Regulations Amending the Migratory Birds Regulations: SOR/2020-133

Canada Gazette, Part II, Volume 154, Number 14

Registration

SOR/2020-133 June 18, 2020

MIGRATORY BIRDS CONVENTION ACT, 1994

P.C. 2020-459 June 17, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 12(1) ^{footnote a} of the Migratory Birds Convention Act, 1994 ^{footnote b}, makes the annexed Regulations Amending the Migratory Birds Regulations.

Regulations Amending the Migratory Birds Regulations

Amendments

1 (1) Subsection 14(1) of the Migratory Birds Regulations ^{footnote 1} is replaced by the following:

14 (1) Subject to section 23.3, no person shall hunt for migratory game birds within 400 m of any place where bait has been deposited unless the place has been free of bait for at least seven days or the bait was deposited in accordance with subparagraph (5)(a)(i) or (ii).

(2) Paragraph 14(3)(b) of the Regulations is replaced by the following:

• (b) posts in that place signs that are located at a distance of 400 m from the bait and that are of a type and wording satisfactory to the Regional Director.

(3) Subsection 14(5.1) of the Regulations is replaced by the following:

(5.1) The permit holder who places bait for the purpose referred to in subparagraph (5)(a)(i) or (ii) must post a sign at the place where the bait is deposited that is of the type and wording specified in the permit and that indicates the permit number.

2 Table I of Part I of Schedule I to the Regulations is replaced by the following:

TABLE I

Waterfowler Heritage Day and Open Seasons on the Island of Newfoundland

Item	Column 1 Area	Column 2 Waterfowler Heritage Day	Column 3	Column 4 Open Season	Column 5
		Ducks, Including Mergansers (Other than Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters), Geese and Snipe	Ducks (Other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters), Geese and Snipe	Common and Red-breasted Mergansers	Long-tailed Ducks, Eiders and Scoters
1	Northwestern Coastal Zone	Second Saturday of September	Third Saturday of September to last Saturday of December	October 10 to January 23	November 1 to February 14
2	Southwestern, Southern, Avalon-Burin, Northeastern and Northern Coastal Zones	Second Saturday of September	Third Saturday of September to last Saturday of December	October 10 to January 23	November 25 to March 10
3	Newfoundland Inland Zone	Second Saturday of September	Third Saturday of September to last Saturday of December	October 10 to January 23	No open season

3 (1) Paragraphs 1(a) to (d) after Table I of Part I of Schedule I to the Regulations are amended by replacing “inland zones” with “inland zone”.

(2) Paragraphs 1(e) to (h) after Table I of Part I of Schedule I to the Regulations are replaced by the following:

• (e) Avalon-Burin Coastal Zone means all that portion of the coast of the Island of Newfoundland lying within 100 m of the mean ordinary high-water mark, including portions of adjacent offshore islands not included in the inland zone, and the adjacent marine coastal waters, bounded by a straight line drawn due south from Cape Rosey, and from there in a generally easterly and northerly direction along the coast ending at a boundary line drawn due northeast from Cape Bonavista; and
• (f) Newfoundland Inland Zone means all of the Island of Newfoundland other than the portions described in paragraphs (a) to (e) and includes portions of the offshore islands within the adjacent coastal zones lying within 100 m of the ordinary high-water mark.

4 Table II.1 of Part I of Schedule I to the Regulations is replaced by the following:

TABLE II.1

Bag and Possession Limits in Labrador

Item	Column 1 Limit	Column 2 Ducks (Other than Common and Red-breasted Mergansers, Harlequin Ducks, Eiders and Scoters)	Column 3 Common and Red-breasted Mergansers	Column 4 Eiders and Scoters	Column 5 Geese	Column 6 Snipe
1	Daily Bag	6 table 2 note a	6	6	5	10
2	Possession	18 table 2 note a	12	12	10	20
Table 2 note(s) Table 2 note a Not more than one may be Barrow’s Goldeneye. Return to table 2 note a referrer

5 Table I of Part III of Schedule I to the Regulations is amended by replacing “Ducks (Other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads” and “Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads” with “Ducks (Other than Harlequin Ducks and Eiders)” and “Eiders”, respectively.

6 The portion of items 1 and 2 of Table I of Part III of Schedule I to the Regulations in column 4 is replaced by the following:

Item	Column 4 Open Season
	Eiders
1	November 9 to January 7
2	November 17 to January 15

7 Item 3 of Table I of Part III of Schedule I to the Regulations is repealed.

8 Paragraphs 1(a) to (c) after Table I of Part III of Schedule I to the Regulations are replaced by the following:

• (a) Zone No. 1 means the counties of Antigonish, Pictou, Colchester, Cumberland, Hants, Kings and Annapolis; and
• (b) Zone No. 2 means the counties of Digby, Yarmouth, Shelburne, Queens, Lunenburg, Halifax, Guysborough, Cape Breton, Victoria, Inverness and Richmond.

9 Table II of Part III of Schedule I to the Regulations is replaced by the following:

TABLE II

Bag and Possession Limits in Nova Scotia

Item	Column 1 Limit	Column 2 Ducks (Other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)	Column 3 Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters	Column 4 Geese	Column 5 Woodcock	Column 6 Snipe
1	Daily Bag	6 table 4 note a	5 table 4 note c table 4 note d	5 table 4 note g table 4 note h	8	10
2	Possession	18 table 4 note b	10 table 4 note e table 4 note f	16	16	20
Table 4 note(s) Table 4 note a Not more than one may be Barrow’s Goldeneye. In Zone No. 1, during the period beginning on December 1 and ending on January 7, and in Zone No. 2, during the period beginning on December 8 and ending on January 15, not more than four may be American Black Ducks. Return to table 4 note a referrer Table 4 note b Not more than one may be Barrow’s Goldeneye. Return to table 4 note b referrer Table 4 note c Not more than four Scoters may be taken daily. Return to table 4 note c referrer Table 4 note d Not more than two Eiders (one female) may be taken daily. Return to table 4 note d referrer Table 4 note e Not more than eight Scoters may be possessed. Return to table 4 note e referrer Table 4 note f Not more than four Eiders may be possessed. Return to table 4 note f referrer Table 4 note g In Zone No. 1, up to three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily during the 15-day period beginning on the day after Labour Day. Return to table 4 note g referrer Table 4 note h In Zone No. 2, up to three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily during the 21-day period beginning on the day after Labour Day. Return to table 4 note h referrer

10 Table I of Part IV of Schedule I to the Regulations is replaced by the following:

TABLE I

Waterfowler Heritage Day and Open Seasons in New Brunswick

Item	Column 1 Area	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7
		Waterfowler Heritage Day			Open Season
		Ducks (Other than Harlequin Ducks) and Geese	Ducks (Other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters) and Snipe	Geese	Common and Red-breasted Mergansers, Long-tailed Ducks and Scoters	Eiders	Woodcock
1	Zone No. 1	Third Saturday of September	October 15 to January 14	For the period beginning on the day after Labour Day and ending on the Tuesday before the last Saturday in September October 15 to January 4	October 15 to January 4 February 1 to 24	November 6 to January 4	September 15 to November 30
2	Zone No. 2	Third Saturday of September	October 1 to December 31	For the period beginning on the day after Labour Day and ending on the Tuesday before the last Saturday in September October 1 to December 18	October 1 to December 31	November 2 to December 31	September 15 to November 30

11 Table II of Part IV of Schedule I to the Regulations is replaced by the following:

TABLE II

Bag and Possession Limits in New Brunswick

Item	Column 1 Limit	Column 2 Ducks (Other Than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)	Column 3 Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters	Column 4 Geese	Column 5 Woodcock	Column 6 Snipe
1	Daily Bag	6 table 6 note a	6 table 6 note c table 6 note d	5 table 6 note g	8	10
2	Possession	18 table 6 note b	12 table 6 note e table 6 note f	16	16	20
Table 6 note(s) Table 6 note a Not more than one may be Barrow’s Goldeneye. In Zone No. 1, during the period beginning on December 15 and ending on January 14, and in Zone No. 2, during the period beginning on December 1 and ending on December 31, not more than four may be American Black Ducks. Return to table 6 note a referrer Table 6 note b Not more than one may be Barrow’s Goldeneye. Return to table 6 note b referrer Table 6 note c Not more than four Scoters may be taken daily. Return to table 6 note c referrer Table 6 note d Not more than two Eiders (one female) may be taken daily. Return to table 6 note d referrer Table 6 note e Not more than eight Scoters may be possessed. Return to table 6 note e referrer Table 6 note f Not more than four Eiders may be possessed. Return to table 6 note f referrer Table 6 note g Up to three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily during the period beginning on the day after Labour Day and ending on the Tuesday before the last Saturday of September. Return to table 6 note g referrer

12 Note (c) of Table I of Part V of Schedule I to the Regulations is replaced by the following:

^c) In District E, the open season for Barrow’s and Common Goldeneyes closes on October 20 in Provincial Hunting Zone No. 21 and 100 m beyond this zone. In District F, the open season for Barrow’s and Common Goldeneyes closes on October 20 between Pointe Jureux (Saint-Irénée) and the Gros Cap à l’Aigle (Saint-Fidèle) from routes 362 and 138 to 2 km within Provincial Hunting Zone No. 21.

