Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations: SOR/2022-135

Canada Gazette, Part II, Volume 156, Number 13

Registration
SOR/2022-135 June 10, 2022

CANADA WILDLIFE ACT
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT

P.C. 2022-654 June 10, 2022

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 the Environmental Violations Administrative Monetary Penalties Regulations pursuant to

Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations

Canada Wildlife Act

Wildlife Area Regulations

1 Part I of Schedule I to the Wildlife Area Regulations footnote 1 is amended by adding the following after item 6:

7 Big Glace Bay Lake National Wildlife Area

All those certain lots, pieces or parcels of land and land covered by water, situated at Glace Bay, Cape Breton Regional Municipality, Province of Nova Scotia, and being described as follows:

PART 1

All that certain lot, piece or parcel of land, situated at or near Donkin-Morien Highway, in the vicinity of Big Glace Bay Lake, Cape Breton Regional Municipality, County of Cape Breton, Province of Nova Scotia, shown as Parcel E on Public Services and Procurement Canada plan S-6073, titled “Plan of Survey Showing Parcel D, Parcel E, Parcel F, Parcel G and Parcel H of Lands Deeded to Her Majesty the Queen C/O Atomic Energy of Canada Limited”, dated October 15, 2012 as signed by Dennis Prendergast, Nova Scotia Land Surveyor, said plan S-6073 being recorded June 1, 2018 as plan number 112684692 in the Land Registration Office for the County of Cape Breton, said Parcel E being more particularly described as follows:

Together with and including all and any islands, ponds, wetlands and watercourses.

Saving and excepting thereout and therefrom all public roads including any and all portions of the former highway from Glace Bay to Port Morien (now commonly referred to as Beach Road).

The above described Parcel E contains an area of 268 acres, more or less (including islands).

All azimuths are grid-referenced to longitude 61°30′W, the central meridian of Zone 4, MTM projection, ATS77 metric values.

PART 2

All that certain lot, piece or parcel of land, situated at or near Donkin-Morien Highway and Lake Road, in the vicinity of Big Glace Bay Lake, Town of Glace Bay, Cape Breton Regional Municipality, County of Cape Breton, Province of Nova Scotia, shown as Parcel 2016-1 (PID 15881246) on Public Services and Procurement Canada plan S-6001, titled “Plan of Survey Showing Parcels 2016-1, 2016-2, 2016-3, 2016-4, 2016-5 and 2016-6, Land of H.M. in right of Canada”, dated November 23, 2016 as signed by Dennis Prendergast, Nova Scotia Land Surveyor, said plan S-6001 being recorded November 25, 2016 as plan number 109952649 in the Land Registration Office for the County of Cape Breton, said Parcel 2016-1 being more particularly described as follows:

The above described Parcel 2016-1 contains an area of 28 acres, more or less (including beach area).

All azimuths are grid-referenced to longitude 61°30′W, the central meridian of Zone 4, MTM projection, ATS77 metric values.

PART 3

All that certain lot, piece or parcel of land, situated at or near Donkin-Morien Highway and Lake Road, in the vicinity of Big Glace Bay Lake, Town of Glace Bay, Cape Breton Regional Municipality, County of Cape Breton, Province of Nova Scotia, shown as Parcel 2016-2 (PID 15881253) on Public Services and Procurement Canada plan S-6001, titled “Plan of Survey Showing Parcels 2016-1, 2016-2, 2016-3, 2016-4, 2016-5 and 2016-6, Land of H.M. in right of Canada”, dated November 23, 2016 as signed by Dennis Prendergast, Nova Scotia Land Surveyor, said plan S-6001 being recorded November 25, 2016 as plan number 109952649 in the Land Registration Office for the County of Cape Breton, said Parcel 2016-2 being more particularly described as follows:

The above described Parcel 2016-2 contains an area of 7 acres, more or less.

All azimuths are grid-referenced to longitude 61°30′W, the central meridian of Zone 4, MTM projection, ATS77 metric values.

