING AN MTO REQUEST FOR REVIEW

All information requested shall be provided. Incomplete MTO requests for review will be returned to the applicant without review by DFO. If documents are attached to the application with additional information, detailed summaries shall still be provided in the appropriate spaces on the application document or the application will be considered incomplete and not be reviewed by DFO. Information provided in the form and supporting documents should focus only on fish and fish habitat related issues (e.g. excerpts from Environmental Assessment documentation instead of entire document).

It is likely that MTO projects will not be reviewed within the local DFO office (e.g. outside of the province of Ontario). As such it is imperative to provide the necessary details outlined below to ensure the MTO Request for Review Application form is considered to be complete by DFO for their review and determination of a potential serious harm to a fishery.

MTO shall provide the following information:

A) Contact Information• Provide the full legal name of the MTO office, MTO Project Manager and primary

mailing address. If applicable, also provide the contact information of the MTOconsultant or service provider.

B) Description of Project

• Describe all the components of the project in or near a waterbody.

• Describe all the phases of the project, (i.e., the construction, operation,maintenance and closure phases).

• Describe the details of the construction methods to be used, associatedinfrastructure, permanent and temporary structures, building materials to beused, machinery and equipment to be used.

• For example, the construction of permanent structures may require theconstruction of temporary structures such as temporary bridges, in conjunctionwith other associated activities like the dewatering activities, land clearing,excavation, grading, infilling, blasting, dredging, installing structures, removingdebris from water. Similarly, the equipment and materials to be used may includehand tools, backhoes, gravel, blocks or stone (provide the average diameter),concrete (indicate if pre-cast or poured in-water), steel beams or wood.

• Provide a plan and specifications of those works which would require a reviewwhen physical structures in or near a waterbody are proposed.


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C) Location of the Project

• Describe and illustrate the location of the project and provide the geographic andspatial context. The details to be provided shall include:

• Latitude and Longitude coordinates of the project in decimal format;

• A map(s), site plan, or diagrams indicating the high water level and thelocation, size and nature of proposed and existing structures (e.g., floating orfixed), landmarks and proposed activities. These plans, maps or diagramsshall be at an appropriate scale to assist DFO in their review in determiningthe relative size of the proposed structures and activities, the proximity to thewaterbody and the distance from existing structures;

• The nearest community to the project location to provide a general referencepoint. When possible, proponents shall use geographical names recognizedby the Geographical Names Board of Canada.(http://www.nrcan.gc.ca/earth-sciences/geography/place-names/10786)

• Where available, provide aerial photographs or satellite imagery of thewaterbody(ies);

• Names of the watershed(s), waterbody(ies) likely to be affected by theproject; and

• Detailed directions to access the project site.

D) Description of the Aquatic Environment

• Describe the environmental context and aquatic resources present at the site.

• Identify the current state of the fish and fish habitat prior to the start of any works.

• Information on the fish species present, the biological, chemical, physicalfeatures present (habitat characteristics), and the fish life-cycle functions (fishcharacteristics).

• Attached annotated upstream and downstream photographs.

• The spatial scope for assessing fish and fish habitat shall encompass the directphysical footprint of the project, and the upstream and downstream areasaffected.

• The spatial scope of the aquatic effects assessment shall include the directphysical "footprint" of the proposed project, and any areas indirectly affected,such as downstream or upstream areas. This may also include areas in or on thewaterbody(ies).

• Information provided shall describe the methods and techniques used to conductthe assessment. As much as possible, methods and techniques used shall bescientifically defensible.

http://www.nrcan.gc.ca/earthsciences/geography-boundary/geographical-name/11680

http://www.nrcan.gc.ca/earthsciences/geography-boundary/geographical-name/11680


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E) Potential Effects of the Proposed Project

• List aquatic SAR present at the site and the source of information as well as anyrelated previous correspondence with DFO.

• The anticipated effects on fish and fish habitat likely to be caused by the projectshall be identified.

• Consider all avoidance and mitigation measures. The description shall includequalitative and/or quantitative information about the potential effects to fish and fishhabitat.

• Provide footprint of project that will take place below the high water mark. Clearlydistinguish between the area (m2) being destroyed and/or altered and the entirezone of impact.

• The schedule shall identify the proposed start and end dates for carrying out eachproposed activity, and where applicable, identify the respective phase of theproposal (i.e., the construction, operation, maintenance and closure phases). Insome cases, in order to provide additional context, it may be relevant to identifyother information such as the expected life span of permanent and temporarystructures.

• Comprehensive information shall be provided on all the best available mitigationmeasures and standards that are proposed to avoid or mitigate potential seriousharm.

• The negative residual effects of serious harm shall be described and quantified asDFO will use this information as part of its decision making on whether anauthorization is required under subsection 35(2)(b) of the Fisheries Act.

F) Submission and Signature

• Both MTO and the MTO Fisheries Assessment Specialist shall sign. Should thereview of the project indicate that residual serious harm to fish is likely, theinformation provided in the Request for Review document can be referred to in thesubsequent Application for an Authorization under Paragraph 35(2)(b) of theFisheries Act.

G) An electronic version of the MTO Request for Review Application Form is

available online.

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/0/b1753bf188bc38a485257b44004d8ff8/$FILE/FINAL_MTO%20Request%20for%20Review%20Application%20Form_ACC.pdf


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MTO REQUEST FOR REVIEW APPLICATION FORM

MTO REQUEST FOR REVIEW APPLICATION FORM

A) CONTACT INFORMATIONMinistry of Transportation Office and Region: Additional contact, MTO Service Provider (if applicable):

MTO Project Manager:

Mailing address: Mailing address:

City/Town: City/Town:

Province/Territory: Province/Territory:

Postal Code: Postal Code:

Tel. No. : Tel. No.:

Email: Email:

Is the Proponent the primary contact? ☐ Yes ☐ No

If no, please enter information for the primary contact or any additional contact.

B) DESCRIPTION OF PROJECT

Project Title: MTO W.P. Number:

Does your project involve work in water? ☐ Yes ☐ No If no, is the work below the high water level? ☐ Yes ☐ No

What are you planning to do? Briefly describe all project components you are proposing in or near a waterbody. Attach a site plan (figure/drawing) showing all protect components in and near a waterbody.

How are you planning to do it? Briefly describe the construction materials, methods and equipment that you plan to use.

