Temporary variance notice for the hazing of migratory birds: frequently asked questions
These frequently asked questions refer to the Public notice: hazing of migratory birds in environmental emergencies.
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General information
What is hazing?
Hazing is the act of deterring or dispersing wildlife away from the location affected by the environmental emergency. This can be done by temporarily chasing, pursuing, worrying, following after or on the trail of, lying in wait for, or harassing migratory birds, using non-lethal methods for wildlife conservation purposes. Hazing is widely recognized as a beneficial practice to prevent harm to migratory birds during oil spills and other environmental emergencies.
What is the purpose of this particular variance notice under section 20 of the Migratory Birds Regulations, 2022 and why was it done?
The variance notice under section 20 of the Migratory Birds Regulations, 2022 published on October 27, 2024 varies the application of paragraph 5(1)(a) and subsection 27(1) of the regulations for a period of one year. The notice will be applicable in environmental emergencies, which are uncontrolled or unexpected incidents involving the release of a substance that is harmful to migratory birds, into any location frequented by migratory birds, that results, or may result, in an immediate or long-term harmful effect to migratory birds.
The publication of the variance notice, therefore, lifts the requirement to comply with the prohibitions in paragraph 5(1)(a) and subsection 27(1) of the MBR, 2022, in environmental emergencies, which are described in the notice.
Temporary variance notice for the hazing of migratory birds
Why has Environment and Climate Change Canada issued this temporary variance notice on hazing?
The Department has issued this temporary variance notice to help protect migratory birds should environmental emergencies, such as oil spills, occur.
Hazing often involves activities that are prohibited under the Migratory Birds Regulations, 2022 such as harassing migratory birds.
The variance notice exempts certain individuals from those prohibitions when they are hazing in environmental emergencies, thereby helping to protect and conserve migratory birds.
Who does this variance notice apply to?
This notice applies to any person or organization who is responsible for the source or cause of the environmental emergency, to any personnel or organization responding to it, and to the government authority that regulates or has authority over the response and its appropriateness.
What does this notice allow?
The notice allows individuals or organizations to haze migratory birds, using non-lethal methods, in order to prevent them from coming in contact with harmful substances released in an environmental emergency situation.
Does this variance notice apply to all environmental emergencies?
No, this variance notice applies to environmental emergencies that meet the following conditions:
- The incidents are uncontrolled or unexpected
- they involve the release of a substance that is harmful to migratory birds into any location that is frequented or used by migratory birds (for example, oil spills in water)
- they result, or may result, in an immediate or long-term harmful effect to migratory birds; and
- they are reported to the designated authorities operating for the respective province or territory to which notifications are to be made
Are there rules about how the hazing must be done?
Yes. When hazing is used during an environmental emergency, the details of the hazing activities must be reported to the designated authorities.
Hazing activities must use non-lethal methods only. The variance notice does not lift the prohibitions to capture, kill, take, or injure migratory birds, or attempt to do so.
Also, the hazing activities can only take place as long as there is danger to migratory birds caused by the environmental emergency. The hazing must stop once the birds are no longer in danger. Birds may habituate to hazing, so hazing should be used strategically to maximize effectiveness.
Situations where variance notice would apply and not apply
What are some examples of situations where the notice would apply?
Some examples of where the variance notice could apply are:
- An overland pipeline that ruptures and oil goes into wetlands or fields used by birds
- A train derailing that leads to cargo of harmful chemicals being spilled into a river
- Oil leaked from a tanker or pipeline leak, an offshore fuel production platform, a ship capsizing
- A lake freighter releasing oil into a Great Lake
- A pleasure boat leaking oil into a lake
- An emergency event occurring at a tailings pond that causes a sudden breach and pollution into the environment
What are some examples of situations where the notice would not apply?
The notice would not apply to situations such as these:
- Tailing ponds when there is not an environmental emergency as defined in the variance notice
- Planned or scheduled releases of pollution, such as municipal sewage
- Keeping wild migratory birds away from domestic avian flocks
Why does this variance notice not apply to tailing ponds or other locations where harmful substances are kept or maintained?
The authority of the Minister in the case of the variance notice is limited to situations where urgent action is required and considered necessary for the conservation of migratory birds. As a result, this notice does not apply in areas or situations where the danger to migratory birds is known, consistent or predictable (e.g., tailing ponds).
Would a mass landing event at a tailings pond for a mine site constitute an emergency where the variance notice would apply?
No. As per the definition of an environmental emergency, the event must be uncontrolled or unexpected and involve the release of a substance that is harmful to migratory birds into any location that is frequented or used by migratory birds.
In the case of tailings ponds, the discharge of hazardous substances and the associated risk of harm to migratory birds are known. It is not an uncontrolled or unexpected situation. Therefore, proponents must be aware of the risk of potential mass landings of migratory birds and should be planning accordingly and undertaking beneficial management practices to avoid such situations.
In order to avoid risk to migratory birds, it is recommended that the industry consult the Government of Canada webpage on Beneficial management practices, which provides guidance for developing beneficial management practices that can both minimize the risk of harm to migratory birds, nests and eggs, and address other effects on migratory bird conservation.
Response strategy to environmental emergencies
Who is to be notified in the case of an environmental emergency and what is the procedure to do so?
In the event of an environmental emergency, the designated federal and provincial authorities need to be notified in order to coordinate adequate oversight of the spill and wildlife response.
Any person who owns or has the charge, management, or control of the substance immediately before the emergency or a person who causes or contributes to the emergency, must immediately report the incident to the designated authorities for the province or territory in which the event is occurring. Incidents may be reported 24 hours a day, 7 days a week. These authorities will then inform Environment and Climate Change Canada of the emergency event.
You will find environmental emergency contacts by province and territory at Environmental emergency contacts - Canada.ca.
Duration of variation notice
How long is this variance notice valid for?
This notice is valid for one year and expires on October 27, 2025.
Since the variance notice is valid for 1 year, how does ECCC plan to deal with this issue in the long term?
The long-term solution is to develop regulatory amendments to the Migratory Birds Regulations, 2022 which would allow for hazing in environmental emergencies. For more information on this and other planned regulatory initiatives, please refer to Continued evolution of the Migratory Birds Regulations, 2022.
Hazing methods and techniques
What are some common techniques that can be used when hazing migratory birds?
All hazing must be undertaken using non-lethal methods. In many hazing situations, the common tools for hazing birds during a spill are auditory devices, such as pyrotechnics and propane cannons, and visual scaring devices, such as mylar tape and lasers. Techniques that incorporate both visual and auditory aspects are often effective.
Any methods or techniques used must be done in accordance with the public variance notice for the hazing of migratory birds in environmental emergencies.
Environment and Climate Change Canada guidelines for conducting hazing are anticipated to be published online in 2024. In the interim, the appropriate regional Canadian Wildlife Service office should be consulted on when and how hazing is implemented during an emergency.
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