Regulations Amending the Wildlife Area Regulations and Other Department of the Environment Regulations: SOR/2020-256

Canada Gazette, Part II, Volume 154, Number 25

Registration
SOR/2020-256 November 30, 2020

CANADA WILDLIFE ACT
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT

P.C. 2020-961 November 27, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Regulations Amending the Wildlife Area Regulations and Other Department of the Environment Regulations pursuant to

Regulations Amending the Wildlife Area Regulations and Other Department of the Environment Regulations

Canada Wildlife Act

Wildlife Area Regulations

1 The long title of the Wildlife Area Regulationsfootnote 1 is replaced by the following:

Wildlife Area Regulations

2 Section 1 of the Regulations and the heading before it are repealed.

3 (1) The definitions bismuth shot, plant, steel shot, tin shot, tungsten-bronze-iron shot, tungsten-iron-nickel-copper shot, tungsten-iron shot, tungsten-matrix shot, tungsten-nickel-iron shot and tungsten-polymer shot in section 2 of the Regulations are repealed.

(2) The definitions plomb and turlutte en plomb in section 2 of the French version of the Regulations are repealed.

(3) The definitions hunt and non-toxic shot in section 2 of the Regulations are replaced by the following:

hunt means
to chase, pursue, worry, molest, follow after or on the trail of, stalk or lie in wait for or shoot for the purpose of taking animals, whether or not the animal is subsequently captured, killed or injured; (chasser)
non-toxic shot
means any shot composed, by weight, of
  • (a) up to 100% iron, tungsten, tin or bismuth, alone or in any combination of those substances,
  • (b) not more than 45% copper,
  • (c) not more than 40% nickel,
  • (d) not more than 7% Nylon 6, Nylon 11 or ethylene-methacrylic acid copolymer, alone or in any combination of those substances, and
  • (e) not more than1% all other substances combined; (grenaille non toxique)

(4) The definitions lead jig and lead sinker in section 2 of the English version of the Regulations are replaced by the following:

lead jig
means a weighted hook, used for fishing, that weighs less than 50 g and contains more than 1% lead by weight; (turlutte plombée)
lead sinker
means a sinker that weighs less than 50 g and contains more than 1% lead by weight; (lest en plomb)

(5) Section 2 of the Regulations is amended by adding the following in alphabetical order:

designated
means designated by the Minister under subsection 3.2(1); (désigné)
domestic animal
means a vertebrate that has been domesticated by humans; (animal domestique)
habitat
has the same meaning as in subsection 2(1) of the Species at Risk Act; (habitat)
residence
has the same meaning as in subsection 2(1) of the Species At Risk Act; (résidence)
sinker
means an object used to sink a fishing line; (pesée)
toxic shot
means shot, other than non-toxic shot; (grenaille toxique)

(6) Section 2 of the French version of the Regulations is amended by adding the following in alphabetical order:

lest en plomb
Pesée de moins de 50 g dont la teneur en plomb est supérieure à 1 % de plomb en poids. (lead sinker)
turlutte plombée
Hameçon lesté servant à la pêche, pèse moins de 50 g et dont la teneur en plomb est supérieure à 1 % de plomb en poids. (lead jig)

4 Sections 3 to 5 of the Regulations are replaced by the following:

3 (1) Subject to subsections 3.1(1) to (3) and sections 3.6 and 3.7, no person shall do any of the following in any wildlife area except in accordance with a permit issued under section 4 or section 8.1:

(2) No person shall, except in accordance with a permit issued under section 4 or section 8.1, hunt or fish from outside the wildlife area for wildlife located in the wildlife area.

3.1 (1) The activities set out in Schedule I.1 in relation to any wildlife area that is listed in that Schedule may be carried out in that wildlife area, subject to any conditions that are specified in that Schedule for those activities in that wildlife area.

(2) The activities must be carried out in a manner that minimizes the adverse effects on any wildlife, wildlife residence or wildlife habitat.

(3) The activities may be carried out in that wildlife area only from sunrise to sunset, unless otherwise specified in Schedule Schedule I.1.

(4) For greater certainty, a permit issued under section 4 or section 8.1 is not required for those activities.

3.2 (1) Subject to subsection (2), if an activity referred to in subsection 3(1) is described in Schedule I.1 as being authorized in a wildlife area at a designated location or during a designated period, the Minister may designate the applicable location or period for that activity.

(2) The Minister shall, when designating a location or a period, take the following into consideration:

3.3 (1) No person shall enter any of the following wildlife areas except in accordance with a permit issued under section 4:

(2) No person shall enter Mohawk Island National Wildlife Area during the period beginning on April 1 in any year and ending on August 31 in the same year except in accordance with a permit issued under section 4.

3.4 Sections 3 and 3.3 do not apply in respect of an activity carried out for the purpose of ensuring public safety or national security or in response to an emergency.

3.5 (1) Paragraphs 3(1)(b), (c), (e), (g) to (i), (k) to (o), (r), (t) and (u) and section 3.3 do not apply in respect of a federal or provincial enforcement officer when they are performing their duties or functions or a person who is acting under the direction or control of that enforcement officer.

(2) Section 3.3 does not apply in respect of an employee of the Department of the Environment who, in the course of performing their duties or functions, is carrying out a wildlife research, conservation or interpretation activity or a person who is acting under the direction or control of that employee.

(3) Section 3.3 does not apply in respect of a person who, on behalf of a representative of the government of Canada and in the course of their duties or functions, is carrying out an activity relating to the maintenance of a wildlife area.

(4) A person referred to in subsection (2) or (3) may, in the course of their duties or functions in a wildlife area,

Domestic Animals and Non-Indigenous Wildlife

3.6 (1) If a domestic animal is at large in a wildlife area and a wildlife officer has reasonable grounds to conclude that the animal has an owner, the officer may

(2) If a domestic animal is at large in a wildlife area and a wildlife officer has no reasonable grounds to conclude that the animal has an owner, the officer may

(3) For the purposes of this section, the owner of an animal includes the person who is responsible for it.

3.7 A wildlife officer, an employee referred to in subsection 3.5(2) or a person acting under the direction or control of the officer or the employee, may capture or destroy, in a wildlife area, any wildlife that is not indigenous to that wildlife area and is likely to cause immediate harm to indigenous wildlife or immediately degrade its habitat.

Temporary Closure of Wildlife Areas

3.8 (1) The Minister may temporarily close all or any part of a wildlife area if

(2) The Minister shall give notice in writing to the public of

(3) The written notice shall be posted at the entrance or boundary of the wildlife area or published on a federal government website or on other media.

(4) No person shall enter a wildlife area or any part of it that has been closed under subsection (1), other than a person referred to in section 3.5.

Permits

4 (1) The Minister may, on application, issue a permit to a person or a government body for any activity referred to in section 3 or 3.3 if

(2) The application must be in a form approved by the Minister and include the following information:

4.1 Before issuing a permit under subsection 4(1), the Minister shall, for the purpose of evaluating the effects that a proposed activity is likely to have on wildlife or wildlife habitat in the wildlife area and determining whether the effects are adverse, take the following into consideration:

4.2 (1) A permit must include the condition that the permit holder must notify the Minister of any change to any information provided in the application for the permit.

(2) A permit may include conditions with respect to

5 Any person carrying out activities authorized by a permit shall

5 Sections 7 to 8.1 of the Regulations are replaced by the following:

7 (1) The Minister may suspend a permit if

(2) The permit is suspended until the day on which the Minister notifies the permit holder that the suspension is lifted.

(3) The Minister shall lift the suspension when the grounds for the suspension no longer exist or when the permit holder has taken the measures necessary to remedy the situation on which the suspension was based.

8 The Minister may revoke a permit if

8.1 (1) The Minister may, on application, issue a permit to hunt migratory game birds in the Cap Tourmente National Wildlife Area to an applicant, who is chosen by lot, subject to the following conditions:

(2) The permit must indicate the period for which it is valid and set out the names of the guests of the permit holder, if any.

(3) The permit holder shall comply with the following conditions:

6 Section 8.3 of the Regulations is amended by adding the following after subsection (2):

(3) Subsections (1) and (2) do not apply when the entrance gate to the wildlife area is open and no attendant is present.

7 Item 1 of Part I of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune du marais John Lusby” with “Réserve nationale de faune du Marais-John-Lusby”.

8 Item 2 of Part I of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de Sand Pond” with “Réserve nationale de faune du Lac-Sand Pond”.

9 Item 3 of Part I of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de l’Île Boot” and “Bout Island (ou Boot Island)” with “Réserve nationale de faune de l’Île-Boot ” and “l’Île Bout (ou l’Île Boot)”, respectively.

10 Item 4 of Part I of Schedule I to the Regulations is replaced by the following:

4 Wallace Bay National Wildlife Area

All those parcels of land, in the County of Cumberland, bordered by a heavy line according to plan 66185 in the Canada Lands Surveys Records at Ottawa;

Saving and Excepting thereout from the above Parcel I as shown on Plan of Survey, surveyed by Gerald MacDougall, N.S.L.S., said plan filed with the Department of Public Works and Government Services as S-585, containing about 2.5 hectares (6.2 acres).

Said remainder containing together about 580.5 hectares (1433.8 acres).

11 (1) Item 5 of Part I of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de l’Île Sea Wolf” with “Réserve nationale de faune de l’Île-Sea Wolf”.

(2) The first paragraph of item 5 of Part I of Schedule I to the French version of the Regulations is amended by replacing “l’Île Sea Wolf (Margaree)” with “l’Île-Sea Wolf (Margaree)”.

(3) The second paragraph of item 5 of Part I of Schedule I to the French version of the Regulations is amended by replacing “l’Île Sea Wolf” with “l’Île-Sea Wolf”.

12 (1) The portion of item 6 of Part I of Schedule I to the French version of the Regulations before subitem (1) is amended by replacing “Réserve nationale de faune de Chignecto” with “Réserve nationale de faune Chignecto”.

(2) Subitem 6(1) of Part I of Schedule I to the French version of the Regulations is amended by replacing “Sanctuaire de la pointe Amherst” with “Secteur du sanctuaire de la pointe Amherst”.

13 Item 1 of Part II of Schedule I to the Regulations is replaced by the following:

1 Tintamarre National Wildlife Area

(1) Jolicure Unit

All those certain pieces, parcels or lots of land, marsh land, bog and lands covered by water, being situated in the Parishes of Sackville and Westmorland, County of Westmorland, Province of New Brunswick, shown on Department of Transport Plan MT-0148, dated October 16, 1967 and titled “Properties Required by Department of Indian Affairs and Northern Development for National Wildlife Area”, registered January 29, 1968 as instrument number 6017 in the Registry of Deeds for the County of Westmorland, said lands being more particularly described as follows;

Beginning at a point at the intersection of the southeasterly boundary of the Midgic-Brooklyn Highway with the property line between the lands now or formerly of Cecil Wheaton and the lands now or formerly of Clarence Wheaton;

Thence following the said southeasterly boundary of the Midgic-Brooklyn Highway in a generally northeasterly direction, a distance of 27 chains, more or less, to its intersection with the property line between the lands now or formerly of Clarence Wheaton and lands now or formerly of John Beal;

Thence following the last mentioned property line in a generally southeasterly direction, a distance of 16 chains, more or less;

Thence following the southeasterly boundary of the lands now or formerly of John Beal in a general northeasterly direction, a distance of 23 chains, more or less, to a point;

Thence following the northeasterly boundary of the lands of said John Beal in a general northwesterly direction, a distance of 15 chains, more or less, to its intersection with the southeastern boundary of the Midgic-Brooklyn Highway;

Thence following the last mentioned boundary in a generally northeasterly direction, a distance of 18 chains, more or less, to its intersection with the northerly boundary of right of way leading to the farm now or formerly of Kenneth Phinney (Spinney, so-called), as shown on the above mentioned plan;

Thence in a generally easterly direction, a distance of 24 chains, more or less, to its intersection with the westerly boundary of the lands now or formerly of Kenneth Phinney (Spinney, so-called);

Thence following the last mentioned boundary and its northeasterly production in a generally northeasterly direction, a distance of 80 chains, more or less, to a point, said point being at a distance of 10 chains southwesterly from the property line between the lands now or formerly of A. Snowdon and lands now or formerly of K. Phinney (Spinney, so-called);

Thence following a line parallel to the last mentioned property line and 10 chains therefrom in a generally southeasterly direction, a distance of 34 chains, more or less, to a point;

Thence in a generally southwesterly direction, a distance of 24 chains, more or less, to a point;

Thence in a generally southeasterly direction, a distance of 24 chains, more or less, to its intersection with the northwesterly boundary of Lake Road where there is a corner post near an old apple orchard on or near the property of lands now or formerly of Ned Waters;

Thence following the last mentioned boundary in generally southwesterly and southeasterly directions to its intersection with the property line between the lands now or formerly of Pickard Oulton and lands now or formerly of Arthur Oulton;

Thence following the last mentioned property line in a generally southwesterly direction to its end;

Thence in a generally southwesterly direction to a point at the intersection with a survey line run by K.F. MacDonald, N.B.L.S. 1965, said point being at a distance of 18 chains measured in a northwesterly direction along a road leading to the marsh from the northwesterly boundary of Jolicure Road;

Thence following the last mentioned line established by K. F. MacDonald in a generally westerly direction to its intersection with the southwesterly boundary of a grant to Andrew Kinnear;

Thence in a straight line in a generally northwesterly direction to a point situated at the northwesterly corner of the marshland now or formerly of Russell Oulton, said point being at a distance of 10 chains, more or less, easterly from Goose Creek Road;

Thence in a generally northeasterly direction following the edge of upland to its intersection with the easterly boundary of lands now or formerly of Marlin Wheaton;

Thence following the said Marlin Wheaton property line and the northerly property line of Cecil Wheaton in a generally northeasterly and northwesterly direction to the Place of Beginning.

The above described parcel of land contains an area of 3800 acres, more or less.

Including a portion of those lands as described in an Indenture dated August 26, 1909, from David Wheaton to Rosaline Wheaton et al., registered March 11, 1913 in Book Q8 at Page 667 as document No. 94960.

And including those lands as described in an Indenture dated July 25, 1969, from John and Hilda I. Dixon to H.M. in right of Canada, registered December 3, 1969 in Book 264 at Pages 705-709 as No. 290391 and also those same lands as described in a Notice of Expropriation, dated April 10, 1969 and registered May 7, 1969 in Book 249 at Pages 207-208 as document No. 286317.

And including those same lands as described in an Indenture dated February 6, 1970, from Margaret Beal to H.M. in right of Canada, registered March 19, 1970 in Book 270 at Pages 158-160 as document No. 291870.

And including those same lands as described in an Indenture dated February 20, 1970, from Bliss E. Beal et ux. to H.M. in right of Canada, registered March 25, 1970 in Book 270 at Pages 440-442 as document No. 291940.

And including those lands as described in an Indenture dated March 25, 1970, from Charles Edward Watters to H.M. in right of Canada, registered April 9, 1970 in Book 271 at Pages 249-252 as No. 292169.

And including those same lands as described in an Indenture dated June 8, 1970, from Earl I. Trenholm et ux, to H.M. in right of Canada, registered June 10, 1970 in Book 274 at Pages 896-898 as document No. 293176.

And including those same lands as described in an Indenture dated June 8,1970, from Ross Hicks et ux. to H.M. in right of Canada, registered June 10, 1970 in Book 274 at Pages 902-904 as document No. 293178.

And including those same lands as described in an Indenture dated June 8, 1970, from Russell Wheaton et ux. to H.M. in right of Canada, registered June 10, 1970 in Book 274 at Pages 899-901 as document No. 293177.

And including those lands as described in an Indenture dated May 11, 1971, from John H. and Louella Beal to H.M. in right of Canada, registered May 20, 1971 in Book 299 at Pages 265-268 as document No. 299627.

