Regulations Amending the Migratory Birds Regulations, 2022: SOR/2022-147
Canada Gazette, Part II, Volume 156, Number 14
Registration
SOR/2022-147 June 21, 2022
MIGRATORY BIRDS CONVENTION ACT, 1994
P.C. 2022-711 June 20, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Regulations Amending the Migratory Birds Regulations, 2022 under subsection 12(1)footnote a of the Migratory Birds Convention Act, 1994footnote b.
Regulations Amending the Migratory Birds Regulations, 2022
Amendments
1 (1) The portion of section 14 of the French version of the Migratory Birds Regulations, 2022 footnote 1 before paragraph (a) is replaced by the following:
Cas d’invalidité
14 Un permis n’est pas valide dans les cas suivants :
(2) Paragraph 14(a) of the Regulations is replaced by the following:
- (a) in the case of permits other than migratory game bird hunting permits, if it is not signed by the individual to whom it is issued or, if it is not issued to an individual, by a representative of the person to whom it is issued;
(3) Paragraph 14(b) of the French version of the Regulations is replaced by the following:
- b) il est annulé ou suspendu, sauf s’il est délivré à nouveau conformément au paragraphe 15(3);
(4) Paragraph 14(c) of the Regulations is replaced by the following:
- (c) if it expires in accordance with section 16 or 33.
2 (1) The definitions Avalon-Burin Coastal Newfoundland Zone, Central Labrador Zone, Inland Newfoundland Zone, Murre Zone No. 1, Murre Zone No. 2, Northeastern Coastal Newfoundland Zone, Northern Coastal Newfoundland Zone, Northern Labrador Zone, Northwestern Coastal Newfoundland Zone, Southern Coastal Newfoundland Zone, Southern Labrador Zone, Southwestern Coastal Newfoundland Zone and Western Labrador Zone in section 1 of Part 1 of Schedule 3 to the Regulations are replaced by the following:
- Avalon-Burin Coastal Newfoundland Zone
- means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a straight line drawn due south from Cape Rosey, and from there in a generally easterly and northerly direction along the coast, ending at a boundary line drawn due northeast from Cape Bonavista. (Zone côtière d’Avalon-Burin de Terre-Neuve)
- Central Labrador Zone
- means the portion of Labrador that is not within the Northern Labrador Zone, the Western Labrador Zone or the Southern Labrador Zone. (Zone centre du Labrador)
- Inland Newfoundland Zone
- means the portion of the Island of Newfoundland, and of the adjacent offshore islands, that is not within the Northwestern Coastal Newfoundland Zone, the Northern Coastal Newfoundland Zone, the Southern Coastal Newfoundland Zone, the Southwestern Coastal Newfoundland Zone, the Northeastern Coastal Newfoundland Zone or the Avalon-Burin Coastal Newfoundland Zone. (Zone intérieure de Terre-Neuve)
- Murre Zone No. 1
- means the coastal waters in the Northern Labrador Zone and the Central Labrador Zone. (Zone de guillemots no 1)
- Murre Zone No. 2
- means the coastal waters in the Southern Labrador Zone and the portions of the Northwestern Coastal Newfoundland Zone, the Northern Coastal Newfoundland Zone and the Northeastern Coastal Newfoundland Zone bounded by a line drawn due northeast from Deadman’s Point (latitude 49°21′N, longitude 53°41′W) and a line drawn due west from Cape St. Gregory (latitude 49°24′N, longitude 58°14′W). (Zone de guillemots no 2)
- Northeastern Coastal Newfoundland Zone
- means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and adjacent marine coastal waters, bounded by a line drawn due northeast through Cape Bonavista, and from there in a generally westerly direction along the coast, ending at a boundary line drawn due northeast through Cape St. John. (Zone côtière du nord-est de Terre-Neuve)
- Northern Coastal Newfoundland Zone
- means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a line drawn due northeast from Cape Bauld, and from there southward along the east coast, ending in a boundary line drawn due northeast through Cape St. John. (Zone côtière du nord de Terre-Neuve)
- Northern Labrador Zone
- means the portion of Labrador lying north of latitude 54°24′N and east of longitude 65°W. (Zone nord du Labrador)
- Northwestern Coastal Newfoundland Zone
- means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a line drawn due west from Cape St. Gregory, and from there northward and eastward along the coast, ending in a boundary line drawn due northeast through Cape Bauld. (Zone côtière du nord-ouest de Terre-Neuve)
- Southern Coastal Newfoundland Zone
- means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a line drawn due west through Cape Ray, and from there southward and eastward along the coast, ending at a line drawn due south through Cape Rosey. (Zone côtière du sud de Terre-Neuve)
- Southern Labrador Zone
- means the portion of Labrador lying south of latitude 53°06′N (Boulter Rock) and east of longitude 57°06′40″W. (Zone sud du Labrador)
- Southwestern Coastal Newfoundland Zone
- means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a line drawn due west from Cape St. Gregory, and from there southward along the coast, ending in a boundary line drawn due west through Cape Ray. (Zone côtière du sud-ouest de Terre-Neuve)
- Western Labrador Zone
- means the portion of Labrador lying west of longitude 65°W. (Zone ouest du Labrador)
(2) The definitions Murre Zone No. 3 and Murre Zone No. 4 in section 1 of Part 1 of Schedule 3 to the English version of the Regulations are replaced by the following:
- Murre Zone No. 3
- means the portions of the Southwestern Coastal Newfoundland Zone and the Avalon-Burin Coastal Newfoundland Zone bounded by a line drawn due west from Cape St. Gregory (latitude 49°24′N, longitude 58°14′W) and a line drawn due east from Western Bay Head (latitude 47°53′N, longitude 53°03′ W), excluding the portion of the Avalon-Burin Coastal Newfoundland Zone bounded by a line drawn due east from Cape Race (latitude 46°39′N, longitude 53°04′W) and a line drawn due east from Cape Spear (latitude 47°31′20″N, longitude 52°37′40″W). (Zone de guillemots no 3)
- Murre Zone No. 4
- means the portions of the Avalon-Burin Coastal Newfoundland Zone and the Northeastern Coastal Newfoundland Zone bounded by a line drawn due east from Cape Race (latitude 46°39′N, longitude 53°04′W) and a line drawn due northeast from Deadman’s Point (latitude 49°21′N, longitude 53°41′W), excluding the portion of the Avalon-Burin Coastal Newfoundland Zone bounded by a line drawn due east from Cape Spear (latitude 47°31′20″N, longitude 52°37′40″W) and by a line drawn due east from Western Bay Head (latitude 47°53′N, longitude 53°03′W). (Zone de guillemots no 4)
| Item |
Column 3 Possession Limit |
Column 4 Open Season |
Column 5 Daily Bag Limit |
|---|---|---|---|
1(c) |
20 |
(i) September 1 to September 15 |
5 (plus an additional 5 Canada Geese or Cackling Geese in any combination) |
(ii) October 1 to December 31 |
(A) 5, from October 1 to November 14 (B) 3, from November 15 to December 31 |
| Item |
Column 3 Possession Limit |
Column 4 Open Season |
Column 5 Daily Bag Limit |
|---|---|---|---|
1(c) |
20 |
(i) September 1 to September 15 |
5 (plus an additional 5 Canada Geese or Cackling Geese in any combination) |
(ii) October 1 to December 31 |
5 |
| Item |
Column 3 Possession Limit |
Column 4 Open Season |
Column 5 Daily Bag Limit |
|---|---|---|---|
2(c) |
20 |
(i) September 1 to September 15 |