13 Section 4 after Table I of Part V of Schedule I to the Regulations is replaced by the following:

4 The open seasons set out in Table I.2 do not apply in respect of Snow Goose in that portion of the St. Lawrence River bounded on the northeast by a straight line joining Cap Brûlé in the County of Charlevoix and the west side of the mouth of the Trois-Saumons River in the County of l’Islet and bounded on the southwest by a straight line joining the east side of the mouth of the Sainte-Anne River in the County of Montmorency and the wharf at the Town of Berthier in the County of Montmagny except between the southern boundary of the north navigational channel and the northern boundary of the south navigational channel and exposed land within that portion of the St. Lawrence River.

14 The portion of Table II of Part V of Schedule I to the Regulations before the notes is replaced by the following:

TABLE II

Bag and Possession Limits in Quebec

Item	Column 1 Limit	Column 2 Ducks (Other than Harlequin Ducks) (Combined)	Column 3 Canada Geese and Cackling Geese (Combined)	Column 4 Snow Geese	Column 5 Other Geese (Combined)	Column 6 Coots and Gallinules (Combined)	Column 7 Woodcock	Column 8 Snipe	Column 9 Mourning Doves
1	Daily Bag	6 (a), (b), (f)	5 (d), (g)	20 (f)	5 (f)	4 (f)	8 (e), (f)	10 (f)	8 (f)
2	Possession	18 (c), (f)	No limit	No limit	15 (f)	12 (f)	24 (f)	30 (f)	24 (f)

15 Note (g) of Table II of Part V of Schedule I to the Regulations is replaced by the following:

• ^(g) During the period beginning on September 26 and ending on October 31, the daily bag limit is
  • ⁽ⁱ⁾ three birds in Districts A, C and the portion of District F that is west of Highway 15 and its northerly extension consisting of Route 117,
  • ⁽ⁱⁱ⁾ two birds in District D and the portion of District F that is east of Highway 15 and its northerly extension consisting of Route 117, and
  • ⁽ⁱⁱⁱ⁾ no change in Districts B, E, and G.

16 Table I of Part VI of Schedule I to the Regulations is replaced by the following:

TABLE I

Waterfowler Heritage Days and Open Seasons in Ontario

Item	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7
		Waterfowler Heritage Day			Open Season
	Area	Ducks (Other than Harlequin Ducks), Rails (Other than Yellow Rails and King Rails), Gallinules, Coots, Snipe, Geese, Woodcock and Mourning Doves	Ducks (Other than Harlequin Ducks), Rails (Other than Yellow Rails and King Rails), Gallinules, Coots and Snipe	Canada Geese and Cackling Geese	Geese (Other than Canada Geese and Cackling Geese)	Woodcock	Mourning Doves
1	Hudson-James Bay District	First Saturday of September table 8 note a	September 1 to December 16	September 1 to December 16	September 1 to December 16	September 15 to December 16	No open season
2	Northern District	First Saturday of September table 8 note a	September 10 to December 24	September 1 to December 16	September 1 to December 16	September 15 to December 16	No open season
3	Central District	Second Saturday of September table 8 note b	For a period of 106 days beginning on the third Saturday of September	September 1 to December 16	September 1 to December 16	September 15 to December 16	September 1 to November 30 table 8 note b
4	Southern District	Third Saturday of September table 8 note b	For a period of 106 days beginning on the fourth Saturday of September	For a period of 11 days beginning on the first Thursday after Labour Day table 8 note c For a period of 11 days beginning on the first Thursday after Labour Day, except for any Sunday within that period table 8 note d For a period of 96 days — 95 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September table 8 note c For a period of 106 days — 105 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September, except for any Sunday within that period table 8 note d	For a period of 96 days — 95 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September table 8 note c ,  table 8 note f For a period of 106 days — 105 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September except for any Sunday within that period table 8 note d ,  table 8 note f For a period of 8 days beginning on the fourth Saturday of February, except for any Sunday within that period table 8 note d ,  table 8 note e ,  table 8 note f ,  table 8 note g	September 15 to December 20 table 8 note h September 25 to December 20 table 8 note i	September 1 to November 30 table 8 note b
				For a period of 8 days beginning on the fourth Saturday of February, except for any Sunday within that period table 8 note d ,  table 8 note e
Table 8 note(s) Table 8 note a Except for the Mourning Dove. Return to table 8 note a referrer Table 8 note b Non-toxic shot required. Return to table 8 note b referrer Table 8 note c In municipalities where Sunday gun hunting is permitted by provincial regulations. Return to table 8 note c referrer Table 8 note d In municipalities where Sunday gun hunting is not permitted by provincial regulations. Return to table 8 note d referrer Table 8 note e Except in Wildlife Management Unit 94. Return to table 8 note e referrer Table 8 note f In Wildlife Management Unit 65, 66, 67 and 69B, recorded Snow Goose and Ross’s Goose calls may be used when hunting these geese; any species of migratory bird for which it is open season may be taken while hunting Snow Geese and Ross’s Geese with those calls. Return to table 8 note f referrer Table 8 note g Includes only Snow Geese and Ross’s Geese. Return to table 8 note g referrer Table 8 note h In Wildlife Management Units 60 to 67 and 69B. Return to table 8 note h referrer Table 8 note i In Wildlife Management Units 68, 69A and 70 to 95. Return to table 8 note i referrer

17 The portion of item 1 of Table I.2 of Part VI of Schedule I to the Regulations in column 1 is replaced by the following:

Item	Column 1 Area
1	Wildlife Management Units 65, 66, 67 and 69B

18 The heading of column 6 of Table II of Part VI of Schedule I to the English version of the Regulations is replaced by “Rails (Other than Yellow Rails and King Rails), Coots and Gallinules”.

19 The portion of item 2 of Table II of Part VI of Schedule I to the Regulations in column 6 is replaced by the following:

Item	Column 6 Rails (Other than Yellow Rails and King Rails), Coots and Gallinules
2	30

20 Notes (b) to (d) of Table II of Part VI of Schedule I to the Regulations are replaced by following:

• ^(b) Not more than one may be Barrow’s Goldeneye.
• ^(c) A total of not more than three Canada Geese or Cackling Geese, or any combination of them, may be taken daily in Wildlife Management Unit 94 in the period beginning on the fourth Saturday in September and ending on the last day of the open season.
• ^(d) A total of not more than three Canada Geese or Cackling Geese, or any combination of them, may be taken daily in Wildlife Management Units 65, 82, 84, 85 and 93 during the 35-day period beginning on the fourth Saturday of September.