And including those same lands as described in an Indenture dated May 13, 1971, from Oakley Richards et ux. to H.M. in right of Canada, registered July 5, 1971 in Book 303 at Pages 691-693 as document No. 300750.

And including those same lands as described in an Indenture dated November 1, 1971, from Clarence Wheaton to H.M. in right of Canada, registered November 2, 1971 in Book 315 at Pages 106-108 as document No. 303754.

And including those lands as described in an Indenture dated November 4, 1971, from Earl J. Patterson et ux. to H.M. in right of Canada, registered November 5, 1971 in Book 315 at Pages 546-548 as document No. 303873.

And including those same lands as described in an Indenture dated November 5, 1971, from William O. Coates et ux. to H.M. in right of Canada, registered November 12, 1971 in Book 316 at Pages 190-193 as document No. 304041.

And including those same lands as described in an Indenture dated November 5, 1971, from Pickard J. Oulton et ux. to H.M. in right of Canada, registered November 15, 1971 in Book 316 at Pages 193-197 as document No. 304042.

And including those same lands as described in an Indenture dated November 8, 1971, from Walter A. Phinney et ux. to H.M. in right of Canada, registered November 22, 1971 in Book 316 at Pages 979-982 as document No. 304245.

And including those same lands as described in an Indenture dated November 12, 1971, from Cecil Wheaton et ux. to H.M. in right of Canada, registered November 16, 1971 in Book 316 at Pages 414-417 as document No. 304093.

And including those same lands as described in an Indenture dated November 29, 1971, from Kathleen E. Wicks to H.M. in right of Canada, registered December 1, 1971 in Book 317 at Pages 841-843 as document No. 304478.

And including those same lands as described in an Indenture dated January 10, 1972, from Floyd E. Wheaton to H.M. in right of Canada, registered January 14, 1972 in Book 321 at Pages 710-713 as document No. 305475.

And including those same lands as described in an Indenture dated January 19, 1972, from Emily B. Wood to H.M. in right of Canada, registered April 26, 1972 in Book 330 at Pages 160-162 as document No. 307660.

And including those same lands as described in an Indenture dated February 2, 1972, from Muriel Dobson to H.M. in right of Canada, registered February 9, 1972 in Book 323 at Pages 505-508 as document No. 305943.

And including those same lands as described in an Indenture dated September 10, 1976, from Donald Beal et ux, to H.M. in right of Canada, registered September 14, 1976 in Book 531 at Pages 643-645 as document No. 356613.

And including those lands as described in Order in Council 72-204, dated March 8, 1972, registered February 26, 1973 in Book 362 at Pages 841-842 as document No. 315896 and by Federal acceptance P.C. 1972-2971, dated December 12, 1972, registered February 26, 1973 as document No. 315896A and being more particularly as follows:

All that certain lot, piece or parcel of land situate, lying and being on the westerly side of the Long Lake Road, so-called, near Jolicure, in the Parish of Westmorland, County of Westmorland and the Province of New Brunswick, being more particularly described as follows:

Beginning at a point distant northerly 300 feet approximately, from the New Brunswick Department of Public Works Bridge Number one hundred thirteen (113);

Thence north 29°24′54″ west along the westerly boundary of the Long Lake Road, a distance of 512.73 feet to a survey marker;

Thence north 27°40′41″ west, continuing along the westerly boundary of the Long Lake Road, a distance of 60 feet to a survey marker;

Thence north 16°00′00″ west, continuing along the westerly boundary of the Long Lake Road, a distance of 150.35 feet to a survey marker;

Thence south 60°35′06″ west, a distance of 720 feet to a survey marker;

Thence south 29°24′54″ east, a distance of 309.67 feet to a survey marker;

Thence south 88°29′40″ east, a distance of 796.5 feet to a survey marker, said survey marker being on the westerly boundary of the Long Lake Road, and being the Place of Beginning;

The above described lands contain 8 acres, more or less.

All bearings are referenced to magnetic north for the year 1970.

Being and intended to be those same lands as described in an Indenture dated December 22, 1966 from Graham Cole to H.M. in right of the Province of New Brunswick, registered December 23, 1966 in Libro 198 at Folio 89 as No. 272932.

Excluding those same lands as described in a Notice of Abandonment dated December 6, 1972, registered February 28, 1973 in Book 363 at Pages 115-116 as No. 315984 and being those same lands as shown on Department of Public Works Plan MT-0882, entitled “Property to be Abandoned by Department of Environment (C.W.S.) at Jolicure”, dated August 24, 1972.

And excluding those same lands as described in a Notice of Abandonment dated December 8, 1976, registered March 31, 1977 in Book 556 at Pages 597-599 as No. 363041 and being those same lands shown as Parcel 1 on Department of Transport Plan MT-0604, entitled “Plan Showing Land Required by Department of Fisheries and Forestry for (Canadian Wildlife Service), Jolicure”, dated March 2, 1971 and amended May 12, 1976.

(2) Hog Lake Unit

All that certain piece, parcel or lot of land, being situated at Hog Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown on Department of Public Works Plan S-172, dated February 27, 1973, and titled “Plan of Tintamarre National Wildlife Area, Hog Lake Section, Showing Properties Required by Department of Environment, (C.W.S.)”, as signed by Jean-Louis Veilleux, registered February 28, 1973, as plan number 8009, said lands being more particularly described as follows:

Beginning at a point (P1A) situated on a southeastern boundary of lands now or formerly of Ivan Trenholm and on a Northeastern boundary of lands now or formerly of the estate of David Wheaton and at the most northern corner of the hereinafter described lands, as shown on the above mentioned plan, said point (P1A) having grid coordinate values of east 1 561 372.81 feet and north 807 662.96 feet;

Thence 150°03′05″, a distance of 1434.760 feet to a point (2A), said point (2A) having grid coordinate values of east 1 562 089.08 feet and north 806 219.78 feet;

Thence 114°57′57″, a distance of 684.83 feet to a point (13A), said point (13A) having grid coordinate values of east 1 562 709.92 feet and north 806 130.73 feet;

Thence 165°14′22″, a distance of 1632.37 feet to a point (P12) situated on a northwestern boundary of lands now or formerly of H.M. in right of the Province of New Brunswick, said point (P12) having grid coordinate values of east 1 563 125.82 feet and north 804 552.23 feet;

Thence 210°34′46″, a distance of 2128.60 feet to a point (14-1), said point (14-1) having grid coordinate values of east 1 526 042.91 feet and north 802 719.64 feet;

Thence 270°39′50″, a distance of 1282.66 feet to a point (P16), said point (P16) having grid coordinate values of east 1 560 760.34 feet and north 802 734.50;

Thence continuing 270°39′50″, a distance of 647.95 feet to a point (P15), said point (P15) having grid coordinate values of east 1 560 112.43 fee and north 802 742.00 feet;

Thence continuing 270°39′50″, a distance of 580.05 feet to a point (P14) situated on an eastern boundary of lands now or formerly of Ivan Trenholm, said point (P14) having grid coordinate values of east 1 559 532.42 feet and north 802 748.72 feet;

Thence along the said eastern boundary of lands now or formerly of Ivan Trenholm, 16°35′27″, a distance of 3273.17 feet to a point (P11), said point (P11) having grid coordinate values of east 1 560 467.03 feet and north 805 885.62 feet;

Thence 113°06′12″, a distance of 442.01 feet to a point (P17), said point (P17) having grid coordinate values of east 1 560 873.59 feet and north 805 712.18 feet;

Thence 09°46′23″, a distance of 970.24 feet to a point (P6) situated on a southern boundary of lands now or formerly of said Ivan Trenholm, said point (P6) having grid coordiante values of east 1 561 038.29 feet and north 806 668.34 feet;

Thence along the said southern boundary of lands now or formerly of Ivan Trenholm, 113°38′05″, a distance of 214.59 feet to a point (P5), said point (P5) having grid coordinate values of east 1 561 234.88 feet and north 806 582.31 feet;

Thence along a southern boundary of said lands now or formerly of Ivan Trenholm, 118°38′24″, a distance of 205.49 feet to a point (P4), said point (P4) having grid coordinate values of east 1 561 438.04 feet and north 806 551.44 feet;

Thence along an eastern boundary of said lands now or formerly of Ivan Trenholm, 09°16′37″, a distance of 340.06 feet to a point (P3), said point (P3) having grid coordinate values of east 1 561 492.86 feet and north 806 887.05 feet;

Thence along a northeastern boundary of said lands now or formerly of Ivan Trenholm, 328°00′06″, a distance of 669.43 feet to a point (P2), said point (P2) having grid coordinate values of east 1 561 138.13 feet and north 807 454.77 feet;

Thence along the first said southeastern boundary of lands now or formerly of Ivan Trenholm, 48°23′05″, a distance of 290.89 feet to a point (P1), said point (P1) having grid coordinate values of east 1 561 355.61 feet and north 807 647.96 feet;

Thence continuing along a southeastern boundary of said lands now or formerly of Ivan Trenholm, and continuing 48°23′05″, a distance of 23.00 feet to the Place of Beginning.

All bearings are grid-referenced to the New Brunswick Double Stereographic Projection, NAD27 imperial values published 1973.

Being and intended to be those same lands as described in a Provincial Order in Council No. 73-556, dated July 11, 1973 and by federal acceptance P.C. 1974-1238 dated May 30, 1974.

And also being and intended to be those same lands as described in an Indenture dated December 21, 1973 from Earl Ivan and Shirley M. Trenholm to H.M. in right of Canada, registered January 9, 1974 in Book 404 at Pages 336-338 as document No. 325845.

And also being and intended to be those same lands as described in an Indenture dated April 26, 1973 from Frederick L. and Dorothy Estabrooks to H.M. in right of Canada, registered May 1, 1973 in Book 369 at Pages 193-195 as document No. 317441.

Saving and excepting from the above described lands all those lands shown on the above mentioned Department of Public Works Plan S-172 identified as being now or formerly of the David Wheaton Estate, lands now or formerly of Roy Hicks, lands now or formerly of Garney Thompson, lands now or formerly of Albert Wheaton and lands now or formerly of the Abner Smith Estate.

(3) Towers Goose Unit

PART 1

PARCEL “A”

All that certain piece, parcel or lot of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcel “A” on Department of Public Works Plan S-520, dated September 26, 1978, and titled “Plan Showing Tintamarre National Wildlife Area, Towers Goose Lake Section”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered December 27, 1978 as instrument number 11931, said Parcel “A” being more particularly described as follows:

Beginning at a point (40) situated on a southeastern boundary of lands now or formerly of A.B. Copp and on a southwestern boundary of lands now or formerly claimed by Herman Estabrooks and at the most northern corner of the hereinafter described Parcel “A”, said point (40) having grid coordinate values of east 1 557 485.08 feet and north 810 994.97 feet;

Thence along the said southwestern boundary of lands now or formerly claimed by Herman Estabrooks, 136°25′23″, a distance of 2227.58 feet to a point (42) situated on a northwestern boundary of lands now or formerly of Herman Estabrooks;

Thence along the said northwestern boundary of lands now or formerly of Herman Estabrooks, 230°40′30″, a distance of 331.94 feet to a point (16);

Thence 236°24′25″, a distance of 564.07 feet to an iron pin (17) situated on a northwestern boundary of lands now or formerly of Floyd Wheaton;

Thence along the said northwestern boundary of lands now or formerly of Floyd Wheaton, 209°16′30″, a distance of 387.69 feet to an iron pin (18) situated on a northeastern boundary of lands now or formerly of Clarence Wheaton;

Thence along the said northeastern boundary of lands now or formerly of Clarence Wheaton, 308°35′16″, a distance of 777.96 feet to an iron pin (19) situated on a northeastern boundary of lands now or formerly of Harold Cook;

Thence along the said northeastern boundary of lands now or formerly of Harold Cook, 295°16′00″, a distance of 227.90 feet to a point (20);

Thence continuing along a northeastern boundary of said lands now or formerly of Harold Cook, 338°44′00″, a distance of 1386.00 feet to a point (21) situated on a southeastern boundary of lands now or formerly of Kenneth Phinney;

Thence along the said southeastern boundary of lands now or formerly of Kenneth Phinney, 49°17′20″, a distance of 339.56 feet to a point (22) situated on the aforesaid southeastern boundary of lands now or formerly of A.B. Copp;

Thence along the said southeastern boundary of lands now or formerly of A.B. Copp, 49°17′20″, a distance of 580.80 feet to the Place of Beginning.

The above described lands contain an area of 63.00 acres.

PARCEL“B”

All that certain piece, parcel or lot of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcel “B” on Department of Public Works Plan S-520, dated September 26, 1978, and titled “Plan Showing Tintamarre National Wildlife Area, Towers Goose Lake Section”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered December 27, 1978 as instrument number 11931, said Parcel “B” being more particularly described as follows:

Beginning at an iron pin (2) situated on a southeastern boundary of lands now or formerly of Alder T. Estabrooks and on a marsh line, as shown on the above mentioned plan, said iron pin (2) being 91°21′18″, a distance of 1168.05 feet from New Brunswick Grid Monument No. 21120, said iron pin (2) having grid coordinate values of east 1 558 842.36 feet and north 814 866.47 feet;

Thence northeasterly following the said marsh line of the southeastern boundary of lands now or formerly of Alder T. Estabrooks, a distance of 640 feet, more or less, to an iron pin (3), said iron pin (3) being 63°35′13″, a distance of 626.94 feet from the last said iron pin (2);

Thence southeasterly along the marsh line of the southeastern boundary of lands now or formerly of Ross Hicks, 460 feet, more or less, to an iron pin (4), said iron pin (4) being 113°14′35″, a distance of 399.91 feet from the last said iron pin (3);

Thence northeasterly following the marsh line of the southeastern boundary of lands now or formerly of Norman Hicks, 570 feet, more or less, to a point;

Thence northeasterly 140 feet, more or less, to an iron pin (5) situated on the division line of lands now or formerly of Norman Hicks and lands now or formerly of Claude Wheaton, said iron pin (5) being 36°32′30″, a distance of 665.84 feet from the last said iron pin (4);

Thence southerly along the marsh line of the western boundary of said lands now or formerly of Claude Wheaton, a distance of 830 feet, more or less, to an iron pin (6), said iron pin (6) being 196°16′30″, a distance of 762.92 feet from the last said iron pin (5);

Thence southwesterly along the western boundary of lands now or formerly of Richard Hicks, 182°05′10″, a distance of 905.36 feet to an iron pin (7);

Thence southwesterly along the western boundary lands now or formerly of Elmer Phinney, 184°30′43″, a distance of 559.06 feet to an iron pin (8);

Thence southwesterly along the northwestern boundary of lands now or formerly of Roland Hicks, 196°48′45″, a distance of 79.51 feet to an iron pin (9);

Thence southwesterly along the northwestern boundary of lands now or formerly of Milton Phinney, 202°11′10″, a distance of 266.56 feet to an iron pin (10);

Thence southwesterly along the northwestern boundary of lands now or formerly of Sherman Richards, 215°38′44″, a distance of 285.29 feet to an iron pin (11);

Thence southerly along the marsh line of the southwestern boundary of lands now or formerly of Robert Richards, 1750 feet, more or less, to a point (12), said point (12) being 164°32′10″, a distance of 1736.10 feet from the last said iron pin (11);

Thence southwesterly along the marsh line of the northwestern boundary of said lands now or formerly of Robert Richards, a distance of 800 feet, more or less, to an iron pin (13), said iron pin (13) being 209°11′47″, a distance of 778.89 feet from the last said point (12);

Thence northwesterly along the northeastern boundary of lands now or formerly of Herman Estabrooks and along the Gin Ditch (so-called), 338°35′02″, a distance of 1971.67 feet to a point (41);

Thence southwesterly along the northwestern boundary of lands now or formerly claimed by Herman Estabrooks, 229°17′20″, a distance of 1932.74 feet to a point (40) situated at the southeast corner of lands now or formerly of A.B. Copp;

Thence northwesterly along the northeastern boundary of said lands now or formerly of A.B. Copp, 308°20′55″, a distance of 1780.00 feet to a point (39);

Thence northeasterly along the southeastern boundary of lands now or formerly of Fred Cook (possibly), 51°30′00″, a distance of 586.43 feet to a point (38);

Thence northwesterly along the northeastern boundary of said lands now or formerly of Fred Cook (possibly), 306°47′20″, a distance of 106.41 feet to a point (37) situated on the southeastern boundary of lands now or formerly of the Harold Estabrooks Estate;

Thence northeasterly along the said southeastern boundary of lands now or formerly of the Harold Estabrooks Estate, 66°19′10″, a distance of 1239.37 feet to a point (36) situated on the Palmer Ogden Canal (so-called);

Thence northeasterly along the said lands now or formerly of the Harold Estabrooks Estate, 11°10′25″, a distance of 770.81 feet to a point (35);

Thence continuing along the said lands now or formerly of the Harold Estabrooks Estate, 50°00′47″, a distance of 1477.08 feet to a point (34);

Thence northwesterly along a northeastern boundary of said lands now or formerly of the Harold Estabrooks Estate, 344°50′45″, a distance of 140.00 feet to the Place of Beginning.

