Regulations Amending the Wildlife Area Regulations: SOR/2025-100

Canada Gazette, Part II, Volume 159, Number 7

Registration
SOR/2025-100 March 12, 2025

CANADA WILDLIFE ACT

P.C. 2025-403 March 12, 2025

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 under section 12footnote a of the Canada Wildlife Act footnote b.

Regulations Amending the Wildlife Area Regulations

Amendments

1 Item 8 of Part IV of Schedule I to the Wildlife Area Regulations footnote 1 is replaced by the following:

8 Prince Edward Point National Wildlife Area

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

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

Secondly, those parts of Lots 11, 12, 13 and 14 described as Parts 1, 2, 4 and 6 on a plan of survey deposited in the Land Registry Office for the Registry Division of Prince Edward as Plan 47R-1758;

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

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

Fifthly, that parcel of land under water in front of Lot 13 being composed of a water lot described on a plan of survey deposited in the Land Registry Office for the Registry Division of Prince Edward as Plan 47R-P1C and transferred by instrument No. 5128 and that is further described by Provincial Order in Council 1645/54, June 17, 1954;

Sixthly, that parcel of land described under PIN 55091-0178(LT) as part of Lot 8, Concession Long Point, South Marysburgh, as in PE26106 south of Long Point Road, Prince Edward County;

Seventhly, that parcel of land described under PIN 55091-0179(LT) as part of Lot 8, Concession Long Point, South Marysburgh, as in PE26106 north of Long Point Road, Prince Edward County;

Said parcels containing together about 546.6 hectares.

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

2 Great Sandhills National Wildlife Area

Being all those parcels of land, in township 20, range 25, west of the third meridian:

The northeast quarter and southeast quarter of section 1;

That part of the southwest quarter of said section 1 commencing at the northwest corner of said quarter section; thence easterly along the northern boundary, a distance of 535.6 metres; thence southerly and parallel with the western boundary to the southern boundary; thence westerly along the said southern boundary to the said western boundary; thence northerly along the said western boundary to the point of commencement;

That part of the northwest quarter of said section 1 commencing at the northwest corner of said quarter section; thence easterly along the northern boundary, a distance of 535.6 metres; thence southerly and parallel with the western boundary to the southern boundary; thence westerly along the said southern boundary to the said western boundary; thence northerly along the said western boundary to the point of commencement;

The northeast quarter and southeast quarter of section 2;

Less those parts lying within the limits of the Roadway according to the plan registered in the Land Titles Office for the Swift Current Land Registration District as No. 73-SC-02400; the remainder containing 345.2 hectares, more or less.

All those parcels of land, in township 20, range 25, west of the third meridian, the northeast quarter and southeast quarter of section 23; said quarters containing 129.5 hectares, more or less.

Said parcels containing together 474.7 hectares, more or less.

2.1 Harris Sandhills National Wildlife Area

Being all those parcels of land, in township 31, range 12, west of the third meridian:

The northwest quarter of section 27; the southeast quarter and southwest quarter of section 33; the northeast quarter and northwest quarter of section 34; the southwest quarter of section 35;

Less those parts lying within the limits of the Canadian National Railway right-of-way according to the plan registered in the Land Titles Office for the Saskatoon Land Registration District as No. E4207; those parts, being Parcel A and Parcel B, lying within the limits of the Roadway according to the plan registered in said Land Titles Office as No. 63-S-22301; the remainder containing 372.1 hectares, more or less.

2.2 Longspur National Wildlife Area

Being all those parcels of land, in township 1, range 12, west of the third meridian:

The northeast quarter of section 4; the northeast quarter and southeast quarter of section 9; said quarters containing 193.4 hectares, more or less.

2.3 Moose Mountain Creek National Wildlife Area

Being all those parcels of land in township 12, range 9, west of the second meridian:

The northeast quarter, northwest quarter, southeast quarter and southwest quarter of section 1;

Less those parts in said quarter sections lying within a reservoir right-of-way according to the plan registered in the Land Titles Office for the Regina Land Registration District as No. Q4849; those parts in said southeast and southwest quarters lying within the road widening according to the plan registered in said Land Titles Office as No. 63R03177; the remainder containing 162.7 hectares, more or less.

