Forward Regulatory Plan 2023 to 2025, Environment and Climate Change Canada (ECCC), chapter 4

Wildlife and conservation

Regulations Amending the Wildlife Area Regulations – Designating the Atlantic Archipelago National Wildlife Area

Enabling Act

Canada Wildlife Act

Description

The proposed National Wildlife Area (NWA) will consist of critically important coastal habitats throughout Atlantic Canada based on transfer of administration and control of surplus properties from the Canada Coast Guard. The lands would consist of important habitats that have intrinsic value for coastal biodiversity in general and offer refuges for species whose distributions are shifting due to climate change.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations will create a NWA on remote lands that are already under federal jurisdiction and are not currently used for commercial purposes. The proposed regulations, will, therefore, have no impacts on international trade or investment and are not expected to have any impacts on local businesses. The proposed regulations will, nevertheless, likely be of interest to local Indigenous peoples as well as a number of stakeholders including the tourism sector and conservation groups.

Consultations

In 2019, Public Services and Procurement Canada, on behalf of Environment and Climate Change Canada, led pre-consultation with key stakeholders, including Indigenous organizations, regarding the transfer of administration and control of these properties for their anticipated future protection as an NWA. Pre-consultation sessions for the establishment of the NWA were conducted in 2022.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in winter 2024, for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – Designating the Country Island, St. Paul Island and Isle Haute National Wildlife Areas

Enabling Act

Canada Wildlife Act

Description

The proposed National Wildlife Areas (NWAs) will consist of critically important coastal habitat for migratory birds in Atlantic Canada. Environment and Climate Change Canada has assumed the administration of the lands within Country Island, Isle Haute and St. Paul Island from Fisheries and Oceans Canada (DFO).

Country Island, off Guysborough County, Nova Scotia, consists of an area of approximately 21 hectares. It supports the largest colony of breeding terns in Nova Scotia including three species: the Common Tern, the Arctic Tern, and the Species at Risk Act (SARA)-listed (Endangered) Roseate Tern for which the island has been designated as Critical Habitat.

St. Paul Island, which is 462 hectares, consists of critically important coastal habitat for migratory birds in Atlantic Canada. It is an important stopover site for birds migrating along the Atlantic flyway (crossing between Cape Breton and Newfoundland) and its boreal and temperate forests make it a unique area for biodiversity. It supports large numbers of endangered Bicknell’s Thrush as well as Leach’s Storm Petrel.

Isle Haute consists of an area of approximately 89 hectares comprising the entire island located in the Bay of Fundy off Cumberland County, Nova Scotia. It is home to more than 65 migratory bird species.

The final names of the NWAs will be determined in consultation with Indigenous partners.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations will create NWAs in areas already under federal jurisdiction that are not currently used for commercial purposes. The proposed regulations will, therefore, have no impacts on international trade or investment and are not expected to have any impacts on local businesses. The proposed regulations will, nevertheless, likely be of interest to local Indigenous peoples as well as a number of stakeholders including the tourism sector and conservation groups.

Consultations

In 2019, Public Services and Procurement Canada, on behalf of ECCC, led consultations with key stakeholders, including Indigenous organizations, regarding the transfer of administration and control of these properties for their anticipated future protection as NWAs. Pre-consultations for the establishment of the NWAs were conducted in 2021 and 2022.

The proposed regulations were published in the Canada Gazette, Part I, in June 2023, for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – De-listing of 19 Units of the Prairie National Wildlife Area (NWA) and Designation of Five New NWAs

Enabling Act

Canada Wildlife Act

Description

The proposed amendment involves a reorganization of 19 of the units that currently make-up the Prairie National Wildlife Area (NWA), which was created in 1978 following a land transfer agreement with Agriculture and Agri-Food Canada.

The Department confirmed the presence of rare or at-risk species in certain units, while also identifying that several other units have low conservation value.

The proposed amendments will include the de-listing of 19 units from Part VI (Saskatchewan) of Schedule I to the Wildlife Area Regulations under the Canada Wildlife Act, namely Units 1, 2, 3, 4, 5, 8, 9, 12, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, and 26.

