We contacted DFO in regards to their role in the application to infill Dartmouth Cove, approved by Transport Canada. Here is their reply.
**** Info via DFO
We are currently reviewing the proponent’s application to ensure it meets requirements under the Fisheries Act.
Fisheries and Oceans Canada (DFO) is responsible for the conservation and protection of fish and fish habitat. DFO conducts regulatory reviews of works, undertakings and activities under the Fisheries Act, Species at Risk Act and Aquatic Invasive Species Regulations.
The Department reviews information on the predicted impacts to fish and fish habitat and aquatic species at risk to determine how to best protect and conserve them using regulatory or non-regulatory tools. Our review considers a variety of factors including the scale of the project, the characteristics of the fish and fish habitat affected, and avoidance, mitigation and offsetting measures.
If DFO determines a work, undertaking or activity would result in the harmful alteration, disruption or destruction of fish habitat, a Fisheries Act authorization may be issued. If issued, a Fisheries Act authorization would include mitigation measures and require the proponent to offset or counterbalance the impacts of the project on fish habitat.
In addition, the Department also considers potential adverse effects of regulatory decisions on the rights of Indigenous peoples.