Redside Dace Critical Habitat Order

Summary#

The Critical Habitat of the Redside Dace (Clinostomus elongatus) Order is a federal order under the Species at Risk Act that was registered on January 27, 2025 and published in the Canada Gazette on February 12, 2025. It makes the automatic prohibition against destroying any part of the Redside Dace’s critical habitat apply to areas identified in the species’ recovery strategy outside certain protected places.

What it does#

• Triggers the prohibition in subsection 58(1) of the Species at Risk Act against destroying any part of the Redside Dace’s critical habitat that is outside places already covered by other protections (for example, parts inside the Rouge National Urban Park were handled separately).
• Applies to the critical habitat identified in the recovery strategy posted on the Species at Risk Public Registry on July 29, 2024.
• Covers parts of many watersheds in southern Ontario where the species lives, including (but not limited to) the Credit River, Don River, Humber River, Rouge River, Duffins Creek, Carruthers Creek, Lynde Creek, Bronte Creek, Sixteen Mile Creek, Fourteen Mile Creek, and others listed in the recovery strategy.
• Leaves the detailed maps and the exact on-the-ground parcels to the recovery strategy; the order protects only the specific habitat features and locations identified there.
• Means anyone proposing works or activities that could destroy those habitat areas will need the appropriate federal authorization (for example, a Fisheries Act authorization that can have the same effect as a SARA permit).

Who's affected#

• Developers, construction companies, and other proponents planning work near or in streams and rivers in the listed watersheds.
• Provincial and municipal planning bodies and infrastructure proponents whose projects could touch these waterways. The recovery strategy specifically notes potential overlap with the proposed Highway 413 corridor.
• Fisheries and Oceans Canada and Parks Canada, which will review permit/authorization applications and enforce the order.
• Conservation authorities, local landowners, and environmental groups working in these watersheds.
• First Nations were consulted (18 were contacted during recovery strategy development); the Order does not affect reserve lands according to the federal assessment.

Why it matters#

• The Redside Dace is listed as an endangered fish in Canada. This order gives its identified habitat stronger federal legal protection against being destroyed.
• In practice, projects that would harm that habitat will face closer review and will need federal permits or authorizations that include conditions to avoid, reduce, or offset damage.
• That can change how developments, infrastructure projects, and some land-use decisions are planned in these watersheds.
• Breaking the prohibitions can lead to federal penalties; for serious indictable offences under SARA, fines can reach $1,000,000 and imprisonment up to five years (summary offence penalties are lower).
• The order aims to help recover the species and protect water quality in streams where the Redside Dace is an indicator of healthy aquatic habitat.