The above described Parcel “B” contains an area of 200 acres.

All bearings are grid-referenced to the New Brunswick Double Stereographic Projection, NAD27 imperial values published 1973.

Being and intended to be those same lands as described in an Indenture dated December 27, 1978 from Leonard H. and Muriel Tower to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 84-89 as document No. 384495 and those same lands as described in an Indenture dated December 13, 1978 from Martha Helen Beale et al. to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 90-95 as document No. 384496 and those same lands as described in an Indenture dated December 18, 1978 from Albert and Kathryn Wry to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 96-101 as document No. 384497 and those same lands as described in an Indenture dated December 6, 1978 from Edwin M. and Amelia T. Oulton to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 106-111 as document No. 384499 and those same lands as described in an Indenture dated December 13, 1978 from Norman A. and Mary Weldon to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 112-117 as document No. 384500 and those same lands as described in an Indenture dated December 13, 1978 from Nelson Milner to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 118-123 as document No. 384501 and those same lands as described in an Indenture dated December 18, 1978 from Brunswick E. and Gertrude Barnhill to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 124-129 as document No. 384502 and those same lands as described in an Indenture dated December 13, 1978 from Edgar A. and Joyce E. Dixon to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 130-135 as document No. 384503.

PART 2

All that certain Easement, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcel “A” on Department of Public Works Canada Plan S-520-3, dated January 3, 1982, and titled “Plan Showing Lands Required by H.M. in right of Canada Located on the South Side of N.B. Route No. 940”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered March 14, 1983 as instrument number 13998.

The above said Parcel “A” contains an area of 1776 square metres.

Being and intended to be that same Easement as described in an Indenture dated March 10, 1983, from Winston W. and Erma J. Hicks to H.M. in right of Canada, registered March 14, 1983 in Book 878 at Pages 476-480 as document No. 431316.

PART 3

All that certain piece, parcel or lot of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcel “G” on Department of Public Works Canada Plan S-824, dated October 11, 1979, and titled “Plan Showing Tintamarre National Wildlife Area, Towers Goose Lake Section”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered April 3, 1980 as instrument number 12697.

The above said Parcel “G” contains an area of 12.65 hectares.

Being and intended to be those same lands as described in an Indenture dated April 2, 1980, from John L. Cook to H.M. in right of Canada, registered April 3, 1980 in Book 725 at Pages 547-549 as document No. 400506.

PART 4

All those certain pieces, parcels or lots of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcels “A-1”, “C”, “M” and “N” on Department of Public Works Canada Plan S-823, dated September 11, 1980, and titled “Plan Showing Parcels “A-1”, “C”, “M” and “N” of The Commissioners of Log Lake Tract and Parcel “A-2” of Harold Estabrooks Estate Required by H.M.Q. (Canadian Wildlife Service), Environment Canada for Tintamarre National Wildlife Area, Towers Goose Lake Section”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered January 8,1981 as instrument number 13214.

Being and intended to be those same lands as described in an Indenture dated December 22, 1980, from Commissioners of the Log Lake Tract Marsh to H.M. in right of Canada, registered January 8, 1981 in Book 768 at Pages 194-198 as document No. 409584.

Saving and excepting from the above said lands all those lands as described in a Grant by H.M. in right of Canada to Peter Boyd Estabrooks, being all those certain parcels of land shown as Parcels “M” and “N” on Public Works Canada Plan S-823, dated September 11, 1980, revised December 20, 1982, as signed by James C. Henderson, New Brunswick Land Surveyor, said Parcels “M” and “N” being in Midgic, Parish of Sackville, County of Westmorland, Province of New Brunswick, said Grant dated June 27, 1983, recorded June 27, 1983 and registered August 31, 1983 in Book 913 at Pages 488-493 as document No. 438053.

PART 5

All that certain piece, parcel or lot of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcels “A” on Department of Public Works Plan S-520-1, dated September 27, 1978 and titled “Subdivision Plan of Winston W. Hicks Subdivision, Located on the South Side of N.B. Route No. 940”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered September 1, 1978 as Plan No. 11723.

The above said Parcel “A” contains an area of 16.46 acres.

Being and intended to be those same lands as described in an Indenture dated December 20, 1978, from Winston W. and Erma J. Hicks to H.M. in right of Canada, registered December 27, 1978 in Book 651 at Pages 80-83 as document No. 384494.

PART 6

All that certain piece, parcel or lot of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcel “A-2” on Department of Public Works Plan S-823-E, dated September 11, 1980, revised December 20, 1982 and revised January 18, 1984 and titled “Revised Plan Showing Parcel “A-2” of Harold Estabrooks Estate, Required by H.M.Q. (Canadian Wildlife Service), Environment Canada, for Tintamarre National Wildlife Area, Towers Goose Lake Section”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered August 2, 1984 as Plan No. 14634.

The above mentioned Parcel “A-2” contains an area of 5.802 hectares.

Being and intended to be those same lands as described in a Notice of Intention to Expropriate, registered August 2, 1984 in Book 974 at Pages 758-760 as document No. 449356 and in a Notice of Confirmation of an Intention to Expropriate, registered December 18, 1984 in Book 1001 at Pages 344-346 as document No. 454132.

PART 7

All that certain piece, parcel or lot of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcel “E” on survey plan dated January 28, 1980 and titled “Subdivision Plan of John Kay Jr. Estate Subdivision, Located South East of N.B. Route No. 940”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered August 22, 1980 as Plan No. 12994.

The above said Parcel “E” contains an area of 7.047 hectares.

Being and intended to be those same lands as described in an Indenture dated August 14, 1980, from Katherine Wells to H.M. in right of Canada, registered September 26, 1980 in Book 751 at Pages 519-521 as document No. 406078.

PART 8

All that certain piece, parcel or lot of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcel “H” on Department of Public Works Canada Plan S-824, dated October 11, 1979, and titled “Plan Showing Tintamarre National Wildlife Area, Towers Goose Lake Section”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered April 3, 1980 as instrument number 12697.

The above described Parcel “H” contains an area of 6.02 hectares.

Being and intended to be those same lands as described in an Indenture dated August 5, 1980, from Selena Estabrooks to H.M. in right of Canada, registered August 13,1980 in Book 743 at Pages 305-307 as document No. 404384.

PART 9

All that certain piece, parcel or lot of land, being situated at Towers Goose Lake Section, near Midgic, in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown as Parcel “B” on Department of Public Works Plan S-520-2, dated September 27,1978, and titled “Subdivision Plan of Oscar Tracy Subdivision, Located on the South Side of N.B. Route No. 940”, as signed by James C. Henderson, New Brunswick Land Surveyor, registered September 1, 1978 as instrument number 11722.

The above said Parcel “B” contains an area of 1.75 acres.

Being and intended to be those same lands as described in an Indenture dated December 19, 1978, from Oscar R. and Georgina E. Tracy to H.M. in right of Canada, registered December 22, 1978 in Book 650 at Pages 683-685 as document No. 384414.

PART 10

All those same lands as described in a Deed dated October 31, 1988, conveying lands from Hicks, Lemoine to H.M. in right of Canada, registered December 7, 1988 in Book 1466 at Pages 325-330 as document No. 514655.

PART 11

All those same lands as described in a Tax Deed dated September 23, 1988, conveying lands to H.M. in right of Canada, registered October 12, 1988 in Book 1439 at Pages 227-230 as document No. 511968.

PART 12

All those same lands shown as lands of H.M. in right of Canada on Public Works Canada Plan S-1189, dated December 3, 1982, as signed by James C. Henderson, New Brunswick Land Surveyor and titled “Plan Showing Property of H.M. in right of Canada at Tintamarre National Wildlife Area, Towers Goose Lake Section”.

Being and intended to be a portion of those same lands as described in an Indenture dated March 25, 1970 from Charles Edward Watters to H.M. in right of Canada, registered April 9, 1970 in Book 271 at Pages 249-252 as document number 292169.

The above said lands contain an area of 4.064 hectares.

(4) Coles Island Marsh Unit

All that certain piece, parcel or lot of land, being situated at Coles Island Marsh in the Parish of Sackville, County of Westmorland, Province of New Brunswick, shown on Department of Transport Plan MT-0299, dated November 13, 1968 and titled “Plan Showing Land Required by Canada Department of Agriculture at Coles Island Marsh”, registered August 6, 1969 as instrument number 6577 in the Registry of Deeds for the County of Westmorland, said lands being more particularly described as follows:

Beginning at a survey marker situated at the intersection of the easterly limits of an unnumbered road passing through the Tantramar East and Coles Island Marshes, with the southerly bank of a creek, said creek forming at this point the boundary between the Tantramar East and Coles Island Marsh;

Thence north 40°45′51″ east, a distance of 160.63 feet along the above mentioned creek to a survey marker;

Thence continuing along the said creek, north 76°56′14″ east, a distance of 167.76 feet to a survey marker;

Thence continuing along the said creek, north 60°18′48″ east, a distance of 86.25 feet to a survey marker;

Thence continuing along the said creek, north 33°04′34″ east, a distance of 114.02 feet to a survey marker;

Thence south 43°29′36″ east, a distance of 766.59 feet to a survey marker;

Thence north 45°40′42″ east, a distance of 593.95 feet to a survey marker;

Thence south 43°35′48″ east, a distance of 386.67 feet to a survey marker;

Thence north 46°25′30″ east, a distance of 454.32 feet to a survey marker;

Thence south 43°20′36″ east, a distance of 243.02 feet to a survey marker;

Thence north 43°43′12″ east, a distance of 275.39 feet to a survey marker situated on the southerly bank of a creek, said creek forming at this point the boundary between the La Coupe and Coles Island Marsh;

Thence along the said creek, south 66°36′43″ east, a distance of 774.52 feet to a survey marker;

Thence continuing along the said creek, south 54°31′33″ east, a distance of 838.49 feet to a survey marker;

Thence continuing along the said creek, south 46°04′55″ east, a distance of 144.04 feet to a survey marker;

Thence south 43°16′07″ west, a distance of 467.46 feet to a survey marker;

Thence north 73°05′53″ west, a distance of 290.24 feet to a survey marker;

Thence north 44°41′50″ west, a distance of 581.52 feet to a survey marker;

Thence south 45°20′10″ west, a distance of 1180.18 feet to a survey marker;

Thence north 43°09′52″ west, a distance of 1200.90 feet to a survey marker;

Thence south 47°08′14″ west, a distance of 498.33 feet to a survey marker;

Thence north 44°30′01″ west, a distance of 1079.44 feet to a survey marker;

Thence north 21°21′59″ west, a distance of 50.73 feet to the Place of Beginning.

The above described lands contain an area of 64.176 acres.

All bearings are referenced to magnetic north for the year 1968.

Being and intended to be a portion of those same lands as described in a Quit Claim deed dated July 25, 1969 from Aubrey E. and Margaret Cook to H.M. in right of Canada, registered August 6, 1969 in Book 255 at Pages 856-859 as document No. 288064.

And also being and intended to be those same lands as described in an Indenture dated July 25, 1969 from Harold Cook to H.M. in right of Canada, registered August 6, 1969 in Book 255 at Pages 860-863 as document No. 288065.

14 (1) Item 2 of Part II of Schedule I to the French version of the Regulations is amended by replacing “l’Île Portage” with “l’Île-Portage”.

(2) The first paragraph of item 2 of Part II of Schedule I to the French version of the Regulations is amended by replacing “d’Île Portage ou Île Wattham” by “d’Île-Portage ou Île-Wattham”.

15 (1) The portion of item 3 of Part II of Schedule I to the French version of the Regulations before subitem (1) is amended by replacing “Réserve nationale de faune de Shepody” with “Réserve nationale de faune Shepody”.

(2) Subitem 3(1) of Part II of Schedule I to the French version of the Regulations is amended by replacing “Partie marais de Germantown” with “Secteur du marais de Germantown”.

(3) The portion of subitem 3(2) of Part II of Schedule I to the French version of the Regulations before the first paragraph is amended by replacing “Partie Mary’s Point” with “Secteur Mary’s Point”.

(4) The first paragraph of subitem 3(2) of Part II of Schedule I to the English version of the Regulations is amended by replacing “under Firstly to Ninthly” with “under Firstly to Tenthly”.

(5) Subitem 3(2) of Part II of Schedule I to the Regulations is amended by adding the following at the end of that subitem:

Tenthly, all that certain lot, piece or parcel of land situated at Mary’s Point, Parish of Harvey, County of Albert, and Province of New Brunswick, and being more particularly described as follows:

PART 1

Bounded northerly and westerly by public roads and by lands now or formerly of Addison Derry; southerly by lands now or formerly of Joseph W. Robinson; easterly by lands of Samuel Wilbur; containing 3.24 hectares (8 acres), more or less.

PART 2

Bounded northerly by upland now or formerly of Harvey A. Wilbur, being Part 1 above; easterly by lands now or formerly of Samuel Wilbur; southerly and westerly by lands now or formerly of William Long Jr.; containing 3.64 hectares (9 acres), more or less.

Being and intended to be those same lands as described in Transfer 24051402, dated June 21, 2007, from The Nature Conservancy of Canada to Crown Canada, Environment, registered June 26, 2007.

(6) The portion of subitem 3(3) of Part II of Schedule I to the French version of the Regulations before the first paragraph is amended by replacing “Partie New Horton” with “Secteur de New Horton”.

(7) The first paragraph of subitem 3(3) of Part II of Schedule I to the English version of the Regulations is amended by replacing “under Firstly to Sixthly” with “under Firstly to Ninthly”.