PART 4

All that certain parcel of land and land covered with water situated in the vicinity of Big Glace Bay Lake and lying partly in the Town of Glace Bay and within the County of Cape Breton, Province of Nova Scotia and being comprised of that land and land covered with water shown on a plan titled “Showing Lands to be Expropriated by the Province of Nova Scotia for the Purpose of Encouraging the Development of Industry within the Province of Nova Scotia”, signed by Walter E. Servant, P.L.S., dated July 15, 1964, said plan being recorded October 29, 1964 as Expropriation Plan GB138 and which said lands may be more particularly described as follows:

Saving and excepting from the lands hereinbefore described the following:

2 (1) The first paragraph of item 8 of Part IV of Schedule I to the Regulations is replaced by the following:

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 Eighthly as follows:

(2) The last paragraph of item 8 of Part IV of Schedule I to the Regulations is replaced by the following:

3 Part I of Schedule I.1 to the Regulations is amended by adding the following at the end of that Part:

Big Glace Bay Lake National Wildlife Area

4 Item 10 under the heading “Last Mountain Lake National Wildlife Area” in Part VI of Schedule I.1 to the Regulations is replaced by the following:

5 Schedule 1.1 to the Regulations is amended by replacing “waterfowl” with “migratory game birds or upland game birds” in the following items:

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

6 Division 2 of Part 2 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations footnote 2 is amended by adding the following in numerical order:
Item

Column 1

Provision

Column 2

Violation Type
41 8.2 A
42 8.3(1) A
43 8.3(2) A

Coming into Force

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The area of Big Glace Bay Lake (BGBL) on Cape Breton Island, on the northeastern coast of Nova Scotia, is currently designated as a migratory bird sanctuary (MBS), under the Migratory Bird Sanctuary Regulations (MBSR). The MBSR protect migratory birds, especially during critical periods of their life cycles (e.g. breeding, staging or stopping-over during migration). The MBSR prohibit activities that could kill, harm or disturb these birds, and their eggs or nests, when they are present in an MBS. The MBSR do not, however, protect non-migratory birds or other wildlife species that exist in the BGBL area. Moreover, the MBSR do not expressly provide for specific management or enforcement tools that would enable the achievement of broader wildlife and habitat conservation and research goals for this area, nor are the protections for habitat unequivocal. In addition, Environment and Climate Change Canada (the Department) recently accepted the transfer of the administration of five lots of land in the area from Public Services and Procurement Canada (PSPC). Three of these lots are already within the boundaries of the existing BGBL MBS. The other two lots are adjacent to the lake’s southwestern shore, but are not located within the BGBL MBS boundaries; therefore, they do not benefit from the protections afforded by the MBSR.

The Department also recently took over the administration of two parcels of land, which had been acquired from a private owner by PSPC and immediately transferred to the Department, in the area of the Prince Edward Point (PEP) National Wildlife Area, which is located on the eastern end of the Long Point Peninsula, along the northeast shore of Lake Ontario. Together, these two parcels form a narrow strip of land (of a total of 33.4 hectares [ha]) that currently separates the existing two separate sections that together make up the PEP National Wildlife Area. The current separation of the PEP National Wildlife Area into two sections detracts from the breadth and consistency of wildlife and habitat protection and conservation measures in the area. While now under the administration of the Department, this strip of land is not yet afforded the legal protections for wildlife and habitat of the two existing parts of the National Wildlife Area, as it has not yet been added to the National Wildlife Area, under the Wildlife Area Regulations.

In addition, when the Wildlife Area Regulations were modernized in November 2020 (the Wildlife Area Regulations modernization), three minor administrative errors were introduced to certain provisions of the Wildlife Area Regulations and to the Environmental Violations Administrative Monetary Penalties Regulations (EVAMPR). These errors could lead to confusion among stakeholders and cause various administrative and enforcement issues and thus need to be corrected.

Background

The Canada Wildlife Act (CWA) and its regulations, the Wildlife Area Regulations, allow for the establishment, management and protection of National Wildlife Areas for research, conservation and interpretation purposes. The creation and effective management of National Wildlife Areas serve to protect and conserve wildlife and wildlife habitat.

