Forward Regulatory Plan 2024 to 2026, Environment and Climate Change Canada (ECCC), chapter 4

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 would include the delisting 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 would 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 would have no impacts on international trade or investment and are not expected to have any impacts on Canadians or local businesses. Delisting 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 lands as National Wildlife Areas, but rather reorganizing current land holdings, interest from stakeholders is expected to be minimal.

Consultations

The proposed regulations were published in the Canada Gazette, Part I, on June 1, 2024, for a 30-day public comment period. Publication of the final regulations in the Canada Gazette, Part II, is targeted for winter 2025.

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 St. Lawrence Islands National Wildlife Areas

Enabling Act

Description

The proposed regulations would 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 ten islands found 15 km east of Montreal in the St. Lawrence River) and
Lake Saint-Pierre Islands NWA – could be constituted of ten islands and islets 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 would create three National Wildlife Areas on islands that are, for the most part, uninhabited and which are not currently used for commercial purposes aside from occasional recreational activities in these areas.

The proposed regulations would have no impacts on international trade or investment and should not have any significant impacts on local businesses. The proposed regulations would, 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 2024.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in fall 2025 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 – Delisting of Lands from the Big Creek National Wildlife Area and Administrative Amendments to the Description of the Boundaries of the Big Glace Bay Lake National Wildlife Area and the Tintamarre National Wildlife Area

Enabling Act

Description

The Long Point Causeway, the sole access road to the community of Long Point, abuts Big Creek National Wildlife Area (NWA) in Ontario, and includes a bridge over Big Creek that needed to be replaced. The road is owned by the Corporation of Norfolk County. To ensure security of access to the community of Long Point (and to Big Creek NWA, Long Point Provincial Park, and Long Point NWA), immediate reconstruction of the bridge was required. To incorporate the necessary protections for species at risk (required under the Species at Risk Act, S.C. 2002, c. 29) that occur in the NWA, the new bridge’s abutments and associated slopes needed to be larger. Consequently, the construction resulted in the encroachment of three narrow parcels of Big Creek NWA land. The transfer of these lands from the federal government to the County will require the lands to first be delisted from Schedule I to the Wildlife Area Regulations.

These amendments will also clarify the technical descriptions of the boundary of the Big Glace Bay Lake NWA (Nova Scotia) and would update the boundary description for the Jolicure Unit of the Tintamarre NWA (New Brunswick) and replace it with a simplified description.

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 final 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 local Indigenous communities and immediate neighbours with respect to the delisting of lands of the Big Creek NWA. No comments were received.

The final amendments are targeting publication in the Canada Gazette, Part II, at the end of fall 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 Wallace Bay, Big Glace Bay Lake, Shepody, Tintamarre, Mississippi Lake and Big Creek National Wildlife Areas

Enabling Act

Description

Environment and Climate Change Canada (ECCC) has or will be securing administrative control of a number of new parcels of land which would be added to the following existing National Wildlife Areas (NWA): Wallace Bay, Big Glace Bay Lake, Tintamarre, Shepody, Big Creek, and Mississippi Lake.

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

The initiative would 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, as well as the lands acquired from the Province of Ontario adjacent to Big Creek NWA. The consultation ended in January 2023 and May 2023, respectively, 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 private acquisition of lands near Big Creek NWA.

ECCC has consulted broadly with Indigenous communities in Nova Scotia and New Brunswick since 2018 regarding future expansion of National Wildlife Area boundaries at Tintamarre and Shepody NWAs in New Brunswick, and Wallace Bay and Big Glace Bay Lake NWAs in Nova Scotia. Local landowners in the immediate vicinity of these acquisitions have been contacted via letter and telephone. Not for profit conservation partners in each province are also aware of ECCC’s ongoing land acquisition and expansion efforts at each National Wildlife Area.

The proposed amendments are targeting publication in the Canada Gazette, Part I, in winter 2025 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

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

Description

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

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 would be of interest to a limited group of hunters, hunting organizations, local residents, Indigenous peoples, 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 Canadians or local businesses.

Consultations

ECCC held pre-consultations with local First Nations communities, and key partners and stakeholders in 2022, including hunting associations, conservation organizations, the tourism sector, and municipal governments. The department received generally positive feedback on the proposal to abolish entrance fees, but mixed reactions on the proposal to eliminate the fall hunt program.