(8) Subitem 3(3) of Part II of Schedule I to the Regulations is amended by adding the following at the end of that subitem:

Seventhly, all that certain lot piece or parcel of land situated at Upper New Horton, Parish of Harvey, County of Albert, Province of New Brunswick, shown as Parcel 03-3 on Public Works and Government Services Canada Plan S-4813, dated April 10, 2003, as signed by Shane S. Flanagan, New Brunswick Land Surveyor, said Parcel 03-3 being more particularly described as follows:

Beginning at a survey marker (87) situated on an easterly boundary of lands now or formerly of Edward Bennett (PID 05030051) and on a southerly boundary of lands now or formerly of Charles Wesley Gillies and Jennifer Gillies (PID 05014733), as shown on the above mentioned plan, said survey marker (87) having grid coordinate values of east 2 639 641.992 metres and north 7 410 364.811 metres;

Thence following along the said southerly boundary of lands now or formerly of Charles Wesley Gillies and Jennifer Gillies (PID 05014733) 127°50′00″, a distance of 442.000 metres to a survey marker (88) situated on a westerly boundary of lands now or formerly of Patrick David Waddy (PID 05014675) and on an easterly limit of the New Horton Marsh;

Thence following along the said westerly boundary of lands now or formerly of Patrick David Waddy (PID 05014675), and along the said easterly limit of the New Horton Marsh in a generally southwesterly direction for a distance of 310 metres, more or less, to a calculated coordinate point (89) situated on a northerly boundary of lands now or formerly of Ducks Unlimited Canada (PID 05034079), said calculated coordinate point (89) being 204°43′17″, a distance of 309.062 metres from the last mentioned survey marker (88);

Thence following along the said northerly boundary of lands now or formerly of Ducks Unlimited Canada (PID 05034079) and along the centre of a brook, in a generally northwesterly direction for a distance of 490 metres, more or less, to a calculated coordinate point (90) situated on the aforesaid easterly boundary of lands now or formerly of Edward Bennett (PID 05030051) and on a westerly limit of the New Horton Marsh, said calculated coordinate point (90) being 304°31′49″, a distance of 448.000 metres from the last mentioned calculated coordinate point (89);

Thence following along the said easterly boundary of lands now or formerly of Edward Bennett (PID 05030051) and along the said westerly limit of the New Horton Marsh, in a generally northeasterly direction for a distance of 340 metres, more or less, to the Place of Beginning, said Place of Beginning being 26°36′32″, a distance of 333.189 metres from the last mentioned calculated coordinate point (90).

The above described Parcel 03-3 contains an area of 13 hectares, more or less.

All azimuths are grid-referenced to the New Brunswick Stereographic Double Projection System, NAD83 (CSRS) metric values.

Being and intended to be a portion of those lands as described in Transfer 20786753, from Ducks Unlimited Canada to H.M. in right of Canada, dated July 12, 2005 and registered August 17, 2005.

Eighthly, all that certain lot, piece or parcel of land situated at Upper New Horton, Parish of Harvey, County of Albert, Province of New Brunswick, shown as Parcel 03-4 on Public Works and Government Services Canada Plan S-4813, dated April 10, 2003, as signed by Shane S. Flanagan, New Brunswick Land Surveyor, said Parcel 03-4 being more particularly described as follows:

Beginning at a survey marker (86) situated on a northerly boundary of lands now or formerly of Victor C. Stone and Janet E. Stone (PID 00631440) and at the most westerly corner of the hereinafter described Parcel 03-4 and on the westerly limit of the New Horton Marsh, as shown on the above mentioned plan, said survey marker (86) having grid coordinate values of east 2 639 317.256 metres and north 7 409 846.450 metres;

Thence following along the said westerly limit of the New Horton Marsh in a generally northeasterly direction for a distance of 320 metres, more or less, to a calculated coordinate point (90) situated on a southerly boundary of Parcel 03-3, lands now or formerly of Ducks Unlimited Canada (PID 05034087), said calculated coordinate point (90) being 38°31′18″, a distance of 281.787 metres from the last mentioned survey marker (86);

Thence following along the said southerly boundary of said Parcel 03-3 and along the centre of a brook in a generally southeasterly direction for a distance of 490 metres, more or less, to a calculated coordinate point (89) situated on a westerly boundary of lands now or formerly of Grant W. Colpitts et al. (PID 00634568) and on an easterly limit of the New Horton Marsh, said calculated coordinate point (89) being 124°31′49″, a distance of 448.000 metres from the last mentioned survey marker (90);

Thence following along the said westerly boundary of lands now or formerly of Grant W. Colpitts et al. (PID 00634568) and on an easterly limit of the New Horton Marsh, in a generally southwesterly direction for a distance of 390 metres, more or less, to a survey marker (85) situated on the aforesaid northerly boundary of lands now or formerly of Victor C. Stone and Janet E. Stone (PID 0063 1440), said survey marker (85) being 220°01′49″, a distance of 320.505 metres from the last mentioned calculated coordinate point (89);

Thence following along the said northerly boundary of lands now or formerly of Victor C. Stone and Janet E. Stone (PID 00631440), 309°29′30″, a distance of 438.538 metres to the Place of Beginning.

The above described Parcel 03-4 contains an area of 13 hectares, more or less.

All azimuths are grid-referenced to the New Brunswick Stereographic Double Projection System, NAD83 (CSRS) metric values.

Being and intended to be a portion of those lands as described in Transfer 20786753, from Ducks Unlimited Canada to H.M. in right of Canada, dated July 12, 2005 and registered August 17, 2005.

Ninthly, all that certain lot, piece or parcel of land situated at Upper New Horton, Parish of Harvey, County of Albert, Province of New Brunswick, shown as Parcel 03-2 on Public Works and Government Services Canada Plan S-4812, entitled “Plan of Survey Showing Parcel 03-1 & 03-2 Land Required by H.M. in right of Canada at Upper New Horton Situated Southeast of Route 915, Parish of Harvey, County of Albert, Province of New Brunswick”, dated April 3, 2003, as signed by Shane S. Flanagan, New Brunswick Land Surveyor, registered April 11, 2003 as number 16079973.

Parcel 03-2 contains an area of 11 hectares, more or less.

All bearings are grid-referenced to the New Brunswick Stereographic Double Projection System, NAD83 (CSRS) adjusted values.

Being and intended to be a portion of those lands as described in Transfer 20786753, from Ducks Unlimited Canada to H.M. in right of Canada, dated July 12, 2005 and registered August 17, 2005.

(9) Item 3 of Part II of Schedule I to the Regulations is amended by adding the following after subitem (3):

(4) Grindstone Island Unit

All those parcels of land more particularly described under Firstly to Secondly as follows:

Firstly, all that certain piece or parcel of land situated at Grindstone Island, Parish of Harvey, County of Albert in the Province of New Brunswick abutted and bounded as follows, to wit:

Beginning at a stone monument standing near the bank or shore of the said Island on the southeastern side thereof;

Thence running northwesterly at right angles from the said bank or shore two chains and fifty links;

Thence northeasterly parallel to the said bank or shore two chains and twenty-five links;

Thence southeasterly parallel to the first mentioned course two chains and fifty links or to the said bank or shore;

Thence southwesterly along the various courses of same to the Place of Beginning.

Containing one half of an acre more or less.

Being those same lands as described in a Deed dated March 14, 1859 from The Rector, Church Wardens and Vestry of St. Ann’s Church to H.M. in right of Canada as registered in the Registry Office for the County of Albert on April 29, 1859 in Libro G on Page 317 as Document No. 2745.

Secondly, all that certain lot of land situated, lying and being on Grindstone Island, in Shepody Bay, in the Parish of Harvey, in the County of Albert and Province of New Brunswick and bounded and described as follows:

Beginning at a Blazed Fir Tree marked with the letters “M. & F.” on the southerly bank of Grindstone Island, in Shepody Bay;

Thence north 14°45′ west 263 feet to the northern shore of the island;

Thence following the shore, approximately south 73° west 550 feet, or to the most westerly point of the island;

Thence southeasterly, northeasterly, northwesterly, northeasterly and southwesterly along the shore to the point or place of beginning.

Containing 2.233 acres, more or less.

Being those same lands as described in an Indenture dated October 14, 1911 from The Rector, Church Wardens and Vestry of the Parish of St. Ann’s Church to H.M. in right of Canada as Registered in the Registry Office for the County of Albert on November 30, 1911 in Book U-1 at Pages 92-96.

16 Item 4 of Part II of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de Cap-Jourimain” with “Réserve nationale de faune du Cap-Jourimain”.

17 Item 5 of Part II of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de Portobello Creek” with “Réserve nationale de faune du Ruisseau-Portobello”.

18 Item 1 of Part III of Schedule I to the Regulations is replaced by the following:

1 Cap Tourmente National Wildlife Area

All those parcels of land, in the parishes of Saint-Joachim and Saint-Tite, in the Registration Division of Montmorency and described under Firstly to Seventhly as follows:

Firstly, those two parcels of land lying within the Federal Crown Lands and being southwesterly of line OQ1 to OQ2 to 56 as shown on Plan 61025 recorded in the Canada Lands Surveys Records at Ottawa; said two parcels described under First and Second as follows:

First, that parcel containing parts of lots and lots P.1, P.2, 392 and a part of lot without cadastral designation as shown on Plan 61025 recorded in said records as well as parts of lots and lots P.1, P.2 (ferme du Cap-Tourmente), P.3 (ferme de la Friponne), P.4 (petite ferme), P.5 (ferme Chevalier) and 392 as shown on Plan 61024 recorded in said records as well as parts of lots and lots P.4 (petite ferme) and 392 as shown on Plan 61023 recorded in said records;

Second, that parcel containing parts of lots and lots P.71 (grande ferme), P.72 (ferme de la grande pièce), 73, 74, 75, 246, 248 and 391 as shown on Plan 61023 recorded in said records; except the Canadian National Railways and the Canadian Government Railways rights-of-way;

Secondly, parcels II and III of lot P.27, parcel II of lot P.28 lying southeasterly of lot 456, parcel III of lot P.28, parcels I and II of lot P.30, parcels I and II of lot P.31, parcels I and II of lot P.45 designated by number 9, parcels I and II of lot P.45 designated by number 10, parcel II of lot P.45 lying south of lot 456 and designated by number 8, parcels II and III of lot P.54, parcels I and II of lot P.56 designated by number 12, parcels I and II of lot P.56 designated by number 13, parcels II, III and IV of lot P.57 designated by number 14, parcels I and II of lot P.57 designated by number 15; as shown on Plan 61360 recorded in said records;

Thirdly, parts of lots and lots P.22, P.77, 78, P.247, P.249, 250, P.251, 252, P.253, 255 and P.256 as shown on Plan 65904 recorded in said records;

Fourthly, parts of lots and lots P.72 and P.85 as shown on Public Works Canada, Real Estate Services plan EM-89-7007 of March 21, 1989;

Fifthly, parcels I and II containing parts of lots 4 Ptie and 5 Ptie as shown on Public Works Canada, Real Estate Services plan BM-91-7302 of February 14, 1991;

said parcel II being contained within parcel I for right-of-way easement according to said plan BM-91-7302;

Sixthly, parcels I to V and parcel VIII containing parts of lots and lots 68 Ptie, 71 Ptie, 107 Ptie, 108 Ptie, 109 Ptie, 110 Ptie, 111 Ptie, 114 Ptie, 115 Ptie, 116 Ptie, 118 Ptie, 127 Ptie, 128 Ptie, 129 Ptie, 130 Ptie, 134 Ptie, 135 Ptie, 69-1, 70, 112, 113, 117, 119, 125, 126, 131 and an old road shown in its original state; as shown on Public Works Canada, Real Estate Services plan AM-92-7485 of February 23, 1992;

said parcel VIII being contained within parcel I for right-of-way easement according to said plan AM-92-7485;

Seventhly, parcels VI and VII containing lot 68 Ptie as shown on said plan AM-92-7485;

said parcel VI for hunting right easement according to said plan AM-92-7485;

said parcel VII being contained within parcel VI for right-of-way easement according to said plan AM-92-7485.

19 The portion of item 2 of Part III of Schedule I to the French version of the Regulations before subitem (1) is amended by replacing “Réserve nationale de faune des îles de Contrecœur” with “Réserve nationale de faune des Îles-de-Contrecœur”.

20 Item 3 of Part III of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune des îles de la Paix” with “Réserve nationale de faune des Îles-de-la-Paix”.

21 Item 4 of Part III of Schedule I to the Regulations is amended by replacing “Lac Saint-François National Wildlife Area” with “Lake Saint-François National Wildlife Area”.

22 Item 5 of Part III of Schedule I to the Regulations is replaced by the following:

5 Pointe de l’Est National Wildlife Area

All those lots hereunder described being part of the cadastre of Quebec, registration division of Îles-de-la-Madeleine, municipality of Grosse-Île:

1 Lot 3 776 780 as described in the deeds registered on May 20, 1997 under number 41794 and on July 23, 1998 under number 43099.

2 Lot 3 776 783 as described in the deeds registered on November 24, 1975 under number 12580 and on November 18, 1977 under number 15276.

3 Lot 3 776 786 as described in the deeds registered on November 7, 1975 under numbers 12522, 12523 and 12524, on March 19, 1976 under number 12932 and on June 8, 1976 under number 13172.

4 Lot 3 776 787 as described in a deed registered on December 30, 1992 under number 36488.

5 Lot 3 776 799 as described in the deeds registered on May 20, 1997 under number 41794 and on July 23, 1998 under number 43099.

6 Lot 3 776 803 as described in the deeds registered on November 24, 1975 under number 12580 and on November 18, 1977 under number 15276.

7 Lot 3 776 806 as described in a deed registered on December 30, 1992 under number 36488.

8 Lot 3 776 807 as described in the deeds registered on November 7, 1975 under numbers 12520, 12521, 12522, 12523 and 12524, on November 24, 1975 under number 12581, on January 8, 1976 under number 12731, on March 19, 1976 under number 12932, on April 12, 1976 under numbers 13018 and 13019, on June 8, 1976 under number 13172, and on January 21, 1977 under numbers 14028 and 14029.

9 Lot 3 776 809 as described in a deed registered on March 10, 1997 under number 41587.

10 Lot 3 776 810 as described in a deed registered on June 8, 1976 under number 13171.

11 Lot 3 776 812 as described in a deed registered on June 8, 1976 under number 13170.

12 Lot 3 776 814 as described in a deed registered on September 13, 1976 under number 13573.

13 Lot 3 776 815 as described in a deed registered on December 12, 1975 under number 12667.

14 Lot 3 776 816 as described in a deed registered on May 9, 2005 under number 12 283 959.

15 Lot 3 776 817 as described in a deed registered on April 12, 1976 under number 13017.

16 Lot 3 776 818 as described in a deed registered on December 12, 1975 under number 12667.

17 Lot 3 776 819 as described in a deed registered on May 9, 2005 under number 12 283 959.

18 Lot 3 776 820 as described in a deed registered on April 12, 1976 under number 13017.

19 Lot 3 776 822 as described in a deed registered on March 4, 1976 under number 12890.

20 Lot 3 776 823 as described in the deeds registered on March 25, 1996 under numbers 40561 and 40562, on March 29, 1996 under number 40576, on July 9, 1996 under number 40843, on March 5, 1997 under numbers 41573 and 41574, on June 26, 1997 under number 41926, and on July 18, 1997 under number 42045.

21 Lot 3 776 824 as described in a deed registered on March 29, 1996 under number 40576.

22 Lot 3 776 825 as described in the deeds registered on November 7, 1975 under number 12519 and on September 13, 1976 under number 13574.

23 (1) Item 6 of Part III of Schedule I of the Regulations is amended by replacing “Baie de l’Isle-Verte National Wildlife Area” with “Baie de L’Isle-Verte National Wildlife Area”.

(2) Item 6 of Part III of Schedule I to the Regulations is amended by renumbering the text after “Baie de L’Isle-Verte National Wildlife Area” as subitem (1) and by replacing the portion of that subitem before “Firstly” with the following:

(1) In the municipality of L’Isle-Verte, all those designated lots and parts of lots including the undesignated river lots of the parish of Saint-Jean-Baptiste-de-l’Île-Verte in the registration division of Témiscouata and which may be more particularly described under Firstly to Fifthly as follows:

(3) Subitem 6(1) of Part III of Schedule I to the Regulations is amended by adding the following at the end of that subitem:

Less, a part of said lot 79 bounded toward the south-east by another part of lot 79 (Road No. 132), toward the south-west by lot 81 and toward the north-west and the north-east by other parts of lot 79; measuring 6.20 metres toward the south-east, 10.84 metres toward the south-west, 6.20 metres toward the north-west and 10.82 metres toward the north-east; containing about 66.0 mfootnote 2.

Less, a part of said lot 272 bounded toward the south-east by another part of lot 272 (Road No. 132), toward the south-west by lot 273, toward the north-west and the north-east by other parts of lot 272; measuring 22.43 metres toward the south-east, 38.94 metres toward the south-west, 20.12 metres toward the north-west and 47.53 metres toward the north-east; containing about 869.9 mfootnote 2.