21 Note (i) of Table II of Part VI of Schedule I to the Regulations is repealed.

22 The portion of Table I of Part VII of Schedule I to the Regulations before the note is replaced by the following:

TABLE I

Waterfowler Heritage Days and Open Seasons in Manitoba

Item	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7
		Waterfowler Heritage Days			Open Season
	Area	Ducks, Geese, Coots, Snipe and Sandhill Cranes	Ducks, Geese, Coots and Snipe Residents of Canada	Ducks, Canada Geese, Cackling Geese, White-fronted Geese, Brant, Coots and Snipe Non-Residents of Canada	Sandhill Cranes	Snow and Ross’s Geese Non-Residents of Canada	American Woodcock
1	Game Bird Hunting Zone No. 1	September 1 to September 7 (a)	September 1 to October 31 (a)	September 1 to October 31	September 1 to November 30	September 1 to October 31 (a)	No open season
2	Game Bird Hunting Zone No. 2	September 1 to September 7 (a)	September 1 to November 30 (a)	September 8 to November 30	September 1 to November 30	September 8 to November 30 (a)	No open season
3	Game Bird Hunting Zone No. 3	September 1 to September 7 (a)	September 1 to December 6 (a)	September 24 to December 6	September 1 to December 6	September 17 to December 6 (a)	September 8 to December 6
4	Game Bird Hunting Zone No. 4	September 1 to September 7 (a)	September 1 to December 6 (a)	September 24 to December 6	September 1 to December 6	September 17 to December 6 (a)	September 8 to December 6

23 Table I.2 of Part VII of Schedule I to the Regulations is replaced by the following:

TABLE I.2

Measures in Manitoba Concerning Overabundant Species

Item	Column 1 Area	Column 2 Period During Which Snow Geese and Ross’s Geese May Be Killed	Column 3 Period During Which Canada Geese May Be Killed	Column 4 Additional Hunting Method or Equipment
1	Game Bird Hunting Zone 1	April 1 to June 15 and August 15 to August 31		Recorded bird calls table 12 note a
2	Game Bird Hunting Zone 2	March 15 to May 31		Recorded bird calls table 12 note a
3	Game Bird Hunting Zone 3	March 15 to May 31	March 1 to March 31	Recorded bird calls table 12 note a
4	Game Bird Hunting Zone 4	March 15 to May 31	March 1 to March 31	Recorded bird calls table 12 note a
Table 12 note(s) Table 12 note a "Recorded bird calls" refers to bird calls of a species referred to in the headings of columns 2 and 3. Return to table 12 note a referrer

24 The portion of items 1 and 2 of Table II of Part VII of Schedule I to the Regulations in column 6 is replaced by the following:

Item	Column 6 Canada Geese, Cackling Geese, White-fronted Geese and Brant NON-RESIDENTS OF CANADA
1	5 (d), (e)
2	15 (f), (g)

25 Notes (d) and (e) of Table II of Part VII of Schedule I to the Regulations are replaced by the following:

• ^(d) In Game Bird Hunting Zone 1, the limit is eight.
• ^(e) Except during the period beginning on March 1 and ending on March 31, during which the limit is eight.
• ^(f) In Game Bird Hunting Zone 1, the limit is 24.
• ^(g) Except during the period beginning on March 1 and ending on March 31, during which the limit is 24.

26 Table I of Part VIII of Schedule I to the Regulations is amended by replacing “Waterfowler Heritage Day” with “Waterfowler Heritage Days”.

27 The portion of item 1 of Table I of Part VIII of Schedule I to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2	Column 3
	Waterfowler Heritage Days	Open Season
	Ducks, Geese, Coots, Snipe and Sandhill Cranes	Ducks, Geese, Coots, Snipe and Sandhill Cranes
1	Saturday, Sunday and Monday of Labour Day weekend (excluding any day in August) and of Thanksgiving weekend (b)	September 1 to December 16 (a), (b)

28 Note (c) of Table I of Part VIII of Schedule I to the Regulations is repealed.

29 Table II of Part VIII of Schedule I to the Regulations is replaced by the following:

TABLE II

Bag and Possession Limits in Saskatchewan

Item	Column 1 Limit	Column 2 Ducks	Column 3 Snow Geese and Ross’s Geese	Column 4 Canada Geese, Cackling Geese and White-fronted Geese	Column 5 Sandhill Cranes	Column 6 Coots	Column 7 Snipe
1	Daily Bag	8	20	8 table 15 note a	5	10	10
2	Possession	24	no limit	24 table 15 note b	15	30	30
Table 15 note(s) Table 15 note a Not more than five may be White-fronted Geese. Return to table 15 note a referrer Table 15 note b Not more than 15 may be White-fronted Geese. Return to table 15 note b referrer

30 Table I of Part IX of Schedule I to the Regulations is replaced by the following:

TABLE I

Waterfowler Heritage Days and Open Seasons in Alberta

Item	Column 1 Area	Column 2	Column 3
		Waterfowler Heritage Days	Open Season
		Ducks, Geese, Coots, Snipe and Sandhill Cranes table 16 note a	Ducks, Geese, Coots, Snipe and Sandhill Cranes table 16 note a
1	Zone No. 1	First weekend in September table 16 note b	September 1 to December 16 table 16 note b table 16 note c
2	Zone No. 2	First weekend in September table 16 note b	September 8 to December 21 table 16 note b table 16 note d
Table 16 note(s) Table 16 note a Only Provincial Wildlife Management Units 200, 202 to 204, 206, 208, 220, 222, 226, 228, 230, 232, 234, 236, 238, 240, 242, 244, 248, 250, 252, 254, 256, 258, 260 and 500 of Zone No. 1 and Provincial Wildlife Management Units 102, 104, 106, 112, 116, 118, 119, 124, 128, 130, 132, 134, 136, 138, 140, 142, 144, 148, 150 to 152, 156, 158, 160, 162 to 164, 166 and 210 in Zone No. 2 are included in the season for sandhill cranes. Return to table 16 note a referrer Table 16 note b Recorded Snow Goose and Ross’s Goose calls may be used when hunting Snow Geese and Ross’s Geese; any species of migratory birds for which it is open season may be taken while hunting Snow Geese and Ross’s Geese with those calls. Return to table 16 note b referrer Table 16 note c Falconry season open from September 1 to December 16. Return to table 16 note c referrer Table 16 note d Falconry season open from September 8 to December 21. Return to table 16 note d referrer

31 Paragraphs 1(a) to (h) after Table I of Part IX of Schedule I to the Regulations are replaced by the following:

• (a) Zone No. 1 means that part of Alberta included in Wildlife Management Units 200, 202 to 204, 206, 208, 216, 220 to 222, 224, 226, 228, 230, 232, 234, 236, 238, 240, 242, 244, 246, 248, 250, 252, 254, 256, 258, 260, 316, 318, 320, 322, 324, 326, 328, 330, 332, 334, 336 to 340, 342, 344, 346 to 360, 400, 402, 404, 406, 408, 410, 412, 414, 416 to 418, 420, 422, 426, 428 to 430, 432, 434, 436 to 442, 444 to 446, 500 to 512, 514 to 532, 534 to 537, 539 to 542, 544, 841 and 936; and
• (b) Zone No. 2 means that part of Alberta included in Wildlife Management Units 102, 104, 106, 108, 110, 112, 116, 118, 119, 124, 128, 130, 132, 134, 136, 138, 140, 142, 144, 148, 150 to 152, 156, 158, 160, 162 to 164, 166, 210, 212, 214, 300, 302 to 306, 308, 310, 312 and 314.

32 Table II of Part IX of Schedule I to the Regulations is replaced by the following:

TABLE II

Bag and Possession Limits in Alberta

Item	Column 1 Limit	Column 2 Ducks	Column 3 Snow Geese and Ross’s Geese	Column 4 Canada Geese, Cackling Geese and White-fronted Geese	Column 5 Coots	Column 6 Snipe	Column 7 Sandhill Cranes
1	Daily Bag	8 table 17 note a	50	8 table 17 note c	8	8	5
2	Possession	24 table 17 note b	no limit	24 table 17 note d	24	24	15
Table 17 note(s) Table 17 note a For non-residents of Canada, not more than two may be Barrow’s Goldeneye or Common Goldeneye or any combination of them. Return to table 17 note a referrer Table 17 note b For non-residents of Canada, not more than six may be Barrow’s Goldeneye or Common Goldeneye or any combination of them. Return to table 17 note b referrer Table 17 note c Not more than five may be White-fronted Geese. Return to table 17 note c referrer Table 17 note d Not more than 15 may be White-fronted Geese. Return to table 17 note d referrer

33 The portion of item 8 of Table I of Part X of Schedule I to the Regulations in columns 3 to 5 is replaced by the following:

Item	Column 3	Column 4	Column 5
		Open Season
	Ducks, Coots and Snipe	Snow Geese and Ross’s Geese	Other Geese
8	September 23 to January 5	September 23 to January 5	September 23 to January 5 (g) September 20 to November 28 (d) December 20 to January 5 (d) For the period of 18 days ending on March 10 (d)

34 The portion of Table II of Part XIII of Schedule I to the Regulations before the notes is replaced by the following:

TABLE II

Bag and Possession Limits in Nunavut

Item	Column 1 Limit	Column 2 Ducks Residents of Canada	Column 3 Ducks Non-Residents of Canada	Column 4 Canada Geese, Cackling Geese, White-fronted Geese and Brant Residents of Canada	Column 5 Canada Geese, Cackling Geese, White-fronted Geese and Brant Non-Residents of Canada	Column 6 Snow Geese and Ross’s Geese	Column 7 Coots	Column 8 Snipe Residents of Canada	Column 9 Snipe Non-Residents of Canada
1	Daily Bag	25 (a)	8 (a)	15 (c)	5 (e)	50	25	10	10
2	Possession	no limit (b)	24 (b)	no limit (d)	15 (d), (f)	no limit	no limit	no limit	30

35 Notes (f) and (g) of Table II of Part XIII of Schedule I to the Regulations are replaced by the following:

• ^(f) Not more than six may be White-fronted Geese. In that portion of the islands and waters of James Bay that are west of 80°15‘W longitude and south of 55°N latitude, there is no limit on Canada Geese and Cackling Geese.

Coming into Force

36 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The status of migratory game bird populations in Canada fluctuates over time. Both population decreases and increases can have a negative impact on wildlife, the environment and the health, safety and economy of human communities. Therefore, regular amendments to the Migratory Birds Regulations (MBRs or the Regulations) are needed to help ensure a sustainable harvest of migratory game bird populations. Amendments are also required to ensure that Canada is meeting its obligations under the Migratory Birds Convention.

Background

Canada and the United States share a commitment to work together to conserve migratory bird populations in North America. In 1916, Canada and the United States signed the Migratory Birds Convention, which Canada implements via the Migratory Birds Convention Act, 1994 (MBCA) and the MBRs. The objective of the Convention, Act, and Regulations is to conserve migratory birds through protection during their nesting season and travelling to and from their breeding grounds, and to manage migratory game bird hunting.

The Migratory Birds Convention Act, 1994 allows the hunting of migratory birds for a period not exceeding 107 days beginning no earlier than August 15 and ending no later than March 10 in any given calendar year. Within this period, season dates, daily bag and possession limits may be adjusted to manage the impact of hunting on migratory bird populations to ensure that hunting remains a sustainable activity, ensure the conservation of migratory birds and, ensure that conservation measures are adequately in place.

The hunting provisions of the MBRs are reviewed regularly to ensure hunting in Canada is at an appropriate and sustainable level for each migratory game bird species. Environment and Climate Change Canada (ECCC) evaluates the status of migratory game birds on an annual basis to ensure that the Regulations continue to support conservation objectives. Schedule I of the MBRs is amended biennially to adjust hunting season dates and the number of migratory game birds that may be taken and possessed during those dates. At any time, regulatory amendments can also be made on an urgent basis for conservation purposes, if necessary. These regulatory amendments are for the 2020–2021 and 2021–2022 hunting seasons.

As per Schedule II of the MBRs, migratory game bird hunters are required to purchase hunting permits annually. Canadian and international hunters can now purchase permits online. However, physical permits are still available for purchase at most Canada Post outlets and through some independent vendors.

Objective

The objective of these amendments is to help ensure the sustainable hunting of migratory game birds, as well as to mitigate negative impacts of overabundant species on wildlife, the environment, and the health, safety and economy for human communities, by modifying certain hunting season dates, daily bag limits and possession limits for the 2020–2021 and 2021–2022 hunting seasons. The amendments will also ensure Canada meets its obligations under the Migratory Birds Convention.

Description

These amendments adjust hunting season length, opening and closing season dates, daily bag limits and possession limits for the 2020–2021 and 2021–2022 hunting seasons to ensure migratory game bird hunting remains a sustainable activity in Canada. Management measures for overabundant species are also included in the amendments.

The American Black Duck International Harvest Strategy is designed to identify appropriate harvest levels for Black Ducks in Canada and the United States based on the breeding populations. The Strategy, which is collaboratively developed by Canada and the United States, was first implemented in 2013–2014 and consists of four pre-defined regulatory options in Canada and three in the United States. The Canadian options are liberal, moderate, restrictive and closed. Based on the breeding population size, Canada is continuing with a liberal regulatory regime, which allows for a 30% increase in the harvest rate over the 1997–2010 mean harvest rate. As a result, no changes are proposed to the Black Duck daily bag limit in the Maritimes, Quebec and Ontario.

The amendments for the 2020–2021 and 2021–2022 hunting seasons for each province and territory are as follows:

Newfoundland and Labrador

Simplification of hunting zones in Newfoundland

The hunting zones in Newfoundland, which are identified in the Regulations, have remained unchanged for more than 20 years. In an effort to simplify the Regulations, three of the current zones, Avalon-Burin, Northern and Southern Inland Zones, have been consolidated into a single zone, the Inland Zone. These changes are consistent with the changes to the hunting zones identified in provincial regulations.

Changes to Common and Red-Breasted Mergansers open season dates on the Island of Newfoundland

Opening season dates for Common and Red-breasted Mergansers are delayed by three weeks. The season will be open from October 10 to January 23 (formerly September 21 to December 28). This will increase hunting opportunities when these species are more commonly encountered. Harvest of both Merganser species is low relative to the population sizes; as a result, this amendment increases hunting opportunities without any negative impact on conservation.

Separation of bag and possession limits for Common and Red-Breasted Mergansers in Labrador

Currently in Labrador, the combined bag limits for Mergansers, Scoters and Eiders is 6. A separate bag limit of 6 for Common and Red-breasted Mergansers together has been set, and an additional 6 for Scoters and Eiders together. This results in a total of 12, where it is currently 6. This responds to a request by hunters and hunting organizations. The current number of hunters and levels of harvest are relatively low for these species in this jurisdiction. As a result, there are no anticipated conservation concerns associated with the changes in bag limits.

Prince Edward Island

No changes are proposed for Prince Edward Island.

Nova Scotia

Consolidating inland hunting zones

The hunting zones in Nova Scotia, which are identified in the Regulations, have remained unchanged since 2012. In an effort to simplify the regulations, 2 of the 3 existing hunting zones (Zone No. 2 and Zone No. 3) have been combined into a single zone (Zone No. 2). This change will simplify the Regulations for hunters with no effect on conservation and is consistent with the changes to the hunting zones identified in provincial regulations.

Impose harvest restrictions for Eiders in Nova Scotia

The length of the season has been decreased by 39 days for Eiders from November 9 to January 7 (formerly October 1 to January 7), in hunting Zone No. 1, and by 40 days from November 17 to January 15 (formerly October 8 to January 15), in hunting Zone No. 2.

Daily bag and possession limits have been reduced to not more than two Eiders (one female) taken daily and not more than four Eiders possessed.

New Brunswick

Impose harvest restrictions for Eiders

In New Brunswick, the hunting season for Eiders has been decreased by 46 days from November 6 to January 4 (formerly October 15 to January 4 and February 1 to February 24) and by 19 days from November 2 to December 31 (formerly October 1 to December 18) in Zone No. 2.

Daily bag and possession limits have been reduced to not more than two Eiders (one female) taken daily and not more than four Eiders possessed.

Quebec

Restrictions on the Atlantic population of Canada Geese

The daily bag limit for the Atlantic population (AP) of Canada Geese has been reduced during peak migration in response to concerns over recent declines in the number of breeding AP Canada Geese. As per the current AP Canada Goose Harvest Strategy, a restrictive harvest strategy is implemented in Canada and the United States when the three-year average number of breeding geese is below 150 000 pairs. Currently, the last three-year average is 130 971 breeding pairs.

The daily limit has been reduced between September 26 and October 31 inclusively as follows:

• The daily limit has been reduced by two birds, from five birds to three birds per day for District A, District C and District F west of Highway 117 and Highway 15. For geese from Ungava Bay, the daily limit has been reduced by three birds, from five birds to two birds per day in District D and District F east of Highway 117 and Highway 15.