2.4 Thickwood Hills National Wildlife Area

Being all those parcels of land, in township 45, range 8, west of the third meridian:

The northwest quarter of section 19, being legal subdivisions 11, 12 and 13 and all that part of legal subdivision 14 lying southwest of Lake No. 21 in said quarter section; said parts containing 62.6 hectares, more or less.

All those parcels of land, in township 46, range 8, west of the third meridian:

All those parts of the southwest quarter of section 7 not covered by any of the waters of Lake No. 1; in township 46, range 9, west of the third meridian, the northwest quarter of section 1; the southeast quarter of section 12; legal subdivisions 10, 15 and 16 and the west half of legal subdivision 9 of the northeast quarter of said section 12, not covered by any of the waters of Lake No. 1;

Less those parts lying within the limits of the Roadway according to the plan registered in the Land Titles Office for the Battleford Land Registration District as No. O2177, and the most southerly 80.5 metres of the most westerly 100.6 metres of the northwest quarter of said section 1; the remainder containing 236 hectares, more or less.

Said parcels containing together 298.6 hectares, more or less.

3 The heading “Prairie National Wildlife Area” and items 1 to 5 under that heading in Part VI of Schedule I.1 to the Regulations are replaced by the following:

Great Sandhills National Wildlife Area
Harris Sandhills National Wildlife Area
Longspur National Wildlife Area
Moose Mountain Creek National Wildlife Area
Thickwood Hills National Wildlife Area

Coming into Force

4 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 Prairie National Wildlife Area (NWA), designated in 1978, spanned 5 ecoregions within the Prairies and Boreal Plains ecozones of Saskatchewan. It consisted of 26 parcels of land, referred to as units, with a total area of 2,873 ha. These units were scattered throughout the province and contained a large variety of habitats, making management complex and costly for the Department of the Environment (the Department). Recent ecological assessments confirmed that, of the 26 units, only 7 included critical habitats for species listed under the Species at Risk Act (SARA), unique habitats, or intact habitats with good connectivity for wildlife and therefore met the current requirements for designation as NWAs.

Amendments to the Wildlife Area Regulations (the Regulations) were therefore required to allow the Department to manage lands of high conservation value more efficiently.

In addition, minor administrative errors were identified in the boundary description of the Prince Edward Point NWA. Amendments are required to correct inaccurate references to Plan numbers for land surveys deposited with the Land Registry Office for the Registry Division of Prince Edward.

Background

Prairie NWA

The Canada Wildlife Act (the Act) and the Regulations allow for the establishment, management, and protection of NWAs for research, conservation and interpretation purposes. There are currently 64 NWAs across Canada protecting over 3.5 million hectares of nationally significant habitats for animals or plants.

In the face of population growth, urbanization, industrial development, and global climate change, Canada has established domestic biodiversity goals based on internationally agreed-upon objectives. In Budget 2018, under the Nature Legacy Initiative, the Government of Canada committed to supporting biodiversity and protecting species at risk in Canada, In the 2019 Speech from the Throne, the Government committed to preserving Canada’s natural legacy, including by protecting 25% of lands in Canada by 2025 and, in support of this commitment, invested an additional $2.3 billion over 5 years in Budget 2021 under the Enhanced Nature Legacy. This funding has supported work with other levels of government, Indigenous groups and non-profit organizations. Taken together with funding provided through the Nature Legacy Initiative, it represents the largest investment in nature conservation in Canada’s history. Furthermore, as a signatory to the 2022 Kunming-Montréal Global Biodiversity Framework, Canada has committed to preserving 30% of lands and freshwater by 2030 and is working to enhance the integrity, connectivity and resilience of ecosystems and improve outcomes for biodiversity, by maximizing the use of areas of high conservation value and sustainably managing these areas, including reducing the adverse effects of invasive species.

To achieve biodiversity conservation, the Department not only designates new NWAs, but also undertakes periodic reviews of existing NWAs. Lands considered for NWA status must meet one or more of the following five selection criteria: the area must (1) support at least 1% of the Canadian population of migratory bird species or other species listed under the SARA; (2) support a significant assemblage of species of importance for Canada; (3) be a critical habitat for a migratory bird species or other species at risk; (4) be a rare or unusual habitat in a biogeographic region; or (5) possess a high potential for restoration or enhancement conducive to wildlife populations growth.