Identify which work categories apply to your project.

☐ Aquatic Vegetation Removal ☐ Berms ☐ Blasting/Explosives

☐ Habitat Restoration ☐ Ice Bridges ☐ Piers


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☐ Breakwaters ☐ Bridges ☐ Causeways ☐ Culverts ☐ Dams ☐ Dewatering / Pumping ☐ Dredging / Excavation ☐ Dykes ☐ Fishways / Ladders ☐ Groundwater Extraction ☐ Groynes

☐ Riparian Vegetation Removal ☐ Shoreline Protection ☐ Stormwater Management Facilities ☐ Surface Water Taking ☐ Temporary Structures ☐ Water Control Structures ☐ Water Intakes / Fish Screens ☐ Water Outfalls ☐ Watercourse Realignment ☐ Weirs ☐ Other Please specify________________

Was your project submitted for review to another federal or provincial department or agency? ☐ Yes ☐ No

☐ Ontario Ministry of Natural Resources and Forestry File number(s) ________________

☐ Ontario Ministry of Environment and Climate Change File number(s) ________________

☐ Other (specify): File number(s) ________________

C) LOCATION OF PROJECT

Geographic Coordinates of the proposed project:

Latitude ___________________ Longitude _________________

Include a map clearly indicating the location of the project as well as surrounding features detailed directions to access the project site.

Name of Nearest Community (City, Town, Village):

Municipality, District, Township, County, Province:

Name of waterbody(ies) near the proposed project:

D) DESCRIPTION OF THE AQUATIC ENVIRONMENT

Identify the predominant type of aquatic habitat where the project will take place. ☐ Estuary (Estuarine) ☐ Lake (Lacustrine) ☐ On the bank/shore at the interface between land

and water (Riparian)

☐ River or stream (Riverine) ☐ Salt water (Marine) ☐ Wetlands (Palustrine)

Provide a detailed description of biological and physical characteristics of the proposed project site.

Include representative photos of affected area (See Section 4 of the Environmental Guide for Fisheries) and clearly identify the location of the project.


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E) POTENTIAL EFFECTS OF THE PROPOSED PROJECT

Select the PoEs that apply to your project.

☐ Addition or removal of aquatic vegetation ☐ Change in timing, duration and frequency of flow ☐ Cleaning or maintenance of bridges or other

structures ☐ Dredging ☐ Excavation ☐ Fish passage issues ☐ Grading

☐ Placement of material or structures in water ☐ Riparian planting ☐ Structure removal ☐ Use of explosives ☐ Use of industrial equipment ☐ Vegetation clearing ☐ Wastewater management ☐ Water extraction ☐ Organic debris management

Are there federal or provincial aquatic species at risk present? If yes, which one(s)?

Is the project situated in federal Species at Risk Critical Habitat? ☐ Yes ☐ No ☐ Unknown

Will there be changes (i.e., alteration) in the fish habitat? ☐ Yes ☐ No ☐ Unknown If yes, provide description.

Will there be changes (i.e., alteration) in federal Species at Risk Critical Habitat? ☐ Yes ☐ No ☐ Unknown If yes, provide description.

Will the fish habitat alteration be permanent? ☐ Yes ☐ No ☐ Unknown

Will the impacts to federal Species at Risk Critical Habitat be permanent? ☐ Yes ☐ No ☐ Unknown

Is there likely to be destruction or loss of habitat used by fish? ☐ Yes ☐ No ☐ Unknown

Is there likely to be damage or destruction to a residence of a listed federal aquatic species at risk (e.g., a nest or redd)? ☐ Yes ☐ No ☐ Unknown

Is there likely to be destruction or loss of Critical Habitat used by federal Species at Risk as described in the Recovery Strategy or Action Plan for that species? ☐ Yes ☐ No ☐ Unknown

What is the footprint (area in square meters) of your project that will take place below the high water level?

Will the project cause death of fish (e.g. blasting activities)? ☐ Yes ☐ No ☐ Unknown

If yes, how many fish will be killed (for multi-year project, provide average)? What species and life stages?

Is the project likely to kill, harm, harass, capture or take an individual of a listed aquatic species that is extirpated, endangered or threatened? If yes, how?

What is the time frame of the project mm/dd/yyyy. The proposed start _ _/_ _/_ _ _ _ and end date of construction _ _/_ _/_ _ _ _

Have all options for redesigning and relocating the project to avoid negative effects to fish and fish habitat


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including Species at Risk/Critical Habitat been considered and incorporated? ☐ Yes ☐ No

If yes, describe.

Will OPSS 182 be incorporated into the project? ☐ Yes ☐ No

If No, provide reasons.

Will additional mitigation measures to avoid negative effects to fish and fish habitat, SAR and Critical Habitat be incorporated? ☐ Yes ☐ No

If yes, include the mitigation measures being used to avoid negative effects to fish and fish habitat.

Will Best Management Practices be incorporated to avoid negative effects to fish and fish habitat, SAR and Critical Habitat be incorporated? ☐ Yes ☐ No

Select the Best Management Practice(s) that apply to the project.

☐ Beaver Dam Removal ☐ Bridge Maintenance ☐ Clear Span Bridges ☐ Culvert Maintenance ☐ Culvert Replacement/Extension

☐ Ditch Maintenance within 30 meters of a waterbody ☐ Maintenance of Riparian Vegetation in Existing

Right-of-way ☐ Temporary Watercourse Crossing ☐ Others(specify) ___________________

What residual effects to fish and fish habitat, SAR and Critical Habitat are foreseen after taking into account the avoidance and mitigation measures described above? (Can you follow appropriate timing windows for all your project activities below the high water mark?)

F) MTO Signatures

I, ________________________________(print name) have conducted a fisheries assessment in accordance with the MTO/DFO/MNRF Fisheries Protocol and verify that the information given on this form is to the best of my knowledge, correct and completed.

Signature ______________________________ Date __________________________

I,________________________________(print name) representing the above named office of the Ministry of Transportation, verify that the information given on this form is to the best of my knowledge, correct and completed in accordance with the MTO/DFO/MNRF fisheries Protocol.

Signature _______________________________ Date __________________________


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4B: FISHERIES ACT AUTHORIZATION PROCEDURES AND APPLICATION FORM

FISHERIES ACT AUTHORIZATION PROCEDURES

All information requested shall be provided. If the application is not complete, the notification from DFO to MTO shall identify the information or documentation required.

