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.

Names and citations of the environmental laws in question:

Sections 35, 37 and 40 of the federal Fisheries Act and section 5(1)(d) of the Canadian Environmental Assessment Act (CEAA)

Submitter(s):

The Friends of the Oldman River

Submission Timeline

September 10, 2004

The Secretariat received a submission and began a preliminary analysis of it under the guidelines.

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 16/09/2004

Submission - Submission authored by Submitter(s) on 07/09/2004

October 14, 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

November 15, 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.