Citizen Submissions on Enforcement Matters

Canada, Mexico and the United States cooperating to protect North America's shared environment.

Oldman River III

Submmission ID: SEM-04-004
Party concerned: Canada
Date filed: 10/09/2004
Status: Closed

Latest update: 15/11/2004
The thirty-day term expired without the Secretariat receiving a submission that conformed to Article 14(1). Under guideline 6.2, the process was therefore terminated.

Summary of the matter addressed in the submission:
The Submitters assert that the federal government's 1998 "Decision Framework for the Determination and Authorization of Harmful Alteration, Disruption or Destruction of Fish Habitat" is not authorized by or compatible with the Fisheries Act or the CEAA. The Submitters contend that between 1 April 2001 and 31 March 2002, the Minister of Fisheries and Oceans (DFO) was involved in 6922 letters of advice to project proponents that were unlawful because they were not authorized under section 35 of the Fisheries Act and because no environmental assessment was conducted as required by section 5 of CEEA before the letters were issued.

Submitter(s)
The Friends of the Oldman River

More about the process
Bringing the Facts to Light
A Guide to Articles 14 and 15 of the North American Agreement on Environmental Cooperation
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Name and citation of the environmental law inquestion
Sections 35, 37 and 40 of the federal Fisheries Act and section 5(1)(d) of the Canadian Environmental Assessment Act (CEAA)

Submission timeline

16/09/2004

The Secretariat acknowledged receipt of a submission and began a preliminary analysis of it under the guidelines.
	Submission — Submission authored by Submitter(s) on 7/09/2004
	Acknowledgement — Communication to Submitter(s) authored by Secretariat on 16/09/2004

14/10/2004

The Secretariat notified the submitter(s) that the submission did not meet all of the Article 14(1) criteria and the submitter(s) had 30 days to provide the Secretariat with a revised submission that conforms with Article 14(1).
	Determination — Secretariat Determination under Article 14 (1) authored by Secretariat on 14/10/2004

15/11/2004

The thirty-day term expired without the Secretariat receiving a submission that conformed to Article 14(1). Under guideline 6.2, the process was therefore terminated.