A summary of the required information is provided below. Specific details on completing the Application for Authorization under Paragraph 35(2)(b) of the Fisheries Act (Normal Circumstances) can be found in MTO’s Environmental Guide for Fisheries and are set out in Schedule 1 of the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations which can be found at the following link: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-191/page-2.html#h-9

NOTE: This form shall not be completed unless specified by a DFO Fisheries Protection Biologist.

The Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations set out the information requirements and documentation which must accompany an application for authorization under normal (non-emergency) circumstances in Subsection 3(1) and Schedule 1.

NOTE: Letter of Credit - MTO Exemption

Section 3(2) of the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Applications Regulations exempt an applicant who is Her Majesty in right of a province from the requirement of providing a letter of credit issued by a recognized Canadian financial institution to cover the costs of implementing an offsetting plan. As such MTO is exempt from having to provide a Letter of Credit under these regulations.

The information requirements are as follows:

Contact Information

1. The applicant’s name, address, telephone number and, if applicable, the name,address and telephone number of the MTO Service Provider.

Description of Proposed Work, Undertaking or Activity

2. A description and purpose of the proposed work, undertaking or activity in oraround water that is likely to result in serious harm to fish. When a proposed work,undertaking or activity is part of a larger project, the applicant must also include adescription of the overall project, including its overall “purpose”.

3. Project engineering specifications, scale drawings and dimensional drawings.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-191/page-2.html#h-9


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Timeline

4. A description of the anticipated phases, including the sequencing of the phases ofthe proposed work, undertaking or activity.

Location

5. A description of the location of the proposed work, undertaking or activity and, ifapplicable, of the location of the project of which the proposed work, undertaking oractivity is a part of.

6. Provide the name of the community nearest to the location and the name of thecounty, district or region and the province in which the proposed work, undertakingor activity will be carried out in.

Description of Fish and Fish Habitat (Aquatic Environment)

7. A description of the fish and fish habitat found at the location of the proposed work,undertaking or activity and within the area likely to be affected by the proposedwork, undertaking or activity.

Description of Effects on Fish and Fish Habitat

8. (1) A description of the likely effects of the proposed work, undertaking or activityon fish that are part of a commercial, recreational or Aboriginal fishery, or on fishthat support such a fishery, and the likely effect on the habitat of those fish.

(2) A description of how the effects referred to in subsection 8(1) are likely toresult in serious harm to fish that are part of a commercial, recreational orAboriginal fishery, or to fish that support such a fishery, and a description of theserious harm to fish.

Measures and Standards to Avoid or Mitigate Serious Harm to Fish

9. A description of the measures that will be implemented to avoid or mitigate theserious harm to fish that is referred to in subsection 8(2) above, including ananalysis of the expected effectiveness of those measures and standards.

10. A description of the monitoring measures that will be put in place to assess theeffectiveness of the measures and standards referred to in section 9 above. .

11. A description of the contingency measures that will be implemented if themeasures and standards referred to in section 9 above are not successful inavoiding or mitigating the serious harm to fish that is referred to in subsection 8(2)above and associated monitoring plan.

Residual Serious Harm to Fish after Implementation of Avoidance and Mitigation Measures and Standards

12. A quantitative description of the anticipated serious harm to fish that is likely toresult from each phase of the work, undertaking or activity despite theimplementation of the measures and standards referred to in section 9 above.


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Offsetting Plan

13. An offsetting plan in respect of the serious harm to fish referred to in section 12above. The offsetting plan shall be developed using relevant FisheriesManagement Plans, the Fisheries Productivity Investment Policy: A ProponentsGuide to Offsetting and the MTO Environmental Guide for Fisheries

Other Available Information

• Public and Aboriginal Engagement

o Provide a summary of any public and/or aboriginal engagement activitiesand outcomes obtained during the planning/design process, as available.

• Fisheries Management Objectives

o Provide a summary of any fisheries management objectives obtainedduring the planning/design process and impacts the works, undertakingsor activities may have on those objectives, as available.

* An electronic version of the Application for Authorization under Paragraph 35(2)(b) ofthe Fisheries Act Regulations (Normal Circumstances) is available for download online at: http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/authorization-autorisation-eng.html

http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/authorization-autorisation-eng.html


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FISHERIES ACT AUTHORIZATION APPLICATION FORM


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- 34 -


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4C: MTO EMERGENCY WORK, DUTY TO NOTIFY AND SPILLS RESPONSE

EMERGENCY WORK

This section outlines a streamlined process for emergency situations. An emergency situation is when emergency work, as defined below, is required within two weeks of first identifying the emergency situation.

Due to the urgency of these situations, time is critical; therefore it is imperative that MTO initiate the emergency notification procedures in Annex 4D without delay and that DFO notifies MTO of its response to the notification within 7 days.

A situation that is likely to occur beyond a two week period (e.g. culvert deterioration) or any work that will take place later than a two week period cannot follow the Emergency Works Procedures and Annex 2 must be followed.

Emergency Work is defined as either:

An emergency repair of a highway facility undertaken immediately after an accident, natural disaster (including beaver dam failure), catastrophic structural failure, or on detection of an imminent failure, including containment, cleanup and disposal of cleanup material;

OR A project that is required to address a situation where there is an imminent risk to life, public health or safety, the environment, damage or loss of property.

DUTY TO NOTIFY The Fisheries Act Section 38(4) Duty to Notify imposes an obligation upon persons responsible for projects that lead to occurrences that result in serious harm to fish that are part of or support a commercial, recreational or Aboriginal fishery. There is a duty to notify when this serious harm to fish is not authorized under the Act, or when there is a serious and imminent danger of such an occurrence. The Duty to Notify obligation can be met by completing and submitting a MTO Emergency Works Notification Form as outlined in this Annex.

For example, in an emergency situation such as a fish kill or a culvert washout or a bank washout into a watercourse that results in, or may imminently result in serious harm to fish, MTO has a duty to notify DFO of the situation. Similarly, if MTO identifies an emergency situation and it is unknown whether serious harm has occurred or is imminent, MTO shall notify DFO as above.

It is important to note that this notification only covers the serious harm that has occurred, or may imminently occur as a result of the emergency situation; it does not absolve MTO of its requirements under the Fisheries Act and this Protocol and as such, does not cover any additional serious harm that may result from remedial and/or emergency works required to address the emergency situation.