In Budget 2018, under the Nature Legacy initiative, the Government of Canada (GC) committed to supporting Canada’s biodiversity and to protecting species at risk, in part by expanding the network of National Wildlife Areas. In addition, the 2019 and 2020 Speeches from the Throne reiterated this commitment. Budget 2021 included an additional investment over five years in Canada’s Enhanced Nature Legacy, in continued support of protecting and conserving 25% of Canada’s lands and inland waters by 2025. Furthermore, the Department’s 2020–2021 Departmental Plan includes the mandate to advocate that countries around the world set a 30% conservation goal for 2030.

Big Glace Bay Lake, Nova Scotia

The BGBL area encompasses 392 ha located on the northeastern coast of Nova Scotia, on Cape Breton Island, southeast of the municipality of Glace Bay. The body of water known as “Big Glace Bay Lake” is a barrier-beach pond, adjacent to the Atlantic Ocean, at Cabot Strait. Three hundred and seventy-eight hectares of this BGBL area were designated as an MBS in 1939, pursuant to the MBSR under the Migratory Birds Convention Act, 1994. The BGBL MBS conserves and protects habitat for several key bird species (e.g. American Black Ducks, Canada Geese, Common Goldeneyes, Buffleheads), including the Piping Plover, which is an endangered species listed under the federal Species at Risk Act (SARA).

Prince Edward Point, Ontario

PEP is a National Wildlife Area encompassing 512.9 ha located on the eastern end of the Long Point Peninsula, about 20 km southeast of Picton, Ontario, along the northeast shore of Lake Ontario. This area was designated as a National Wildlife Area in 1978, pursuant to Part IV (Ontario) of Schedule I to the Wildlife Area Regulations under the CWA. The PEP National Wildlife Area conserves and protects habitat for more than 330 recorded species of birds, and for at least 33 species listed under SARA (e.g. birds, butterflies, snakes, bats), including 10 endangered species and 23 threatened species and species of special concern.

Objective

The primary objective of the Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations (the Regulations) is to enable greater protection of wildlife and wildlife habitats, and to facilitate the management of wildlife conservation, research and interpretation, as well as support biodiversity protection in these areas.

The Regulations also contribute modestly to the GC’s ongoing commitment to conserving 25% of Canada’s land by 2025. The new lots added to the area of the already existing MBS and the designation as a National Wildlife Area, in addition to the new lots added to the PEP National Wildlife Area, make a small contribution to the target, but a significant contribution to biodiversity conservation. These expansions are as large as any private land acquisition funded under the Canada Nature Fund — Natural Heritage Conservation Program, but with the security and certainty that come with regulation under federal statute.

Description

Big Glace Bay Lake, Nova Scotia

The Regulations designate the lands that are currently within the BGBL MBS, plus the two additional lots of land at the southwestern corner of BGBL as a new National Wildlife Area of 392 ha. This has been done by amending the Wildlife Area Regulations by adding the land descriptions of the area to Part I of Schedule I.

Figure 1. Map of the Big Glace Bay Lake National Wildlife Area

Figure 1. Map of the Big Glace Bay Lake National Wildlife Area

The Regulations allow most of the activities that currently occur at the site of the MBS to continue in the new National Wildlife Area, with the exception of camping, lighting or maintaining a fire, and the possession of lead fishing tackle under 50 g, in order to ensure consistency with the activities allowed in most other National Wildlife Areas in Canada. Part I of Schedule I.1 to the Wildlife Area Regulations has been amended to include the following allowable activities (which are otherwise prohibited under the general prohibitions of the Wildlife Area Regulations) for the BGBL National Wildlife Area:

  1. wildlife viewing;
  2. hiking;
  3. swimming;
  4. non-commercial picking of edible plants and edible mushrooms;
  5. boat launching and boat landing in the waters of Big Glace Bay Lake at the terminus of Lake Road (46°10′17.0″ N, 59°57′0.0″ W);
  6. motorized boating, with a motor of less than 10 horsepower (hp);
  7. non-motorized boating;
  8. cross-country skiing and snowshoeing; and
  9. sport fishing in accordance with any applicable federal permit and any authorization required by the laws of Nova Scotia for sport fishing in that province, during the times authorized by those laws.

