The This paper raises a number of questions about the circumstances in which Fisheries Authorizations use of Authorizations pursuant to S. 35(2) of the (FAs) are issued for mining projects, measures taken Fisheries Act and Letters of Advice on mining projects by the Department of Fisheries and Oceans (DFO) to and asks whether the Habitat Management Program’s avoid issuing FAs, and the impacts of m [...] The policy objective for the management of fish habitats is a net gain of habitat for Canada’s fisheries The Federal Fisheries Act resources; specifically an increase in the natural pro- The Constitution Act of 1867 gave the federal gov- ductive capacity of habitats for the nation’s fisheries ernment of Canada the responsibility and authority to resources to benefit present and future generations [...] The dam of In dealing with a project where the destruction of fish the tailings pond is over the area where the wetland habitat may occur or where the existing habitat’s pro- had been. [...] It does not include a mechanism for Implementing the Policy public consultation and input into the design of a The conservation and protection of fish habitat is the project which might result in the destruction of fish mandate of the Fish Habitat Management habitat. [...] The assessments habitat impacts from installation of a mine effluent states that DFO is confident that impacts of fish discharge system and the infilling of the Tulsequah habitat associated with the causeway construction River floodplain habitat for the construction of a can be mitigated.