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Emergency works in and around waterbodies are not exempt from the requirements of the Fisheries Act and can result in serious harm to fish. Legally, a Fisheries Act Authorization cannot be issued following the completion of works. Until MTO has a Fisheries Act Authorization, it may be in a position of non-compliance. However, as there is inadequate time to conduct an assessment to determine the potential for serious harm, MTO shall presume that the possibility exists and shall make a formal request to DFO to determine whether there is serious harm to fish. If DFO determines that the emergency works, undertakings or activities will result in serious harm to fish, MTO completes and submits by email an Application for Authorization – Emergency Circumstances.

SPILLS RESPONSE

An emergency spill kit shall be kept on-site in case of spills during activities or fluid leaks or spills from equipment.

Various statutes address spills to the environment and the release of deleterious substances including sediment into waterbodies. When spills occur, MTO shall take reasonable corrective action and contact the Spills Action Centre (1‐800‐268‐ 6060).


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4D: EMERGENCY WORKS PROCEDURES AND NOTIFICATION FORM

The process for emergency works procedures are outlined below. As time is critical, it is imperative that MTO initiate these emergency procedures as quickly as possible.

1. MTO's first actions shall be to immediately take the necessary measures tosecure the site.

2. MTO shall, without delay, contact DFO both by phone and by completing andsubmitting by email a MTO Emergency Works Notification Form. The subjectline in the email must identify this as a “MTO Emergency”. A copy of the MTOEmergency Works Notification Form shall also be sent to the local MNRF AreaOffice for information purposes only. Contact information is listed in Annex 7.

3. DFO shall advise MTO within 7 calendar days by email indicating whether the filehas been sent to a Regulatory Review team for site specific review or if DFO hasno further concerns and will advise MTO of the next steps. During this time MTOshall continue with remedial actions and mitigation (e.g. within the two weekperiod following the date the emergency was identified).

It should be noted that if the works in response to an emergency are temporary in nature, any subsequent works, undertakings or activities that are carried out following the initial site stabilization, are not considered emergency works and are therefore subject to the self-screening process outlined in Annex 2 (e.g. design and construction of a new culvert and site restoration in the /weeks/months following a culvert failure or potential culvert failure).

MTO shall include all of the information outlined below.

Part 1: Proponent Information • Person reporting the emergency situation and contact details.• Name and contact details of the person in the field who is directly dealing with

the emergency situation.• MTO office and region contact information.

Part 2: Emergency Work Information • Description of the emergency situation.• Details on the location of the site including geographic coordinates, name of

waterbody and nearest community and the proposed start and end dates ofthe works.

• Indicate the types of impacts that have occurred or are about to occur bychecking the appropriate box(es).

• A description of the proposed repair works that have been or will beundertaken, including timelines and mitigation measures to protect thewaterbody(ies).


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• Identify whether the emergency works are temporary or final by checking theappropriate box.

• Indicate if photos are attached to the form. It is recommended that photos beincluded for an accurate assessment to be made.

Part 3: Other Agencies Contacted • Name(s), contact information and dates other agencies were contacted (e.g.

Spills Action Centre, DFO for federal aquatic species at risk or MNRF forprovincial aquatic species at risk).

* An expandable version of the MTO Emergency Works Form is available online.

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/0/9d2fdea60008b49b85257457006019e5/$FILE/FINAL_MTO_Emergency_Works_Form_ACC.pdf


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MTO EMERGENCY WORKS NOTIFICATION FORM Duty to Notify

CONTACT DFO BY PHONE AT 1-855-852-8320 AND SUBMIT FORM TO [email protected]

MTO Project W.P. No: Existing PATH File No.:


Person Reporting the Emergency: Field Contact:

Telephone #: Telephone #:

Email: Email:

Ministry of Transportation Office: MTO Region:

City/Town: Province: Ontario Postal Code:

PART 2: EMERGENCY WORK INFORMATION

Description of the Emergency Situation:

Location of Site: Geographic Coordinates (Lat/Long):

Nearest Community (city/town): Name/type of Waterbody(ies):

Proposed Start Date: (YYYY/MM/DD)

Proposed End Date: (YYYY/MM/DD)

Indicate if any of the following impacts have occurred or are about to occur:

Fish Kill (if yes, approximately how many) ________ Sediment deposition in channel Bank failure

Obstruction of fish passage through channel/culvert Modification of flows Other (specify) __________________

Description of Proposed Emergency Work (include mitigation measures and if applicable, indicate which MTO BMP will be followed):

Are the Emergency Works: Temporary (additional work will be required) Final ( no additional work required)

Are Photos Attached (recommended): Yes No

PART 3: OTHER AGENCIES NOTIFIED

Other Agency(ies) Notified?: Yes No

Agency(ies) Notified:

Date Notified: Contact Information of Agency(ies) Notified:

mailto:[email protected]


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4E: APPLICATION FOR FISHERIES ACT AUTHORIZATION – EMERGENCY CIRCUMSTANCES

In accordance with the regulations and legislative requirements an application for an authorization made under Emergency Circumstances shall include all information as outlined below.

NOTE: This form shall not be completed unless specified by a DFO Fisheries Protection Biologist.

Applicant Contact information 1. The applicant’s name, address, telephone number and, if applicable, the

name, address and telephone number of the MTO Service Provider.

Nature of the Emergency 2. A description of the nature of the matter of emergency and the reasons

why the proposed work, undertaking or activity needs to be conducted without delay.

Proposed Work, Undertaking or Activity 3. A description of the proposed work, undertaking or activity.

Timeline 4. The timeline for conducting the proposed work, undertaking or activity.

Location 5. A description of the location of the proposed work, undertaking or activity,

including its geographic coordinates and the name of any waterbody(ies) that are likely to be affected.

Serious Harm 6. A description of the serious harm to fish that are part of a commercial,

recreational or Aboriginal fishery, or to fish that support such a fishery, that is likely to result from the proposed work, undertaking or activity.

* An electronic version of the Applications for Authorization under Paragraph 35(2)(b) ofthe Fisheries Act Regulations (Emergency Circumstances) is available for download online at: http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/authorization-autorisation-eng.html

http://www.dfo-mpo.gc.ca/pnw-ppe/reviews-revues/authorization-autorisation-eng.html


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EMERGENCY CIRCUMSTANCES APPLICATION FOR AUTHORIZATION FORM


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ANNEX 5: QUALITY ASSURANCE AND QUALITY CONTROL PROGRAM

The Parties agree to implement a "Quality Assurance/Quality Control" (QA/QC) Program to ensure the effectiveness of this Protocol. This QA/QC program shall consist of 3 parts including Training, Qualifications, and Audit.