The proposed amendments are targeting publication in the Canada Gazette, Part I, in winter 2025 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

Description

The proposed amendments would 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 would 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 2025 for a 30-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 – 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 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 WAPTR 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

This initiative responds to an outstanding issue raised by the Standing Joint Committee on the Scrutiny of Regulations (SJCSR). The SJCSR and the Department have been corresponding on the Department’s inability to meet the 90-day timeline stipulated in WAPPRIITA since 2010.

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 final 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

A target for publication in the Canada Gazette, Part II, is currently on hold.

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 Bird Sanctuaries in Canada

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 Migratory Bird Sanctuaries 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.

The name change for McConnell River Migratory Bird Sanctuary would be of interest to Ghotelnene K’odtineh Dene as it overlaps with their traditional use area.

Consultations

Migratory Bird Sanctuaries 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 2025.

Further information

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 – Animal Welfare and Hazing

Enabling Act

Description

The proposed regulations would amend the Migratory Bird Regulations, 2022 to address hazing (or scaring) of birds to prevent them from coming into contact with 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, 2022 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, 2022.

Potential impacts on Canadians, including businesses

The proposed amendments would be of interest to conservation groups, wildlife rescue organizations, 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 planned for spring 2025. A Notice of Intent will be published at that time in the Canada Gazette, Part I.

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

Description

The proposed regulations would amend the Migratory Bird Regulations, 2022 (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. This would include addressing certain emergency situations related to public safety (such as wildfire suppression).

The amendments would also make other modifications to the permitting provisions of the MBR 2022. They would 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 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, 1994 and the MBR 2022 implement the Migratory Birds Convention, an agreement between the United States and Canada for the protection of migratory birds. 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 MBR 2022.

Potential impacts on Canadians, including businesses

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

Consultations

Early targeted engagement with rights-holders, stakeholders, and partners were conducted in 2023. ECCC anticipates conducting broader consultations in winter 2025. A Notice of Intent will be published at that time in the Canada Gazette, Part I.

Subsequently, it is anticipated that proposed regulations would be published in the Canada Gazette, Part I, for a 60-day comment period no earlier than 2027.

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

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

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

These Orders could be of interest to Indigenous peoples, partners, and stakeholders, including federal departments and federal land managers, wildlife management boards, provinces and territories, businesses, and non-governmental 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, but these costs will be described in the Regulatory Impact Analysis Statement once published. 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 Indigenous peoples, partners, and stakeholders 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

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)

Potential impacts on Canadians, including businesses

These Orders could be of interest to Indigenous peoples, partners and stakeholders, including federal departments and federal land managers, wildlife management boards, provinces and territories, businesses, and non-governmental 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, but these costs will be described in the Regulatory Impact Analysis Statement once published.

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 Indigenous peoples and stakeholders 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

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). Listing a species on Schedule 1 of SARA allows access to statutory measures to protect and recover species at risk. Reclassifying or removing a species ensures that the measures available are in line with the risk to the 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)

Potential impacts on Canadians, including businesses

These Orders could be of interest to Indigenous peoples, partners, and stakeholders including other federal departments and federal land managers, wildlife management boards, provinces and territories, businesses, and non-governmental 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

Pre-consultations with Indigenous peoples and stakeholders will be conducted prior to publication of the proposed orders in the Canada Gazette, Part I. A 30-day public comment period following publication of the proposed orders will provide a further opportunity for Indigenous peoples and stakeholders 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

Critical Habitat Protection Regulations

Enabling Act

Description

Environment and Climate Change Canada is considering the development of regulations under section 59 of the Species at Risk Act (SARA), which allows for regulations to be made to protect critical habitat on federal lands.

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. The development of regulations under section 59 of SARA could help address these concerns by providing another means of critical habitat protection.

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 development of any potential regulations to protect critical habitat could support both domestic and international cooperation initiatives. Domestically, these regulations could support the Accord for the Protection of Species at Risk entered into in 1996 between the federal, provincial, and territorial governments. Internationally, these regulations could 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 regulations could 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

These Orders could be of interest to Indigenous peoples, partners, and stakeholders including federal departments and federal land managers, wildlife management boards, provinces and territories, businesses, and non-governmental organizations.

The impacts of any potential regulations to protect critical habitat on federal lands would be determined at a later date and would be informed by pre-consultations with partners and stakeholders as part of the development of potential regulatory options for consideration by the Minister of Environment and Climate Change.

Consultations

Pre-consultations with Indigenous peoples and stakeholders would be conducted in order to inform the development of potential regulatory options for consideration by the Minister of Environment and Climate Change.