The remaining units will be reorganized into five new NWAs, specifically:

  • Great Sandhills NWA – 475 hectares from existing Units 20 and 21
  • Harris Sandhills NWA – 374 hectares from existing Unit 13
  • Longspur NWA – 193 hectares from existing Unit 11
  • Moose Mountain Creek NWA – 163 hectares from existing Unit 27 and
  • Thickwood Hills NWA – 300 hectares from existing Units 6 and 7

Many migratory birds and species at risk occur in these areas including Sprague’s Pipit, Loggerhead Shrike, Burrowing Owl, and Slender Mouse-ear Cress. Deer, pronghorn, grouse, and other wildlife are also commonly observed.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed amendments, which will de-list small parcels of land that do not meet current NWA establishment criteria or which will reorganize federal lands currently designated as an NWA and not currently used for commercial purposes, will have no impacts on international trade or investment and are not expected to have any impacts on local businesses. De-listing of these lands from the Wildlife Area Regulations may be of interest to environmental non-government organizations and local Indigenous peoples.

As the proposed amendments are not designating any new land, but rather reorganizing current land holdings, interest from stakeholders is expected to be minimal.

Consultations

The proposed regulations are targeting publication in the Canada Gazette, Part I, in fall 2023, for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – St. Lawrence Islands National Wildlife Areas

Enabling Act

Canada Wildlife Act

Description

The proposed amendments will designate three new National Wildlife Areas (NWAs) under the Canada Wildlife Act. Specifically:

  • Boucherville Islands NWA – could be constituted of eight separate islands found in the St. Lawrence River between the urban centres of East Montreal and Boucherville
  • Varennes and Verchères Islands NWA – could be constituted of eleven islands found 15 km east of Montreal in the St. Lawrence River) and
  • Lake Saint-Pierre Islands NWA – could be constituted of seven separate islands found in the St. Lawrence River to the east of Sorel (Quebec)

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations will create three NWAs on islands that are, for the most part, uninhabited and which are not currently used for commercial purposes aside from occasional tourist excursions in the surrounding areas. These will continue to be allowed as they are not expected to occur within the proposed NWAs. The proposed regulations will, therefore, have no impacts on international trade or investment and are not expected to have any impacts on local businesses. The proposed regulations will, nevertheless, likely be of interest to local residents and Indigenous peoples as well as a number of stakeholders including the recreational sector, tourism sector and conservation groups.

Consultations

Environment and Climate Change Canada has done pre-consultations with key Indigenous organizations in 2020 to 2021. Consultations will be conducted with key stakeholders in 2023.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in fall 2024 for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – De-listing of lands from the Big Creek and the Vaseux-Bighorn National Wildlife Areas and Administrative Amendments to the Boundary of the Big Glace Bay Lake National Wildlife Area

Enabling Act

Canada Wildlife Act

Description

A bridge over Big Creek, on the sole access road to the community of Long Point, which abuts Big Creek National Wildlife Area (NWA), needs immediate replacement, which requires the municipality to encroach on a narrow strip of NWA land to allow for the footprint of the new bridge and the associated wildlife barrier. This initiative will de-list this narrow strip of land and subsequently transfer title of the land to the municipality in order to allow for this essential work.

A private landowner accidentally encroached onto two small parcels of the Vaseux-Bighorn NWA. Upon realizing it, he immediately informed Environment and Climate Change Canada of the error. The landowner offered a larger parcel, with a higher biodiversity and ecological value in exchange for the two smaller parcels. The two smaller parcels need to be de-listed from the NWA.

Furthermore, these amendments will also clarify the technical description of the boundary of the Big Glace Bay Lake NWA.

An exemption from pre-publication in the Canada Gazette, Part I, will be requested.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed amendments will have no impacts on international trade or investment and are not expected to have any impacts on local businesses. The amendments may be of interest to environmental non-government organizations and local Indigenous peoples.

Consultations

ECCC consulted on the de-listing of lands of the Vaseux-Bighorn NWA and will conduct additional consultations with Indigenous groups and non-Indigenous groups, including the Regional District of Okanagan-Similkameen and environmental non-government organizations, on the proposed land exchange.

Comments received will be compiled in a consultation report. As the lands being de-listed are of lower conservation value, and ECCC would in exchange receive lands of higher conservation value, ECCC does not expect concerns about the de-listing.

ECCC consulted local Indigenous communities and immediate neighbours with respect to the de-listing of lands of the Big Creek NWA. No comments were received.