Part I TRAINING

MTO shall ensure that only consultants with appropriate training and qualifications are hired to undertake Protocol procedures. Training sessions shall be technical sessions.

Each agency is responsible for ensuring that the appropriate internal staff receives the required training.

Part II QUALIFICATIONS

MTO shall use qualified consultants to deliver the design and contract administration components of its projects. Qualification requirements for MTO's consultant Fisheries Assessment Specialist and consultant Fisheries Contracts Specialist are outlined below.

FISHERIES ASSESSMENT SPECIALIST

The Fisheries Assessment Specialist shall be hired by MTO to complete the required field investigations and assessments in order to meet the requirements of Steps 4 through 7 in Annex 2 of the Protocol.

As a minimum the Fisheries Assessment Specialist shall possess the following:

Education: • Graduation with a degree or diploma from a recognized university or college in a

natural or physical science with specialization in fisheries biology, aquatic biology, ecology, or another related discipline; and

• Successful completion of MTO fisheries Protocol Training.

Experience: • Demonstrated related work experience;• Demonstrated experience in conducting fisheries inventories and habitat

assessments;• Demonstrated experience in conducting impact assessments;• Demonstrated experience and/or knowledge of the application of DFO’s

Pathways of Effects and the Fisheries Act authorization process, gained throughproject experience;

• Demonstrated experience in planning and designing fish and fish habitatmitigation measures; and

• Demonstrated knowledge of federal and provincial legislation, policies andprocedures for fish and fish habitat in Ontario.


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FISHERIES CONTRACTS SPECIALIST

A Fisheries Contracts Specialist shall be used on projects for which a Fisheries Act Authorization has been issued. This ensures the proper implementation of all mitigation measures included in the construction contract and the terms and conditions of the Fisheries Act Authorization including the Offsetting Plan, in order to meet the requirements of Step 8 in Annex 2 of the Protocol.

A Fisheries Contracts Specialist may also be used on projects where no Fisheries Act Authorization is required but it has been deemed appropriate by MTO staff. In these situations the Fisheries Contracts Specialist may work for either the consultant Contract Administrator, the Contractor, or for MTO directly.

As a minimum the Fisheries Contracts Specialist shall possess the following:

Education: • Graduation with a degree or diploma from a recognized university or college in a

natural or physical science with specialization in fisheries biology, aquatic biology, ecology or another related discipline;

• Successful completion of MTO fisheries Protocol Training;• Valid Ontario Electrofishing Certification; and• Completion of Erosion and Sediment Control Monitoring Training*.

* Proven completion of a training course on ESC monitoring (e.g. Certified InspectorSediment and Erosion Control (CISEC), International Erosion Control Association(IECA), or equivalent).

Experience: • Demonstrated related work experience;• Demonstrated experience in monitoring construction activities in and around fish

habitat, (e.g. identifying risk situations, recommending correctiveactions/solutions);

• Demonstrated experience in the application of erosion and sediment controlmeasures;

• Demonstrated experience in the application of fish and fish habitat mitigationmeasures;

• Demonstrated experience in the construction/installation of fish habitatenhancement/offsetting measures; and

• Demonstrated knowledge of federal and provincial legislation, policies andprocedures for fish and fish habitat in Ontario.


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Part III Audit

As part of the QA/QC Program, MTO and DFO will jointly undertake project audits. PIT will develop an agreed upon scope of work for the annual audit as part of the annual work planning process.

Requirements and procedures are noted as follows:

Purpose of the Audit: To determine;

• The correct assessment/decision was made in determining whether there is aserious harm to fish;

• The mitigation measures and design modifications committed to in design toavoid serious harm to a fishery are being implemented and functioning as intended and are being maintained adequately; and

• Using gap analysis, the need for the development of additional tools and/orBMP’s, and /or modification of existing tools.

Scope of Audit: The Audit shall be undertaken annually by representatives of DFO and MTO. MTO staff shall include regional environmental staff knowledgeable about the project, the fisheries assessments, and related mitigation measures.

The audit shall consist of field investigations, documentation of findings and an analysis.

Projects for audit shall be selected as follows: • 10 MTO projects total with 2 selected (where possible) from each MTO Region;

and • For each MTO project a maximum of 5 waterbody crossings shall be audited.

Audit Procedures: MTO shall identify all projects that meet the above criteria at the time of the annual audit. DFO shall select from this list 10 projects to be audited.

The audit shall proceed as follows: • DFO and MTO representatives visit the sites and jointly assess the projects as

per the purpose of the audit and discuss findings; • DFO completes the audit form and both DFO and MTO sign the audit form for

each project; • DFO submits the forms to MTO for fiscal year end audit report; and• MTO prepares a report on the audit findings and submits to PIT for review and

endorsement.

PIT shall review, revise and endorse the audit findings to: • Consider any other actions necessary;• Report findings and make recommendations to their respective agencies;


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• Consider the need for changes to the Protocol; and• Develop additional best management practices, standards and guidelines and /or

modification of existing tools.

The Audit report shall be treated as confidential with the results intended for continuous improvement and not for enforcement. Results are not intended for public distribution.


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ANNEX 6: COMPENDIUM OF ENVIRONMENTAL DOCUMENTS

There are many documents guiding regulators and proponents in the protection of fish and fish habitat in Ontario. The following describes several key documents that shall be used in conjunction with the Protocol.

MTO'S ENVIRONMENTAL STANDARDS AND PRACTICES

The Protocol describes the process whereby MTO can comply with the requirements of the Fisheries Act. MTO's Environmental Standards and Practices have been developed to work hand-in-hand with the Protocol and provide the technical requirements. The Environmental Standards and Practices provides MTO and its service providers, as well as DFO, MNRF, interest groups and the public, with a comprehensive set of technical guidance documents which when used with the Protocol will ensure the protection of fish and fish habitat. More specifically, the Environmental Standards and Practices include the following:

• Environmental Protection Requirements that are descriptions ofenvironmental law and government policy as they relate to provincialtransportation projects.