(4) Item 6 of Part III of Schedule I to the Regulations is amended by adding the following after subitem (1):

(2) In the municipality of Cacouna, a part of Block 2 of the official cadastre of the parish of Cacouna, Registration Division of Témiscouata, being parcel 4 shown on plan AM-99-8640 prepared by Public Works and Government Services Canada and dated April 13, 1999.

Less part of said Block 2 containing 149.4 mfootnote 2 as shown on plan D2000-8730 prepared by Public Works and Government Services Canada and dated January 27, 2000.

Less a part of said Block 2 bounded toward the northwest, the northeast and the southwest by a part of Block 2 and toward the southeast by a part of lot 111, containing an area of 256.9 mfootnote 2, being parcel 10 shown on a plan prepared by Laval Ouellet, QLS on January 11th 2011 under number 4153 of his records.

24 Item 7 of Part III of Schedule I to the Regulations is replaced by the following:

7 Estuary Islands National Wildlife Area

(1) In the Registration Division of Rimouski:

Bicquette Island, situated in the proximity of Du Bic Island at approximate latitude 48°24.9′N and approximate longitude 68°53.4′W, designated as lot 3 662 493 on the cadastre of Quebec and described in a deed of conveyance registered at the Department of the Secretary of Canada on December 9, 1870 under number 2548.

Except, a part of said lot 3 662 493 having an area of 6358 square metres, designated as parcel 1 on a plan bearing number DMADC-Q-05537 of the Canadian Coast Guard, Laurentian Region, prepared by Roger Boisclair, Quebec Land Surveyor, on September 30, 1987, as number 1820 of his minutes.

(2) In the Registration Division of Kamouraska:

Those islands in the St. Lawrence River, including their foreshores and reefs, more particularly described as follows:

Firstly,

(a) Blanche Island, situated about 2.4 km northeast from the northeasterly point of Aux Lièvres Island at approximate latitude 47°55.7′N and approximate longitude 69°40.4′W, designated as lot 4 788 273 of the cadastre of Quebec.

(b) Aux Fraises Island, situated about 3.2 km southwest from the southwesterly point of Aux Lièvres Island at approximate latitude 47°45.6′N and approximate longitude 69°48.3′W, designated as lot 4 788 262 of the cadastre of Quebec.

These islands being described in a deed registered on April 3, 1980, in the Registry Office for the Kamouraska Registration Division under number 121547.

Secondly,

That part of Du Pot du Phare Island, fronting the City of Rivière-du-Loup and near Aux Lièvres Island at approximate latitude 47°52.3′N and approximate longitude 69°41′W, designated as lot 4 788 265 of the cadastre of Quebec, including its foreshore designated as lot 4 788 263 of the cadastre of Quebec. Du Pot du Phare Island being the property of the Federal Government in accordance with the expropriation documents registered in the Registry Office for the Témiscouata Registration Division on September 16, 1913.

Those islands in the St. Lawrence River, described as follows:

Thirdly,

That part of the island known as Le Long Pèlerin Island, designated as lot 4 788 256 of the cadastre of Quebec, as described in the Deed of Discharge (Quit Claim) in favour of the Federal Government and registered on June 20, 1928, in the Kamouraska Registration Office under number 47445.

Fourthly,

The island known as La Grande Île, designated as lot 4 007 074 of the cadastre of Quebec and described in the deed registered on June 10, 1861, in the Kamouraska Registration Office under number 9159.

Except a part of said lot 4 007 074 containing the navigational aid installations of the Department of Fisheries and Oceans (Canadian Coast Guard). Said island and part of said island are shown on a plan bearing number EM-79-4913 of Public Works and Government Services Canada prepared by Maurice Martineau, QLS on November 6, 1979.

Fifthly,

The islands of Kamouraska known under the names Brûlée Island, De la Providence Island and Les Rochers, designated as lots 4 007 069, 4 007 070, 4 007 071 and 4 007 073 of the cadastre of Quebec, including the rocks (bearing no cadastral number) situated to the northeast and to the southwest of Brûlée Island and to the northeast of De la Providence Island. These islands are described in the deed registered in the Kamouraska Registration Office on March 28, 1980, under number 121477.

25 (1) The portion of item 1 of Part IV of Schedule I to the French version of the Regulations before subitem (1) is amended by replacing “Réserve nationale de faune du ruisseau Big Creek” with “Réserve nationale de faune du Ruisseau-Big”.

(2) The portion of subitem 1(1) of Part IV of Schedule I to the French version of the Regulations before the first paragraph is amended by replacing “Partie Big Creek” with “Secteur du Ruisseau-Big”.

(3) The fourth paragraph of subitem 1(1) of Part IV of Schedule I to the French version of the Regulations is amended by replacing “ruisseau Big Creek” with “Ruisseau-Big”.

(4) Subitem 1(2) of Part IV of Schedule I to the French version of the Regulations is amended by replacing “Partie marais Hahn” with “Secteur du marais Hahn”.

26 (1) Item 2 of Part IV of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de l’île Eleanor” with “Réserve nationale de faune de l’Île-Eleanor”.

(2) The first paragraph of item 2 of Part IV of Schedule I to the French version of the Regulations is amended by replacing “l’île Eleanor” with “l’Île-Eleanor”.

27 (1) Item 3 of Part IV of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de l’île Mohawk” with “Réserve nationale de faune de l’Île- Mohawk”.

(2) The first paragraph of item 3 of Part IV of Schedule I to the French version of the Regulations is amended by replacing “d’île Mohawk” with “d’Île-Mohawk”.

28 Item 3.1 of Part IV of Schedule I to the Regulations is replaced by the following:

3.1 Long Point National Wildlife Area

Being all those parcels of land, in the geographic township of South Walsingham, county of Norfolk, formerly in the regional municipality of Haldimand-Norfolk, described as all of Long Point Block Number One; the part of Block Number two and part of Block Number three being designated as Part 1 on Plan 37R-11160 as registered in the Land Registry Office of Norfolk County; Block Number Four; Lots One, Two and Three in Block Number Five; Block Number Six; Lots One to Eleven in Block Number Seven; Block Number Eight; Block Number Nine; Block Number Ten; Block Number Eleven; Block Number Twelve, save and except that part of Block Number Twelve designated as Part 1 on Plan No. 37R-1354 as registered in the Land Registry Office of Norfolk County; part of Block Number Sixteen, being designated as Part 1 on Plan 37R-1303 in the Land Registry Office of Norfolk County, and whole of Part 1, Part 2 and Part 3 of Plan 37R-2507 at said Land Registry Office, as said parts are patented by said instrument No. 390158 and identified therein as Parcels “B” and “BB”. Together with all the lands adjacent to the said Lots and Blocks on Long Point that on the 4th day of May, 1866 lay outside the traverse lines of survey of the outline of Long Point, shown on a plan of survey by James Black, Provincial Land Surveyor dated the 24th day of April, 1856;

Saving and excepting from the above described Lots, Blocks and Parts, a strip of land along the water’s edge of Lake Erie and Long Point Bay, having a depth of 132 feet from said water’s edge; said strip being excepted for fishing purposes, but reserving always free access across the same in the rear thereof as set out in the original grant from the Crown for the said Lots and Blocks;

Said remainder containing 3162 hectares (7815 acres) more or less.

29 (1) The portion of item 4 of Part IV of Schedule I to the French version of the Regulations before the first paragraph is amended by replacing “Réserve nationale de faune du Lac Mississippi” with “Réserve nationale de faune du Lac- Mississippi”.

(2) The first paragraph of item 4 of Part IV of Schedule I to the English version of the Regulations is amended by replacing “under Firstly to Fifthly” with “under Firstly to Sixthly”.

(3) Item 4 of Part IV of Schedule I to the Regulations is amended by adding the following at the end of that item:

Sixthly, those portions of Part of Lot 22, Concession 10, of the said Township of Drummond shown as Part 3, on a plan of survey filed in said office as Plan number R73.

Said parcels containing about 261.8 hectares.

30 (1) Subitem 5(1) of Part IV of Schedule I to the French version of the Regulations is amended by replacing “Partie St. Clair” with “Secteur de St. Clair”.

(2) Subitem 5(2) of Part IV of Schedule I to the Regulations is replaced by the following:

(2) Bear Creek Unit

Being all those parcels of land more particularly described under Firstly to Thirdly as follows:

Firstly, all those parcels being parts of lots 18, 19 and 20, in concession 16, in the County of Kent, in the Township of Dover east, designated as parts 1, 3, 5 and 6 in the deed registered in the Land Registry Office for the registration division of the County of Kent at Chatham as Instrument No. 419841; said parcels are shown on a plan deposited in said registry office as Number 24R-3414; said parcels containing together about 46.53 hectares.

Secondly, Lot 41, West of Baldoon Road, in the said Township of Dover, save and except those lands shown as Part 1 on Reference Plan 24R-6933.

Thirdly, that part of Lot 40, West of the Baldoon Road, in the said Township of Dover, which is more particularly described as follows: Commencing at the most northerly or northeasterly angle of said Lot 40; Thence westerly or southwesterly along the line between Lots 40 and 41, a distance of one thousand two hundred and ten feet (1210′) to a point; Thence southerly or southeasterly at right angles to the said line between Lots 40 and 41, six hundred and thirty feet (630′); Thence easterly or northeasterly and parallel to the said line between Lots 40 and 41, one thousand two hundred and ten feet (1210′) more or less to the easterly limit of said Lot 40; Thence northerly or northwesterly along the northeasterly limit of said Lot 40, a distance of six hundred and thirty feet (630′) more or less to the place of beginning.

Said parcels containing about 109 hectares.

31 Item 6 of Part IV of Schedule I to the French version of the Regulations is amended by replacing “baie Wellers” with “Wellers Bay”.

32 Item 7 of Part IV of Schedule I to the French version of the Regulations is amended by replacing “marais Wye” with “Marais-Wye”.

33 Item 8 of Part IV of Schedule I to the Regulations is replaced by the following:

8 Prince Edward Point National Wildlife Area

Being all those parcels of land, in the County of Prince Edward, in the Township of South Marysburgh, being more particularly described under Firstly to Sixthly as follows:

Firstly, those parts of lots 7 and 8 designated as Part 1 and Part 3 on a plan deposited in the Land Registry Office for the Registry Division of Prince Edward (No. 47) at Picton as Plan 47R-1764 and in Canada Lands Surveys Records as No. 66296.

Secondly, those parts of lots 11, 12, 13 and 14 described as Parts 1, 2, 4 and 6 on a plan deposited in the Land Registry Office for the Registry Division of Prince Edward as Plan 47R-2194.

Thirdly, those parts of lots 9, 10 and 11 described as Parts 1 and 3 on a plan of survey deposited in the Land Registry Office for the Registry Division of Prince Edward as Plan 47R-2194.

Fourthly, those parts of lot 8 described as Part 1 on a plan deposited in the Land Registry Office for the Registry Division of Prince Edward as Plan 47R-1609.

Fifthly, those parts of lot 7 described as Part 1 on a plan of survey deposited in the Land Registry Office for the Registry Division of Prince Edward as Plan 47R-2269.

Sixthly, that parcel of land under water in front of Lot 13 being composed of a water lot described in Plan 47R-P1C and transferred via instrument No. 5128. It is further described by Provincial Order In Council 1645/54, June 17, 1954.

Said parcels containing together about 512.9 hectares.

34 Item 9 of Part IV of Schedule I to the French version of the Regulations is amended by replacing “Île Scotch Bonnet” with “Île-Scotch Bonnet”.

35 Subitems 2(1) to (27) of Part VI of Schedule I to the French version of the Regulations are amended by replacing “Partie numéro” with “Secteur numéro”.

36 Item 4 of Part VI of Schedule I to the English version of the Regulations is amended by replacing “St. Denis National Research Area” with “St-Denis National Wildlife Area”.

37 Item 6 of Part VI of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune Webb” with “Réserve nationale de faune de Webb”.

38 Item 7 of Part VI of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de Raven Island” with “Réserve nationale de faune de l′Île-Raven”.

39 (1) The portion of item 8 of Part VI of Schedule I to the French version of the Regulations before subitem (1) is amended by replacing “Réserve nationale de faune de Last Mountain Lake” with “Réserve nationale de faune du Lac-Last-Mountain”.

(2) Subitem 8(1) of Part VI of Schedule I to the French version of the Regulations is amended by replacing “Partie de Last Mountain Lake” with “Secteur du Lac-Last-Mountain”.

(3) Subitem 8(2) of Part VI of Schedule I to the French version of the Regulations is amended by replacing “Partie de Saline Creek” with “Secteur du ruisseau Saline”.

(4) Subitem 8(3) of Part VI of Schedule I to the French version of the Regulations is amended by replacing “Partie ouest” with “Secteur ouest”.

(5) Subitem 8(4) of Part VI of Schedule I to the French version of the Regulations is amended by replacing “Partie est” with “Secteur est”.

40 Item 3 of Part VII of Schedule I to the French version of the Regulations is amended by replacing “Lac Spiers” with “Lac-Spiers”.

41 Item 4 of Part VII of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de la base des Forces canadiennes Suffield” with “Réserve nationale de faune de la Base des Forces canadiennes Suffield”.

42 Item 1 of Part VIII of Schedule I to the Regulations is replaced by the following:

1 Alaksen National Wildlife Area

In the Province of British Columbia; in Group 2, New Westminster Land District; in the Delta District Municipality;

All those parcels of land more particularly described under Firstly to Thirdly as follows:

Firstly, the whole of District Lot 479 (Albion Island);

Secondly, that parcel being the whole of Parcel F of District Lots 190, 192A, 193, 194, 597 and 598, as shown on Reference Plan 57378 deposited in the land title office at New Westminster, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 79512, containing about 283.15 hectares save and except thereout:

That part of Parcel F, lying south of Robertson Slough, being more particularly described as:

Commencing at an iron post at the southeast corner of the 43.6 acre parcel shown on Plan 10429, deposited in said office; thence west, following the south boundary of said 43.6 acre parcel, a distance of 487.75 metres more or less to an iron post shown on Plan 10429, deposited in said office; thence on a bearing of 28°06′30″ a distance of 152.22 metres more or less to an iron post; thence on a bearing of 352°12′30″ a distance of 146.12 metres more or less to an iron post; thence due east a distance of 121.92 metres more or less to an iron post; thence due south a distance of 60.96 metres more or less to an iron post; thence due east a distance of 213.82 metres more or less to an iron post; thence on a bearing of 40°21′00″ a distance of 121.15 metres more or less to an iron post; thence on a bearing of 105°47′00″ a distance of 22.50 metres more or less to an iron post; thence due south, following the east boundary of said 43.6 acre parcel, a distance of 304.29 metres more or less to the point of commencement.

The described parcel is shown on drawing No. SK. 3122, prepared by and on file with the Department of Public Works and Government Services , Property Services, in Vancouver, BC.

Thirdly, that parcel being the southwest portion of District Lot 192A, as shown on the sketch with Crown Grant 8345F deposited in said office, containing about 30.4 hectares, save and except thereout: Parcel A on Reference Plan 1079 deposited in said office and that part containing 0.15 acre more or less on said Reference Plan 1079; and that part as shown on the plan attached with the By-law filed as 15778 in said office; and that part as shown on Reference Plan 10429 deposited in said office.

43 Item 2 of Part VIII of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de la vallée Widgeon” with “Réserve nationale de faune de la Vallée- Widgeon”.

44 Item 3 of Part VIII of Schedule I to the Regulations is replaced by the following:

3 Columbia National Wildlife Area

(1) Wilmer Unit

In the Province of British Columbia; in Kootenay District;

All those parcels of land containing sublots 2, 3, 4, 5, 6, 9, 11 and parcel A in sublot 13, all in District Lot 377 in said District as shown on plan X-15 deposited in the Land Title Office at Nelson; the whole of District Lot 3946 and Lot 14 of District Lot 4596 in said District as shown on plan X-32 deposited in said Office containing about 456.43 hectares.