Prince Edward Point, Ontario

The Regulations also add to the existing National Wildlife Area the two lots of land that form a narrow strip currently separating it into two sections. This has been done by amending the Wildlife Area Regulations through the addition of the land descriptions to the existing PEP National Wildlife Area description in Part IV of Schedule I.

Figure 2. Map of the additions to the Prince Edward Point National Wildlife Area

Figure 2. Carte des ajouts à la réserve nationale de faune de la Pointe-du-Prince-Édouard

The Regulations continue to allow the activities that are currently authorized within the National Wildlife Area in the newly added lands:

  1. wildlife viewing on designated roads and trails and in designated parking area;
  2. hiking at the locations referred to in item 1;
  3. participating in a group meal or group event involving 15 or more people at the locations referred to in item 1;
  4. operating a vehicle, other than a snowmobile or an all-terrain vehicle, on designated roads and trails and in designated parking areas;
  5. swimming at designated beach areas;
  6. boat launching and boat landing at a designated boat launch area;
  7. boating;
  8. overnight parking of vehicles, including boat trailers, at the parking lot of a designated boat launch area;
  9. cross-country skiing and snowshoeing on designated roads and trails and in designated parking areas; and
  10. sport fishing from the shoreline, in accordance with any applicable federal permit and any authorization required by the laws of Ontario for sport fishing in that province.

Administrative error corrections

The Regulations also correct three administrative errors that occurred when the Wildlife Area Regulations were modernized in November 2020, by making two amendments to Schedule I.1 to the Wildlife Area Regulations and one amendment to Schedule 1 to the EVAMPR.

The first relates to Last Mountain Lake National Wildlife Area in southern Saskatchewan where, for many years, non-commercial sport fishing has been authorized from May 5 of each year to March 31 of each subsequent year. However, when the Wildlife Area Regulations were modernized, the new Schedule I.1 incorrectly indicated that sport fishing was authorized from May 15 of each year to March 30 of each subsequent year. The Regulations change the non-commercial sport fishing season dates for Last Mountain Lake National Wildlife Area back to what they traditionally have been, namely from May 5 of each year to March 31 of each subsequent year.

The second error relates to the categories of game birds for which Schedule I.1 to the Wildlife Area Regulations authorizes sport hunting with dogs off leash in the Pope and Rockwood National Wildlife Areas in Manitoba, the Bradwell, Prairie, Stalwart, Tway, Webb and Last Mountain Lake National Wildlife Areas in Saskatchewan, and the Blue Quills and Spiers Lake National Wildlife Areas in Alberta. In these National Wildlife Areas, sport hunting with dogs off leash of migratory game birds and upland game birds has always been authorized. However, the Wildlife Area Regulations incorrectly indicate that, in these National Wildlife Areas, this type of hunting is authorized only with respect to waterfowl. The Regulations change the game bird categories for which sport hunting with dogs off leash is authorized in Schedule I.1 back to what they have been historically, namely to authorize such hunting for migratory game birds and upland game birds.

The third error consists of an inadvertent omission, from Schedule 1 to the EVAMPR, of a reference to three provisions of the Wildlife Area Regulations, which allow for administrative monetary penalties (AMPs) as a means of enforcement with respect to certain requirements within the Cap Tourmente National Wildlife Area in Quebec. The EVAMPR include a list of environmental regulatory provisions, the contravention of which constitutes an offence. The inclusion of Wildlife Area Regulations provisions in the EVAMPR widens the range of enforcement responses by providing enforcement officers with the option of addressing a violation with an AMP as opposed to a criminal or penal one. During the Wildlife Area Regulations modernization, which also included relevant amendments to the EVAMPR, the three Cap Tourmente National Wildlife Area-related Wildlife Area Regulations provisions that were previously included in the EVAMPR list were incorrectly removed. The Regulations reintroduce the three Wildlife Area Regulations provisions that were included in this list prior to the Wildlife Area Regulations modernization. These provisions pertain exclusively to the Cap Tourmente National Wildlife Area in Quebec. They prohibit the hunting of migratory birds without an approved hunting blind and require the payment of an entrance fee and a fee for naturalist services.

