Permitting Work Around Water:

Who Does What?

There a number of government agencies within the greater Kawartha Lakes watershed that have jurisdiction over permitting work around the shorelines of our lakes and rivers. The purpose of this page is to briefly introduce you to who they are, what they do and the project review process they undergo for processing permits for certain works around water.

The italicized sections in the below text are taken from the Fish Habitat Referral Protocol for Ontario (2009). Produced by the Regulatory Management Working Group of the multi-agency Aquatic Resources Management Advisory Committee (ARMAC).

Check out our Links page for the contact info for the below agencies.

Fisheries and Oceans Canada

Fisheries and Oceans Canada (DFO) is the federal agency that is responsible for the management and protection of Canada’s seacoast and inland fisheries. Through Section 35 of the Fisheries Act (prohibits the harmful alteration, disruption or destruction of fish habitat of fish habitat) and the “Policy for the Management of Fish Habitat” the DFO reviews applications for projects that may have a negative impact on fish habitat.

Shoreline property owner’s applications for work around water that are submitted to the Trent Severn Waterway, Conservation Authorities and the Ministry of Natural Resources may be forwarded to the DFO as ‘referral reviews’ for technical review and potential approval to ensure that the projects do not constitute a violation of Section 35.

The DFO has prepared a number of operational statements that can tell you if your project proposal will be subject to a DFO review prior to approval.

Parks Canada Agency

Parks Canada Agency (PCA) is the federal agency responsible for the management of National Parks, National Marine Conservation Areas and National Historic Canals. The Trent Severn Waterway (TSW) is a National Historic Canal and as such, it is subject to Historic Canals Regulations.

Under these regulations, the bed of the bodies of water listed below is under federal jurisdiction and you must contact the TSW’s Realty Services to acquire an “In-Water and Shoreline-Works Application Form” for projects on your waterfront property.

If the PCA determines that a harmful alteration, disruption or destruction of fish habitat can be mitigated, appropriate conditions are included in the approval letter sent out to the proponent by the PCA. If the work cannot be mitigated, the application is referred to the DFO for further Fisheries Act review. (p. 16)

TSW Lakes:

Trent River
Rice Lake
Otonabee River including Little Lake (except between Hunter St. Bridge north to Nassau Bridge)
Lake Katchiwanooka
Clear Lake
Stoney Lake
Lovesick Lake
Lower Buckhorn Lake
Upper Buckhorn Lake
Chemong Lake
Pigeon Lake
Little and Big Bald Lake
Big and Little Bob Channels
Sturgeon Lake
Scugog Lake and Scugog River
Cameron Lake
Rosedale River
Balsam Lake
Gull River south of Coboconk
Mitchell Lake, Canal Lake and connecting channels
Talbot River between Canal Lake and Talbot Dam
Channel between Talbot Dam and Lake Simcoe
Channel between Lake Couchiching and the Severn River
Sparrow Lake
Severn River including Gloucester Pool and Little Lake

If your property is located on any of these lakes consult the TSW's policy manual for 'In-Water and Shoreline Works and Related Activities' when planning your waterfront project.

Important: If your property is located on a river or stream that flows into or out of a TSW lake, you will need to determine how far back from the lake TSW’s jurisdiction extends. Your first call may be to a Conservation Authority or the Ministry of Natural Resources.

Conservation Authorities

Conservation Authorities (CAs) are non-profit organizations (governed by a Boards of Directors appointed by local municipalities) administering the Conservation Authorities Act of 1946 (with significant amendments in 1956) that ensures that Ontario’s rivers, lakes and streams are properly safeguarded, managed and restored. As watershed based resource management agencies, your local Conservation Authority provides technical expertise to municipal land use planning ensuring a balance between development and the conservation of freshwater ecosystems, protection of source water and sound watershed management.

If your property is located within the watershed boundaries of a CA and off of the Trent Severn Waterway, then the CA is the agency that permits work around water and should be your first point of contact for acquiring permits for any waterfront projects. Depending on your project you may be required to get a permit from the MNR as well.

The Kawartha, Otonabee and Crowe Valley Conservation Authorities have ‘referral review’ agreements with the DFO. Depending on the level of agreement, the CA will: undertake an initial review of the project to determine whether fish habitat may be impacted; provide mitigation advice to prevent fish habitat impacts: and/or review habitat compensation plans, in consultation with DFO. (p. 35)

The Ontario Ministry of Natural Resources

The Ontario Ministry of Natural Resources (MNR) manages and protects Ontario’s natural resources for wise use across the province. The MNR works with various partner agencies and organizations to manage forests, fish and wildlife, along with lands and waters.

In areas off of the TSW and outside of a Conservation Authority watershed, the MNR is your 'first point of contact' agency that is responsible for permitting certain shoreland* projects. Click here for information on the MNR's requirements for a work permit.

When an application is in, or around water where fish habitat is likely to be altered, MNR will inform the applicant that approval cannot be issued until the DFO has provided advice on protecting fish habitat. MNR will offer to make the referral to the DFO on behalf of the applicant and copy the applicant.

Where work permits are not required, and the work is in water, MNR will advice proponents of the need to have their project reviewed by the DFO staff. MNR staff will offer to refer the project to the local DFO on their behalf, and forward all available fisheries and fish habitat information on the proposed project. (p. 20)

Click here to see a map of MNR administrative boundaries.

* MNR definition of 'shorelands': lands covered or seasonally inundated by the water of a lake, river, stream or pond.

Transport Canada

Transport Canada (TC) administers and enforces the Navigable Water Protection Act that safeguards the navigability of inland waterways in the province. Under the Act, it is unlawful to place a bridge, boom, dam, wharf, dock, pier or pipe or any structure, device or thing that may interfere with navigation without the approval of TC.

Before you start your project contact the nearest Navigable Waters Protection Program (NWPP) office in your area to discuss the construction of the work. The NWPP officer will assist you in determining what information and documentation is required for preparing an application. Once submitted to the NWPP office and reviewed, an approval issued under the NWPP authorizes the work only in terms of its effect on navigation. It remains the owner’s responsibility to obtain other approvals that may be required. (p. 17)