In the case of the Prairie NWA, a rigorous scientific review of its various units of land was completed in October 2020. The land for the NWA was acquired in the 1970s, prior to the development of the modern criteria for the establishment of NWAs in 2005. Consequently, many of the Prairie NWA’s units of land did not meet the criteria. The review concluded that only 7 of the 26 Prairie NWA units met the criteria, with occurrences of migratory birds and species listed under the SARA, including Sprague’s Pipit (listed as threatened), Loggerhead Shrike (listed as threatened), Burrowing Owl (listed as endangered) and the Slender Mouse-ear-cress (listed as threatened). The units that did not meet the criteria were found to have minimal or no presence of species at risk, insignificant migratory bird presence, fragmented and degraded habitats with low potential for restoration and/or high levels of invasive species of low manageability.

Figure 1: Map of the Prairie National Wildlife Area

Map: Figure 1: Map of the Prairie National Wildlife Area / Carte: Figure 1. Carte de la réserve nationale de faune des Prairies – Text version below the map

Figure 1: Map of the Prairie National Wildlife Area - Text version

Figure 1 is a map showing the area of the southern half of Saskatchewan, around Saskatoon, Lake Diefenbaker, Last Mountain Lake, and Regina. It shows the location of all the 26 units of the Prairie NWA, which are widely scattered and isolated, with 780 km separating the units that are furthest apart. The scale of the map is in hundreds of kilometres. The units, which vary from around 140 to 919 acres (but a majority of which are around 160 acres each), are shown as dots. The map indicates permanent waters, provincial boundaries, and major roads and highways. In the top, left-hand corner, a smaller scale map shows the location of the Prairie NWA within Canada.

Prince Edward Point NWA

As land is added to NWAs and new boundary descriptions are created, and/or as efforts to digitize historical surveys are undertaken, the Department periodically reviews the boundary descriptions in the Regulations to ensure they remain accurate. In a recent review, the Department identified 2 errors in Schedule I to the Regulations for the Prince Edward Point NWA. The errors reference inaccurate Plan numbers for 2 land surveys deposited with the Land Registry Office for the Registry Division of Prince Edward. One error references an inaccurate land survey plan and the other includes a reference to a lot that is not federal crown land. The Department has been enforcing the Regulations according to the correct boundary descriptions.

Objective

The objectives of the Regulations Amending the Wildlife Area Regulations – Delisting of 19 Units of the Prairie National Wildlife Area, Designation of 5 New National Wildlife Areas (the Amendments) are to strengthen wildlife protection and habitat conservation in southern Saskatchewan by focusing resources on land of high conservation value and to correct the boundaries of the Prince Edward Point NWA in the Regulations.

Description

Prairie NWA

The Amendments remove the Prairie NWA from Part VI (Saskatchewan) of Schedule I to the Regulations. In its place, the Amendments designate five new NWAs as follows:

  1. Great Sandhills NWA is designated using the lands currently constituting units 20 and 21 of the Prairie NWA, together comprising 474.7 hectares.
  2. Harris Sandhills NWA is designated using the lands currently constituting unit 13 of the Prairie NWA, comprising 372.1 hectares.
  3. Longspur NWA is designated using the lands currently constituting unit 11 of the Prairie NWA, comprising 193.4 hectares.
  4. Moose Mountain Creek NWA is designated using the lands currently constituting unit 27 of the Prairie NWA, comprising 162.7 hectares.
  5. Thickwood Hills NWA is designated using the lands currently constituting units 6 and 7 of the Prairie NWA, together comprising 298.6 hectares.

Figure 2: Map showing the location of the five new National Wildlife Areas

Figure 2: Map showing the location of the five new National Wildlife Areas – Text version below the map

Figure 2: Map showing the location of the five new National Wildlife Areas - Text version

Figure 2 is a map showing southern Saskatchewan, including the cities of Prince Albert, North Battleford, Saskatoon, Yorkton, Swift Current and Regina. It shows the location of the five proposed new NWAs, Great Sandhills, Harris Sandhills, Longspur, Moose Mountain Creek and Thickwood Hills. The scale of the map is in hundreds of kilometres. The NWAs, which vary from 163 to 475 hectares, are shown as dots. The map indicates permanent waters, provincial boundaries, and major roads and highways.

Lands that constituted units 1–5, 8, 9, 12, 14–19, and 22–26 of the Prairie NWA are no longer subject to the Regulations.