Further information

Information regarding the development of regulatory options and the pre-consultation process 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

2024-2026 Forward Regulatory Plan

Regulations Amending the Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations

Enabling Act

Description

The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations (Permit Regulations) came into force in 2013. The regulations specify information that must be included as part of the permit application and set out timelines for the issuance of, or refusal to issue, a permit. The Permit Regulations will be reviewed in 2024 as part of the regulatory stock review plan, and depending on the outcome of that review, Regulations Amending the Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations may be developed to address any issues identified during the review.

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. Further information is available through the Regulatory stock review plan 2019 to 2029: Environment and Climate Change Canada webpage.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

These proposed amendments could be of interest to Indigenous peoples, partners, and stakeholders including, other federal departments and federal land managers, wildlife management boards, provinces and territories, businesses, and non-governmental organizations.

Review of the Permit Regulations as part of the regulatory stock review plan may identify issues that could be addressed through amendments to the regulations. The impacts of any issues identified will be identified at that time.

Consultations

Pre-consultations with Indigenous peoples and stakeholders would be conducted prior to publication in the Canada Gazette, Part I.

Further information

Information regarding the review of the Permit Regulations as part of the regulatory stock review plan, 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

2024-2026 Forward Regulatory Plan

Site-Specific Protected Marine Area Regulations

Enabling Act

Description

A number of new Protected Marine Areas will be proposed to be designated through the creation of new distinct site-specific regulations under the Canada Wildlife Act. These Protected Marine Areas would protect critically important habitats for migratory birds and other species of national importance, including species at risk, on both the Atlantic and Pacific coasts. The new regulations would provide a regulatory framework for the management of these new Protected Marine Areas, identifying the activities that would be prohibited within the areas designated under the regulations, as well as a permitting regime.

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)

Regulatory cooperation with other federal departments, provinces and territories, and Indigenous peoples having jurisdiction and claims of jurisdiction in the marine environment will be required.

Potential impacts on Canadians, including businesses

The proposed regulations would create Protected Marine Areas in areas of the ocean that may be used currently for recreational, commercial or industrial purposes including fishing and shipping. The proposed regulations may have an impact on commercial and recreational fishers, recreational boaters, the shipping industry, and other industries that operate in the marine environment. Key rights holders include Indigenous peoples and provinces and territories, while key interested parties include municipal and regional district governments, environmental non-government organizations, communities, and marine industries including the tourism industry, aquaculture, commercial fishers, and transportation (shipping).

Consultations

ECCC will undertake consultations on the designation of Protected Marine Areas with key rights holders, including Indigenous peoples, and other interested parties beginning in 2024. Notices of Intent will be published in the Canada Gazette, Part I, with information regarding the consultations.

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

2024-2026 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – Modernization Phase 2

Enabling Act

Description

The proposed regulations would update the Wildlife Area Regulations in order to recognize Aboriginal and treaty rights according to section 35 of the Constitution Act, 1982, as well as to make a number of administrative updates related to the opening and closure hours of National Wildlife Areas (NWAs) and other updates.

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 be of interest to Indigenous peoples. As the proposed regulations are not designating any new lands as NWAs, interest from stakeholders is expected to be minimal. The proposed regulations will have no impacts on international trade or investment and are not expected to have any impacts on local businesses.

Consultations

ECCC anticipates conducting pre-consultations in winter 2025.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in spring 2026 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

2024-2026 Forward Regulatory Plan

Regulations Amending the Wildlife Areas Regulations – Adding Lands to the Atlantic Archipelago, Big Glace Bay Lake, Shepody, Cape Jourimain, Portobello Creek, Cap Tourmente, Lake Saint-François, Big Creek, St. Clair, Last Mountain Lake, and Columbia National Wildlife Areas

Enabling Act

Description

The proposed regulations would expand the Atlantic Archipelago, Big Glace Bay Lake, Shepody, Cape Jourimain, Portobello Creek, Cap Tourmente, Lake Saint-François, Big Creek, St. Clair, Last Mountain Lake, and Columbia National Wildlife Areas (NWAs).

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 may be of interest to Indigenous peoples, hunting associations, conservation organizations, the tourism sector, and municipal governments. The proposed regulations will have no impacts on international trade or investment and are not expected to have any impacts on local businesses.

Consultations

ECCC anticipates conducting pre-consultations for various timelines throughout 2025.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in fall 2025 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

2024-2026 Forward Regulatory Plan

Miscellaneous Amendments to the Migratory Bird Sanctuary Regulations – Modifying Descriptions of Some Migratory Bird Sanctuaries in Québec

Enabling Act