The final amendments are targeting publication in the Canada Gazette, Part II, in winter 2024.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – Adding lands to the Vaseux-Bighorn, Portobello Creek, Tintamarre, Mississippi Lake and Big Creek National Wildlife Areas

Enabling Act

Canada Wildlife Act

Description

Environment and Climate Change Canada (ECCC) has or will be securing administrative control of a number of new parcels of land which will need to be added to existing National Wildlife Areas (NWA).

A private landowner accidentally encroached onto two small parcels of the Vaseux-Bighorn NWA. Upon realizing it, he immediately informed ECCC of the error. The landowner offered a larger parcel, with a higher biodiversity and ecological value, in exchange for the two smaller parcels. The parcel that is offered in exchange will need to be designated as part of the NWA.

In addition, ECCC has acquired administration and control of 26 parcels of land over the past 12 years adjacent to the Portobello Creek NWA. ECCC’s administrative control of these properties provides increased protection of wetland habitat and allows for improved conservation of migratory birds and wildlife, and will expand the boundaries of this NWA.

ECCC has also acquired administration and control of one parcel of land from Ducks Unlimited Canada adjacent to the Tintamarre NWA. ECCC ownership of this property allows for improved conservation of migratory birds and wildlife, and will expand the boundaries of this NWA.

In addition, ECCC has acquired administration and control of one parcel of land and is in the process of acquiring another parcel, both adjacent to the Mississippi Lake NWA. ECCC ownership of these properties will expand the boundaries of this NWA and allow for continued conservation and management of migratory birds and wildlife. The addition of the lands to Mississippi Lake NWA will facilitate an easier conservation management approach for the area.

Furthermore, ECCC is working to acquire administration and control of two parcels of land from the Ontario Provincial government adjacent to Big Creek NWA. ECCC ownership of these properties will allow for improvements on management for conservation of migratory birds and wildlife, and would expand the boundaries of this NWA.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed amendments will be designating new lands under the Wildlife Area Regulations. The activities that will be allowed without a permit will be consistent with those allowed in the rest of the NWAs to which the lands are being added.

The initiative will not impact international trade or investment and is not expected to have any impacts on local businesses. The proposed regulations may nevertheless be of interest to local Indigenous peoples as well as a number of stakeholders including the tourism sector, conservation groups and outdoor enthusiasts.

Consultations

ECCC consulted the immediate neighbours and local Indigenous community with respect to the lands under administration and control of ECCC adjacent to Mississippi Lake NWA. The consultation ended in January 2023 and comments received will be compiled in a consultation report. ECCC is planning to consult immediate neighbours and local Indigenous communities with respect to the acquisition of lands near Mississippi Lake and Big Creek NWAs.

The proposed amendments are targeting publication in the Canada Gazette, Part I, in fall 2024 for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – De-listing Blue Quills National Wildlife Area

Enabling Act

Canada Wildlife Act

Description

Blue Quills National Wildlife Area includes lands that were formerly part of a residential school grounds. To support reconciliation with Indigenous Peoples, these lands will be removed from the Wildlife Area Regulations (WAR) in order to facilitate a proposed transfer to Indigenous Peoples.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The lands proposed to be de-listed are not currently used for commercial purposes, and their de-listing will have no impacts on international trade or investment and is not expected to have any impacts on local businesses. De-listing of these lands from the WAR may be of interest to environmental non-government organizations and local Indigenous peoples.

Consultations

Environment and Climate Change Canada will be consulting with rights holders including the local First Nations, Métis communities, and other key stakeholders in the community.

The proposed amendments are targeting publication in the Canada Gazette, Part I, in fall 2023, for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – Cap Tourmente National Wildlife Area Entrance Fees and Fall Hunt Program

Enabling Act

Canada Wildlife Act

Description

Cap Tourmente is the only National Wildlife Area (NWA) for which entry fees are prescribed in the Wildlife Area Regulations. One of the proposed amendments would abolish entrance fees to the NWA. Furthermore, the Wildlife Area Regulations also establish the terms and conditions applicable to the fall hunt program and the associated permits and fees. Another proposed amendment would abolish the fall hunt, given that it is no longer needed as a conservation measure, as well as the permits and rights associated with this hunt. The hunt program was accessible to only a limited number of hunters.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to a limited group of hunters, hunting organizations, conservation groups, and the tourism sector; however, no significant impacts are anticipated. The proposed regulations would, therefore, have no impacts on international trade or investment and are not expected to have any significant impacts on local businesses. The proposed regulations would, nevertheless, also likely be of interest to local residents as well as a number of stakeholders including the recreational sector, tourism sector and conservation groups.