• Environmental Reference for Highway Design that includes the technicalscope of work for undertaking the fisheries component of environmentalassessments.

• Environmental Guide for Fisheries that provides detailed tools for assessing,mitigating and offsetting impacts related to fisheries.

• MTO Best Management Practices for Fisheries Manual is intended to provide advice to MTO staff and service providers on how to undertake routine activities in a manner that avoids impacts to fish and/or fish habitat.

DFO POLICY STATEMENT

The Fisheries Protection Policy Statement, 2013 supports changes made to the Fisheries Act in 2012. It was prepared by DFO to explain the fisheries protection provisions of the Fisheries Act and to outline how DFO will implement the provisions. In particular, the policy statement focuses on the regulatory aspects of DFO’s Fisheries Protection Program.

Protecting the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries is best achieved when federal, provincial and territorial governments and proponents share the responsibility to protect these fisheries. The Fisheries Protection Policy Statement identifies the roles and responsibilities of these partners and stakeholders in the conservation and protection of fisheries.

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/cdedwvdate?openview&Count=10

http://www.raqsa.mto.gov.on.ca/techpubs/eps.nsf/cdedwvdate?openview&Count=10


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Federal Government (Represented by DFO)

The federal government is responsible for administering the fisheries protection provisions of the Fisheries Act to protect the productivity of Canada’s commercial, recreational and Aboriginal fisheries. This will be accomplished by: managing the threats to the sustainability and productivity of these fisheries; ensuring compliance with the Fisheries Act; providing consistent guidance, tools and information to proponents and partners; administering other federal legislation that also considers fish and fish habitat; and collaborating with provinces and territories.

Proponents

Proponents are responsible for: understanding the types of impacts their projects will cause; taking measures to first avoid and mitigate impacts to the extent possible, offset any residual serious harm to fish and request and abide by conditions of authorizations, when it is not possible to avoid or mitigate impacts of projects that are likely to cause serious harm to fish; and using fisheries management objectives when available.

Provincial Government

In Canada, the management of inland fisheries has been delegated to the provinces; however, the administration of the fisheries protection provisions of the Fisheries Act remains with the federal government. Provincial authorities deliver a range of natural resource conservation initiatives under various provincial laws that complement those of the federal government. Arrangements between Fisheries and Oceans Canada and other provincial authorities provide effective mechanisms to collaborate on managing threats to fisheries.

DFO FISHERIES PRODUCTIVITY INVESTMENT POLICY: A PROPONENT’S GUIDE TO OFFSETTING

Proponents have a role to protect fish that are part of or that support a commercial, recreational or Aboriginal fishery by avoiding serious harm to fish and mitigating any impacts that may occur. If after the application of avoidance and mitigation measures, residual serious harm occurs, an authorization under paragraph 35(2)(b) of the Fisheries Act must first be obtained to carry out works, undertakings or activities. The Application for Authorization requires that proponents develop offsetting plans to counterbalance unavoidable residual serious harm to fish and the loss of fisheries productivity resulting from the project.

The Fisheries Productivity Investment Policy: A Proponent’s Guide to Offsetting, 2013 is a document prepared by DFO to provide proponents with guidance on developing effective offsetting plans. The Policy is organized into four sections:

• Part 1 provides background information on the fisheries protection provisions ofthe Fisheries Act;

• Part 2 provides an overview of applying offsetting measures for fisheriesprotection, including objectives, guiding principles and types of measures;

• Part 3 describes step-by-step procedures for developing a plan to applyoffsetting measures under the fisheries protection provisions of the Fisheries Act,


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including selecting the appropriate measures, determining the extend of measures needed, and ensuring monitoring and reporting; and

• Part 4 provides contact information and links for more information on key topics.

DFO’s Fisheries Productivity Investment Policy: A Proponent’s Guide to Offsetting is available on the DFO website at: http://www.dfo-mpo.gc.ca/pnw-ppe/offsetting-guide-compensation/index-eng.html

http://www.dfo-mpo.gc.ca/pnw-ppe/offsetting-guide-compensation/index-eng.html

http://www.dfo-mpo.gc.ca/pnw-ppe/offsetting-guide-compensation/index-eng.html


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ANNEX 7: AGENCY CONTACT LISTS

7.1 FISHERIES AND OCEANS CANADA, CENTRAL AND ARTIC REGION

CONTACT ADDRESS TELEPHONE All Ontario Fisheries Protection Program

Fisheries and Oceans Canada 867 Lakeshore Road Burlington, ON L7R 4A6

Email English: [email protected] French: [email protected]

Tel: 1-855-852-8320

7.2 MINISTRY OF TRANSPORTATION

CONTACT ADDRESS TELEPHONE Environmental Policy Office – Head Office

Garden City Tower 301 St. Paul Street, 2nd Floor St. Catharines, ON L2R 7R4

Tel: 905-704-2098

Central Region Planning & Environmental Office 159 Sir William Hearst Ave, 3rd Floor Toronto, ON M3M 0B7

Tel: 416-235-5485

Eastern Region 1355 John Counter Blvd Postal Bag 4000 Kingston, ON K7L 5A3

Tel: 613-544-2220

Northeastern Region Ontario Government Building 447 McKeown Ave, Suite 301 North Bay, ON P1B 9S9

Tel: 705-472-7900

Northwestern Region 615 James Street South Thunder Bay, ON P7E 6P6

Tel: 807-473-2000

West Region Exeter Road Complex 659 Exeter Road London, ON N6E 1L3

Tel: 519-873-4100





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7.3 MINISTRY OF NATURAL RESOURCES AND FORESTRY - Northwest Region

CONTACT ADDRESS TELEPHONE Atikokan Field Office

108 Saturn Avenue Atikokan, ON P0T 1C0

Tel: 807-597-6971

Dryden District Office

479 Government Road (Hwy 17), Box 730 Dryden, ON P8N 2Z4

Tel: 807-223-3341

Fort Frances District Office

922 Scott Street Fort Frances, ON P9A 1J4

Tel: 807-274-5337

Geraldton Field Office

208 Beamish Avenue West, Box 640 Geraldton, ON P0T 1M0

Tel: 807-854-1030

Ignace Field Office

Highway 599, Box 448 Ignace, ON P0T 1T0

Tel: 807-934-2233

Kenora District Office

808 Robertson Street, Box 5080 Kenora, ON P9N 3X9

Tel: 807-468-2501

Nipigon District Office

5 Wadsworth Drive, Box 970 Nipigon, ON P0T 2J0

Tel: 807-887-5000

Red Lake District Office

227 Howey Street, Box 5003 Red Lake, ON P0V 2M0

Tel: 807-727-2253

Sioux Lookout District Office

49 Prince Street, Box 309 Sioux Lookout, ON P8T 1A6

Tel: 807-737-1140

Thunder Bay District Office

B001-435 James Street South, Thunder Bay, ON P7E 6S7

Tel: 807-475-1471


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7.3 MINISTRY OF NATURAL RESOURCES AND FORESTRY - Northeast Region