5 (plus an additional 5 Canada Geese or Cackling Geese in any combination) |
(ii) October 16 to January 15 |
5 |
6 (1) The definition Zone No. 1 in section 1 of Part 4 of Schedule 3 to the Regulations is replaced by the following:
- Zone No. 1
- means the portion of Saint John County lying south of No. 1 Highway and west of Saint John Harbour, and the portion of Charlotte County lying south of No. 1 Highway including the islands of the Grand Manan Group and Campobello Island. (Zone no 1)
(2) The definition Zone No. 2 in section 1 of Part 4 of Schedule 3 to the English version of the Regulations is replaced by the following:
- Zone No. 2
- means any portion of New Brunswick that is not in Zone No. 1 or the areas described in section 2. (Zone no 2)
7 (1) Paragraph 2(a) of Part 4 of Schedule 3 to the English version of the Regulations is replaced by the following:
(a) the islands, islets, rocks and ledges in the County of Charlotte, Parish of Pennfield, and in the Bay of Fundy, designated as The Wolves according to the Gazetteer of Canada for New Brunswick, Ottawa, 1972, and shown on 1:50,000 series National Topographic System Map No. 21B/15 and 21B/14, third edition (combined map), including any foreshore and any small islets or rocks that do not appear on that map, and also including the reefs and surrounding waters lying within the quadrilateral defined by points having the following geographic coordinates: latitude 45°00′N, longitude 66°39′W; latitude 44°55′N, longitude 66°39′W; latitude 44°55′N, longitude 66°46′W; latitude 45°00′N, longitude 66°46′W, and the area of the Tabusintac River Estuary in Northumberland County, east of Highway number 11, south of Wishart Point Road, west of a line between Wishart Point and Point of Marsh and northwest of Covedell Road;
(2) Paragraphs 2(b) and (c) of Part 4 of Schedule 3 to the Regulations are replaced by the following:
- (b) Bathurst Harbour and Bathurst Basin, commencing at the Carron Point lighthouse; from there north across the mouth of Bathurst Harbour to Youghall Point; from there following the mean high-water mark to the first bridge on the Tetagouche River (Highway 134); from there following the mean high-water mark of Bathurst Harbour and Bathurst Basin to the first bridge on the Middle River (Riverside Drive and Little River Drive); from there following the mean high-water mark to the first bridge on the Little River (NB Trail); from there following the mean high-water mark to the first bridge on the Nepisiguit River (Bridge Street); and from there following the mean high-water mark to the point of commencement;
- Except for the following, which remain open to hunting: all lots, pieces or parcels of land situated in the Parish of Bathurst in the County of Gloucester and described as follows: the ungranted Crown islands, situated in Bathurst Harbour, which are numbered 1 and 2 and have the following approximate geographic coordinates:
- island no. 1: latitude 47°38′55″, longitude 65°38′09″;
- island no. 2: latitude 47°37′59″, longitude 65°38′48″;
(c) the area containing portions of the Restigouche River and Chaleur Bay as shown on National Topographic Series Map Sheet No. 22B/1 (Escuminac, edition 3(B)) produced at a scale of 1:50,000 by the Department of Energy, Mines and Resources at Ottawa, and described as follows: commencing at the most easterly extremity of Dalhousie Island at approximate latitude 48°04′15″ and approximate longitude 66°21′45″; from there due east in a straight line to a line in the Restigouche River and Chaleur Bay that is 1 km perpendicularly distant and parallel to the southerly ordinary high-water mark of the Restigouche River; from there generally southeasterly and southwesterly along the line that is 1 km perpendicularly distant and parallel to the southerly ordinary high-water mark of the Restigouche River and Chaleur Bay to a point that is due east of the mouth of Miller Brook; from there due west to the mouth of that brook; and from there northerly, northeasterly and northwesterly along that ordinary high water-mark of the Restigouche River and Chaleur Bay to the point of commencement, including all islands, shoals and rocks lying within the above described area.
| Item |
Column 3 Possession Limit |
Column 4 Open Season |
Column 5 Daily Bag Limit |
|---|---|---|---|
1(c) |
20 |
(i) September 1 to September 15 |
5 (plus an additional 5 Canada Geese or Cackling Geese in any combination) |
(ii) October 15 to January 14 |
5 |
| Item |
Column 3 Possession Limit |
Column 4 Open Season |
Column 5 Daily Bag Limit |
|---|---|---|---|
| 2(c) |
20 |
(i) September 1 to September 15 |
5 (plus an additional 5 Canada Geese or Cackling Geese in any combination) |
(ii) October 1 to December 31 |
5 |
10 (1) The definitions District D and District E in section 1 of Part 5 of Schedule 3 to the Regulations are replaced by the following:
- District D
- means the portion of Quebec included in the portion of Provincial Hunting Zones 18, 21 and 28 lying west of longitude 70°00′W and the portion of Provincial Hunting Zone 27 lying west of longitude 70°00′W and north of the latitude at the Saint-Siméon wharf to Route 381 and from there to the northern limit of Provincial Hunting Zone 27. (District D)
- District E
- means the portion of Quebec included in Provincial Hunting Zone 1; the portion of Provincial Hunting Zone 2 lying east of Route 185 to its intersection with du Loup River and lying east of a line running along the centre of that river to the north end of the Rivière-du-Loup wharf; the portion of Provincial Hunting Zone 28 lying east of longitude 70°00′W; the portion of Provincial Hunting Zone 27 lying east of longitude 70°00′W and north of the latitude at the Saint-Siméon wharf; and the portion of Provincial Hunting Zone 18 and the waters of the Saguenay lying east of the limit of District D, including the portion of the waters of Chaleur Bay and the St. Lawrence River lying east of the route of the ferry crossing from Saint-Siméon to Rivière-du-Loup to the boundaries of Districts B and G. (District E)
(2) The definitions District A, District B, District C and District F in section 1 of Part 5 of Schedule 3 to the English version of the Regulations are replaced by the following:
- District A
- means the portion of Quebec included in Provincial Hunting Zones 17 and 22 to 24. (District A)
- District B
- means the portion of Quebec included in Provincial Hunting Zones 19 south, 20 and 29 and the portion of Provincial Hunting Zone 21 included in the electoral district of Duplessis that is situated opposite to Provincial Hunting Zones 19 south and 20. (District B)
- District C
- means the portion of Quebec included in Provincial Hunting Zones 12 to 14 and 16. (District C)
- District F
- means the portion of Quebec included in the portion of Provincial Hunting Zone 2 lying west of District E; Provincial Hunting Zones 3 to 11, 15 and 26; and the portion of Provincial Hunting Zone 27 lying south of Districts D and E, including the portion of the waters of the St. Lawrence River lying west of District E. (District F)
11 Section 2 of Part 5 of Schedule 3 to the English version of the Regulations is replaced by the following:
2 In this Part, the Provincial Hunting Zones are the areas described in Quebec’s Regulation respecting fishing and hunting areas, made under the Act Respecting the Conservation and Development of Wildlife, R.S.Q., c. C-61.1.
