Avoidance guidelines

Compliance is an integral part of wildlife protection legislation and aims to ensure that migratory birds, as individuals and as populations, and their nests and eggs are protected and conserved. These avoidance guidelines are advice to help reduce the risk of incidental take of migratory birds, nests and eggs, and to help make proactive avoidance and mitigation decisions for any activities that might affect migratory birds (see list of species protected under the Migratory Birds Convention Act, 1994).


The information presented here constitutes advice only. All persons must adhere to all pertinent laws (for example provincial or territorial laws), regulations and permit requirements including but not restricted to the Migratory Birds Convention Act, 1994 (MBCA) and the Migratory Birds Regulations (MBR). It is important to note that some species of birds protected under the MBCA have also been listed in Schedule 1 of the Species at Risk Act (SARA). These species receive protection from both the MBCA and SARA.

This advice does not provide an authorization for harming or killing migratory birds or for the disturbance, destruction or taking of nests or eggs under the MBR. It does not provide a guarantee that the activities will avoid contravening the MBR or other laws and regulations. This is general information not intended to be relied on as official advice concerning the legal consequences of any specific activity. It is not a substitute for the MBCA, the MBR, or any other legislation.

The guidance provided on this website will be updated as new information becomes available.

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