Consultations

ECCC held pre-consultations with key stakeholders in 2022.

The proposed amendments are targeting publication in the Canada Gazette, Part I, in winter 2024 for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Regulations Amending the Wild Animal and Plant Trade Regulations – Administrative Update

Enabling Act

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Description

The proposed amendments will update and streamline the Wild Animal and Plant Trade Regulations (WAPTR) in order to implement decisions agreed to by various Conferences of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), resolve issues identified by Environment and Climate Change Canada’s Wildlife Enforcement Directorate, and reduce administrative burden on stakeholders.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) and WAPTR are primarily used for the implementation of CITES.

The proposal is not expected to have an impact on regulatory coordination within Canada as there is ongoing cooperation with the provinces, territories, and other federal departments.

Potential impacts on Canadians, including businesses

The proposed amendments could be of interest to a wide variety of groups that import or export plant and animal specimens including trade and industry associations, Indigenous peoples, hunting and angling associations, environmental non-governmental organizations, as well as individual traders such as nurseries and breeders, museums, universities, zoos, furniture and musical instrument manufacturers, aquariums and other interested exporters and importers (tourists, pet owners, falconers, etc.). However, no significant impacts to any of these groups are anticipated.

These amendments will support Canadian stakeholders intending to import or export with other Parties, such as the U.S., by aligning regulatory processes. All Parties to the Convention are required to comply with CITES. Canadians wishing to import Appendix I CITES-listed species or export any CITES-listed species (specimens, body parts and/or derivatives) will require the appropriate permits from the Government of Canada. Canada has implemented and enforces its CITES permitting system to maintain regulatory alignment with other Parties while ensuring Canadian trade complies with international agreements.

Consultations

As part of the consultation process for these amendments, a Notice of Intent for pre-consultation with Canadians was published in the Canada Gazette, Part I, on October 29, 2022, for a 60-day comment period.

The proposed amendments are targeting publication in the Canada Gazette, Part I, in winter 2024 for a 60-day public comment period.

Further information

Further information on trade in protected species

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-2020 Forward Regulatory Plan

Regulations Amending the Wild Animal and Plant Trade Regulations – Elephant Ivory and Rhino Horn

Enabling Act

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Description

Recently, global concerns regarding African elephant and rhinoceros poaching and the negative impacts on populations from poaching and illegal trade in elephant ivory and rhino horn have increased.

Countries with significant levels of trade in ivory, including the United States (U.S.) and the United Kingdom (U.K.), have implemented controls for elephant trade stricter than those implemented by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Canada also currently implements some controls that are stricter than those implemented by the CITES. Environment and Climate Change Canada conducted pre-consultations with Canadians in summer 2021 to gather input on whether it is appropriate for Canada to implement additional measures to address global concerns in elephant ivory trade, and if so, what possible range of actions Canada should take.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and the Wild Animal and Plant Trade Regulations are primarily used for the implementation of the CITES.

Consideration of regulatory coordination with other countries, such as the U.S. and the U.K. will be taken.

The proposal is not expected to have an impact on regulatory coordination within Canada as there is ongoing cooperation with the provinces, territories, and other federal departments.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to importers and exporters of elephant ivory and rhino horn, including hunters, furniture and musical instrument manufacturers, travelling orchestras, etc., as well as Indigenous peoples and environmental non-governmental organizations. The proposed amendments may have some impacts to taxidermists based in Canada and to current hunters owning trophies.

Consultations

As part of the pre-consultation process for these amendments, a Notice of Intent related to elephant ivory was published in the Canada Gazette, Part I, on July 24, 2021 for a 60-day public comment period.

The proposed amendments were published in the Canada Gazette, Part I, in June 2023.

Further information

Further information on trade in protected species

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Regulations Amending the Wild Animal and Plant Trade Regulations – Repeal of Schedule I (Incorporation By Reference)

Enabling Act

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Description

The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) requires that the Appendices to the Convention on International Trade in Endangered Species (CITES), the list of species to which CITES trade controls apply, be restated in Canada’s domestic regulations. Accordingly, Schedule I to the Wild Animal and Plant Trade Regulations (WAPTR) restates the CITES Appendices. When this requirement was put in place, it was to ensure access to Canadians to the list of regulated species.