12 (1) Paragraphs 3(a) and (b) of Part 5 of Schedule 3 to the Regulations are replaced by the following:
- (a) Cap Tourmente:
- The waters included within the limit described as follows:
- Commencing at the intersection of the low-water mark along the northerly shore of the St. Lawrence River with the southwesterly boundary of shore lot 3,814,431 of the cadastre of Quebec, registration division of Montmorency; from there southeasterly along the extension of that boundary to a point on the straight line joining the light buoys designated V13 and V6 on Canadian Hydrographic Service chart number 1317; from there easterly along that straight line to the light buoy designated V6 on that chart; from there northeasterly in a straight line toward the light buoys designated K108 and K103 on chart number 1317; from there northeasterly in a straight line to the light buoy designated K95 on chart number 1317, but ending abreast of LL 1902 Cap Brûlé fixed navigation aid located on the northern shore of the St. Lawrence River; from there northwesterly in a line perpendicular to the low-water mark opposite LL 1902 Cap Brûlé fixed navigation aid; from there southwesterly along the low-water mark to the point of commencement, together with the portion of the right-of-way of the railway from lot 3,814,431 of the cadastre of Quebec, registration division of Montmorency; and from there easterly abreast of LL 1902 Cap Brûlé fixed navigation aid;
- The parcel of land described as follows:
- Lot 3,815,311 of the cadastre of Quebec, registration division of Montmorency, and the part of the right-of-way of the railway shown on Public Works Canada Plan AM-92-7485, and the zone between the low-water mark of the St. Lawrence River and the northern limit of the railway right-of-way, bounded on the west by Cap Tourmente National Wildlife Area and on the east by LL 1902 Cap Brûlé fixed navigation aid. In addition, this zone includes the right of way of the public road called “Cap Tourmente Road”, which is located in the municipality of Saint-Joachim;
- (b) Portage:
- In the Gulf of St. Lawrence, at approximate latitude 47°37′15″N and approximate longitude 61°29′30″W, a part of les Îles de la Madeleine together with the waters included within the limit described as follows:
- Commencing at the intersection of the ordinary high-water mark of Baie Clarke with a plumb line originating from the centre of the bridge of Route 199 at its northwesterly end; from there southwesterly in a straight line (in Havre de la Grande Entrée) to a point situated 200 m from the ordinary high-water mark and on the extension southeasterly of the most easterly limit of lot 3,777,410 of the cadastre of Quebec, registration division of Îles-de-la-Madeleine; from there northwesterly following that extension line and southeasterly limit of that lot; from there northwesterly following the easterly limits of lots 3,777,410, 3,779,909 and 3,776,833 and the extension of this later limit in the Gulf of St. Lawrence to a point situated 200 m, measured at a right angle, to the ordinary high-water mark of that Gulf; from there easterly following a line at 200 m from that water mark to a point situated 2000 m in a straight line from that point; from there southerly in a straight line to the intersection of the westerly bank of an unnamed creek with the ordinary high-water mark of Baie Clarke at approximate latitude 47°37′15.32″N and approximate longitude 61°28′24.45″W; and from there southwesterly following that water mark to the point of commencement;
(2) Paragraph 3(c) of Part 5 of Schedule 3 to the English version of the Regulations is replaced by the following:
- (c) Havre aux Basques:
- In the municipality of Les Îles-de-la-Madeleine, including a portion of Île du Cap aux Meules and a portion of Île du Havre Aubert, a parcel of land described as follows:
- Commencing at a northwestern point at approximate latitude 47º19′12″N and approximate longitude 61º57′41″W; from there southwesterly along the ordinary high-water mark of the Gulf of St. Lawrence to a southwestern point at approximate latitude 47º18′1.48″N and approximate longitude 61º58′16.70″W; from there easterly in a straight line to a southeastern point at approximate latitude 47º18′14.49″N and approximate longitude 61º56′2.37″W; from there northerly, along the ordinary high-water mark of Baie de Plaisance to a northeastern point at approximate latitude 47º18′59″N and approximate longitude 61º56′09″W; from there westerly in a straight line to the point of commencement; together with a zone extending 200 m easterly from the ordinary high-water mark of Baie de Plaisance and a zone extending 200 m westerly from the ordinary high-water mark of the Gulf of St. Lawrence; the northern and southern limits of those zones being an extension of the northerly boundary between the northeastern and northwestern points previously described and the extension of the southerly boundary between the southeastern and southwestern points previously described; and the eastern and western limits of those zones being lines parallel to the ordinary high-water marks of Baie de Plaisance and the Gulf of St. Lawrence;
(3) Paragraphs 3(d) and (e) of Part 5 of Schedule 3 to the Regulations are replaced by the following:
- (d) Lac Saint-Pierre (Nicolet):
- This area is located in the St. Lawrence River to the northwest of the Department of National Defence property near the town of Nicolet. It includes the open water and marshes inside a straight line between battery No. 5 (latitude 46°13′31″N and longitude 72°40′16″W) and the end of the Longue Pointe called OP-6 (latitude 46°10′15″N and longitude 72°45′03″W) on the Department of National Defence property, to the limit of the Nicolet Bird Sanctuary; and
- (e) Cap-Saint-Ignace:
- This area is located in the St. Lawrence River near the municipality of Cap-Saint-Ignace at approximate latitude 47°02′15″N and approximate longitude 70°29′10″W. It includes the open water and marshes between the high-water mark and the low-water mark starting from the western limit of the Cap-Saint-Ignace Bird Sanctuary, going west for about 400 m to the eastern limit of lot 3,251,418 of the cadastre of Quebec, registration division of Montmagny.
13 Section 4 of Part 5 of Schedule 3 to the Regulations is replaced by the following:
4 The open seasons set out in Table 2 do not apply in respect of Snow Geese in the portion of the St. Lawrence River bounded on the northeast by a straight line joining Cap Brûlé in the County of Charlevoix and the west side of the mouth of the Trois-Saumons River in the County of l’Islet and bounded on the southwest by a straight line joining the east side of the mouth of the Sainte-Anne River in the County of Montmorency and the wharf at the Town of Berthier-sur-Mer in the County of Montmagny except between the southern boundary of the north navigational channel and the northern boundary of the south navigational channel and exposed land within that portion of the St. Lawrence River.