Ontario

Harmonize possession limits for migratory game birds across Ontario

Possession limit restrictions have been standardized for all migratory game birds in Ontario, except any species at risk. As such, this change standardizes possession limits to three times the daily bag. In that respect, possession limits for American Black Duck have been increased from 6 to 18 ducks in the Southern District and from 12 to 18 in the other Districts. Possession limits for gallinules and coots have been increased from 12 to 30 and from 24 to 30 birds respectively. Currently, the only species at risk in Ontario with an open hunting season is Barrow’s Goldeneye and, therefore, the possession limit restriction (one bird) will still apply as a precautionary measure. This change simplifies the Regulations for hunters with no effect on the conservation of migratory game birds.

Increase harvest of Snow Geese and Ross’ Geese in the southern hunting district

The harvest of Snow Geese and Ross’ Geese will be allowed during the late February–early March hunting season for Canada Geese and Cackling Geese only in those municipalities where Sunday hunting is not permitted by provincial regulations (excluding Wildlife Management Unit 94).

The geographic coverage of the spring conservation season (i.e. March 1 to May 31) has been expanded to include farmlands in the following Wildlife Management Units (WMU) in the Southern Hunting District, namely, 66, 67 and 69B, in addition to 65.

Increase opportunity to harvest Canada Geese in Wildlife Management Unit 94 in the southern hunting district

The daily bag limit for Canada Geese and Cackling Geese has been increased from two to three birds in WMU 94 during the regular goose hunting season. This change standardizes the daily bag limit restriction (i.e. three geese per day) with adjacent WMUs in Ontario and surrounding Great Lakes States.

Administrative change to open season dates for Canada Geese and Cackling Geese across Ontario

The standard daily bag limit for Canada Geese and Cackling Geese is five birds; however, there are restrictions in some areas to these standard daily bag limits, at certain times during the open season.

Because these restrictions currently start from a generic date (e.g. fourth Saturday in September) and end on a fixed date (e.g. October 31), the season length varies from one year to another. The dates have been standardized to 35 days starting from the opening day of the regular Canada Geese/Cackling Geese hunting season. This change simplifies the Regulations and makes the season length more predictable from year to year for hunters. This change affects the daily bag limit restriction dates in Wildlife Management Units 82, 84, 85, 93 as well as 65 (new for the 2020–2021 and 2021–2022 hunting seasons).

Restrictions on the Atlantic population of Canada Geese in Wildlife Management Unit 65 in the southern hunting district

The daily bag limit for the Atlantic Population (AP) of Canada Geese has been decreased from five to three birds per day during peak migration in response to concerns over recent declines in the number of breeding AP Canada Geese. To standardize the three bird daily bag limit restriction dates across Ontario (see above), the daily bag limit restriction will begin on the fourth Saturday of September (opening day for the regular goose hunting season) and continue for 35 days.

Harmonize open season dates among Goose aggregates in the northern and central hunting districts

The hunting season will open for all geese in the Northern and Central Hunting Districts on September 1 and close on December 16. Currently, the hunting season for Canada Geese and Cackling Geese opens earlier than the season for other geese, such as Snow Geese and Ross’ Geese, which opens at the same time as ducks, rails and snipe on September 10. As such, this change will provide hunters with an opportunity to harvest these species during the Canada Geese/Cackling Geese hunting season and simplifies the Regulations.

Manitoba

Designation of temperate-breeding Canada Geese as overabundant

Temperate-breeding Canada Geese (Branta canadensis) have been designated as overabundant in the southern part of Manitoba (game bird hunting Zones 3 and 4). As such, a special season in spring has been established, beginning in 2021 and the use of recorded bird calls (Canada geese) are allowed during this time.

Saskatchewan

Removing exception for bag and possession limit on Northern Pintail harvest

Previously, there was a combined daily bag limit of 8 ducks and a combined possession limit of 24. However, there had been an exception for Northern Pintails, indicating that for the daily bag limit, no more than four could be Northern Pintails and for the possession limit, no more than 12 could be Northern Pintail.

Recent studies suggest that factors other than harvest were responsible for historical declines in Pintail numbers, and that reduced bag limits were not effective in increasing survival rates. At the same time, ducks can be difficult to identify early in the hunting season in Canada because male ducks are still in drab eclipse plumage. Therefore, the exception for Northern Pintails has been removed in order to simplify the Regulations and is not expected to increase harvest significantly.

Open Last Mountain Lake National Wildlife area to Sandhill Crane hunting

Sandhill Crane hunting will now be opened in the Last Mountain Lake National Wildlife Area. This change will make hunting of migratory game birds in Last Mountain Lake National Wildlife Area consistent with other areas in Saskatchewan where the hunting of migratory game birds is permitted, including most other National Wildlife Areas in Saskatchewan.

Alberta

Simplify hunting zones in Alberta

The number of hunting zones has been reduced from eight to two. Zones 1, 2, 3, 4 and 8 have been changed to Zone 1. Zones 5, 6, 7 will be changed to Zone 2.

Removing exception for bag and possession limit on Northern Pintail harvest

Similar to Saskatchewan, restrictions on bag limits for Northern Pintail have been removed. The daily bag and the possession limits have been increased from 4 to 8 ducks and 12 and 24 ducks respectively.

Establish a Sandhill Crane season in Alberta

A hunting season for Sandhill Crane has been newly established with a daily bag limit of 5 and a possession limit of 15 from September 1 to December 16 in the southern part of the province. Hunting seasons for Sandhill Crane already existed in Saskatchewan and Manitoba, as well as many U.S. states. The population has shown a long-term increasing trend and is currently well above management objectives. The opening of a hunting season for Sandhill Crane in Alberta has been repeatedly requested by hunters as well as Alberta agricultural producers, as they are experiencing crop damage as a result of the increasing population of Sandhill Cranes. This initiative is supported by the Government of Alberta. This will provide hunters with a new hunting opportunity and agricultural producers with a mechanism for dealing with crop damage caused by Sandhill Cranes. The harvest will be closely monitored and it is expected that the daily bag and possession limits imposed will ensure a sustainable level of harvest in Alberta.

British Columbia

Opening date delayed by 11 days in District 8

The hunting season dates for ducks, Snow Geese, Ross’ Geese and White-fronted Geese has been shifted, from September 12 to December 25, to September 23 to January 5 in hunting District 8. This will provide more hunting opportunities when these species are most plentiful in the Okanagan.

Yukon and Northwest Territories

No regulatory changes were made for the 2020–2021 and 2021–2022 hunting seasons for the Yukon or the Northwest Territories.

Nunavut

Increase in possession limits for Ducks, Geese and Snipe for non-residents

The possession limit for ducks, Canada Geese, Cackling Geese and Brant has been increased for non-residents from twice the daily bag limit to three times the daily bag limit. This represents an increase from 16 to 24 for ducks, and from 10 to 15 for Canada Geese, Cackling Geese, White-fronted Geese and Brant in aggregate, of which previously, not more than 6 could be White-fronted Geese (up from 4). The objective of these changes is to establish consistency with surrounding Provinces (Manitoba, Ontario and Quebec).

Increase in daily bag limits for Snow Geese and Ross’ Geese in James Bay

The daily bag limit for Snow Geese and Ross’ Geese has been increased from 20 to 50 across Nunavut. The daily bag limit of Snow Geese and Ross’ Geese in the portion of the islands and waters of James Bay that are south of 55°N latitude was previously restricted to 20, whereas elsewhere in the Territory and adjacent jurisdictions (Ontario and Manitoba) the limit is 50.

Standing Joint Committee for the Scrutiny of Regulations

In 2019, an inconsistency in the Regulations, identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), has been addressed through these amendments. It relates to the location of signs that must be placed when bait is used to attract birds for scientific purposes (e.g. for banding in order to track and monitor species). The SJCSR noted that subsection 14(1) prohibits hunting within 400 m of any place where bait has been deposited. Subsection 14(5.1) then required that signs be posted within 400 m where bait has been deposited to indicate that hunting is prohibited.

The SJCSR noted that the way subsection 14(5.1) was previously written implied that signs could be placed anywhere inside the 400 m radius, while the way subsection 14(1) was previously written suggested that the intent was that the signs be placed at the limit of the 400 m radius.