Regulatory development

Consultation

Big Glace Bay Lake, Nova Scotia

For the new BGBL National Wildlife Area, the Department reached out to 14 Indigenous communities and organizations (including a negotiation office representing 10 of the First Nations among these communities) and 21 stakeholder groups (including conservation organizations and municipal and provincial governments) with respect to the proposed National Wildlife Area designation and modifications to authorized activities within the proposed National Wildlife Area.

The Department sent a consultation package, by email or mail, consisting of a letter outlining the BGBL National Wildlife Area proposal, together with a map of the proposed National Wildlife Area and a table of current and proposed allowable activities within the area, to affected First Nations, non-governmental organizations, and provincial and municipal governments. The Department then followed up, by email or in person, with the groups that had not responded by the specified date, including the negotiation office representing 10 First Nations.

The Department received responses from one First Nation and 11 stakeholders, consisting of nine conservation organizations, one provincial government department, and one municipality. Overall, the responses received indicated support for the proposed designation of the BGBL area as a National Wildlife Area. However, a few concerns were raised.

One of the concerns raised was that the creation of the BGBL National Wildlife Area would prevent access to the beach (located along the northern boundary of the proposed National Wildlife Area), via the access road from Port Caledonia, known as the “Beach Road.” The original map included in the consultation package indicated that the road was found within the boundaries of the proposed National Wildlife Area. The Department sent a follow-up letter to all Indigenous communities and stakeholders, clarifying that it was not intended that the BGBL National Wildlife Area include this road. The administration and control of this road has been, and will continue to be, the responsibility of the Province of Nova Scotia, through its Department of Transportation and Infrastructure Renewal. Under the regulations as they were proposed for prepublication in the Canada Gazette, Part I, public pedestrian access to the beach would continue to be allowed and motorized vehicles would not be allowed within the boundaries of the BGBL National Wildlife Area (as is consistent with the current provincial regulations under the Nova Scotia Beaches Act, which are also in effect at this site). The follow-up letter included a revised map (see Figure 1 above) that excluded the road.

A concern was also raised that the proposed National Wildlife Area could unintentionally affect commercial fishing in the ocean lots to the north of the beach, which had been proposed as being included within the boundaries of the National Wildlife Area. The Department considered this feedback and decided to revise the proposed boundaries of the National Wildlife Area so that it did not include the marine portion. Given that the key ecological components of the area are located primarily on the BGBL beach and within Big Glace Bay Lake itself, this would not compromise the conservation objectives for the National Wildlife Area and would allow commercial fishing to continue without the requirement for a permit. The follow-up letter including the revised map (see Figure 1 above) excluded the ocean lots from the area of the proposed National Wildlife Area.

Concerns were also raised about potential restrictions on the launching and landing of boats, and the use of motorized boats. The follow-up letter also clarified that the proposed Regulations would allow boat launching and landing from a designated terminus, as well as motorized boating, provided the boats are equipped with motors of less than 10 hp, without the need for a permit.

Possible constraints on recreational fishing were also among the concerns raised. The follow-up letter clarified that the proposed Regulations would not restrict recreational fishing, with the exception of the proposed new requirement of using only lead-free tackle under 50 g within the boundaries of the proposed National Wildlife Area.

Prince Edward Point, Ontario

Prior to the acquisition of the two parcels proposed for addition to the PEP National Wildlife Area by the Department, the lands were privately owned, and the owner did not permit their use by others. A short while ago, an inspection by the Department revealed no visible signs of recent use. Furthermore, the activities authorized or prohibited on these additional lands would be the same under the proposed Regulations as those currently authorized or prohibited under the Wildlife Area Regulations in the adjacent lands already designated as part of the National Wildlife Area. Therefore, the Department did not undertake any consultations concerning the expanded PEP National Wildlife Area prior to prepublication in the Canada Gazette, Part I.

Prepublication

On June 5, 2021, the proposed Regulations were prepublished in the Canada Gazette, Part I, for a 30-day public comment period.

Big Glace Bay Lake, Nova Scotia

Three local conservation organizations submitted written comments, providing feedback and expressing support for the designation of the BGBL National Wildlife Area.