14 Paragraph 2(a) of Part 6 of Schedule 3 to the Regulations is replaced by the following:
(a) a reference to a Wildlife Management Unit is a reference to a “wildlife management unit” in the Province of Ontario as referred to in Schedule 1 to Part 6 of Area Descriptions, Ontario Regulation 663/98 made under the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41, and if a wildlife management unit is referred to by a whole number only, the reference is to all of the wildlife management units referred to in that Schedule by that number used in combination with a letter or a letter and another number; and
15 Paragraphs 3(a) and (b) of Part 6 of Schedule 3 to the Regulations are replaced by the following:
- (a) the northeasterly portion of Lake St. Clair that is bounded by a line extending northwest (approximately 315°) from the south bank of the mouth of the Thames River in the County of Essex in Ontario to the international boundary between Canada and the United States and from there northeasterly following the international boundary line to the intersection with the southwesterly shore of Seaway Island, the portion of Rondeau Bay on Lake Erie in the Municipality of Chatham-Kent in Ontario, and the portion of Long Point Bay on Lake Erie in Norfolk County in Ontario that lies westerly of a line extending from the confluence of the waters of Lake Erie with the waters of Cottage Creek across the most westerly extremity of Whitefish Bar Island to the southerly shore of Turkey Point, each of those portions being situated more than 300 m from the shore, from an area of emergent vegetation or from a water line that forms a boundary of private property;
- (b) the portion of the St. Lawrence River at the beginning point where Lake St. Francis begins, lying between the easterly boundary of the dam at the site of the Robert H. Saunders Generating Station and the interprovincial boundary between Ontario and Quebec and situated more than 300 m from the shore of the mainland or any island, from any area of emergent vegetation or from any water line that forms a boundary of private property;
| Item |
Column 5 Daily Bag Limit |
|---|---|
4(b)(iv) |
(A) 10 (in Wildlife Management Units 60 to 81, 83, 86 to 92 and 95) (B) 8 (in Wildlife Management Units 82, 84, 85 and 93) |
17 The definitions Game Bird Hunting Zone No. 2, Game Bird Hunting Zone No. 3 and Game Bird Hunting Zone No. 4 in section 1 of Part 7 of Schedule 3 to the Regulations are replaced by the following:
- Game Bird Hunting Zone No. 2
- means the portion of Manitoba lying between Provincial Game Bird Hunting Zone No. 1 and the line commencing at the intersection of the boundary between Manitoba and Saskatchewan and latitude 53°N; from there easterly along that parallel of latitude to the east shore of Lake Winnipegosis; from there southeasterly along the shoreline of that lake to the northern limit of Township 43; from there easterly along the northern limit of that township to the boundary between Manitoba and Ontario. (Zone no 2 de chasse aux oiseaux considérés comme gibier)
- Game Bird Hunting Zone No. 3
- means the portion of Manitoba lying between Provincial Game Bird Hunting Zone No. 2 and Provincial Game Bird Hunting Zone No. 4. (Zone no 3 de chasse aux oiseaux considérés comme gibier)
- Game Bird Hunting Zone No. 4
- means Provincial Game Hunting Areas 22, 23, 24, 25A, 25B, 27, 28, 29, 29A, 30, 31, 31A, 32, 33, 34, 34A, 34B, 34C, 35, 35A, 36 and 38 as described in Manitoba’s Hunting Areas and Zones Regulation, M.R. 220/86, made under The Wildlife Act, C.C.S.M., c. W130. (Zone no 4 de chasse aux oiseaux considérés comme gibier)
| Item |
Column 6 Additional Hunting Method or Equipment |
|---|---|
3(a)(iii) |
Electronic bird calls of Snow Geese and Ross’s Geese may be used. From March 15 to April 10, electronic bird calls of Canada Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted |
| Item |
Column 4 Open Season |
|---|---|
3(b) |
March 1 to April 10 |
| Item |
Column 6 Additional Hunting Method or Equipment |
|---|---|
3(b) |
Electronic bird calls of Canada Geese may be used. From March 15 to April 10, electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted |
| Item |
Column 6 Additional Hunting Method or Equipment |
|---|---|
4(a)(iii) |
Electronic bird calls of Snow Geese and Ross’s Geese may be used. From March 15 to April 10, electronic bird calls of Canada Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted |
| Item |
Column 4 Open Season |
|---|---|
4(b) |
March 1 to April 10 |
| Item |
Column 6 Additional Hunting Method or Equipment |
|---|---|
4(b) |
Electronic bird calls of Canada Geese may be used. From March 15 to April 10, electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted |
20 The definitions District No. 1 (North) and District No. 2 (South) in section 1 of Part 8 of Schedule 3 to the Regulations are replaced by the following:
- District No. 1 (North)
- means Provincial Wildlife Management Zones 43 and 47 to 76. (District no 1 (Nord))
- District No. 2 (South)
- means Provincial Wildlife Management Zones 1 to 42 and 44 to 46, and the Saskatoon and Regina-Moose Jaw Provincial Wildlife Management Zones. (District no 2 (Sud))
21 Section 3 of Part 8 of Schedule 3 to the English version of the Regulations is replaced by the following:
3 For the purpose of paragraph 28(3)(b) of these Regulations, during the period that begins on the first day of an open season set out in Table 1 in respect of Canada Geese, Cackling Geese or White-fronted Geese and ends on October 14, the period during which hunting for those species in District No. 2 (South) and the portion of District No. 1 (North) consisting of Provincial Wildlife Management Zones 43, 47 to 59 and 67 to 69 is prohibited begins at noon local time on any day and ends half an hour before sunrise the next day.
| Item |
Column 3 Possession Limit |
|---|---|
1(b) |
24 |
| Item |
Column 5 Daily Bag Limit |
|---|---|
1(b) |
8 |
23 The definitions Zone No. 1 and Zone No. 2 in section 1 of Part 9 of Schedule 3 to the Regulations are replaced by the following:
- Zone No. 1
- means Wildlife Management Units 200, 202 to 204, 206, 208, 216, 220 to 222, 224, 226, 228, 230, 232, 234, 236, 238, 240, 242, 244, 246, 248, 250, 252, 254, 256, 258, 260, 316, 318, 320, 322, 324, 326, 328, 330, 332, 334, 336 to 340, 342, 344, 346 to 360, 400, 402, 404, 406, 408, 410, 412, 414, 416 to 418, 420, 422, 426, 428 to 430, 432, 434, 436 to 442, 444 to 446, 500 to 512, 514 to 532, 534 to 537, 539 to 542, 544, 841 and 936. (Zone no 1)
- Zone No. 2
- means Wildlife Management Units 102, 104, 106, 108, 110, 112, 116, 118, 119, 124, 128, 130, 132, 134, 136, 138, 140, 142, 144, 148, 150 to 152, 156, 158, 160, 162 to 164, 166, 210, 212, 214, 300, 302 to 306, 308, 310, 312 and 314. (Zone no 2)
| Item |
Column 3 Possession Limit |
|---|---|
1(b) |
24 |
| Item |
Column 5Daily Bag Limit |
|---|---|
1(b) |
8 |
| Item |
Column 3 Possession Limit |
|---|---|
2(b) |
24 |
| Item |
Column 5 Daily Bag Limit |
|---|---|
2(b) |
8 |
26 The definitions District No. 1, District No. 2, District No. 3, District No. 4, District No. 5, District No. 6, District No. 7 and District No. 8 in section 1 of Part 10 of Schedule 3 to the Regulations are replaced by the following:
- District No. 1
- means Provincial Management Units 1-1 to 1-15. (District no 1)
- District No. 2
- means Provincial Management Units 2-2 to 2-19. (District no 2)
- District No. 3
- means Provincial Management Units 3-12 to 3-20 and 3-26 to 3-44. (District no 3)
- District No. 4
- means Provincial Management Units 4-1 to 4-9 and 4-14 to 4-40. (District no 4)
- District No. 5
- means Provincial Management Units 5-1 to 5-15. (District no 5)
- District No. 6
- means Provincial Management Units 6-1 to 6-30. (District no 6)
- District No. 7
- means Provincial Management Units 7-2 to 7-58. (District no 7)
- District No. 8
- means Provincial Management Units 8-1 to 8-15 and 8-21 to 8-26. (District no 8)
Coming into Force
27 These Regulations come into force on the day after the day on which the Migratory Birds Regulations, 2022 come into force, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The status of migratory game bird populations in Canada fluctuates over time. Both population decreases and increases can have a negative impact on wildlife, the environment and the health, safety and economy of human communities. Therefore, regular amendments to the Migratory Birds Regulations, 2022 are needed to help ensure a sustainable harvest of migratory game bird populations. Amendments are also required to ensure that Canada is meeting its obligations under the Migratory Birds Convention.
