Authorizations issued by Fisheries and Oceans Canada (DFO) prior to November 25, 2013 continue to be valid, but holders can apply for a review of their authorization to confirm whether it could be amended or cancelled given the amendments to the Act. If certain terms or conditions of the authorization are no longer required because the project will not cause “serious harm” to fish, then the authorization could be cancelled or amended. The deadline for requesting a review is February 24, 2014. There will be no extensions available.
Holders of an authorization should be aware that seeking amendments or changes to their authorization could trigger a duty to consult with potentially affected Aboriginal groups. In addition, if the terms and conditions of an authorization are linked to an environmental assessment certificate, then DFO may be precluded from amending or cancelling the authorization.
Lawson Lundell's Project Law Blog focuses on updating proponents on issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and Indigenous consultation.