The first organization requested motorized all-terrain vehicle access to the BGBL beach to remove large and heavy debris that could cause harm to wildlife. As the Wildlife Area Regulations provide the authority to issue permits to allow for such activities, including operating a conveyance for the purpose of “promoting the conservation or protection of wildlife or wildlife habitat,” the permitting process will be used to respond to such requests. The issuance of permits is conditional upon the benefits of the activity outweighing its adverse effects, and the absence of alternatives that would produce equivalent benefits with lesser adverse effects. Issuing a permit for such an activity, rather than allowing the activity without the need for a permit, will allow the Department to better protect wildlife and habitat by providing the flexibility to consider the particulars of any permit request (timing, location, etc.) and also by allowing the Department to add terms and conditions to the permit, which will further minimize and mitigate impacts. However, it is important to note that because critical habitat has been identified under SARA for the Piping Plover within the boundary of the BGBL National Wildlife Area, it will limit the Department’s ability to issue such permits. The Department will continue to work with this organization, and any others requesting such access, to ensure the best outcomes for wildlife and habitat within the BGBL National Wildlife Area.

The second of these organizations requested a revision of the BGBL National Wildlife Area boundaries, to include the marine waters adjacent to the BGBL beach barrier. The marine waters were originally included within the BGBL National Wildlife Area as proposed at the time that the Department held early consultations prior to prepublication in the Canada Gazette, Part I. During these early consultations, it was brought to the Department’s attention that this could negatively impact commercial fishing (specifically the lobster fishery), which currently operates in the area. The most important ecological components of the area are located primarily on the beach and within Big Glace Bay Lake itself and, therefore, exclusion of the marine waters will not compromise the conservation of the site. As such, the Department opted to remove the ocean portion from within the boundaries of the BGBL National Wildlife Area when the proposed Regulations were prepublished in the Canada Gazette, Part I. The organization that submitted this request was among the stakeholders that received a follow-up letter following the early consultations and prior to prepublication in the Canada Gazette, Part I, explaining the rationale for the exclusion of the marine waters.

The third of the organizations recommended that the designation of the BGBL National Wildlife Area be accompanied by funding for public education to support appropriate recreational use and adequate protection of wildlife. The Department will develop compliance promotion signage at the site, delineating the boundaries and the activities that are allowed and not allowed. Web content on Canada.ca will also be developed. The Department will explore the possibility of further investments for public education at the site in the future, for example through the NatureHood program in collaboration with Nature Canada, or the Connecting Canadians with Nature initiative with the Canadian Parks Council.

Prince Edward Point, Ontario

Stakeholders did not submit comments concerning the expansion of the PEP National Wildlife Area during the prepublication comment period.

Administrative error corrections

These errors were identified subsequent to prepublication of the proposed Regulations in the Canada Gazette, Part I. Given that correcting these errors realigns the Wildlife Area Regulations and the EVAMPR with provincial regulations and/or long-standing practice, the corrections are not anticipated to have any impact on stakeholders, and therefore no consultations on the corrections were undertaken.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, the Department proceeded with an assessment of the modern treaty implications (AMTI) of the proposed Regulations.

Neither BGBL nor PEP is located within modern treaty areas, and the proposed Regulations would not affect any existing Aboriginal rights. The AMTI did not identify any modern treaty implications in association with creating a new BGBL National Wildlife Area or adding lands to the existing PEP. It concluded that a detailed assessment is unnecessary. As noted above, the Department consulted Indigenous groups in the areas surrounding the proposed BGBL National Wildlife Area. One response was received and it was supportive. For the PEP National Wildlife Area, a formal consultation process was not undertaken prior to prepublication in the Canada Gazette, Part I, as the two parcels of land to be added to the National Wildlife Area were privately held, by an owner who had not permitted their use by others, and an inspection revealed no visible signs of any recent use, including by local Indigenous peoples.

Instrument choice

National Wildlife Areas are established to protect and conserve wildlife and wildlife habitat, and section 12 of the CWA authorizes the Governor in Council to establish National Wildlife Areas by regulation. Amending regulations allows for optimizing the management of lands of high conservation value, in order to ensure the greatest possible effectiveness of wildlife and wildlife habitat protection and conservation measures; therefore, other instruments were not considered.