Upon reviewing these provisions, it was concluded that much of the scientific banding, for which the bait is being deposited, occurs outside of the open hunting seasons and often in areas where hunting for migratory game birds would not occur. Moreover, in many cases, the bait being used is specific enough and would not attract not-targeted migratory game birds. As such, this was deemed not to be a conservation concern, and so the 400 m prohibition has been removed and the Regulations now allow hunting near bait when bait is deposited for scientific purposes. The amendments also clarify that a sign is required at the bait location.

Administrative amendments

The following administrative amendments have also been introduced:

• Formatting adjustments in Table I for Yukon in the English version.
• Wording change in the French version for Quebec of the footnote to make it more explicit. Change “est interdite à partir du 21 octobre” by “se termine le 20 octobre.” Wording change in the English version in order to align with the French version.
• Reorganization of Table II for Quebec by splitting column 3 in two columns (3 and 5) and modification of the footnote accordingly.
• Addition of column 5 including Geese (other than Canada Geese and Cackling Geese) and the corresponding open season dates for Ontario. Modification and renumbering footnotes (deletion of footnote (c) and addition of footnote (f)).
• Deletion of footnote (g) in Nunavut.
• Deletion of Zone No. 3 and reformatting of Table I accordingly for Nova Scotia. Modification of footnotes of Table II to reflect increasing daily bag possession restrictions for Eiders and Scoters.
• Reorganization of Table I for Newfoundland by splitting column 3 in two columns (3 and 4) and addition of the corresponding open season dates. Fusion of the three Newfoundland inland zones into one named Newfoundland Inland Zone.
• Addition of column 6 in Table I and modification of footnotes so as to reflect restriction on Eider harvest dates and possession limits in New Brunswick.
• Deletion of column 8, including Canada Geese and Cackling Geese open season and addition of column 3 in the overabundant section (Table I.2) to report the March 1–31 hunting season for these species in Manitoba.
• The number of hunting zones in Alberta is reduced from eight to two. Zones 1, 2, 3, 4 and 8 are changed to Zone 1. Zones 5, 6, 7 will be changed to Zone 2. Footnotes are changed to reflect the lift of restriction on Northern Pintails.
• The prohibition on hunting at a site that has been baited in order to band birds is removed from the Regulations and the amendments also clarify that a sign is required at the bait location.

Regulatory development

Consultation

ECCC has a formal consultation process that is used to determine hunting season dates and the number of migratory game birds that may be taken and possessed during those dates. The Regulations are reviewed biennially by ECCC with input from provinces and territories and a range of other stakeholders.

The consultation process for the 2020–2021 and 2021–2022 hunting seasons began in late summer / early fall 2019 when biological information on the status of migratory game bird populations was available. The information is presented in the report entitled Population Status of Migratory Game Birds in Canada – November 2019.

Biologists from ECCC met with their provincial and territorial counterparts in technical committees to review new information on the status of migratory game bird populations and, where necessary, to discuss proposals for regulatory changes. The work of the technical committees, as well as information received from migratory game bird hunters and nongovernment organizations, led to the development of these specific regulatory amendments, and represent the consensus reached between ECCC and the provinces and territories. The proposals were described in detail in the report entitled Proposals to amend the Canadian Migratory Birds Regulations – December 2019. This document was posted online on January 22, 2020, and ECCC conducted a formal public consultation between January 18 and February 16, 2020.

As well as being posted online, the consultation document and the 2019 Status on Migratory Game Birds Population report were distributed directly to federal biologists in Canada, the United States, Mexico, the Caribbean, Greenland and St. Pierre and Miquelon, provincial and territorial biologists, individual migratory game bird hunters and Indigenous groups. The documents were also distributed to many national and provincial hunter and outfitter organizations as well as other non-governmental organizations interested in migratory bird conservation including Ducks Unlimited Canada, Delta Waterfowl, the Ontario Federation of Anglers and Hunters, the Fédération québécoise des chasseurs et pêcheurs, the Canadian Wildlife Federation, Nature Canada and Animal Alliance of Canada, among others. Overall, over 400 stakeholders and 100 Indigenous organizations received the consultation document and the 2019 Status on Migratory Game Birds Population report.

A Notice of Intent was also published in the Canada Gazette, Part I, on January 18, 2020, indicating that ECCC was proposing to modify the Migratory Birds Regulations in accordance with the proposals outlined in the report Proposals to Amend the Canadian Migratory Birds Regulations – December 2019.

During the public consultation period between January 18 and February 16, 2020, ECCC received more than 160 comments. Comments were submitted by national and provincial hunting and conservation organizations, Indigenous Nations, hunters and individuals interested in migratory bird conservation. In general, comments were supportive of the proposed changes to the MBRs for the next two hunting seasons. However, the proposal to establish a hunting season for Sandhill Crane in Alberta received mixed comments.

They also offered, as well as provincial hunter organizations, some suggestions for the next round of amendments to the MBRs. Those suggestions will be carefully examined and considered by ECCC and discussed at the next regional waterfowl stakeholder meetings.

The following is a general overview of the stakeholder comments received, outlined on a regional basis:

Maritimes, Ontario and Quebec

One hunting organization indicated their support of the American Black Duck International Harvest Strategy as they were in favour of the addition of hunting opportunities. However, a local hunting organization indicated their opposition, suggesting that a liberal regime will hurt declining populations of American Black Ducks and Mallards.

The American Black Duck population has been relatively stable since the 1990s. The most recent results from the Black Duck population model indicate that at the current level of hunting, harvest is not affecting annual Black Duck survival at the population level. If liberalization of the hunting regulations in the United States or Canada causes the population to decline, those signals will be detected through annual monitoring programs and appropriate regulatory changes will be made to ensure that Black Duck harvest remains sustainable over the long term.

Newfoundland and Labrador

Two provincial hunting organizations expressed their support for the proposed changes regarding mergansers.

Nova Scotia and New Brunswick

A provincial hunting organization expressed its support for the proposed harvest restrictions on Eiders. However, one hunter did not agree with the scientific data and rather suggested that the breeding population of Eiders is not declining.

The decline in Eider population has been observed during both the winter population surveys and the colonies monitoring programs. The population decline has also been further substantiated by hunters and hunting outfitters in the region. The exact cause for the observed declines has not been identified yet but investigation is under way. The amendments were introduced as a precautionary measure and developed with input from hunting organizations.

Quebec

One hunter expressed concern regarding the proposal to restrict the harvest of the Atlantic population of Canada Geese. The hunter questioned whether hunting is an effective tool for managing populations, and that the reduction in hunting opportunities that would come from this change would discourage people from taking up hunting as a sport.

The amendment aims to protect the Atlantic population of Canada goose, which nests in the Ungava Peninsula in northern Quebec. The restriction would be effective in October only when the Atlantic population migrates through the province. It has been demonstrated that mortality by hunting has a significant effect on the size of the breeding population. Indeed, in 1995, hunting was closed in response to a significant decline in the population.

Following this temporary closure, the population increased to the 1980s level, and above in early 2000 and remained relatively stable until the 2010s. Surveys during the nesting seasons have shown that the survival rate of adults has been decreasing since 2010, while the harvest rate of adults and young has increased during the same period, and population decreases have been observed. This information indicates that measures are necessary to maintain the population. In Quebec and Ontario as well as in the United States, regulatory measures are being implemented to restrict harvest to ensure sustainability of the population and avoid a complete closure of hunting seasons.

Ontario

The largest provincial hunting organization as well as a national hunting organization supported all Ontario proposals, citing a range of benefits for each change that included the simplification of regulations, increased hunting opportunities, and increased ability to manage overabundant species. Both organizations supported the increased harvest of Canada Geese in WMU 94 (from two to three geese in the daily bag limit). The provincial hunting organization, however, questioned whether the effect of increasing the daily bag limit to three was appropriately modelled, and noted that they hoped the change was not only made to simplify the administration of these regulations. Finally, both organizations reiterated their request for the creation of a Sandhill Crane hunting season in Ontario.

