Continued evolution of the Migratory Birds Regulations, 2022

Eligibility for damage or danger permits

Environment and Climate Change Canada is considering amendments to allow the eligibility criteria for applicants to damage or danger permits issued under subsections 65(1), 70(3) and 71(3) of the Migratory Birds Regulations, 2022 to include holders of easements, servitudes, or rights of way.

The purpose of the proposed amendment is to provide regulatory clarity, particularly for organizations that provide public services on private or public lands to ensure the continuation of uninterrupted services for Canadians.

Consultations and Canada Gazette publication

A Notice of Intent was published on October 15, 2022 in the Canada Gazette, Part I inviting Canadians to share feedback on the proposed amendments over a 30-day public consultation period.

The publication of the final regulations in the Canada Gazette, Part II is currently anticipated in winter/spring 2023.

Public safety emergencies, animal welfare, and hazing

This regulatory initiative would address situations relating to:

• public safety emergencies (e.g., wildfire suppression) where the migratory bird itself is not causing the damage or danger
• animal welfare situations where migratory birds that have been injured beyond the point of rehabilitation and may need to be euthanized
• hazing (scaring) of migratory birds to prevent them from encountering an emergency hazard (e.g., oil spill) or in disease situations (e.g., avian flu)

These amendments would 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.

Consultations and Canada Gazette publication

The consultations for these proposed amendments are expected to begin in spring 2023.

The publication of the proposed regulations in the Canada Gazette, Part I is currently being targeted for fall 2023, for a 30-day public comment period. The publication of the final regulations in the Canada Gazette, Part II is anticipated in 2024.

Modernization phase 2

The modernization of the Migratory Birds Regulations is being undertaken in a phased approach. Phase 1 of the modernization was completed in July 2022 with the coming into force of the Migratory Birds Regulations, 2022. The main objectives of Phase 1 were to:

• update and streamline the regulations in order to increase clarity and facilitate interpretation
• recognize existing Aboriginal and treaty harvesting rights according to section 35 of the Constitution Act, 1982
• reflect in the regulations current policy direction for migratory bird hunting and nest protection

The main objectives of Phase 2 of the modernization are to:

• introduce an incidental take permitting regime
• address other permitting challenges; and
• address outstanding Indigenous rights issues

Incidental take is when a migratory bird or nest is harmed, killed or destroyed by an activity that is not intended to target to the species.

The primary goal of developing an incidental take permitting regime will be to conserve migratory birds and their populations while providing regulatory certainty for some activities.

Pre-consultations

In spring, summer, and fall 2023, the Government of Canada gathered preliminary feedback from a variety of stakeholders and from section 35 rights holders (hereafter Indigenous Peoples) on the potential design of a regulatory regime for incidental take. Listening sessions allowed a diverse perspectives to be shared with the Government of Canada.

A summary of the listening sessions is presented below:

• 15 sessions were held with 87 representants of industrial sectors, non-government organizations, academia, and government officials from the federal, provincial, territorial, and municipal levels. 3 sessions were held with Indigenous Peoples with representatives of 37 communities or organizations.
• Overall, the participants expressed the desire that the future regulatory regime for incidental take should be guided by the following principles:
  • risk-based
  • streamlined
  • transparent
  • low administrative burden.

Indigenous Peoples and organization representatives supported and/or emphasized:

• Permitting regime that ultimately aims to promote migratory bird conservation, Indigenous rights and that mitigates undue burden
• A holistic approach recognizing the importance of migratory birds to overall biodiversity and the necessity of habitat conservation.
• Ensuring that harvesting rights and traditional food sources are not impacted negatively by the permitting regime
• The importance of involving Indigenous Peoples at all stages of regulatory development
• Need for greater legal enforcement
• Meaningful thresholds and cumulative effects should be addressed with limits to the permits that are issued and to the level of take that can occur over a given area, considering all sectors and activities .

NGOs and academics supported and/or emphasized:

• Need for a streamlined process informed by risk
• Permitting regime which should benefit migratory bird conservation
• Need to make sure that the new system is enforced, and the permit applicants are held accountable to the conditions attached to the permits

Industrial sectors supported and/or wanted

• Risk-based approach (for example, general exemptions used for low-risk activities and permits used for higher-risk activities only)
• Recognition of their actions towards conservation
• Alignment with other federal/municipal regulations and the US
• More guidance documents and best management practices approved by ECCC

Governments (Federal departments, Provincial and Municipal) supported and/or wanted

• A system with low financial and administrative burden
• Possibility to provide comments on permit applications being considered and permits issued in their jurisdiction
• More guidance documents and best management practices approved by ECCC

Next steps

ECCC will continue to refine its approach in light of what was heard during consultations to date. ECCC is working towards broader consultations, which will be announced through a Notice of Intent published in the Canada Gazette. Timing for that step has not been determined.

Fee increase for the Migratory Game Bird Hunting Permit and Canadian Wildlife Habitat Conservation Stamp

The proposed amendments would 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.

Consultations and Canada Gazette publication

Service fee options are being developed based on feedback received during the public consultations held from February 22 to March 21, 2018. Additional consultations are anticipated to occur in winter 2023 to update and consider modifications to align with current year and Consumer Price Index.

The publication of the proposed regulations in the Canada Gazette, Part I, for a 30-day comment period, is anticipated in fall 2023. The publication of the final regulations is anticipated in 2024.

Biennial Hunting Regulations (2024 to 2026)

The proposed amendments would adjust season dates, bag and possession limits by province and territory for migratory game bird hunting in Canada. 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, Environment and Climate Change Canada evaluates the status of migratory game birds on an annual basis to ensure that urgent regulatory amendments can be made if necessary.

Consultations and Canada Gazette publication

Environment and Climate Change Canada conducts extensive pre-consultations on the hunting regulations with an array of stakeholders and partners.

A Notice of Intent is planned to be published in the Canada Gazette, Part I, in winter 2024. The notice will inform stakeholders and Canadians of the proposed amendments through the publication of the report Proposals to Amend the Canadian Migratory Birds Regulations, and provide the opportunity to give feedback during a 30-day consultation period.

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

For more information

If you have questions on the Migratory Birds Regulations, 2022 you may contact us at ReglementsFaune-WildlifeRegulations@ec.gc.ca.