With the internet, access for Canadians to the CITES Appendices is no longer a concern. The time necessary to restate the Appendices in WAPTR every three years when changes are made has led to confusion for regulatees and unnecessary burden on public resources.

The Annual Regulatory Modernization Bill 2020 and the resulting amendments to WAPPRIITA will remove the requirement to restate the CITES Appendices in WAPTR. Accordingly, this proposed regulatory amendment to WAPTR will repeal Schedule I and will replace all references to Schedule I with references to the CITES Appendices.

WAPPRIITA and WAPTR are the mechanisms to implement and enforce CITES in Canada. This proposal will ensure alignment between WAPPRIITA and the CITES Appendices by automatically synchronizing the list of protected wildlife species. It will remove a duplicative list and lower the burden on public resources used to implement regulations. Additionally, it will enhance predictability to importers and exporters of wildlife commodities as there will be no question with respect to the timing of when changes to the CITES Appendices are implemented in Canada.

Standing Joint Committee on the Scrutiny of Regulations

The Committee has raised this issue to the Minister of the Environment.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

WAPPRIITA and WAPTR are primarily used for the implementation of CITES.

The proposal is not expected to have an impact on regulatory coordination within Canada as there is ongoing cooperation with the provinces, territories, and other federal departments.

Potential impacts on Canadians, including businesses

The proposed amendment could be of interest to a wide variety of groups that import or export plant and animal specimens including trade and industry associations, Indigenous peoples, hunting and angling associations, environmental non-governmental organizations, as well as individual traders such as nurseries and breeders, museums, universities, zoos, furniture and musical instrument manufacturers, aquariums and other interested exporters and importers (tourists, pet owners, falconers, etc.). Nevertheless, the amendment is administrative in nature and will streamline the process for importers and exporters by following up-to-date information concerning requirements and lists of species for which permits are needed.

Consultations

The final amendments are targeting publication in the Canada Gazette, Part II, in winter 2024.

Further information

Further information is available on the webpage Trade in protected species.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Miscellaneous Amendments to the Migratory Bird Sanctuary Regulations – Renaming of Eight Migratory Bird Sanctuaries in the Nunavut Settlement Area

Enabling Act

Migratory Birds Convention Act, 1994

Description

There are eight Migratory Bird Sanctuaries (MBS) in the Nunavut Settlement Area and all have English names. Under section 6.7 of the Inuit Impact and Benefit Agreement for National Wildlife Areas and Migratory Bird Sanctuaries in the Nunavut Settlement Area, the Area Co-Management Committees were tasked with identifying the Inuktitut names for those Migratory Bird Sanctuaries they are responsible for co-managing. The following MBSs are proposed for renaming:

  • East Bay
  • Harry Gibbons
  • Dewey Soper
  • Queen Maud Gulf
  • McConnell River
  • Seymour Island
  • Prince Leopold Island
  • Bylot Island

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to beneficiaries of the Nunavut Settlement Agreement and Inuit organizations that are signatories to the Inuit Impact and Benefit Agreement for National Wildlife Areas and Migratory Bird Sanctuaries in the Nunavut Settlement Area.

Consultations

MBS Area Co-Management Committees and Regional Inuit Associations are being consulted on the proposed name changes and will choose the Inuktitut names. The final amendments are targeting publication in the Canada Gazette, Part II, in winter 2024.

Further information

Migratory Bird Sanctuaries in Canada

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Regulations Amending the Migratory Birds Regulations, 2022 – Biennial Hunting Regulations (2024 to 2026)

Enabling Act

Migratory Birds Convention Act, 1994

Description

The proposed regulations would amend the Migratory Birds Regulations (MBR) to adjust season dates and bag and possession limits for migratory game bird species by province and territory. This is done to achieve conservation goals and allow for recreational migratory game bird hunting in Canada.

The migratory bird hunting regulations are amended biennially. However, ECCC evaluates the status of migratory game birds on an annual basis to ensure that urgent regulatory amendments can be made if necessary.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

Environment and Climate Change Canada (ECCC) works collaboratively with the provincial and territorial governments, as well as the government of the United States, to develop the biennial hunting regulations. In addition, ECCC directly invites comments on the proposed regulations from Mexico, the Caribbean, Greenland, and St. Pierre and Miquelon.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to hunters, hunting organizations, conservation groups and the tourism sector, however, no significant impacts are anticipated.