During the Ontario Waterfowl Advisory Committee meetings with stakeholders in 2018 and 2019, ECCC discussed the possibility of increasing the daily bag limit of Canada Geese in southern Ontario from two to three in WMU 94. Members agreed. The increase in daily bag limits from two to three was also consistent with those in adjacent jurisdictions in the United States (as per the Mississippi Flyway Canada Goose Management Plan) and with the daily bag limit of Canada Geese during restricted periods in other WMUs in Ontario. The banding of temperate-breeding Canada Geese in WMU 94 has been increased over the last few years to improve the monitoring of Goose harvest in this WMU and across the province to inform the Canada Goose hunting regulations in the future.

With respect to the request for a mid-continent Sandhill Crane hunting season, ECCC carefully considered this request and it was determined that further consideration and discussions would be needed. As such, future discussions will occur with the province and stakeholders.

Manitoba

A large national hunting organization and two individuals were supportive of the designation of the temperate-breeding Canada Geese as overabundant in southern Manitoba, as this would benefit agricultural producers.

Saskatchewan and Alberta

A large national hunting organization supported the increase of bag and possession limits for Northern Pintail, indicating that this would increase hunting opportunities while aligning with regulations already in place in Manitoba. However, a conservation organization was opposed to this change, suggesting that it is premature to increase bag and possession limits without understanding the cause of the decline and lack of recovery. The organization went on to say that restrictions did not seem to affect hunters in Saskatchewan and increasing again will probably not increase hunter participation.

Historically, major declines of Northern Pintail populations have not been related to declines in juvenile or adult survival rates (Rice et al. 2010, Bartzen and Dufour 2017). ^{footnote 2, footnote 3} Over a 55-year period, Bartzen and Dufour (2017) found no evidence that harvest mortality of Northern Pintails from Prairie Canada was substantially additive to non-harvest mortality. Furthermore, there was no increase in harvest rates in the 2018–2019 hunting season that coincided with the decrease in population of Northern Pintails in the spring of 2019.

In all likelihood, the decline of Northern Pintails in Prairie Canada observed in 2019 was related to dry habitat conditions; this is further supported by an increase in Northern Pintails in parts of the U.S. prairies that were exceptionally wet. Although a slight increase in harvest of Northern Pintails, approximately 5%, is predicted for Saskatchewan and Alberta with removal of the bag limit restriction for Northern Pintails, the increase is estimated to be negligible at the continental level. Although removing this restriction may not increase hunter participation rates, it would eliminate a regulatory requirement that has no demonstrated conservation benefit but potentially deters and penalizes hunters who have difficulty identifying ducks early in hunting season. Harvest estimates from Canada’s National Harvest Survey, harvest and survival rates derived from banding efforts, and population abundance from the Waterfowl Breeding Population and Habitat Survey will all be closely monitored for potential effects of this regulatory change and changes to bag limits will be made if warranted. However, risks to the population from this proposed change to bag limits are low.

Alberta

The majority of all comments received (80%) was directly related to the proposed establishment of a Sandhill Crane season in Alberta. Of those who commented on this proposal, 40% were in favour. Those in favour include provincial and national hunting organizations. They cited multiple benefits, including economic benefits for Alberta’s wildlife through increased spending on licences, potential for increased tourism and therefore boosts to local economies, and more hunting opportunities. Some noted that this species can be easily distinguished from other similarly sized species like the Whooping Crane, as has been demonstrated by hunters in other provinces in which a Sandhill Crane hunt has already been established. Some individuals expressed their disappointment about the fact that northern portion of the province was excluded from the hunt.

With respect to the 60% who were not supportive of the proposal, these were mostly environmental non-governmental organizations and individuals. The most common concerns were related to hunters possibly mistaking the endangered Whooping Crane for Sandhill Crane, and a perspective that the species is a beautiful, iconic prairie bird. Other concerns included the fact that the Sandhill Crane population is already facing pressures through habitat loss and climate change; and that given the slow reproduction time, the addition of hunting pressures could cause population declines. Others questioned the scientific evidence that supports the sustainability of this hunt or indicated that the species was not now, nor likely to be in the future, overpopulating the province, so there was no reason to initiate a hunt. Many contributors suggest that there are already enough hunting opportunities. The impact of the United States rescinding the protection of migratory birds from incidental take was also mentioned as a potential threat to the species in the comments received.

The new hunting season for Sandhill Cranes in Alberta is consistent with guidelines described in the most recent management plan for the mid-continent population of Sandhill Cranes (Central Flyway Council 2018). ^{footnote 4} The three-year average spring index of this population was 840 000 birds in 2019, well above the management objective of 350 000–475 000 cranes. Addition of a hunting season in some portions of Alberta is expected to add less than 5% to the continental harvest (roughly equivalent to the harvest in Manitoba). The population trends and harvest will continue to be monitored closely to ensure that any additional harvest is sustainable.

The hunting area for the new hunting season of Sandhill Cranes within Alberta was intentionally conservative and chosen to avoid overlap with migrating Whooping Cranes. Although occurrence of Whooping Cranes within the hunting area is possible, recent research shows it is rare (Pearce et al. 2018). ^{footnote 5} In contrast, Sandhill Cranes are more likely to overlap with Whooping cranes in areas to the north, particularly in northeastern Alberta. Although the risk to both populations is believed to be low, caution will be used until some experience is gained with Sandhill Crane hunting seasons in Alberta, and additional supporting data are available. Descriptions of Whooping Cranes will be included in the provincial hunting summaries, along with instructions for differentiating them from Snow Geese and Sandhill Cranes. Sandhill Crane hunting has occurred in Saskatchewan for many years without any detrimental effects to Whooping Crane populations, even though migration routes of the two species overlap throughout much of the province.

Three individuals, including a hunter, commented on the proposal to simplify hunting zones in Alberta. Two individuals expressed support for the change, indicating the simplification should increase clarity in the Regulations concerning bag limits and open season dates reduce confusion. The individual that was opposed to the change stated that reducing the number of zones from eight to two will not result in a material simplification, as hunters will still need to consult the Regulations specific to their desired zone. This individual also argues that precise changes in hunting regulations will be more difficult to implement in the future as a result.

Essentially, provincial hunting regulations have been operating on a two-zone format for many years. The northern zone, which includes Zones 1, 2, 3, 4 and 8, opens September 1 and the southern zone, which includes Zones 5, 6 and 7, opens a week later. Bag and possession limits are identical in northern and southern zones. The province lists hunting seasons in their regulations by Provincial Wildlife Management Unit (PWMU), so this change will not affect hunting seasons in any way. The amendment will simplify migratory game bird hunting requirements for hunters in Alberta.

Given the extensive consultations undertaken, including the issuance of a Notice of Intent in the Canada Gazette, Part I, these amendments were not prepublished in the Canada Gazette, Part I. This exemption has been granted in past years due to the extensive consultation process carried out by ECCC in the development of the amendments to the season dates and harvest limits.

Modern treaty obligations and Indigenous engagement and consultation

To ensure that these amendments have been developed and will be implemented in a way that respects and complies with modern treaties and the rights of modern treaty partners, an assessment of modern treaty implications (AMTI) has been conducted.

The results of the AMTI are as follows:

These regulatory amendments apply only to hunters who are required to possess a hunting permit, which does not include Indigenous peoples with either Aboriginal or treaty rights.

The Parksville Protocol, which is incorporated into the MBCA, provides that, subject to existing Aboriginal and treaty rights of the Aboriginal peoples of Canada, migratory birds may be harvested throughout the year by Aboriginal peoples of Canada. Nothing in the MBCA or the Regulations should be construed so as to abrogate or derogate from any existing Aboriginal or treaty rights under section 35 of the Constitution Act, 1982. As a result, by ensuring the abundance of the resource, amending the MBRs for hunting purposes will have a positive impact on Indigenous peoples’ ability to exercise their Aboriginal or treaty rights.

The AMTI examined the geographical scope and subject matter of the initiative. The amendments will have effect in all modern treaty areas, as they are national in scope. These amendments deal with migratory bird harvesting, which is a right affirmed in various modern treaties. However, because these amendments deal with quota limits and other regulatory measures for non-Indigenous harvesters, and because the MBCA and Regulations are constructed so as to not derogate or abrogate from Aboriginal and treaty rights, the AMTI did not identify any modern treaty implications or obligations.