Regulatory analysis

Benefits

Canada’s natural heritage is an integral part of its national identity and history. Canadians value wildlife, in all its forms, for aesthetic, cultural, spiritual, recreational, educational, historic, economic, medical, ecological and scientific reasons.footnote 3

The lots added to the area of the BGBL MBS to form the new BGBL National Wildlife Area and the lots added to the PEP National Wildlife Area together contribute 47.4 hafootnote 4 towards Canada’s delivery on its commitment to protect and conserve 25% of its terrestrial areas by 2025.

The Regulations protect local wildlife species (including species at risk) and their habitats in both the BGBL and PEP areas. The BGBL MBS conserves and protects habitat for several key bird species (e.g. American Black Duck, Canada Goose, Common Goldeneye, Bufflehead) and has been declared critical habitat under SARA for the endangered species of Piping Plover.footnote 5 The PEP National Wildlife Area conserves and protects habitat for at least 33 protected species under SARA (e.g. birds, butterflies, snakes, bats), including 10 endangered species, and 23 threatened species and species of special concern.

Some research suggests that biological diversity enhances the resilience of desirable ecosystem states.footnote 6 Because the wildlife species and habitats in the BGBL and PEP areas are important components of Canada’s ecosystems, the Regulations help promote the biodiversity that contributes to healthy ecosystems, as well as facilitate the management of wildlife and habitat conservation efforts in these areas.

Furthermore, protected areas are important tools for adapting to climate change,footnote 7 through processes such as species protection, genetic diversity promotion, and carbon sequestration in protected habitats. Therefore, the new BGBL National Wildlife Area and the expanded PEP National Wildlife Area might also play a role in mitigating certain effects of climate change.

The Regulations will therefore contribute to Canadians benefiting directly and indirectly from the wildlife present in the BGBL and PEP areas and from their habitats, for generations to come.

Costs

There are no economic activities currently taking place within the boundaries of the BGBL National Wildlife Area or within the additions to the PEP National Wildlife Area.

There are currently no active exploration licences or mineral leases that affect the BGBL National Wildlife Area, nor have any such licences or leases affecting this area been issued in the past. Furthermore, a provincial closure applies to lands of this National Wildlife Area. These closures prevent affected lands from being subject to applications for exploration licences. Even if a closure were lifted, the Nova Scotia Mineral Resources Act requires any mineral leaseholder to obtain permission from the relevant landowner before entering lands (including Crown lands) that are subject to the lease. The province has indicated that the closure affecting the BGBL area is not likely to be lifted in the foreseeable future. Even if this closure were to be lifted, the Nova Scotia Mineral Resources Act requirements would apply and the Department would not grant any mineral leaseholder permission to enter the lands of the BGBL National Wildlife Area. It is therefore very unlikely that any mineral extraction activities would occur in the BGBL area once it has been designated as a National Wildlife Area.

The Regulations are not anticipated to result in any significant new costs to businesses, consumers or the Canadian public. The areas and uses of the new BGBL National Wildlife Area and of the expanded PEP National Wildlife Area do not substantially differ from the areas and uses of the BGBL MBS and of the PEP National Wildlife Area prior to the additions of lands.

The Department estimates that the Regulations will lead to overall costs for the GC of approximately $169,400footnote 8 (initial set-up, administration and enforcement) for the first year and of approximately $141,700 (administration and enforcement) per year in following years, as delineated below.

For the BGBL National Wildlife Area, costs will be an additional $2,000 per year. This includes ongoing annual administrative costs, which are slightly greater for a National Wildlife Area than for an MBS, in an area located several hours in travel distance away from the Department’s regional headquarters. Initial set-up costs for the first year of the BGBL National Wildlife Area would be an estimated $7,700 for new signage production and installation, travel, staff time and transportation of equipment.

For the PEP National Wildlife Area, anticipated costs will be an estimated additional $5,000 per year for site administration and contract management. In the first year of the expansion of the PEP National Wildlife Area, initial set-up costs will approximate $20,000 for additional signage (i.e. for the production and installation of signs at National Wildlife Area boundaries) and for biological monitoring and habitat management activities (e.g. removal of invasive species). These set-up costs are not expected to be incurred in following years, although they may be spread over two fiscal years depending on the date of publication in the Canada Gazette, Part II.