Background
Canada and the United States share a commitment to work together to conserve migratory birds in North America. In 1916, the United Kingdom, on behalf of Canada, and the United States signed the Convention for the Protection of Migratory Birds in the United States and Canada (the Migratory Birds Convention), which was amended in 1995 by the Parksville Protocol. Canada implements those agreements via the Migratory Birds Convention Act, 1994 (the Act) and regulations made under that statute including the Migratory Birds Regulations, 2022 (the Regulations). The objective of the Migratory Birds Convention, the Act, and the Regulations is to conserve and protect migratory birds. This objective is achieved in part for migratory game birds, through the collaborative management of hunting.
Canada and the United States agreed through the Migratory Birds Convention, as amended by the Parksville Protocol, to limit the hunting of migratory game birds to a period that may not exceed 107 days beginning no earlier than September 1 and ending no later than March 10. The Parksville Protocol provides an exception for residents of Yukon, the Northwest Territories and Nunavut for whom the closed season may be made shorter. For example, in some regions of the Yukon the hunting season starts as early as August 15. Within this period, hunting season dates (also known as open season dates), daily bag limits and possession limits may be adjusted to manage the impact of hunting on migratory game bird populations. The Regulations protect migratory birds during their breeding season. The Regulations are reviewed every two years to ensure that hunting of migratory game birds is consistent with the goal of maintaining sustainable migratory game bird populations.
In addition, Canada and the United States agreed through the Migratory Birds Convention, as amended by the Parksville Protocol, that each Party could make regulations that permit the killing of migratory birds which, under extraordinary conditions, may become seriously injurious to the agricultural or other interests in any particular community. In the Regulations, this is reflected by extending the period during which overabundant migratory game bird species may be hunted under a Migratory Game Bird Hunting Permit (MGBH) Permit and the use of otherwise prohibited equipment (such as recorded bird calls) to hunt those species.
The Department of the Environment (the Department) evaluates the status of migratory game birds on an annual basis to ensure that the regulations continue to support conservation objectives. While Schedule 3 of the Regulations is amended biennially, urgent regulatory amendments for conservation purposes can be made at any time if necessary.
As per section 30 of the Regulations, migratory game bird hunters are required to purchase MGBH Permits annually. Canadian and international hunters can purchase electronic permits online (https://www.permis-permits.ec.gc.ca/en). However, physical permits are still available for purchase at most Canada Post outlets and through some independent vendors.
Objective
The objective of these amendments is to help ensure the sustainable hunting of migratory game birds, as well as to mitigate negative impacts on wildlife, the environment, and the safety and economy for human communities, by modifying certain hunting season dates, daily bag limits and possession limits for the 2022-2023 and 2023-2024 hunting seasons.
Description
Three types of amendments are being made to the Regulations. First, the signature requirement is eliminated for the MGBH Permit. Second, amendments are being made to Schedule 3 of the Regulations to adjust hunting season length, opening and closing season dates, daily bag limits and possession limits for hunting seasons 2022-23 and 2023-24. Third, administrative amendments to Schedule 3 are being made to correct errors and improve clarity of the hunting provisions.
1. Eliminating signature requirement for the Migratory Game Bird Hunting Permit (both physical and electronic forms)
The Regulations require that all permits issued under the regulations, including the MGBH Permit, be signed in order for them to be valid. The signature requirement is being eliminated for the MGBH Permit only, by exempting it from this requirement.
2. Amendments to Schedule 3 of Migratory Birds Regulations, 2022 for hunting seasons 2022-23 and 2023-24
Amendments to open seasons (Table 1), daily bag limits (Table 2), and possession limits (Table 3) for hunting seasons 2022-2023 and 2023-2024 are summarized below. With respect to the American Black Duck International Harvest Strategy, no changes are made to the Black Duck daily bag limit in the Maritimes, Quebec and Ontario for hunting seasons 2022-2023.
| Province – Hunting Zone |
Species |
Result of change to open season |
Previous open season |
New open season |
|---|---|---|---|---|
Prince Edward Island |
Geese |
Earlier dates for September goose season |
For a period of 14 days beginning on the Tuesday after the first Monday of September |
September 1 to September 15 |
Nova Scotia – Zone 1 |
Geese |
Earlier dates for the September goose season |
For a period of 15 days beginning on the Tuesday after the first Monday of September |
September 1 to September 15 |
Nova Scotia – Zone 2 |
Geese |
Earlier dates and shorter September goose season |
For a period of 21 days beginning on the Tuesday after the first Monday of September |
September 1 to September 15 |
Nova Scotia – Zone 2 |
Geese |
Addition of 6 days to the beginning of the late season |
October 22 to January 15 |
October 16 to January 15 |
New Brunswick – Zone 1 and 2 |
Geese |
Earlier dates and shorter September goose season |
For the period beginning on the Tuesday after the first Monday of September and ending on the Tuesday before the last Saturday in September |
September 1 to September 15 |
New Brunswick – Zone 1 |
Geese |
Addition of 10 days to the end of the late season |
October 15 to January 4 |
October 15 to January 14 |
New Brunswick – Zone 2 |
Geese |
Addition of 13 days to the end of the late season |
October 1 to December 18 |
October 1 to December 31 |
Manitoba – |
Canada Goose |
Special conservation season extended by 10 days |
March 1 to March 31 |
March 1 to April 10 |
Note: The open seasons for Newfoundland and Labrador, Quebec, Ontario, Saskatchewan, Alberta, British Columbia, Yukon, Northwest Territories and Nunavut are not amended.