(2) Brisco Unit

In the Province of British Columbia; in Kootenay District;

All those parcels more particularly described under Firstly to Secondly as follows:

Firstly, that parcel being the whole of District Lot 1907 as shown on Plan 9Tr1-Kootenay, deposited in the Crown Land Registry at Victoria containing about 87.89 hectares;

Secondly, that parcel being District Lot 11383 as shown on Plan 28Tr32-Kootenay, deposited in said registry, save and except thereout: statutory right of way within District Lot 11383 shown on Plan 70657, deposited in the Land Title Office at Kamloops; and that portion of Brisco Road No. 9, within District Lot 11383, shown on Plan 22153 and Plan 92700, both plans deposited in said office containing about 68.75 hectares.

(3) Spillimacheen Unit

In the Province of British Columbia; in Kootenay District;

All those parcels more particularly described under Firstly to Fifthly as follows:

Firstly, that parcel being the whole of Block “D” of District Lot 9004 as shown on Plan 17Tr1, deposited in the Crown Land Registry at Victoria containing about 32.4 hectares;

Secondly, that parcel being the whole of District Lot 11457 as shown on Plan 17Tr1, deposited in said registry containing about 20.57 hectares;

Thirdly, that parcel being the whole of District Lot 11105 as shown on Plan 27Tr27, deposited in said registry, save and except thereout, that portion of road, within District Lot 11105, shown on Plan 92689, deposited in the Land Title Office at Kamloops containing about 38.04 hectares;

Fourthly, that parcel being the whole of District Lot 11453 as shown on Plan 29Tr32, deposited in said registry containing about 53.56 hectares;

Fifthly, that parcel being the whole of District Lot 11387 as shown on Plan 29Tr32, deposited in said registry containing about 58.8 hectares.

(4) Harrogate Unit

In the Province of British Columbia; in Kootenay District;

All those parcels of land containing Lot “A”, District Lots 349, 9002 and 9571 in said District as described in Certificate of Indefeasible Title No. T16112 in the Land Title Office at Nelson and received for registration on July 4, 1984 containing about 184.46 hectares;

Subject to the provisions of the Land Title Act of the Province of British Columbia as outlined in Charge No. T21751 attached to said Title and dated October 1, 1983.

45 (1) The portion of item 4 of Part VIII of Schedule I to the French version of the Regulations before subitem (1) is amended by replacing “Réserve nationale de faune de Qualicum” with “Réserve nationale de faune Qualicum”.

(2) Subitem 4(1) of Part VIII of Schedule I to the Regulations is replaced by the following:

(1) Marshall-Stevenson Unit

In the Province of British Columbia; in Newcastle District;

All those parcels of land containing the whole of Lot B of District Lots 9, 11, and 110 shown on Plan 27752 deposited in the Land Title Office at Victoria containing about 29.7 hectares.

(3) Subitem 4(2) of Part VIII of Schedule I to the French version of the Regulations is amended by replacing “Partie Nanoose Bay” with “Secteur de Nanoose Bay”.

(4) Item 4 of Part VIII of Schedule I to the Regulations is amended by adding the following after subitem (2):

(3) Rosewall Creek Unit

In the Province of British Columbia; in the Newcastle District, Courtney Assessment Area all those parcels described as follows:

Firstly, Lot 1, District Lot 50, according to Plan 30253, subject to exceptions and reservations M76300 in favour of Esquimalt and Nanaimo Railway Company, deposited in the Land Titles Office of Victoria; said lot containing about 1.06 hectares.

Secondly, that part of District Lot 35, shown outlined in red on Plan 819R, except those parts in Plans 22461 and 25870, subject to exceptions and reservations M76300 in favour of Esquimalt and Nanaimo Railway Company, deposited in the Land Titles Office of Victoria; said lot containing about 6.13 hectares.

Thirdly, that part of District Lot 35, lying to the north of the right of way of the Esquimalt and Nanaimo Railway Company as said right of way is shown on Plan deposited under DD 8419F, except that part shown outlined in red on Plan 819R, subject to exceptions and reservations M76300 in favour of Esquimalt and Nanaimo Railway Company, deposited in the Land Titles Office of Victoria; said lot containing about 0.86 hectares.

Fourthly, District Lot 50, except Parcels A and B (DD 17521N) and except that part shown coloured red on Plan deposited under DD 5965F and except those parts in Plans 9853, 16921 and 17928, subject to exceptions and reservations M76300 in favour of Esquimalt and Nanaimo Railway Company, deposited in the Land Titles Office of Victoria; said lot containing about 10.91 hectares.

46 Item 5 of Part VIII of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune de Vaseux-Bighorn” with “Réserve nationale de faune Vaseux- Bighorn”.

47 Part IX of Schedule I to the Regulations is repealed.

48 Item 1 of Part X of Schedule I to the French version of the Regulations is amended by replacing “Réserve nationale de faune du delta de la rivière Nisutlin” with “Réserve nationale de faune du Delta-de-la-Rivière-Nisutlin”.

49 Part XI of Schedule I to the Regulations is amended by adding the following after item 3:

4 Nanuit Itillinga National Wildlife Area

Being all that parcel, on Bathurst Island and adjoining waters, being more particularly described as follows:

All topographic features hereinafter referred to being according to Edition 1 of the Graham Moore Bay and McDougall Sound map sheets numbers 68G and 68H respectively, of the National Topographic System, produced at a scale of 1:250,000 by the Army Survey Establishment, R.C.E. at Ottawa, all coordinates quoted herein being Universal Transverse Mercator coordinates in Zone 14;

Commencing at a point near Rapid Point having coordinates 8 421 000 north and 540 000 east; thence southerly to a point having coordinates 8 412 000 north and 537 600 east; thence southwesterly to a point having coordinates 8 406 700 north and 531 300 east; thence southeasterly to a point near Black Point having coordinates 8 401 500 north and 545 500 east; thence southerly to a point having coordinates 8 373 800 north and 545 700 east; thence southeasterly to a point having coordinates 8 368 700 north and 549 200 east; thence southwesterly to a point near Brooman Point having coordinates 8 367 000 north and 548 000 east; thence northwesterly to a point having coordinates 8 372 000 north and 542 500 east; thence northerly to a point having coordinates 8 380 000 north and 541 600 east; thence northwesterly to a point having coordinates 8 383 300 north and 536 200 east; thence westerly to a point having coordinates 8 383 300 north and 472 600 east; thence northwesterly to a point having coordinates 8 384 900 north and 470 900 east; thence northerly to a point having coordinates 8 386 100 north and 470 800 east; thence northeasterly to a point having coordinates 8 388 100 north and 475 600 east; thence northerly to a point having coordinates 8 398 600 north and 476 400 east; thence southwesterly to a point having coordinates 8 390 000 north and 440 000 east; thence northerly to a point having coordinates 8 410 000 north and 440 000 east; thence easterly to a point having coordinates 8 410 000 north and 500 000 east; thence northeasterly to the point of commencement.

All the said parcel containing about 2624 kmfootnote 2.

Saving, excepting and reserving thereout and therefrom all mines and minerals, whether solid, liquid or gaseous and the right to work the same.

5 Nirjutiqarvik National Wildlife Area

All latitudes and longitudes hereinafter described refer to the 1927 North American Datum; all topographic features hereinafter referred to being according to Edition 1 of the National Topographic Series Map 48H & 38G Lady Ann Strait and Edition 2 of the National Topographic Series Map 39B Clarence Head, produced at a scale of 1:250,000 by the Surveys and Mapping Branch, Department of Energy, Mines and Resources at Ottawa;

In Nunavut;

At Coburg Island;

All that tract of land and land covered by water lying in the vicinity of Lady Ann Strait, more particularly described as follows:

All of the island known as Coburg Island, the centre of which having approximate latitude 75°57′50″ and approximate longitude 79°19′30″; and also all that land covered by water immediately adjacent to said Coburg Island and extending 10 km from the ordinary high-water mark thereof.

50 The Regulations are amended by adding, after Schedule I, the Schedule I.1 set out in Schedule 1 to these Regulations.

51 Schedule III to the Regulations is replaced by the Schedule III set out in the Schedule 2 to these Regulations.

52 The French version of the Regulations is amended by replacing “de Cap-Tourmente”, “du Cap Tourmente” and “de Cap Tourmente” with “du Cap-Tourmente” in the following provisions:

Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations

53 Paragraphs 1(a) and (b) of the schedule to the Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulationsfootnote 2 are replaced by the following:

Item

Column 2

Provisions

1
  • (a) paragraphs 3(1)(a) to (f), (k) to (n), (p) to (s) and (u)
  • (b) subsection 3(2)
  • (c) subsection 3.8(4)
  • (d) paragraph 8.1(3)(b)
54 The schedule to the Regulations is amended by adding the following after item 1:

Item

Column 1

Regulations

Column 2

Provisions

2

Scott Islands Protected Marine Area Regulations

subsection 2(1)

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

55 Division 2 of Part 2 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulationsfootnote 3 is replaced by the following:

DIVISION 2

Wildlife Area Regulations

Item

Column 1

Provision

Column 2

Violation Type

1

3(1)(a)

B

2

3(1)(b)

B

3

3(1)(c)

B

4

3(1)(d)

B

5

3(1)(e)

C

6

3(1)(f)

C

7

3(1)(g)

B

8

3(1)(h)

B

9

3(1)(i)

A

10

3(1)(j)

A

11

3(1)(k)

B

12

3(1)(l)

A

13

3(1)(m)

A

14

3(1)(n)

A

15

3(1)(o)

A

16

3(1)(p)

B

17

3(1)(q)

B

18

3(1)(r)

B

19

3(1)(s)

C

20

3(1)(t)

C

21

3(1)(u)

B

22

3(2)

B

23

3.3(1)(a)

A

24

3.3(1)(b)

A

25

3.3(1)(c)

A

26

3.3(1)(d)

A

27

3.3(1)(e)

A

28

3.3(1)(f)

A

29

3.3(1)(g)

A

30

3.3(1)(h)

A

31

3.3(1)(i)

A

32

3.3(1)(j)

A

33

3.3(1)(k)

A

34

3.3(1)(l)

A

35

3.3(2)

B

36

3.8(4)

B

37

5(a)

A

38

5(b)

A

39

8.1(3)(a)

A

40

8.1(3)(b)

A

DIVISION 3

Scott Islands Protected Marine Area Regulations

Item

Column 1

Provision

Column 2

Violation Type

1

2(1)(a)

B

2

2(1)(b)

B

3

2(1)(c)

C

4

2(1)(d)

B

5

2(1)(e)

B

6

2(1)(f)

B

Coming into Force

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

SCHEDULE 1

(Section 50)

SCHEDULE I.1

(Subsections 3.1(1) and (3) and 3.2(1))

Activities Authorized in Certain Wildlife Areas

PART I

Nova Scotia

John Lusby Marsh National Wildlife Area
Sand Pond National Wildlife Area
Boot Island National Wildlife Area
Wallace Bay National Wildlife Area
Sea Wolf Island National Wildlife Area
Chignecto National Wildlife Area

PART II

New Brunswick

Tintamarre National Wildlife Area
Portage Island National Wildlife Area
Shepody National Wildlife Area
Cape Jourimain National Wildlife Area
Portobello Creek National Wildlife Area

PART III

Quebec

Cap Tourmente National Wildlife Area
Îles de Contrecœur National Wildlife Area
Lake Saint-François National Wildlife Area
Pointe de l’Est National Wildlife Area
Baie de L’Isle-Verte National Wildlife Area
Estuary Islands National Wildlife Area
Pointe-au-Père National Wildlife Area

PART IV

Ontario

Big Creek National Wildlife Area
Mohawk Island National Wildlife Area
Long Point National Wildlife Area
Mississippi Lake National Wildlife Area
St. Clair National Wildlife Area
Wye Marsh National Wildlife Area
Prince Edward Point National Wildlife Area

PART V

Manitoba

Pope National Wildlife Area
Rockwood National Wildlife Area

PART VI

Saskatchewan

Bradwell National Wildlife Area
Prairie National Wildlife Area
Stalwart National Wildlife Area
Tway National Wildlife Area
Webb National Wildlife Area
Raven Island National Wildlife Area
Last Mountain Lake National Wildlife Area

PART VII

Alberta

Blue Quills National Wildlife Area
Spiers Lake National Wildlife Area

PART VIII

British Columbia

Alaksen National Wildlife Area
Widgeon Valley National Wildlife Area
Columbia National Wildlife Area
Qualicum National Wildlife Area
Vaseux-Bighorn National Wildlife Area

PART IX

Yukon

Nisutlin River Delta National Wildlife Area

SCHEDULE 2

(Section 51)

SCHEDULE III

(Paragraphs 8.1(1)(c) and (3)(a))

Fees Payable for Hunting Migratory Game Birds in the Cap Tourmente National Wildlife Area

Item

Column I

Description

Column II

Fee (not including the goods and services tax or the Quebec sales tax)
1 Application for the drawing of lots for a hunt with or without a guide $6.96
2 Permit for a hunt with a guide (applicant and up to three guests) $686.81
3 Permit for a hunt without a guide (applicant and up to three guests) $373.84
4 Permit for a daily hunt (applicant and one guest) $108.68

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Since coming into force in 1977, the Wildlife Area Regulations (the Regulations) have been amended a number of times; however, they have never been subject to a comprehensive review and update. The result is that the previous Regulations contained some inconsistencies with other federal environmental regulations and were not completely aligned with other new federal environmental regulations which came into force after 1977. Many provisions were also outdated or lacked clarity, and it contained language that was in need of further details and increased transparency. A number of challenges with respect to the provisions regarding the management of national wildlife areas (NWAs) had also been identified, specifically with those relating to the use of notices to authorize activities that would otherwise be prohibited under the Regulations.

Updates to the legal descriptions of several existing NWAs were also needed, as some had not been updated in over 30 years. Although new NWAs have been added to Schedule I of the Regulations since 1977, in some cases, additional lands have been acquired by Environment and Climate Change Canada (ECCC) to be added to existing NWAs, but have not yet been designated as NWA lands through the Regulations. In other cases, the boundary description no longer matched updated legal or cadastral frameworks in certain jurisdictions, or errors had been identified in the boundary descriptions.

Background

The Canada Wildlife Act (CWA) allows for the establishment, management and protection of NWAs for research, conservation, and interpretation. NWAs are established and managed under the authority of the CWA in order to protect priority habitats required for the conservation of Canada’s migratory birds, species at risk, and other wildlife.

Under section 12 of the CWA, the Governor in Council may make regulations for the preservation, control and management of lands acquired or leased by the Minister of the Environment (the Minister). The previous Regulations governed the designation and establishment of NWAs, indicated the activities that are prohibited within NWAs and how the Minister can establish exemptions to any such prohibitions, i.e. by granting permits or posting of notices. The amended Regulations include a new schedule (Schedule I.1) which lists the activities that are authorized in certain NWAs without a permit.

The Regulations currently designate 54 NWAs across Canada that provide nationally significant habitats for wildlife species protecting approximately one million hectares of habitat.

Objective

The objectives of the amendments to the Regulations are to

Description

In order to achieve the objectives of the amendments to the Regulations, a comprehensive review was conducted, resulting in a number of revisions. These revisions enhance regulatory clarity, ensure the Regulations are consistent with other similar regulations and support the effective management of NWAs. The modernized changes largely formalize existing policies for the management of NWAs.

1. Prohibitions

(a) New prohibitions

The amended Regulations include the following new prohibitions (i.e. activities authorized only with a permit):

Introducing organisms into a national wildlife area

The previous Regulations did not explicitly prevent someone from introducing new species into an NWA, which could have created a risk to biodiversity conservation through the introduction of invasive species such as Asian Carp or zebra mussels, as well as wildlife diseases. This issue, under the amended Regulations, has been addressed by adding a new prohibition on introducing organisms that are likely to result in harm to any wildlife or the degradation of any wildlife, wildlife residence or wildlife habitat.