The promotion of compliance through targeted communications to key regulated groups and communities and the development of new web content will give rise to certain modest costs of approximately $2,000 total for both the new BGBL National Wildlife Area and the expanded PEP National Wildlife Area.

The incremental cost of enforcement in these areas will be minimal, as monitoring of the existing BGBL MBS and PEP National Wildlife Area is already required by regulation. Furthermore, the areas and uses of the BGBL and PEP National Wildlife Areas do not differ substantially from the areas and uses of the current BGBL MBS and PEP National Wildlife Area.

For the BGBL National Wildlife Area, the anticipated total annual incremental enforcement costs will be approximately $27,310, based on the resources required for four inspections per year. For the PEP National Wildlife Area, only a small incremental increase in enforcement costs will be associated with patrolling the two added parcels of land.

Finally, the amendments correcting the three administrative errors in Schedule I.1 to the Wildlife Area Regulations and Schedule 1 to the EVAMPR simply re-establish previously existing situations in the National Wildlife Areas concerned. These amendments will not, in and of themselves, result in any new costs.

Small business lens

Analysis under the small business lens concluded that the Regulations will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

The Regulations will not affect the regulatory cooperation and alignment activities of the GC.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a strategic environmental assessment (SEA) was conducted for the establishment of the BGBL National Wildlife Area and the addition of lands to the PEP National Wildlife Area. The SEA concluded that the Regulations are not likely to result in important negative environmental effects. The Regulations will have positive environmental effects and will contribute to the implementation of the following 2019–2022 Federal Sustainable Development Strategy goals:

Gender-based analysis plus

A gender-based analysis plus (GBA+) was undertaken. No negative GBA+ impacts were identified. However, the GBA+ suggested some minor positive effects for local Indigenous groups, nature lovers and wildlife tourists, as a result of increased access to slightly more extensive protected wildlife areas.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations come into force upon registration.

Upon establishment of the BGBL National Wildlife Area, expansion of the PEP National Wildlife Area and coming into force of the three amendments to Schedule I.1 to the Wildlife Area Regulations and Schedule 1 to the EVAMPR, the Department will continue to be the lead federal organization responsible for compliance promotion and enforcement activities according to the protections provided for under Wildlife Area Regulations.

Compliance and enforcement

A compliance strategy has been developed to support implementation of the Regulations. 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 Regulations will not impose any significant new requirements, compliance promotion and enforcement activities will be limited and will have a targeted focus. These activities may involve web content, social media, direct mail outs and signage.

The CWA provides wildlife officers (designated under the CWA) with various powers (e.g. inspection, right of passage, search and seizure, custody of things seized) and enforcement measures (compliance orders, tickets, AMPs under the EVAMPR and prosecutions) to secure compliance. The Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations (the Designation Regulations) designate offences under the CWA that subject an offender to minimum fines and increased maximum fines upon conviction by prosecution.

Enforcement activities are generally prioritized based on conservation risk to wildlife and wildlife habitat, as well as the level of risk of non-compliance. In cases involving minor situations of non-compliance, a warning, compliance order, ticket or AMP may be appropriate. In cases involving a serious incident of non-compliance, prosecution may be the most appropriate recourse for enforcement purposes. In such cases, the fine regime described in the Designation Regulations would apply upon conviction. The Designation Regulations also explain offences and punishments (penalties, fines and imprisonment) for offenders, whether they are individuals, small revenue corporations or other persons. Schedule I.2 to the Contravention Regulations designates offences under the CWA that can subject an offender to a ticket. Part 2, Division 1 of Schedule 1 to the EVAMPR designates violations under the CWA that can subject a violator to an AMP.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs
Canadian Wildlife Service
Environment and Climate Change Canada
351 St. Joseph Boulevard, 16th Floor
Gatineau, Quebec
K1A 0H3
Email: ReglementsFaune-WildlifeRegulations@ec.gc.ca