| Province – Hunting Zone |
Species |
Result of change to daily bag limit |
Previous daily bag limit |
New daily bag limit |
|---|---|---|---|---|
Prince Edward Island |
Geese |
Increase of total daily bag limit to 10 for Canada Geese or Cackling Geese, or any combination, during the September goose season |
5 plus an additional 3 Canada Geese or Cackling Geese, or any combination, may be taken daily during the September goose season |
5 plus an additional 5 Canada Geese or Cackling Geese, or any combination, may be taken daily during the September goose season |
Nova Scotia – Zones 1 and 2 |
Geese |
Increase of total daily bag limit to 10 for Canada Geese or Cackling Geese, or any combination, during the September goose season |
5 plus an additional 3 Canada Geese or Cackling Geese, or any combination, may be taken daily during the September goose season |
5 plus an additional 5 Canada Geese or Cackling Geese, or any combination, may be taken daily during the September goose season |
New Brunswick – Zones 1 and 2 |
Geese |
Increase of total daily bag limit to 10 for Canada Geese or Cackling Geese, or any combination, during the September goose season |
5 plus an additional 3 Canada Geese or Cackling Geese, or any combination, may be taken daily during the September goose season |
5 plus an additional 5 Canada Geese or Cackling Geese, or any combination, may be taken daily during the September goose season |
Saskatchewan |
White-fronted Goose |
Increase of daily bag limit from |
Not more than five may be White-fronted Geese |
Removal of restriction |
Alberta |
White-fronted Goose |
Increase of daily bag limit from |
Not more than five may be White-fronted Geese |
Removal of restriction |
Note: The daily bag limits for Newfoundland and Labrador, Quebec, Ontario, Manitoba, British Columbia, Yukon, Northwest Territories and Nunavut are not amended.
| Province – Hunting Zone |
Species |
Result of change to possession limit |
Previous possession limit |
New possession limit |
|---|---|---|---|---|
Prince Edward Island |
Geese |
Increase of possession limit |
16 |
20 |
Nova Scotia – Zones 1 and 2 |
Geese |
Increase of possession limit |
16 |
20 |
New Brunswick – Zones 1 and 2 |
Geese |
Increase of possession limit |
16 |
20 |
Saskatchewan |
White-fronted Goose |
Increase of possession limit |
15 |
24 |
Alberta |
White-fronted Goose |
Increase of possession limit |
15 |
24 |
Note: The possession limits for Newfoundland and Labrador, Quebec, Ontario, Manitoba, British Columbia, Yukon, Northwest Territories and Nunavut are not amended.
Administrative amendments
A number of administrative amendments are also being made as follows:
- Clarifications are being made to the hunting zone descriptions for the provinces of Newfoundland and Labrador, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta and British Columbia.
- For Ontario, an oversight is being corrected by increasing the daily bag limit from 5 to 10 for Canada Geese and Cackling Geese in Wildlife Management Unit (WMU) 95 in the Southern Hunting District during the late February/early March season. This change aligns the daily bag limit in WMU 95 with those for other WMUs without daily bag limit restrictions for Canada Geese and Cackling Geese in the Southern Hunting District. This change only applies in municipalities where Sunday gun hunting is not permitted by provincial regulations.
- For Ontario, in the French-language version, it is being clarified that “secteurs de gestion de la faune” used in the federal regulations correspond to « unités de gestion de la faune » used in the Ontario provincial outreach documents.
- For Saskatchewan, it is being clarified that the open season period, when hunting is only allowed from one half-hour before sunrise until noon, includes October 14.
Regulatory development
Consultation
The Regulations are reviewed biennially by the Department with input from provinces and territories and a range of other stakeholders. The Department has a formal consultation process that helps inform the hunting season dates and the number of migratory game birds that may be taken and possessed during those dates.
The consultation process for the 2022-2023 and 2023-2024 hunting seasons began in the fall of 2021 when biological information on the status of migratory game bird populations became available. The biological information on the status of migratory game bird populations is presented in the report titled Population Status of Migratory Game Birds in Canada – 2021, which was published online on January 14, 2022.
The Department engaged in technical committees with provincial and territorial governments, Indigenous groups, hunting organizations, conservation organizations and representatives of the United States to review the new information on the status of migratory game bird populations and, where necessary, to discuss proposals for regulatory changes. The work of the technical committees led to the development of these specific regulatory proposals, and represent the consensus reached between the Department and the provinces and territories.
These proposals were described in detail in a consultation document titled Proposals to amend the Canadian Migratory Birds Regulations, which was published online on January 14, 2022, for public comment. A Notice of Intent was published in the Canada Gazette, Part I on January 15, 2022, advising Canadians of the publication of the consultation document and of a 30-day comment period, being held between January 15 and February 14, 2022. As well as being posted online, the consultation document and the Population Status of Migratory Game Birds in Canada – 2021 report were distributed directly to a list of over 270 partners and stakeholders, including federal biologists in Canada, the United States, Mexico, the Caribbean, Greenland and St. Pierre and Miquelon, provincial and territorial biologists, Indigenous organizations and individual migratory game bird hunters. The documents were also distributed to non-governmental organizations interested in migratory bird conservation, including Ducks Unlimited Canada, Delta Waterfowl, the Ontario Federation of Anglers and Hunters, the Fédération québécoise des chasseurs et pêcheurs, the Canadian Wildlife Federation, Nature Canada and Animal Alliance of Canada, among others as well as many national and provincial hunter and outfitter organizations.
During the public consultation period, the Department received nine comments. Comments were submitted by provincial hunting and conservation organizations, academia, hunters and individuals interested in migratory bird conservation.
Most comments received were supportive of the proposed changes to the Regulations for the next two hunting seasons. Two comments offered suggestions for the next round of amendments to the Regulations, which will be carefully examined and considered by the Department and discussed at the next regional waterfowl stakeholder meetings.
Two concerns were raised by a local hunting organization from Prince Edward Island. They indicated their opposition to the continuation of the liberal harvest regime currently called for by the American Black Duck International Harvest Strategy, and instead recommended that a moderate harvest regime be reinstated. According to this organization, the scientific data are missing to support a liberal harvest regime because of the lack of population surveys undertaken in 2020 and 2021 due to the COVID-19 restrictions. According to this organization, data presented in the Population Status of Migratory Game Birds in Canada – 2021 report conflict with data published by the U.S. Fish and Wildlife Service. The organization was also concerned about the impact of climate change on American Black Duck populations under a liberal harvest regime.
Since 2012, Canada and the United States have implemented a formal International American Black Duck Harvest Strategy to ensure the long-term sustainability of Black Ducks and to allow equitable harvest in both countries. With this strategy in place, combined data from three key monitoring programs — banding, breeding population and harvest surveys — are used to create an integrated population model to directly inform the duck hunting regulations in each country. The most recent results from the population model indicate that, at the current level of hunting, harvest is not significantly affecting annual Black Duck survival at the population level. If liberalization of the hunting regulations in the United States or Canada causes the population to decline, those signals will be detected through monitoring programs that are beginning to be reintroduced given the relaxing of COVID-19 restrictions, and appropriate regulatory changes will be made to ensure that Black Duck harvest remains sustainable over the long term.
In addition, Canada and the United States present their assessment of the Black Duck population status slightly differently. The U.S. Waterfowl Population Report presents the annual difference in the eastern waterfowl survey area population compared to the 20-year average and the previous year. In contrast, Canada’s Population Status of Migratory Game Birds report presents the population trends since the beginning of the survey and the previous five years.