CONTACT ADDRESS TELEPHONE

Blind River Field Office

62 Queen Ave, Box 190 Blind River ON P0R 1B0

Tel: 705-356-2234

Chapleau District Office

190 Cherry Street Chapleau, ON P0M 1K0

Tel: 705-864-1710

Cochrane District Office

2-4 Hwy 11 South, Box 730 Cochrane, ON P0L 1C0

Tel: 705-272-4365

Hearst District Office

613 Front Street, Box 670 Hearst, ON P0L 1N0

Tel: 705-362-4346

Kapuskasing Field Office

Hwy 11 W, 122 Government Rd W., Box 2,Kapuskasing, ON P5N 2X8

Tel: 705-335 6191

Kirkland Lake District Office

10 Government Road E, Box 910 Kirkland Lake, ON P2N 3K4

Tel: 705-568-3222

Moosonee Field Office

Revillon Road, Box 190 Moosonee, ON P0L 1Y0

Tel: 705-336-2987

North Bay District Office

3301 Trout Lake Road North Bay, ON P1A 4L7

Tel: 705-475-5550

Sault Ste. Marie District Office

64 Church Street Sault. Ste. Marie, ON P6A 3H3

Tel: 705-949-1231

Sudbury District Office

3767 Hwy 69 South, Suite 5 Sudbury, ON P3G 1E7

Tel: 705-564-7823

Timmins District Office

5520 Hwy 101 East, Box 3090 South Porcupine, ON P0N 1H0

Tel: 705-235-1300

Wawa District Office

48 Mission Road, Hwy 101, Box 1160 Wawa, ON P0S 1K0

Tel: 705-856-2396


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7.3 MINISTRY OF NATURAL RESOURCES AND FORESTRY - Southern Region

CONTACT ADDRESS TELEPHONE

Aurora District Office

50 Bloomington Road W. Aurora, ON L4G 0L8

Tel: 905-713-7400

Aylmer District Office

615 John St. N., Aylmer, ON N5H 2S8

Tel: 519-773-9241

Bancroft District Office

106 Monck Street, Box 500 Bancroft, ON K0L 1C0

Tel: 613-332-3940

Bracebridge Field Office

1350 High Falls Road, Bracebridge, ON P1L 1W9

Tel: 705-645-8747

Guelph District Office

1 Stone Road West Guelph, ON N1G 4Y2

Tel: 519-826-4955

Kemptville District Office

10 Campus Drive PO Box 2002 Kemptville, ON K0G 1J0

Tel: 613-258-8204

Kingston Field Office

Beachgrove Complex 51 Heakes Lane, Kingston, ON K7M 9B1

Tel: 613-531-5700

Midhurst (Huronia) District Office

2284 Nursery Road Midhurst, ON L0L 1X0

Tel: 705-725-7500

Minden Field Office

Hwy. 35 Bypass, Box 820 Minden, ON K0M 2K0

Tel: 705-286-1521

Owen Sound Field Office

1450 7th Ave. East Owen Sound, ON N4K 2Z1

Tel: 519-376-3860

Parry Sound District Office

7 Bay Street Parry Sound, ON P2A 1S4

Tel: 705-746-4201

Pembroke District Office

31 Riverside Drive Pembroke, ON K8A 8R6

Tel: 613-732-3661

Peterborough District Office

1st Floor South Tower 300 Water Street, Peterborough, ON K9J 3C7

Tel: 705-755-2001

Vineland Field Office

4890 Victoria Avenue North PO Box 5000 Vineland, ON L0R 2E0

Tel: 905-562-4147


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ANNEX 8: GLOSSARY

TERM DEFINITION

Aboriginal (fishery) Means, as defined by the Fisheries Act, fish that are harvested by an Aboriginal organization or any of its members for the purpose of using the fish as food, for social or ceremonial purposes or for purposes set out in a land claims agreement entered into with the Aboriginal organization.

Action Plan(for SAR) Means a summary of projects and activities to meet recovery strategy objectives and goals, and include information on habitat, details of protection measures, and evaluations of socio-economic costs and benefits. They are the second element of SARA’s two-part recovery planning process, and are used to implement projects and activities to improve species status.

Activity (MTO) A MTO project as defined below. Aquatic Species Wildlife species that includes fish, marine mammals, and marine

plants as defined in the Fisheries Act.

Aquatic Vegetation Means a plant that grows partly or wholly in water whether rooted in the streambed, floating without anchorage or rooted along a waterbody bank.

Artificial Waterbodies

Means a waterbody that is not connected to a waterbody that contains fish at any time during any given year, such as: private ponds, commercial ponds (e.g., stocked fishing ponds, stormwater management ponds, irrigation ponds or watercourses, roadside drainage ditches and quarries and aggregate pits).

BMP (MTO) Means a MTO Best Management Practice that has been endorsed by the fisheries Protocol Implementation Team (PIT) that is intended to provide MTO staff, Service Providers and Contractors direction on how to undertake routine activities in a manner that avoids impacts to fish and fish habitat.

Commercial (fishery) Means, as defined by the Fisheries Act, as meaning that the fish is harvested under the authority of a license for the purpose of sale, trade or barter.

Consultant Means the individual, business or corporation hired by MTO, and is responsible for the development of designs at the various design stages of a project.

Contractor (MTO) Means the individual, business or corporation that is contracted by MTO to undertake construction of a project.

Contract Administrator (MTO)

Means the individual, business or corporation hired by MTO as a liaison between the contractor and MTO, and is responsible for the day-to-day administration of the contract and compliance of the contractor with the terms and conditions of the contract.

Critical Habitat Means, as defined by the Species at Risk Act, as meaning the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species.