Consultations

ECCC conducts extensive consultations on the hunting regulations with an array of stakeholders, including: the provinces/territories; wildlife management boards; the Governments of the United States, Mexico, the Caribbean, Greenland and St. Pierre and Miquelon; U.S. State Governments; national and provincial conservation and hunter organizations; and other interested individuals.

As part of the consultation process for these amendments, a Notice of Intent is planned to be published in the Canada Gazette, Part I, in winter 2024. The purpose of this notice is to inform stakeholders and the Canadian public that ECCC will be recommending regulatory amendments to the MBR for hunting. The notice also informs stakeholders of the publication of the report Proposals to Amend the Canadian Migratory Birds Regulations.

The publication of the final amendments in the Canada Gazette, Part II, is targeted for spring 2024.

Further information

Further information on migratory game bird hunting.

Consultation process on migratory game bird hunting regulations in Canada.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Regulations Amending the Migratory Birds Regulations, 2022 – Fee Increase for Migratory Game Bird Hunting Permit and Canadian Wildlife Habitat Conservation Stamp

Enabling Act

Migratory Birds Convention Act, 1994

Description

The proposed regulation would amend the Migratory Birds Regulations to increase the cost of the Migratory Game Bird Hunting (MGBH) Permit and the Canadian Wildlife Habitat Conservation (CWHC) Stamp. The current fee charged for the MGBH Permit and CWHC Stamp are $8.50 each for a combined total of $17.00 plus applicable taxes. The fees charged for the MGBH Permit and the CWHC Stamp have not increased since 1998 and 1991, respectively. However, sales continue to decrease while program costs continue to increase. The service fee increase would better align with the Consumer Price Index and would provide more revenue to support cost recovery for the waterfowl survey, harvest survey, and permitting delivery.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed amendment will be of interest to hunters, hunting organizations, and conservation groups. Wildlife Habitat Canada is a non-profit organization, which receives the revenues from the sale of the CWHC Stamps in order to be used for migratory bird habitat conservation projects. In particular, the proposed increase in stamp fees would provide more revenue to Wildlife Habitat Canada for the conservation of wetlands and migratory bird habitat.

Consultations

Public consultations were held from February 22 to March 21, 2018. Updated service fee options were developed for consideration based on feedback received during the 2018 consultation. The service fee options also consider the current economic context due to the COVID-19 pandemic, the current inflation rate and updated costs to administer the MGBH program. Pre-consultations are anticipated to occur in summer fall 2023 to update and consider modifications to align with current year and Consumer Price Index.

The proposed amendments are targeting publication in the Canada Gazette, Part I, in spring 2024 for a public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Regulations Amending the Migratory Birds Regulations, 2022 – Public Safety Emergencies, Animal Welfare and Hazing

Enabling Act

Migratory Birds Convention Act, 1994

Description

The proposed regulations would amend the Migratory Bird Regulations, 2022 to address certain emergency situations related to public safety (such as wildfire suppression), hazing (or scaring) of birds to prevent them from contacting dangerous situations (such as oil spills or areas of high wildlife disease) and euthanasia. These amendments will also clarify that for Damage or Danger permits (section 70 and 71), either the migratory bird or the nest could be the cause of the damage or danger.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The Migratory Birds Convention Act and the Migratory Birds Regulations implement the Migratory Birds Convention, an agreement between the United States and Canada. While some differences exist, the regulations are largely aligned with those in the United States. Environment and Climate Change Canada works collaboratively with the provincial and territorial governments, as well as the government of the United States, to align the Migratory Birds Regulations.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to hunters, hunting organizations, conservation groups, industry sectors, and the public in general. Pre-consultations with the public and target groups will be undertaken to identify other potential impacts and particular concerns.