Current model predictions do not anticipate a negative impact from climate change on the American Black Duck breeding abundance on the Canadian breeding grounds.footnote 2 However, the Department is still looking into the potential impact of climate changes through the full life cycle of Black Duck.
The same organization also indicated its concern about the risk of transmission of COVID-19 virus between humans and wild birds. The risk of COVID-19 transmission between human and wild birds is very unlikely as coronaviruses found in birds are from different genera than that of SARS-CoV-2, the etiologic agent responsible for COVID-19.footnote 3 Recent investigation shows a lack of susceptibility to SARS-CoV-2 in geese and ducks,footnote 4 suggesting that the transmission of COVID-19 from humans to migratory birds is unlikely.
Prepublication
Given the extensive consultations undertaken, including the issuance of a Notice of Intent in the Canada Gazette, Part I, these amendments were not prepublished in the Canada Gazette, Part I.
Modern treaty obligations and Indigenous engagement and consultation
To ensure that these amendments have been developed and will be implemented in a way that respects and complies with modern treaties and the rights of modern treaty partners, an Assessment of Modern Treaty Implications (AMTI) has been conducted. The results of the AMTI are as follows.
These regulatory amendments apply only to hunters who are required to possess a hunting permit, which does not include Indigenous peoples who exercise their Aboriginal or treaty rights.
The biennial amendment of the hunting provisions of the Regulations will help promote broad treaty objectives by ensuring a sustainable harvest of migratory game bird populations regionally and nationally, and a sound management of overabundant migratory bird species. The hunting provisions (open season dates, daily bag limits and possession limits) ensure access to abundant migratory game birds by Indigenous people, which promotes the broad objectives of socio-economic development, traditional harvest rights, and protection and promotion of Indigenous cultures. In addition, the sound management of overabundant species helps preserve habitat and sensitive ecosystems, such as the arctic tundra, from potential destruction by overuse by these populations. Those measures ensure that ecosystems support fauna and flora species on which Indigenous people depend for harvesting and maintaining their cultures. The Act clarifies that nothing in that statute or regulations made under that statute shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982. Further, the Regulations made pursuant to the Act provide that status Indians and Inuit people may hunt migratory game birds in any area of Canada without a MGBH Permit. As a result, the amendments will have no impact on Indigenous peoples exercising their Aboriginal or treaty rights. Indigenous peoples who harvest migratory game birds outside of their Aboriginal and treaty rights would be impacted by the amendments to the same extent as non-Indigenous harvesters.
The AMTI examined the geographical scope and subject matter of the initiative. The Regulations will take effect in all modern treaty areas, as they are national in scope. The amendments deal with migratory bird harvesting, which is a right affirmed in various modern treaties. However, because the Act and Regulations are construed so as to not derogate or abrogate from Aboriginal and treaty rights, the AMTI did not identify any modern treaty obligations.
Instrument choice
Article II of the Migratory Birds Convention requires that, as an effective means of preserving migratory birds, the Governments of Canada and the United States establish hunting seasons. It has been determined that other instruments, such as voluntary codes or guidelines, would not allow Canada to meet this obligation. Regulation with enforceable penalties is the only type of instrument that would allow Canada to use the establishment of hunting seasons as an effective means of preserving migratory birds. Moreover, section 5 of the Act prohibits the possession of a migratory bird, except as authorized by the Regulations. Regulations are needed to allow the possession of hunted migratory birds. This cannot be achieved using other non-regulatory instruments.
Regulatory analysis
Benefits
Migratory game birds provide substantial social, environmental and economic benefits to communities across the country. These benefits to Canadians result from both hunting and non-hunting (e.g. bird watching) uses of migratory birds. According to the 2012 Canadian Nature Survey, the total expenditures related to hunting and trapping in Canada were $1.8 billion, including hunting waterfowl ($327 million) and other game birds ($312 million).footnote 5 Although these expenditures are not a measure of net benefits of these activities, they demonstrate the importance of these activities to Canadians. The number of MGBH Permits sold in a given year is a proxy of the number of migratory game bird hunters. In 2020, 169,631 MGBH Permits were sold compared to 191,516 permits in 2012, representing an 11% decline.footnote 6 Recent data on expenditures related to waterfowl hunting (such as how much each hunter spends during a hunting trip) are not available; however, it is likely that expenditures related to waterfowl hunting found in 2012 remain valid.
Migratory game bird hunters are required to purchase the MGBH Permit annually. The MGBH Permit is the only permit that is available for purchase either as hard copies (physical permits) or electronically through an e-permitting system. The signature requirement meant that when a hunter purchased an e-permit online, they were required to print the permit themselves (at home or elsewhere) to sign it. The exemption to the signature requirement of the MGBH Permit addresses feedback from hunters, many of whom would like to purchase electronic permits but do not have access to a printer.
The exemption from the signature requirement for the MGBH Permit is expected to encourage further uptake of the e-permit system. Further uptake of the e-permit is expected to reduce costs to the Department associated with printing and distribution of the physical permits. It is also expected to improve data collection for the National Harvest Survey (as data is collected instantly, which is not the case with the physical permits, as the data collection stub of the permit might not be returned to the Department). In addition, information in the e-permitting system is immediately available to Wildlife Enforcement Officers in the field, who can use this information to validate permits.
The hunting provisions of the Regulations are reviewed every two years to ensure that hunting of migratory game birds is consistent with the goal of maintaining sustainable migratory game bird populations. Given that many of the amendments for hunting seasons 2022-2023 and 2023-2024 increase the daily bag limit and possession limits, as well as increasing goose season length in New Brunswick, there is a benefit for Canadian hunters, outfitters and other stakeholders that enjoy hunting in Canada. The American Black Duck International Harvest Strategy is designed to identify appropriate harvest levels for Black Ducks in Canada and the U.S. based on the breeding populations. The Strategy, which is collaboratively developed by Canada and the U.S., was first implemented in 2013-2014 and consists of four pre-defined regulatory options in Canada and three in the United States. The Canadian options are liberal, moderate, restrictive and closed. Based on the American Black Duck breeding population size, Canada is continuing with a liberal regulatory regime, which allows for a 30% increase in the harvest rate over the 1997-2010 mean harvest rate.
In Manitoba, extending the special conservation season by 10 days is expected to increase harvest rates of Temperate-breeding Canada Geese to slow the growth of this overabundant population. By controlling overabundant Temperate-breeding Canada Geese, this amendment would help to reduce economic losses due to crop damage and would ensure that these benefits are sustained into the future. The provincial government of Manitoba estimated that approximately $385,000 in compensation was paid as part of its Wildlife Damage Compensation Program for crop damage caused by waterfowl in 2020-2021.footnote 7 With exception of the 2020-2021 period, compensation paid for crop damage caused by waterfowl has increased dramatically over the last 10 years, reaching more than $2 million in 2019-2020 from $286,000 in 2011-2012.footnote 8 This regulatory amendment is expected to help preserve habitat and sensitive ecosystems in Manitoba from potential destruction by overuse by the Temperate-breeding Canada Goose population. A sustainable harvest of migratory game birds will help to protect the entire ecosystem, which depends on balanced and healthy bird populations.