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TERM DEFINITION

Debris

Means branches, stumps, logs, boulders, ice build-up, garbage or any other organic or inorganic materials that prevent the passage of water and/or fish, or that damages or impairs the proper functioning of infrastructure.

Deleterious Substance

Means, as defined in the Fisheries Act, as any substance that, if added to water, makes the water deleterious to fish or fish habitat or any water containing a substance in such quantity or concentration or has been changed by heat or other means, that if added to water makes that water deleterious to fish or fish habitat.

Destruction of Fish Habitat

Means, as defined by DFO Fisheries Protection Policy, a spatial scale, duration, or intensity that fish can no longer rely upon such habitats for use as spawning grounds, or as nursery, rearing, or food supply areas, or as a migration corridor, or any other area in order to carry out one or more of their life processes.

Emergency Works (MTO)

Means an emergency repair of a highway facility undertaken immediately after an accident, natural disaster (including beaver dam failure), catastrophic structural failure, or on detection of an imminent failure, including containment, cleanup and disposal of cleanup material; or a project that is required to address a situation where there is an imminent risk to life, public health or safety, the environment, damage or loss of property.

ESA Means the Endangered Species Act, provincial legislation enacted to protect species that are at risk and their habitats, and to promote the recovery of species that are at risk.

Fish Means as defined by the Fisheries Act as "Includes parts of fish, shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals."

Fish Habitat Means as defined by the Fisheries Act as "spawning grounds and any other areas, including nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly in order to carry out their life processes."

Fisheries Assessment

Means the procedures and requirements as outlined in Annex 2, used to determine the likelihood that a project may result in serious harm to fish or to impact federally listed aquatic species at risk.

Fisheries Assessment Specialist

Means a qualified individual hired by MTO to complete the required field investigations and assessments in order to meet the requirements of Steps 4 through 7 in Annex 2 of the fisheries Protocol.

Fisheries Contracts Specialist

Means a qualified individual hired by MTO to conduct construction monitoring on projects where there is a Fisheries Act authorization issued to meet the requirements of Step 8 in Annex 2 of the fisheries Protocol.


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TERM DEFINITION

High Water Level Means the usual or average level to which a body of water rises at its highest point and remains for sufficient time so as to change the characteristics of the land. In flowing waters (rivers, streams) this refers to the “active watercourse/bank-full level,” which is often the 1:2 year flood flow return level.

Impact Means change(s) brought about by a cause or agent and reflects a change in fish and/or fish habitat that has the potential to influence the productive capacity of fish habitat.

In-Water Work Mean any work, activity or undertaking occurring below the high-water level that may impact the waterbody bed or waterbody banks or flow in waterbody.

Maintenance Means the activities required to keep the highway in a safe, passable condition and prolong the life of the infrastructure.

Mitigation Means, as defined by DFO Fisheries Protection Policy, measures to reduce the spatial scale, duration, or intensity of serious harm to fish that cannot be completely avoided. Mitigation measures include the implementation of best management practices during the construction, maintenance, operation and decommissioning of a project.

MTO Means MTO staff and its consultants, contractors and contract administrators that conduct work for MTO.

Negative Residual Effect

Means, as defined by DFO Fisheries Protection Policy, any serious harm to fish remaining after the consideration of the application of proposed measures or standards to avoid or mitigate serious harm.

Project Manager (MTO)

Means the person (i.e. Engineer) that manages and oversees the overall design of a project.

Occurrence Means a spill or other event resulting in serious harm to fish that is not authorized under the Fisheries Act, or when there is a serious and imminent danger of such an event.

Parties Means the agencies (Canada and Ontario as represented by DFO, MTO and MNRF) signatory to the fisheries Protocol.

Parties’ Executive Means representatives of the agencies, Canada and Ontario as represented by DFO, MTO and MNRF signatory to the fisheries Protocol or their delegate(s) as deemed appropriate.

Permanent Alteration (Fish Habitat)

Means as defined by DFO Fisheries Protection Policy an alteration of fish habitat of a spacial scale and a duration that limits or diminishes the ability of fish to use as spawning grounds for nursery or rearing, or as food supply, or as a migration corridor in order to carry out one or more of their life processes.

PIT Means the fisheries Protocol Implementation Team as defined in Annex 1.

Project (MTO) Means a MTO activity or undertaking in planning, design, construction, operation or maintenance.


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TERM DEFINITION

Recovery Strategy (for SAR)

Means detailed plans that outline short-term objectives and long-term goals for protecting and recovering species at risk. These strategies reflect the requirements of SARA, although previously existing recovery strategies and action plans may not.

Recreational (fishery) Means as defined by the Fisheries Act as fish harvested under the authority of a license for personal use of the fish or for sport.

Right-of-way (ROW) Means the width of property for a highway facility including the paved surface and a setback which varies for different classes of highway.

SARA Means the Federal Species at Risk Act, federal legislation enacted to prevent Canadian indigenous species, subspecies, and distinct populations from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species, and encourage the management of other species to prevent them from becoming at risk.

Sediment Means soils or other surface material transported by wind or water as a result of erosion.

Serious Harm

Means as defined by the Fisheries Act as the death of fish or any permanent alteration to, or destruction of, fish habitat.

Service Provider (MTO)

Means consultants, contract administrators, and contractors hired by MTO to assist in the planning, design, construction, operations and maintenance of provincial transportation projects.

Species at Risk (SAR)

Means a provincially or federally listed as extirpated, endangered or threatened species or a species of special concern.

Spills Means the release of deleterious substances including sediment into a waterbody.

In-water work Timing Windows

Means a restriction to in-water work related to an activity during certain periods in order to protect fish from impacts of works or undertakings in and around water during spawning migrations and other critical life stages. They are established by the Ontario Ministry of Natural Resources and Forestry (MNRF).

Undertaking (MTO) Means a MTO project as defined above. Waterbody Means any permanent or intermittent, natural or constructed body of

water including lakes, ponds, wetlands, and watercourses, but does not include stormwater management ponds.

Waterbody Bank Means a slope on or adjacent to a waterbody from the normal water level to the top of slope.

Waterbody Bed Means the bottom of the watercourse over which the water flows. Watercourse Means a stream, creek, river, or channel, including ditches, in which

the flow of water is permanent, intermittent or ephemeral. Wetland Means lands that are seasonally or permanently covered by shallow

water, as well as lands where the water table is close to or at the surface.

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