Canadian BMP for successful permitting and trackout control
Across Canada, ministers and premiers work to preserve the high quality of water and the ecosystem. On the national level, the Fisheries Act has been the guiding national regulation regarding fish and fish habitats in the country. Local municipal districts and regional districts work with their provinces to promote and enforce best management practices to ensure compliance and prevent harm to fish populations.
Canadian Federal Regulations
At the federal level, Canada's environmental and stormwater management is governed primarily by the Canadian Environmental Protection Act (CEPA), which provides the framework for protecting the environment and human health from risks posed by pollutants and waste. CEPA addresses various forms of pollution, including those stemming from construction activities that affect stormwater runoff. Under this law, Environment and Climate Change Canada (ECCC) is critical in managing stormwater and enforcing regulations to prevent water contamination through construction runoff. This includes ensuring that substances like sediments and pollutants from construction sites are properly managed to avoid environmental harm.
CEPA mandates pollution prevention planning for specific industries and activities related to urban and construction runoff. Developers and contractors must align their projects with federal environmental standards, often requiring the implementation of Best Management Practices (BMPs) to control, trackout, and manage sediment.
Additionally, the Canada Water Act governs the management of Canada's water resources at the federal level, promoting collaboration among provinces and territories on water management, particularly in areas that cross jurisdictional boundaries, such as stormwater runoff from large infrastructure projects.
Provincial Regulations:
Provinces hold significant power over natural resource management, including stormwater management. Each province has specific laws to regulate how construction projects manage stormwater to protect water quality and prevent flooding. For example:
Ontario
The Ontario Water Resources Act governs water management and pollution control across the province, and the Stormwater Management Planning and Design Manual offers detailed guidelines on the technical and procedural aspects of stormwater management for construction projects. The manual provides guidance on designing stormwater systems that minimize impacts on water quality and help control sediment and pollutants from construction runoff.
British Columbia
Under the Water Sustainability Act, BC controls activities that affect water bodies, such as construction runoff. The act ensures that stormwater systems are designed to prevent erosion and contamination of local water bodies. BC's Environmental Management Act further regulates sediment control on construction sites to avoid water pollution.
Alberta
The Environmental Protection and Enhancement Act (EPEA) regulates stormwater management in Alberta, requiring developers to implement systems that control runoff and minimize the impact on water bodies. Alberta has also issued specific guidelines for construction sites to manage runoff, including using sediment traps and trackout control devices.
Designated Projects
Designated projects, commonly larger and more complex, will always require a ministerial permit. Designated projects are typically larger-scale projects that would also require a federal impact or environmental assessment. After the passing of Bill C-68, the Minister will create regulation to determine what types of projects are considered Designated. Until the regulations are produced, the previous process of issuing letters of advice and ministerial authorizations will continue.
Small and Routine Projects
Small and routine projects that have the potential to impact fish and fish habitats are allowed to proceed without prior authorization provided they implement the standards and codes of practice. The Minister is tasked with creating regulation to determine the scope of what is considered “small and routine.”
Standards and Codes of Practice (SCoPs)
The Fisheries Act Bill C-68 began a process to create new standards and codes of practice for small and routine works. Much of the development of these is still underway, and interim codes of practice are used in the meantime. Standards and codes of practice can specify procedures, practices or standards in relation to works, undertakings and activities (WUAs).
https://talkfishhabitat.ca/codes-of-practice/codes-of-practice-resources
standards and codes of practice are created to guide and inform construction projects and other operations in order to avoid or mitigate the negative impacts on fish or fish habitats. The standards are developed with a wide range of interested and affected groups of people including Indigenous people, industry and proponents, environmental groups, and provinces and territories.
Species At Risk Act (SARA)
In addition to the Fisheries Act, the Species At Risk Act establishes protections for a variety of both land and aquatic species. Operators should review the aquatic species at risk map to determine if the project may need to obtain additional permit authorization or install additional measures to mitigate harm to at risk species.
Authorization may be obtained by one of the following:
- SARA permit
- Fisheries Act Authorization
- fishing licence that contains conditions for the protection of aquatic species at risk
Measures to Protect Fish and Fish Habitats
Proponents who are conducting works, undertaking or activities can maintain compliance with the Fisheries Act by implementing measures to avoid both causing the death of fish and causing harmful alterations, disruption, or destruction of fish habitat. The proponent is responsible for reviewing the complete list of measures and implementing all measures that are applicable to the work or activity. If a proponent is not able to completely implement the measures, the project may require a review.
Measures include preventing the death of fish, maintaining riparian vegetation, the carrying out of all works on land, maintaining fish passage, ensuing proper sediment control, and preventing entry of deleterious substances into the water.
Municipal level regulations
Municipalities are often responsible for enforcing local stormwater management bylaws, which align with both federal and provincial laws. Municipal regulations typically involve designing and implementing stormwater systems that comply with local water management plans.
For example, in Toronto, stormwater management is a critical component of city planning, and developers must submit detailed Stormwater Management Plans (SWMPs) for approval before beginning construction. These plans must address how construction activities will control erosion, sedimentation, and trackout during and after the project. Municipalities like Vancouver also enforce strict bylaws regarding erosion and sediment control, requiring developers to use BMPs such as sediment fences and trackout mats.
Municipalities can impose fines and require compliance with local ordinances to ensure that construction activities do not pollute local waterways or damage stormwater infrastructure.
FODS Modern Stabilized Construction Entrance
FODS Trackout Control Mat System is designed to stabilized the egress and ingress points on a construction project or industrial site to minimize tracking of sediment onto roadways. This technique is used to replace the various techniques mentioned in the manuals and guidebooks including:
- Access Road
- Stabilized Construction Access
- Gravel Access Approach
- Stone Construction Access
The Stabilized Construction Access pads are a modern, and highly effective solution to job site trackout. The system is composed of durable high density polyethylene (HDPE) mats which are formed into pyramid shapes which function similar to the rough edges on crushed stone.
Highly Effective
The pyramids deform vehicle tires and open tires treads allowing sediment and debris to break loose. Since the vehicle tires ride on the tops of the pyramids, the base of the pyramids mimics the voids or pores in a traditional Access Road. The system has been demonstrated to reduce street sweeping by 59% on high traffic projects.
Easily Maintained
The mats can hold up to 2.5” of sediment before vehicle tires come into contact with previously deposited debris. The system is easily maintained onsite without requiring additional materials by quick and simple cleaning methods including: skid steer with broom attachment, powered sweeper, street sweeper, or cleaning manually with a FODS shovel.
Increased Safety
Because the system does not use aggregate any size vehicles can use the system and there is system does not introduce the risk of aggregate becoming wedged in dual tire vehicles. The rockless system also reduces risk of aggregate migrating to active roadways, which makes the system ideal for highway and urban environments.
Durable & Reusable
The system is reusable and portable allowing contractors to reuse on multiple locations during subsequent job phases and continue using onto the next project. The mats are designed for heavy duty use and have an expected service life of 10+ years allowing contractors to stay compliant and reduce costs.
Additional Resources:
Alberta Sediment Control Manual
Stabilized Construction Entrance BMP - Ministry of Transportation and Infrastructure