Costs
The anticipated incremental costs to the Government of Canada from these amendments are approximately $30,000 for compliance promotion. This includes the publishing and distribution of the annual hunting regulation summaries.
There are no new costs related to the production, distribution and issuance of the MGBH Permits. The elimination of the signature requirement on the MGBH Permit is expected to encourage hunters to purchase the MGBH e-permit online. Currently, the MGBH Permit can be purchased in either physical or electronic format. The physical MGBH Permit can be purchased at most Canada Post offices and through independent vendors. A reduction in the number of hunters purchasing the physical permit at independent vendors could result in fewer customers at those locations as well as the loss of a $2 commission for each physical permit sold. This amendment could also result in a reduction in administrative cost (handling, and shipping of permit stubs and unsold permits to the Department) for those businesses.
Due to the increased length of two hunting seasons, additional enforcement resources may be required in some hunting zones of New Brunswick and Manitoba; however, they are expected to be minor.
There are no other anticipated costs to businesses, consumers or other Canadians.
Small business lens
The amendments do not reduce or impose any new or incremental costs on business. There is no commercial harvest of migratory birds in Canada. The Regulations apply to hunters as individuals, not businesses.
Any cost impacts on small businesses related to the elimination of the signature requirement on the MGBH Permit are expected to be negligible.
One-for-one rule
The amendments to hunting season dates, daily bag limits and possession limits, as well as the elimination of the signature requirement on the MGBH Permit, do not reduce or impose new or incremental administrative burden on business. There is no commercial harvest of migratory birds in Canada. The Regulations do not impose any direct administrative burden on outfitters. Hunters alone are responsible for understanding and complying with the Regulations. As such, the one-for-one rule does not apply.
Regulatory cooperation and alignment
As outlined above, these amendments were developed in close collaboration with the United States and the provincial and territorial governments. They will promote regulatory alignment with these jurisdictions, which share responsibility with Canada for the management of migratory birds. These amendments are also in line with Canada’s obligations under the Migratory Birds Convention.
Strategic environmental assessment
A strategic environmental assessment was conducted in respect of these amendments. It was determined that they will have positive environmental effects and will contribute to several Federal Sustainable Development Strategy (FSDS) goals and environment focused 2030 Agenda for Sustainable Development Goals (SDGs) of the United Nations, including notably:
- Healthy wildlife populations by enabling species population control that will reduce stress from species with population sizes above their acceptable range, such as the Temperate-breeding Canada Goose in the Maritimes and in southern Manitoba, toward other less abundant or at-risk species competing for the same space. The American Black Duck International Harvest Strategy maintains a Black Duck population that provides consumptive and non-consumptive use commensurate with habitat carrying capacity, and reduces the negative effects of the Mallard population on the Black Duck caused by hybridization and competition for resources on the breeding grounds. The Regulations will also contribute to SDG 15: Life on Land.
- Pristine lakes and rivers by controlling numbers of Temperate-breeding Canada Geese and Mid-continent White-fronted Geese that can contaminate lakes and drinkable sources of water through feces or by carrying invasive algae in their feathers. The Regulations will also contribute to SDG 6: Clean Water and Sanitation.
- Sustainably managed lands and forests by reducing impact of Temperate-breeding Canada Geese and Mid-continent White-fronted Geese toward ensuring that lands, such as the agricultural lands where both species migrate and the Arctic tundra where the White-fronted Geese breed, support biodiversity and provide a variety of ecosystem services for generations to come. The Regulations will also contribute to SDG 15: Life on Land.
- Greening government by adopting clean technology in the procurement of goods and services, through further uptake of the MGBH e-permit system, which will reduce paper consumption and waste, as well as reduce emissions of greenhouse gases in the production and distribution of the physical MGBH Permit. The Regulations will also contribute to SDG 12: Responsible Consumption and Production.
Gender-based analysis plus
A gender-based analysis plus (GBA+) was performed for these amendments to evaluate whether sex, gender, age, ethnicity, sexual orientation, income, education, employment status, language, visible minority status, disability or religion could influence how a person is impacted by the changes.
Information on the demographics of migratory bird hunters is limited. Most migratory bird hunters who purchased an electronic MGBH Permit are 30 to 34 years old. The median age of a migratory game bird permit holder is found in the 35 to 39 age group. Based on a 2014 study by Research Resolutions & Consulting Ltd.,footnote 9 almost all hunters making overnight trips are men (87%). Among tourists, there is evidence that hunting trips across Canada are predominantly undertaken by men. Female hunters were found to be more prominent in Atlantic provinces and Ontario than elsewhere.
These amendments were developed based on input from a broad range of stakeholder groups, including Indigenous groups (through provincial initiatives), and are expected to contribute to substantial social, environmental and economic benefits to communities across the country. While these amendments would be beneficial to all Canadians, it is possible that men will be more positively impacted.
As a result of this analysis, it was determined that the amendments are not expected to have any negative impacts on any particular groups on the basis of gender and other identity factors such as ethnicity, culture, religion, sexual orientation, age, mental or physical disability, and income.
Implementation, compliance and enforcement, and service standards
The amendments will come into force on July 31, 2022.
The Department has developed a compliance strategy for the amendments to the hunting provisions of the Regulations. Compliance with the amendments will be promoted to hunters via the publication of regulatory summary brochures, outlining the season dates, and the daily bag and possession limits for each of the 2022-2023 and 2023-2024 hunting seasons. The regulatory summary brochures are distributed at the point of sale of MGBH Permits, posted on the Canada.ca website, and are available for downloading when hunters purchase their permits online.
Amendments to the fine regime, enforcement and sentencing provisions of the Act and the Designation of Regulatory Provisions for the Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations came into force on July 12, 2017. The new fine regime will be applied by courts following a conviction pursuant to the Act or the Regulations. Designated offences are subject to the regime of minimum and higher maximum fines, in order to ensure that fines reflect the seriousness of offences under the Act. Such offences involve direct harm or risk of harm to the environment, or obstruction of authority. For example, the fine range associated with a designated offence for an individual on summary conviction is no less than $5,000 CDN and no more than $300,000 CDN, or imprisonment for a term of not more than 6 months, or both. Fines are doubled for second or subsequent offences.
In addition, administrative monetary penalties (AMPs), pursuant to the Environmental Violations Administrative Monetary Penalties Regulations, will be available to game officers to enforce designated violations of the Act and its associated regulations. An AMP is a financial disincentive to non-compliance and provides an additional tool for officers, to supplement existing enforcement measures. The amount of a single AMP cannot exceed $5,000 in the case of an individual, or $25,000 in the case of a person other than an individual.
More information about the AMPs regime can be found on the Canada.ca website and in its Policy Framework to implement the Environmental Violations Administrative Monetary Penalties Act.
Departmental enforcement officers and provincial and territorial conservation officers enforce the Regulations by, for example, patrolling hunting areas and verifying compliance of hunters with regard to permits, hunting equipment, daily bag and possession limits.
Contact
Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Email: ReglementsFaune-WildlifeRegulations@ec.gc.ca