Consultations

Pre-consultations with stakeholders concerning these amendments are estimated for summer 2024.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in winter 2025 for a public consultation.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Regulations Amending the Migratory Birds Regulations, 2022 – Modernization Phase 2

Enabling Act

Migratory Birds Convention Act, 1994

Description

The proposed regulations would amend the Migratory Bird Regulations, (MBR) 2022 to further modernize the regulations, by establishing a permitting regime for inadvertent harm to migratory birds, their nests, and eggs (also known as “incidental take”). Incidental take can occur in the course of many resource development and other activities on the landscape, including activities for ecological integrity. Currently, there is no clear mechanism to allow for this under the Regulations. The amendments will also make other modifications to the permitting provisions of the MBR 2022. The amendments will also increase existing fees for three permits issued under the regulations (Aviculture, Taxidermy, and Eiderdown) as the fees charged for these permits have not increased since 1983. The amendments would also create new fees for other permits (Damage or Danger, Airport, and Scientific). The service fee increase would better align with the Consumer Price Index and would provide more revenue to support cost recovery for migratory birds’ conservation efforts and permitting delivery.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The Migratory Birds Convention Act and the Migratory Birds Regulations implement the Migratory Birds Convention, an agreement between the United States and Canada. While some differences exist, the regulations are largely aligned with those in the United States, and Environment and Climate Change Canada (ECCC) will be considering the approach taken by the United States. ECCC works collaboratively with the provincial and territorial governments, as well as the government of the United States, to align the Migratory Birds Regulations.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to businesses (aviculture, taxidermy, etc.), conservation groups, industry sectors, and the public in general.

Consultations

Early targeted engagement with stakeholders and partners have started in April 2023 and will continue in fall 2023. Subsequently, in fall 2023, ECCC will undertake broader consultations and a Notice of Intent will be published at that time in the Canada Gazette, Part I.

In fall 2024, it is anticipated that proposed regulations would then be published in the Canada Gazette, Part I, for a 60-day comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 613-297-1458
Email: caroline.ladanowski@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2022-2024 Forward Regulatory Plan

Protection Orders on federal land under the Species at Risk Act

Enabling Act

Species at Risk Act

Description

Under section 58 of the Species at Risk Act (SARA), Ministerial orders are required to protect critical habitat on federal land when the critical habitat has been identified in a final posted recovery strategy or action plan.

Standing Joint Committee on the Scrutiny of Regulations

The Standing Joint Committee on the Scrutiny of Regulations has written to the Department and the Minister regarding the delay in the making of critical habitat protection orders and the Minister’s obligations under subsections 58(4) and (5) on several occasions.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

These Orders support both domestic and international cooperation initiatives. Domestically, these Orders support the Accord for the Protection of Species at Risk entered into in 1996 between the federal, provincial, and territorial governments. Internationally, these Orders support the United Nations Convention on Biological Diversity, which was signed by more than 150 countries and was entered into in 1993. The objective of the Convention is to conserve biodiversity, sustainably use components of biodiversity, and share in a fair and equitable way the benefits of biodiversity. These Orders would also support the recently adopted Kunming-Montreal Global Biodiversity Framework and the overarching global goal regarding the “sustainable use and management of biodiversity to ensure that nature’s contributions to people are valued, maintained, and enhanced”.

Potential impacts on Canadians, including businesses

Stakeholders include federal departments and federal land managers, wildlife management boards, provinces and territories, Indigenous peoples, businesses, and environmental non-government organizations.

Costs associated with orders on federal lands are expected to be borne primarily by other federal departments and businesses operating on federal lands. These costs are currently unknown for future critical habitat protection orders. Costs will depend on the location of critical habitat and the activities undertaken on federal lands. Applications for permits will be required where critical habitat is protected for any activity that could destroy that critical habitat, but are only issued if certain conditions are met.

Consultations

Pre-consultations with stakeholders and Indigenous peoples will be conducted prior to publication in the Canada Gazette.

Further information

Timing and further details are determined on a case-by-case basis and will be made available on the Species at Risk Public Registry.

ECCC contact

Paula Brand
Director, SARA Policy and Regulatory Affairs
Telephone: 613-355-9453
Email: paula.brand@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Protection Orders on non-federal land and Emergency Orders under the Species at Risk Act

Enabling Act

Species at Risk Act

Description

From time to time, orders may be made under s.61 of the Species at Risk Act (SARA) to protect the critical habitat of a threatened or endangered species on non-federal lands. Emergency Orders may be made under s. 80 for the protection of a listed species on federal or non-federal land.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

These Orders support both domestic and international cooperation initiatives. Domestically, these Orders support the Accord for the Protection of Species at Risk entered into in 1996 between the federal, provincial, and territorial governments. Internationally, these Orders support the United Nations Convention on Biological Diversity, which was signed by more than 150 countries and was entered into in 1993. The objective of the Convention is to conserve biodiversity, sustainably use components of biodiversity, and share in a fair and equitable way the benefits of biodiversity. These Orders would also support the recently adopted Kunming-Montreal Global Biodiversity Framework and the overarching global goal regarding the “sustainable use and management of biodiversity to ensure that nature’s contributions to people are valued, maintained, and enhanced”.