Instrument choice

Article II of the Migratory Birds Convention requires that, as an effective means of preserving migratory birds, the Governments of Canada and the United States establish hunting seasons. It has been determined that other instruments, such as voluntary codes or guidelines, would not allow Canada to meet this obligation. Regulation with enforceable penalties is the only instrument that would allow Canada to use the establishment of hunting seasons as an effective means of preserving migratory birds. Moreover, section 5 of the MBCA prohibits the possession of a migratory bird, except as authorized by the Regulations. In order to allow the possession of hunted migratory birds, ECCC must regulate and cannot make use of other non-regulatory instruments. Subsection 12(1) of the MBCA provides the authority to amend the Regulations for possession limits as well as for season dates and daily bag limits.

Regulatory analysis

Benefits and costs

Hunting of migratory game birds continues to provide substantial social, environmental and economic benefits to communities across the country. These benefits to Canadians result from both hunting and non-hunting uses of migratory birds. The economic benefits of hunting are considerable: according to the 2012 Canadian Nature Survey, the total expenditures related to hunting and trapping in Canada were $1.8 billion dollars, including hunting waterfowl ($327 million) and other game birds ($312 million).

By controlling overabundant species, these amendments will help to reduce economic losses due to crop damage and ensure that these benefits are sustained into the future. Risks including environmental risks associated with increasing harvest of overabundant species by hunters are minimal, while the costs of not intervening could be considerable. For example, in 2017, there were 1 754 waterfowl-related claims resulting in $13.4 million in compensation paid by the Government of Saskatchewan. ^{footnote 6} In the same year in Manitoba, the provincial government estimates that approximately $624,000 in compensation was paid as part of its Wildlife Damage Compensation Program for crop damage caused by waterfowl. ^{footnote 7}

Given that many of these amendments increase the hunting season or daily bag and/or possession limits, there is a benefit for Canadian hunters, outfitters and other stakeholders that enjoy hunting in Canada. Such benefits were not monetized as they are expected to be of low magnitude.

In the case of overabundant species, the regulatory amendments will also help preserve habitat and sensitive ecosystems from potential destruction by overuse by these populations. A sustainable harvest of migratory game birds will help to protect the entire ecosystem, which depends on balanced and healthy bird populations.

The anticipated incremental costs to the Government of Canada as a result of these amendments is approximately $30,000 for compliance promotion, and to publish and distribute the hunting regulation summaries.

Due to the increased length of some hunting seasons, additional enforcement resources may be required in some regions/territory; however, they are expected to be minor. There are no new costs related to the production, distribution and issuance of the permits.

There are no other anticipated costs to businesses, consumers or other Canadians.

Small business lens

The amendments to Schedule I of the MBR apply to individual hunters and not to businesses, as they set out the daily bag and possession limits as well as hunting season dates for migratory game birds. As such, there are no compliance costs and no administrative costs for small businesses as a result of these amendments. The amendments do not impose any obligations or requirements on small businesses. The extensive consultation process undertaken for these amendments further validated that there are no anticipated impacts on small businesses.

One-for-one rule

The amendments do not impose any incremental administrative costs on Canadian businesses, as they do not impose any new obligations or requirements. It is important to note that there is no commercial harvest of migratory birds in Canada; and that the Regulations do not impose any direct administrative burden on outfitters. Hunters alone are responsible for understanding and complying with the Regulations. As such, the one-for-one rule does not apply.

Regulatory cooperation and alignment

As outlined above, these amendments were developed in close collaboration with the United States and the provincial and territorial governments. They will promote regulatory alignment with these jurisdictions, which share responsibility with Canada for the management of migratory birds. These amendments are also in line with Canada’s obligations under the international Migratory Birds Convention.

Strategic environmental assessment

A strategic environmental assessment was conducted in respect of these amendments. It was determined that they will have positive environmental effects and will contribute to several Federal Sustainable Development Strategy (FSDS) goals and environment focused 2030 Agenda for Sustainable Development Goals (SDGs) of the United Nations, including notably:

• Heathy wildlife populations: by enabling species population control that will reduce stress from those overabundant species toward other less abundant or at-risk species competing for the same space. The Regulations will also contribute to SDG 15 Life on land.
• Healthy coast and oceans: (i) by ensuring that coasts and oceans are able to support healthy, resilient and productive ecosystems; (ii) by maintaining sustainable fishing bird populations in regard to the fish resources and habitat degradation. The proposal will also contribute to SDG 14: Life below water.
• Pristine lakes and rivers: (i) by ensuring that clean and healthy lakes and rivers support economic prosperity and the well-being of Canadians; (ii) by controlling overabundant bird species that can contaminate lakes and drinkable source of water through feces or by carrying invasive algae in their feathers. The proposal will also contribute to SDG 6: Clean water and sanitation.
• Sustainably managed lands and forests: by ensuring that lands and forests support biodiversity and provide a variety of ecosystem services for generations to come.

Gender-based analysis plus

A gender-based analysis plus (GBA+) was performed for these amendments, to evaluate whether sex, gender, age, ethnicity, sexual orientation, income, education, employment status, language, visible minority status, disability or religion could influence how a person is impacted by the changes.

Based on a study prepared by Research Resolutions & Consulting Ltd. for Tourism Northern Ontario, it was found that almost all hunters are men (87%). ^{footnote 8} Among tourists, there is evidence that hunting trips across Canada are predominantly undertaken by men. Female hunters were found to be more prominent in the Atlantic Provinces and Ontario than elsewhere. Compared to elsewhere, the Alberta, British Columbia and the Atlantic region were found to attract the youngest hunters in the country. In these areas, 18% of hunters are below 25 years old. In the Prairies, the most represented age group was 25–34 year olds, representing a third of the hunters in this region. In Quebec and Ontario, over 50% of hunters are within the age category of 35–54 years old.

These amendments were developed based on input from a broad range of stakeholder groups, including Indigenous and women’s groups (through provincial initiatives), and are expected to contribute to substantial social, environmental and economic benefits to communities across the country. While these amendments would be beneficial to all Canadians, it is possible that men may be positively impacted in particular.

As a result of this analysis, it was determined that the amendments are not expected to have any negative impacts on any particular group on the basis of gender and other identity factors such as race, culture, religion, sexual orientation, age, mental or physical disability, and income.

Implementation, compliance and enforcement, and service standards

ECCC has developed a compliance strategy for the amendments to Schedule I of the MBRs. Compliance with the amendments will be promoted to hunters via the publication of regulatory summary brochures, outlining the season dates, and the daily bag and possession limits for each of the 2020–2021 and 2021–2022 hunting seasons. The regulatory summary brochures are distributed at the point of sale of migratory game bird hunting permits, posted on the Canada.ca website, and are available for downloading when hunters purchase their permits online.

Amendments to the fine regime, enforcement and sentencing provisions of the MBCA and the Designation of Regulatory Provisions for the Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations came into force on July 12, 2017. The new fine regime will be applied by courts following a conviction pursuant to the MBCA or the Regulations. Designated offences, which involve direct harm or risk of harm to the environment, or obstruction of authority, are subject to the regime of minimum and higher maximum fines, in order to ensure that fines reflect the seriousness of offences under the MBCA. For example, the fine range associated with a designated offence for an individual on summary conviction is no less than $5,000 and no more than $300,000, or imprisonment for a term of not more than six months, or both. Fines are doubled for second or subsequent offences.

In addition, the Environmental Violations Administrative Monetary Penalties Regulations (AMPs Regulations) came into force on June 2, 2017. Administrative monetary penalties (AMPs) will be available to game officers to enforce designated violations of the MBCA and its associated regulations. An AMP is a financial disincentive to non-compliance and provides an additional tool for officers, to supplement existing enforcement measures. The amount of a single AMP cannot exceed $5,000 in the case of an individual, or $25,000 in the case of a person other than an individual.

More information about the AMPs regime can be found on the Canada.ca website and in its Policy Framework to implement the Environmental Violations Administrative Monetary Penalties Act.

Departmental enforcement officers and provincial and territorial conservation officers enforce the MBRs by, for example, patrolling hunting areas and verifying compliance of hunters with regard to permits, hunting equipment, daily bag and possession limits.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819‑938‑4105
Email: ec.ReglementsFaune-WildlifeRegulations.ec@canada.ca