Harm to wildlife habitat

The previous Regulations prohibited damaging, destroying or removing a plant, but did not explicitly prohibit similar harm to other types of wildlife or wildlife habitat. This prohibition has been broadened in the amended Regulations to include any wildlife, wildlife residence, or wildlife habitat and prohibits activities that are likely to disturb, damage, destroy or remove any wildlife, whether alive or dead, wildlife residence or wildlife habitat. Wetlands, for example, provide habitat for a variety of plant and animal species, including migratory birds. A single wetland may contain a variety of wildlife residences, such as bird nests, beaver lodges, and plants used by insects to lay eggs.

Domestic animals

Wildlife officers regularly observe situations where domestic animals (e.g. dogs, cats) are found to be harming the environment within an NWA or disturbing native wildlife. This is particularly an issue in NWAs that are located in close proximity to urban centres. Domestic animals are a particularly grave threat to many migratory bird species during the fledgling period when the birds are not yet sufficiently developed to fly. While the previous Regulations prohibited any domestic animal from running at large, the amended Regulations will go further to protect wildlife and wildlife habitat by prohibiting animal owners from using leashes longer than three metres.

The amended Regulations provide further clarity to this prohibition by adding a definition for the term “domestic animal,” consistent with other federal wildlife conservation regulations, such as the National Parks of Canada Domestic Animal Regulations. The modernized amendment will also prohibit hoofed animals from entering an NWA.

A new section has been added in the amended Regulations which allows wildlife officers to capture domestic animals and non-indigenous wildlife that are at large within an NWA, and provides the officers with the discretion to destroy the animal under certain circumstances. Such circumstances would include a domestic animal posing a danger to a person or a non-indigenous animal causing immediate harm to an indigenous animal or its habitat.

This discretionary power is consistent with the Migratory Bird Sanctuary Regulations, which allow game officers to destroy any dog or cat found chasing or molesting migratory birds in a migratory bird sanctuary. The National Capital Commission Animal Regulations, as well as the National Parks of Canada Domestic Animal Regulations, also have provisions enabling peace officers to capture or destroy domestic animals under certain circumstances.footnote 4

Enforcement actions relating to domestic animals that may be feral

The amended Regulations include additional clarity regarding enforcement actions for domestic animals that may be feral (i.e. have no owner). The language in the proposed amendments originally referred only to domestic animals that were owned. New wording has been added in the provisions, “if the officer has no reasonable means of determining whether the animal has an owner” to distinguish feral animals from other domestic animals.

Hunting or fishing within the NWA from outside of the NWA

Unless done under the authority of a permit issued through the Regulations, it is prohibited to, from outside the NWA, hunt or fish for wildlife within the NWA. For instance, a hunter who does not have a permit to hunt wildlife within the NWA, cannot stand outside of the NWA and shoot at wildlife located within the NWA. Some NWAs have significant portions that are marine. This modernized prohibition will prevent fishing boats that are located outside of the NWA from casting their nets inside the NWA.

Drones

The previous Regulations prohibited operating a “conveyance” within an NWA. The CWA defines “conveyance” as consisting of

This prohibition could not apply to drones because, in general, they do not carry persons or goods. However, their use may nonetheless disturb or endanger wildlife. Therefore, the amended Regulations prohibit an aerial drone from taking off or landing in an NWA, and will thereby prevent most lower-level flight, which is of most concern for wildlife. The amended Regulations also prohibit the operation of terrestrial and aquatic drones. While it is recognized that drones may be used responsibly as a scientific tool to assist with wildlife research, such use in NWAs, as described above, is still prohibited unless authorized through a permit.

(b) Changes to existing prohibitions

The amended Regulations revised some existing prohibitions, as follows:

Aircraft

The previous Regulations prohibited operating a conveyance, which is defined in the CWA as including aircraft (other than drones). Following consultation with Transport Canada, the prohibition on operating an aircraft has been amended to prohibiting the take-off or landing of an aircraft within an NWA. Many NWAs are very small and it is difficult for pilots, in some instances, to know when they are flying above one. Prohibiting taking off and landing in NWAs will prevent most lower-level flight, which is of most concern for wildlife. This approach is consistent with the National Parks of Canada Aircraft Access Regulations.

Participating in a group meal or a group event

Picnicking was prohibited in the previous Regulations, unless authorized by a permit or through a public notice issued by the Minister of the Environment. It has not been ECCC’s intent to prohibit small groups of people from eating within an NWA, but rather to prohibit large groups of visitors (e.g. organized bus tours) from engaging in group meals and group events without a permit, as this could disturb wildlife or negatively affect wildlife habitat. As a result, the prohibition on picnicking has been clarified to prohibit “participating in a group meal or a group event of 15 or more people” under the amended Regulations.

Selling, or offering for sale, any goods or services

The previous Regulations prohibited “carrying on any commercial activity” without a permit. While the intent was to prevent people from selling goods and services within NWAs, the wording of the prohibition captured transactions that may have taken place outside of an NWA. For instance, the booking of and payment for wildlife viewing trips to an NWA was not authorized in the previous Regulations. As it was not the intent to require permits in many NWAs for commercial or organized leisure activities such as birdwatching, the amended Regulations narrow the above prohibition to “selling or offering for sale, any goods or services” in an NWA. This change will, for example, authorize a wildlife viewing trip, which would previously have required a permit. However, Quebec NWAs will continue to be more restrictive, as all activities authorized without a permit must be non-commercial. NWAs in Quebec are unique in that they are located close to urban centres and are easily accessible by roads. Where access is authorized, tourism is promoted and visitors are encouraged to participate in a variety of activities (e.g. wildlife viewing, hiking, fishing, hunting) consistent with the conservation objectives of each NWA. However, for conservation reasons and to control the size and frequency of groups visiting these NWAs, all authorized activities are non-commercial only, except as authorized by permit, under the amended Regulations.

(c) Update the Regulations to clarify definitions

The previous Regulations defined hunting as including trapping. It has been changed under the amended Regulations to separate trapping from hunting, since some NWAs authorize only one of these activities without a permit. Many of the activities listed in the definition of “hunt” do not apply to “trapping,” such as “chase” or “pursue.” To provide clarity, “trapping” has been removed from the definition of “hunting,” and where “trapping” is mentioned in the amended Regulations, its common meaning will apply.

The definition of “non-toxic shot” has also been clarified by enhancing specificity regarding its composition (e.g. percentage of substances combined or alone).

Modernized definitions have also been added for terms that have been introduced in the amended Regulations, such as “designated,” “habitat,” and “residence,” consistent with definitions in federal legislation, such as the Species at Risk Act.

(d) Exempt certain activities from prohibitions

The general prohibitions do not apply to any activity carried out for the purpose of public safety, national security or emergency response. Many of the prohibitions do not apply to federal or provincial enforcement officers when they are performing their duties or functions or to a person who is acting under their direction or control. ECCC staff and maintenance workers are exempted from the prohibition on operating a conveyance with a driver on board, other than an aircraft, and from activities such as putting up, taking down, or changing signage. If the research or work that they perform is in contravention of any of the other prohibitions, then a permit will be required. This will help to ensure that the work done in the protected areas is consistent with the NWA’s management plan and conservation objectives.

2. Authorized activities

One key issue this modernization addresses concerns the means of authorizing activities in certain NWAs. Under the previous Regulations, there were provisions that prohibit certain activities in NWAs. The Minister used permits as well as public notices (in newspapers or signage) to authorize certain activities in specific NWAs that were otherwise prohibited by the Regulations.

Subsection 3(2) and section 8 from the previous Regulations, which referred to the use of notices to authorize or prohibit activities, have been repealed. The amended Regulations include the new Schedule I.1, which lists the activities that are authorized in each NWA without a permit. This change better reflects the legislative authority.

Schedule I.1 lists authorized activities for certain NWAs and describes how these activities can be carried out (e.g. in designated areas or at designated times). Activities are authorized following consideration of health and safety, conservation and protection of wildlife, and any existing or planned activities in the NWA (consistent with the purpose of the Act and the mandate of the Department). The authorized activities will also be communicated through informational and compliance promotion materials, such as on the Government of Canada’s website, through signage at the NWAs, etc. The amended Regulations also identify in section 3.3 the NWAs that do not authorize any activities (e.g. prohibit people from entering without a permit or outside of the opening times).

The new schedule of authorized activities reflects, in almost all cases, the status quo of what was allowed in the various NWAs via public notices issued by the Minister, which in turn reflect the management plans that are currently in place.

The few, very minor differences between the new schedule and previous practices are as follows:

(a) Grouping like activities

Some similar activities are grouped together into a single activity in order to streamline the new schedule. For example, wildlife watching, and photography, which were listed as separate activities in various public notices across the various NWAs are modernized to be considered as “wildlife viewing.”

(b) Nisutlin River Delta NWA (Yukon) — Motorized boats and commercial wilderness guiding

The Nisutlin River Delta NWA is one of the most important fall staging sites for migratory waterfowl in southern Yukon. While motorized boating is allowed, to protect this delicate and intricate ecosystem and prevent disturbance to the wildlife it supports, the previous Regulations prohibited the use of air boats, hovercraft, and personal motorized watercraft (e.g. seadoos) without a permit. The amended Regulations strengthen the existing protection by also restricting the use of motorized boats while towing a barge or platform. Additionally, they have been modernized to allow commercial wilderness tourism in designated areas at designated times, and in accordance with required authorizations. This is a change from the previous Regulations which prohibit all commercial activities without a permit.

(c) Vaseux-Bighorn and Widgeon Valley NWAs (British Columbia) — Sport fishing

Sport fishing is now authorized from a non-motorized boat under and in accordance with any applicable federal permit and any authorization required by the laws of British Columbia for sport fishing in that province.

3. Temporary closure of parts of or entire national wildlife areas

The Regulations enable the Minister to temporarily close all or any part of an NWA to all persons if certain situations occur, as set out in the amended Regulations. Such situations include where there is a risk of harm to wildlife, including disease outbreaks, natural disasters or any other major emergency, and situations where there may be a risk to public safety or national security. If there were to be a temporary closure, the Minister will be required to give notice to the public, by means of written notices, including notices at the entrance or boundary or on a federal government website, or by means of other media. The information regarding the re-opening of all or any part of that NWA will also need to be posted in the same way, as mentioned above.

4. Permitting regime

Permit issuance

The previous Regulations allowed the Minister to issue permits to undertake prohibited activities where that activity did not interfere with the conservation of wildlife and wildlife habitat.

This permit issuance section has been modernized to add clarity and consistency, where possible, with other federal environmental regulations, such as the Scott Islands Protected Marine Area Regulations. The criteria for issuance of permits have been strengthened in the amended Regulations so that a permit will only be issued if the adverse effects of the proposed activity on wildlife/habitat would not compromise their conservation.

In the amended Regulations, the Minister will authorize to issue a permit to a person or to a government body if

The amended Regulations provide additional details regarding the information that needs to be provided by permit applicants, including the effects that the activity is likely to have on wildlife or its habitat in the NWA, and the measures that will be taken by the applicant to monitor the effects and to prevent, or, if prevention is not feasible, mitigate any adverse effects.

Before issuing a permit, the Minister will evaluate the effects of the proposed activity on wildlife and wildlife habitat and determine if those effects will be adverse by considering the likelihood that those effects will occur and their scope; the capacity of wildlife to recover or the capacity of wildlife habitat to be restored if negatively affected; and the cumulative effects of the activity when combined with the effects of other activities carried out in the wildlife area.

Permit holder

The previous Regulations only required that the permit holder have the permit in their possession at all times while in an NWA and that they show the permit to any wildlife officer immediately on request. In addition to these two conditions, the amended Regulations allow the Minister to include a condition in a permit, i.e. the requirement for the permit holder to provide details regarding duration and location of the activity, the types of equipment to be used, and could also include monitoring and reporting requirements.

Suspension and revocation of permits

The previous Regulations allowed the Minister to cancel or suspend a permit where it was necessary to do so for the conservation of wildlife or wildlife habitat in an NWA. The amended Regulations also allow the Minister to suspend the permit if the permit holder has failed to comply with any condition of the permit. In those cases, the permit is suspended until the day on which the Minister notifies the permit holder that the suspension is lifted, when the grounds for the suspension no longer exist or when the permit holder has taken measures necessary to remedy to the situation on which the suspension was based.

The Minister may also revoke a permit if it is necessary to do so for the conservation or protection of wildlife or wildlife habitat in an NWA and if the permit has been suspended at least twice before, or if the permit holder has provided false or misleading information, and other circumstances, as outlined in the amended Regulations.

Cap Tourmente NWA

The amended Regulations simplify and increase the flexibility of the permitting regime at this NWA, specifically regarding the timelines to apply for permits. The application period for a permit for hunting for a particular year is now specified in the amended Regulations as February 15 to April 30 of that year.

5. Miscellaneous amendments and corrections

The amended Regulations have modified the boundaries of 12 NWAs in Schedule I, by adding or deleting lands; and have updated or corrected the legal descriptions and names of several NWAs.

New lands acquired by ECCC

Through the years, very small portions of land have been acquired by ECCC, either by transfer from other federal departments or from the provincial Crown, or by purchase, lease or bequest. These lands are often surrounded by land that is part of existing NWAs.

The amended Regulations include updates to the boundaries of 10 NWAs to reflect the minor additions of new land for a total of 1707.41 hectares. In the Canada Gazette, Part I, publication, it was proposed to add unit number 28 (129 hectares) to Prairie NWA. Following further consideration and analysis of the conservation value of the lands that are currently under ECCC administration, these lands have not been added to the Prairie NWA at this time. The addition of these lands may be reconsidered in the future; however, any future addition of these lands would be subject to a future regulatory proposal, including public consultation.

Removal of lands from five NWAs

Certain lands have been removed from 5 NWAs (Wallace Bay NWA, Pointe de l’Est NWA, Baie de l’Isle-Verte NWA, Long Point NWA and Qualicum NWA). These lands included approximately 17 hectares of private lands that were mistakenly included within the boundaries of existing NWAs many years ago as the result of an error in the provincial survey description. These also include two small parcels of land (0.1 hectares) that were required to enlarge a road; and 0.4 hectares of land that has low conservation value and will be used for a fire station.

Table: Summary of lands acquired and removed
Lot Unit Hectare
Nova Scotia
Wallace Bay National Wildlife Area   −2.5
New Brunswick
Tintamarre National Wildlife Area Hog Lake Unit  9.3
Tower’s Goose Unit 178
Coles Island Marsh Unit 26
Shepody National Wildlife Area Mary’s Point Unit 7
New Horton Unit 37
Grindstone Island Unit 1.1
Quebec
Pointe de l’Est National Wildlife Area   254.34
  −0.4
Baie de l’Isle-Verte National Wildlife Area   247.56
  −0.094
Ontario
St. Clair National Wildlife Area   109
Prince Edward Point National Wildlife Area   222.4
  7
  0.6
Long Point National Wildlife Area Blocks 2 and 3 −8.0 (more or less)
Mississippi Lake National Wildlife Area   12.5
British Columbia
Alaksen National Wildlife Area Harlock Island 1.86
  30
Columbia National Wildlife Area Brisco Unit 87.89
  68.75
Spillimacheen Unit 32.4
  20.75
  38.04
  53.56
  58.8
Harrogate Unit 184.56
Qualicum National Wildlife Area Marshall-Stevenson Unit −6.57
Rosewall Creek Unit 19
Total lands (lost or gained)   1689.85

NWAs in Nunavut

With the creation of the Territory of Nunavut in 1999, two NWAs (Nanuit Itillinga NWA and Nirjutiqarvik NWA), which were originally located in the Northwest Territories, are now in the Territory of Nunavut. Part IX (Northwest Territories) of Schedule I has been amended to reflect the creation of the Territory of Nunavut, and the two aforementioned NWAs have been added to Part XI (Nunavut).