Potential impacts on Canadians, including businesses

Stakeholders include wildlife management boards, provinces and territories, Indigenous peoples, businesses, and environmental non-government organizations.

Costs associated with orders on federal or non-federal lands could impact federal government departments and agencies, businesses operating on federal lands, provinces, territories, Indigenous peoples, businesses, and Canadians, among others. These costs are currently unknown.

Applications for permits will be required where critical habitat is protected for any activity that could destroy that critical habitat or for activities contravening prohibitions included in a s.80 order, but are only issued if certain conditions are met.

Consultations

Pre-consultations with stakeholders and Indigenous peoples will be conducted prior to publication in the Canada Gazette.

Further information

Timing and further details are determined on a case-by-case basis and will be made available on the Species at Risk Public Registry.

ECCC contact

Paula Brand
Director, SARA Policy and Regulatory Affairs
Telephone: 613-355-9453
Email: paula.brand@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Orders Amending Schedule 1 of the Species at Risk Act

Enabling Act

Species at Risk Act

Description

From time to time, orders may be made amending Schedule 1 of the Species at Risk Act (SARA) to add, reclassify or remove species, following receipt of assessments of the status of species from the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). The Minister issued in 2017 the Timeline for Amendments to Schedule 1 of the Species at Risk Act policy, to expedite decision-making. This policy states that from the date that COSEWIC submits a species status assessment to the Minister of Environment and Climate Change Canada, that Minister will seek to obtain a Governor-in-Council decision on whether to amend Schedule 1 within the 24 months, for terrestrial species.

Standing Joint Committee on the Scrutiny of Regulations

The Joint Committee has written to the Department and the Minister on several occasions seeking clarification about the timelines related to section 27. Specifically, the Joint Committee has identified a delay in the Minister of the Environment forwarding species assessments to the Governor in Council. This issue is ongoing.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

These Orders support both domestic and international cooperation initiatives. Domestically, these Orders support the Accord for the Protection of Species at Risk entered into in 1996 between the federal, provincial, and territorial governments. Internationally, these Orders support the United Nations Convention on Biological Diversity, which was signed by more than 150 countries and was entered into in 1993. The objective of the Convention is to conserve biodiversity, sustainably use components of biodiversity, and share in a fair and equitable way the benefits of biodiversity. These Orders would also support the recently adopted Kunming-Montreal Global Biodiversity Framework and the overarching global goal regarding the “sustainable use and management of biodiversity to ensure that nature’s contributions to people are valued, maintained, and enhanced”.

Potential impacts on Canadians, including businesses

Stakeholders include other federal departments and federal land managers, wildlife management boards, businesses that operate on federal lands, provinces and territories, Indigenous peoples, and environmental non-government organizations.

Costs associated with these orders are expected to be borne primarily by other federal departments and businesses operating on federal lands. Costs to other federal departments and businesses are currently unknown for future amendments to Schedule 1 of SARA. These costs are assessed as part of each listing proposal and will depend on the activities undertaken on federal lands and where the species is found on that land. Costs could also be incurred in applying for permits which will be required where threatened and endangered species are found for activities that could jeopardize the species or its residence.

Consultations

Consultations with stakeholders and Indigenous peoples will take place before and after publication of the proposed orders in the Canada Gazette, Part I. A 30-day public comment period will also allow stakeholders and Indigenous peoples to provide comments on the proposal.

Further information

Timing and further details are determined on a case-by-case basis and will be made available on the Species at Risk Public Registry.

ECCC contact

Paula Brand
Director, SARA Policy and Regulatory Affairs
Telephone: 613-355-9453
Email: paula.brand@ec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2012-2014 Forward Regulatory Plan

Consult Environment and Climate Change Canada’s acts and regulations web page for:

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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