Changes in the cadastre system in Quebec

The Quebec cadastre is a land registry that consists of many plans and documents prepared by land surveyors. It shows properties on a plan, which indicates the dimensions, area, shape and position of properties in relation to adjacent properties, and identifies them by a lot number. The land registry has existed since 1860, but it is incomplete and contains some inaccuracies. Énergie et Ressources Naturelles du Québec [the ministry of energy and natural resources of Quebec] has prepared a new cadastral plan in order to show all properties correctly. With the cadastral reform, counties no longer exist and new lot numbers (7 digit numbers) are being used as part of the cadastre of Quebec.

Administrative corrections

Other amendments to Schedule I have been made to correct descriptions that were outdated due to local government boundary changes, such as amalgamations, misspelling of some NWA names, as well as the French translations of several NWAs and their units to have a better consistency between French and English versions or between sections of the Regulations.

In accordance with the Inuit Impact and Benefit Agreement for National Wildlife Areas and Migratory Bird Sanctuaries in the Nunavut Settlement Area (2016–2023), the name of Polar Bear Pass NWA has been changed to “Nanuit Itillinga NWA.” The name was chosen by the Sulukvaut Area Co-Management Committee.

Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations (the Designation Regulations)

The Designation Regulations were introduced under the Environmental Enforcement Act and came into force on July 12, 2017. The Designation Regulations designate offences in the CWA that involve direct harm or risk of harm to the environment, or obstruction of authority, that are subject to

The fine regime of the CWA has been amended to accurately reflect the seriousness of environmental offences. This fine regime will be applied by courts following a conviction pursuant to the CWA or its associated regulations.

Amendments have been made to the Designation Regulations in order to

The Environmental Violations Administrative Monetary Penalties Regulations (the AMPs Regulations) came into force on June 14, 2017. The AMPs Regulations designate violations under six acts and their associated regulations that may be enforced by means of an administrative monetary penalty (AMP). An AMP is a financial disincentive to non-compliance and provides an additional tool for officers, to supplement existing enforcement measures. The AMPs Regulations designate violations as Type A, B or C violations. Type A are violations that represent less serious compliance issues, Type B are violations that represent a risk of harm to the environment or constitute an obstruction of authority, and Type C are violations that represent the most serious compliance issues, as they always result in harm to the environment. Depending on the type of violation and the existence of history of non-compliance, environmental harm and economic gain, the amount of an AMP can vary between $200 and $5,000 for individuals. The amended Regulations include an amendment to the AMPs Regulations to designate the provisions that could be subject to an AMP. Under the amended Regulations, some of the violations that existed in the previous Regulations and that remain in the amended Regulations have been updated to a higher type of violation. Most of the new prohibitions that appear in the amended Regulations are Type A violations.

Regulatory development

Consultation

The Department held a first public online consultation on the proposed Regulations between September 25, 2017, and October 25, 2017. In order to promote awareness of the proposal as well as the opportunity to provide input, an invitation to participate in the consultation was sent via email to a list of over 267 stakeholders, which included hunting/trapping associations, Inuit boards and councils, Inuit regional associations, birding clubs, environmental non-governmental organizations, tourism associations, universities, provincial/territorial governments, other federal departments and individual Canadians.

During that consultation period, ECCC also reached out directly to Inuit organizations and groups/committees (e.g. regional Inuit associations in Nunavut and Area Co-Management Committees) requesting their participation in the consultation. Through the Inuit Impact and Benefit Agreement for National Wildlife Areas and Migratory Bird Sanctuaries in the Nunavut Settlement Area, Area Co-management Committees were established for each NWA (or group of NWAs) to advise the Minister on all aspects of planning and management of the NWA, including advice on legislative/regulatory changes.

Eighteen comments were received from various individuals and organizations. The majority of the comments received were supportive of the proposed Regulations, and many included questions of clarification. No significant concerns were raised.

Canada Gazette, Part I, summary

The proposed amendments were published in the Canada Gazette, Part I, on June 1, 2019, for a 30-day comment period. At the request of some stakeholders, an extension of the public comment period was extended to September 30, 2019, resulting in a four-month comment period. The notice informing Canadians of the extension of the comment period was published in the Canada Gazette, Part I, on August 17, 2019.

In total, 398 stakeholders including Indigenous groups, were contacted directly by email to inform them about the proposed amendments and the comment period. This was followed by some presentations (either in person or by teleconference) or bilateral calls/meetings with some conservation organizations, wildlife management boards, the beneficiaries of the Inuit Impact and Benefit Agreement for National Wildlife Areas and Migratory Bird Sanctuaries in the Nunavut Settlement Area, and Indigenous groups.

A total of 37 submissions were received from another federal department as well as a variety of stakeholders including a territorial government (Yukon), hunting and outfitting organizations, Indigenous groups, environmental non-governmental organizations (ENGOs), industry and individual Canadians. Overall, stakeholders indicated support for the amendments in general. However, a few concerns were raised by stakeholders, as follows:

1. Permitting provisions

Three ENGOs expressed concern that the proposed amendments to the permitting provisions would reduce stringency and result in too much ministerial discretion with respect to the permitting of activities that do not promote the conservation of wildlife or its habitat, such as industrial activities.

To address this concern, revisions have been made to the amended Regulations. The wording in the permitting provision, as suggested, has been revised to strengthen one of the necessary criteria for the issuance of permits for activities other than those that promote the conservation/ protection of wildlife or habitat. The strengthened criterion is that the adverse effects that the proposed activity is likely to have on wildlife or wildlife habitat “would not” compromise conservation. When the draft amendments were published in the Canada Gazette, Part I, the necessary criterion was that those effects are not “likely” to compromise the conservation of wildlife and its habitat. No objections to the revised language of the permitting provisions have been received from the ENGO community.

2. Strengthening the Regulations

Submissions received from three ENGOs asserted that the amended Regulations should be strengthened by formally prohibiting all industrial activities in the NWAs with no potential for authorizing these activities through a permit.

Industrial activities, including mining and forestry, were prohibited under the previous Regulations and will continue to be prohibited in the amended Regulations. Having the flexibility to permit and regulate industrial activities — so long as they do not interfere with the conservation of wildlife — allows the Department, in consultation with stakeholders, to act efficiently, taking advantage of opportunities with long-term conservation benefits. This flexibility is an important aspect of fulfilling Department’s mandate for conservation.

Canadian Forces Base Suffield NWA is an example of such circumstances. Shallow natural gas wells were already in operation on some of the lands that ECCC wanted to acquire to establish this NWA. To protect at-risk prairie habitats for the benefit of migratory birds and species at risk, the lands were acquired with the view to effectively managing these activities while considering their long-term potential for restoration. It is not ECCC’s intent to permit new industrial activities in NWAs.

The Department will update its permitting policy for NWAs to reflect amendments made to the Regulations.

3. Legal description for Long Point NWA

Revisions were proposed to the legal description of Long Point NWA following recent land surveys that had been conducted. However, during the comment period, 19 comments were received from members of a hunting and fishing association that expressed concern that those changes should be postponed until a comprehensive land survey could be completed and the full legal description be properly updated.

Therefore, they proposed that the legal description of Long Point NWA be revised in the final Regulations to maintain the same description used in the previous Regulations. The Department agreed with this proposal and has made these revisions.

4. Hunting with a commercial guide in Nisutlin River Delta NWA

One comment was received from an industry stakeholder regarding the prohibition of hunting using a commercial guide and the potential for such a prohibition to negatively affect this activity in Nisutlin River Delta NWA under the amended Regulations.

Hunting with a commercial guide was already prohibited in the previous Regulations and remains prohibited in the amended Regulations. However, hunting with a commercial guide may still be authorized through a permit. Therefore, no changes to the amended Regulations have been made in this respect. The use of permits helps to ensure that such activities are conducted in a manner that is consistent with the objectives of the NWA’s management plan.

5. Authorized activities in Nisutlin River Delta NWA

Upon further consultation with the Teslin Tlingit Council, ECCC decided to exclude trapping as an authorized activity for Nisutlin River Delta NWA in Schedule I.1. Trapping is not an authorized activity for the general public in this NWA as it is only permitted in accordance with the Teslin Tlingit Council Final Agreement dated the 29th day of May, 1993, between the Teslin Tlingit Council, the Government of Canada and the Government of the Yukon. Consequently, only Teslin Tlingit members or a person designated by the Teslin Tlingit Council can trap. Their authority to trap comes from the Teslin Tlingit Council Final Agreement (a modern land claims agreement) and there is therefore no need for it to be referred to in the amended Regulations. As a result, it will continue to be identified in the current management plan as an authorized activity with special restrictions. Excluding this activity from the Schedule I.1 of the Regulations will avoid any confusion for members of the general public who may be interested in trapping in this NWA. It will also remove any implication that the Teslin Tlingit’s authority to trap within the Nisutlin River Delta NWA comes from the amended Regulations rather than from the aforementioned Teslin Tlingit Council Final Agreement.

6. Additional changes

The Department received other comments on various provisions, such as on the prohibition for introducing organisms, the definition of wildlife, the new Schedule I.1, the repeal of subsection 3(2) and section 8 and on specific authorized activities. The Department carefully reviewed all of these comments and determined that they did not necessitate any changes to the amended Regulations. For example, a question was received concerning adjacent land owners who could become in breach of the amended Regulations if noxious weeds on their lands are spread into an NWA via wind dispersal. The word “introduce” in the prohibition for introducing organisms is meant to indicate a person bringing an organism into the NWA that would not normally exist within it. For this reason, the prohibition will not apply to an adjacent land owner with noxious weeds unless he or she were to intentionally bring the weeds into the NWA. No changes have been made to the amendments as a result of this comment.

During the comment period, the Department provided written responses or met with stakeholders who requested clarification on the amendments. For instance, clarification was requested on the prohibition of drones and aircraft and the Department confirmed that the prohibitions are established based on the best available scientific data on that matter. Other clarifications were requested on the potential impact on commercial fishing and existing Aboriginal and treaty rights. It was confirmed that the amendments would not have any effect on the current status of the commercial fishing industry operating in some NWAs nor on existing Aboriginal and treaty rights.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on Regulation, an assessment of modern treaty implications was conducted on the regulatory amendments. The assessment did not identify any modern treaty implications. The amended Regulations do not affect modern treaty agreements and these amendments will not create any new restrictions or prohibitions that could affect section 35 of the Constitution Act, 1982, or its modern treaty obligations.

Instrument choice

Regulations are the sole method to manage the NWAs and ensure conservation of wildlife and wildlife habitats. The amendments will improve and clarify the Regulations. No other instrument could be considered.

Regulatory analysis

Benefits and costs

Environmental benefits, including benefits to animal and plant health

According to the Canada Wildlife Act, NWAs are created and managed for the purposes of wildlife conservation, research, and to deliver interpretation activities. Interpretation activities such as nature education programming is used as a tool in some NWAs to increase visitors’ awareness, understanding and appreciation of the NWA’s natural and cultural resources. They are established to preserve wildlife and wildlife habitats that are critical to migratory birds and other wildlife species, particularly those at risk. The amended Regulations will help further these objectives. Additional prohibitions and clarification of existing prohibitions will offer greater protection to wildlife and their residences and habitats.

The amendments to Schedule I will also help achieve environmental objectives by correcting the boundaries of, and adding land to certain NWAs. These additional lands, though minimal, will help protect important habitats for both plants and wildlife, increasing the overall health of the ecosystem. The amended Regulations relating to authorized activities and the permitting regime will also improve ECCC’s ability to manage NWAs and conserve the wildlife that lives there.

Benefits to society and culture

The amended Regulations may encourage low-impact recreational activities in small groups (i.e. among friends and family) in specific NWAs by clarifying that the prohibitions on “picnicking” and “recreational activities” only apply to groups of 15 or more. The amended Regulations will also allow, in specific NWAs, recreational activities that will promote health and well-being. In better protecting wildlife and wildlife habitat, Canadians will benefit from a healthy environment.

The amendments have updated and corrected the boundaries of some NWAs, to incorporate federally owned lands that are managed by ECCC, but had not yet been reflected in Schedule I of the previous Regulations. Given the geographical proximity of the added lands to the NWAs, activities occurring on these lands are similar to the existing NWAs. Canadians will continue to benefit by being able to pursue activities that are authorized in those NWAs, such as hunting, fishing, trapping, hiking, canoeing, snowshoeing, and skiing.

Costs to Canadians

The amended Regulations are not expected to have costs for individual Canadians or Canadian businesses as they do not impose any notable new requirements. The new Schedule I.1 of authorized activities for the most part reflects the existing management plans for the NWAs, current practices and notices. Clarifications to prohibitions and the permitting regime are similarly expected to have negligible costs.

Costs to Government

The amended Regulations and the consequential amendments to the related regulations [the Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations and the Environmental Violations Administrative Monetary Penalties Regulations] do not create new enforcement costs for the Department.

The overall cost to Government of implementing the amended Regulations is anticipated to be negligible for permitting and compliance promotion, given that there are few new requirements for stakeholders.

Small business lens

The small business lens does not apply to the amended Regulations, as there are no anticipated costs to small business.

One-for-one rule

The one-for-one rule does not apply to the amended Regulations, as there is no anticipated change in administrative costs for businesses.

Regulatory cooperation and alignment

The regulatory amendments made ensure consistency with other federal environmental regulations.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a strategic environmental assessment was conducted. The assessment concluded that the amended Regulations will have positive environmental effects and will contribute to the implementation of the 2019–2022 Federal Sustainable Development Strategy goals

In addition, an expanded and strengthened protected areas network will contribute to the larger Government of Canada strategy to mitigate and adapt to climate change. Protected areas play a critical role in addressing climate change by enhancing the ability of nearby areas to recover from disturbances and provide safe refuge for species, particularly those displaced or migratory.

ECCC is committed to protecting Canada’s wildlife and wildlife habitat. The amended Regulations will pave the way for the establishment of new NWAs under the Nature Legacy, a federal contribution towards the Government of Canada’s commitment to protect 25% of Canada’s land by 2025.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these amendments.

Implementation, compliance and enforcement, and service standards

Implementation

The implementation of the amended Regulations will benefit wildlife and wildlife habitat by improving the management of NWAs. The Department continues to be responsible for permitting and to be the lead Department for compliance promotion and enforcement activities pertaining to the amended Regulations.

Compliance and enforcement

A compliance strategy has been developed. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the law through education and outreach activities that raise awareness and understanding. Given that the amended Regulations do not impose any notable new requirements, compliance promotion and enforcement activities will be limited, and will have a targeted focus, to inform stakeholders, who currently conduct activities in the NWAs. These activities may include web content, social media, direct mail outs, signage, etc.

The CWA provides wildlife officers (designated under the CWA) with various powers (e.g. inspections, right of passage, search and seizure, custody of things seized) and enforcement measures (compliance orders, tickets, AMPs and prosecutions) to secure compliance. The Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations designate offences under CWA that subject an offender to the minimum fines and increased maximum fines upon conviction by prosecution. In cases involving minor situations of non-compliance, a warning, compliance order, ticket or AMPs may be appropriate. In cases involving a serious level of non-compliance, however, prosecution may be more suitable for enforcement purposes. In such cases, the fine regime described in the Designation Regulations will apply upon conviction. It also explains offences and punishments (penalties, fines and imprisonment) for offenders, whether they are individuals or corporations. The Schedule I.2 of the Contravention Regulations designates offences under the CWA that can subject an offender to a ticket. The Schedule 1, Part 2, Division 1 of the Environmental Violations Administrative Monetary Penalties Regulations designates violations under the CWA that can subject a violator to an administrative monetary penalty.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
Environment and Climate Change Canada
Gatineau, Quebec
K1A OH3
Email: ec.ReglementsFaune-WildlifeRegulations.ec@canada.ca