The Amendments also authorize the following activities within the five new NWAs (previously authorized within the Prairie NWA) by adding them to Part VI (Saskatchewan) of Schedule I.1 to the Regulations for each of these new NWAs:

Prince Edward Point NWA

The Amendments replace the reference to Plan 47R-2194 with Plan 47R-1758 in Section 8 of Part IV (Ontario) of Schedule I to the Regulations and remove the reference to Plan 47R-1609.

Regulatory development

Consultation

Consultation prior to prepublication in the Canada Gazette, Part I

In December 2019, the Department sent a consultation package outlining the proposed delisting and reorganization of the Prairie NWA, including maps of the NWA and of the proposed new NWAs, via email to 267 Indigenous communities and organizations (First Nations, Métis organizations and tribal councils). This consultation package was also sent to 14 environmental non-government organizations (ENGOs), 2 federal departments, 4 provincial departments, 4 industry organizations, 22 NWA permittees and 17 rural municipality offices.

The Saskatchewan Ministry of Agriculture responded to the consultation package by indicating its support for the proposal, with the caveat that pasture land in any delisted unit should ultimately remain available to cattle producers. After delisting, the Department will continue to authorize cattle grazing through licence agreements, until such time as the land is divested.

The Department held follow-up discussions at the request of certain Indigenous organizations, including First Nations (Blood Tribe First Nation [Alberta], Kehewin Cree Nation, Little Pine First Nation, Swan River First Nation, and Piapot First Nation); the File Hills Qu’Appelle Tribal Council (FHQTC), which represents 11 Treaty 4 First Nations; the Gift Lake Métis Settlement; and the Manitoba Métis Federation. The comments received were neutral or sought additional information. No concerns were raised during these discussions.

The Department also held an in-person consultation meeting with ENGOs in February 2020, and shared detailed information about the lands proposed for delisting. It held an additional, virtual meeting in October 2020 to present more detailed information about the residual conservation value of the Prairie NWA units proposed for delisting. Four ENGOs expressed disagreement with the proposed delisting of units, while the majority response was supportive. In response to the concerns raised by the four ENGOs, the Department modified its proposal to also retain units 6 and 7 and designate the lands of these two units as the proposed Thickwood Hills NWA, in recognition of their intact habitat and connectivity to other wildlife habitats. The Department affirmed that the units proposed for delisting do not meet the criteria for designation as an NWA but has committed to exploring other meaningful conservation outcomes (conservation easements or transfers to ENGOs or to First Nations) should divestment of these units occur.

No other responses or expressions of concern were received. The Department advised all groups that it remained available to address any concerns, and that a further opportunity to comment would be available during a 90-day public consultation period after the proposed Amendments were published in the Canada Gazette, Part I.

Public consultation following prepublication in the Canada Gazette, Part I

The proposed Regulations Amending the Wildlife Area Regulations were published in the Canada Gazette, Part I on June 1, 2024, for a 90-day public comment period. The Department received comments from 2 ENGOs and 1 individual.

All three supported the designation of the 5 new NWAs but expressed concerns about the delisting of the 19 units, suggesting that the proposal would prove more detrimental than beneficial in terms of wildlife and wildlife habitat conservation, due to the overall reduction in the number of hectares of native prairie protected as NWA lands. One ENGO expressed concerns over a possible decrease in carbon sequestration and storage capacity.

The Department acknowledges that the delisting of some Prairie NWA lands results in a small reduction in the number of hectares protected under the Regulations. A rigorous review of the biological conditions in each of the Prairie NWA units was undertaken, and the conservation capacity and restoration potential of the lands were carefully considered in determining their conservation value and whether they were appropriate to remain as NWA lands. The Department is committed to exploring options to continue protecting biodiversity and habitat on the delisted land by investigating the possibility of transferring the lands to conservation organizations or Indigenous communities, or selling them after registering easements that would maintain any residual conservation value. The focus on effective conservation means that the Department is better able to dedicate resources and efforts to the acquisition, protection, and management of high conservation value lands in southern Saskatchewan, maximizing the efficiency of wildlife and habitat conservation.

Modern treaty obligations and Indigenous engagement and consultation

An Assessment of Modern Treaty Implications (AMTI) and a United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) Consistency Analysis were conducted to ensure that the Amendments were developed and implemented in a way that respects and complies with modern treaties, the rights of modern treaty partners, and the United Nations Declaration on the Rights of Indigenous Peoples.

The Amendments do not apply or take effect in any modern treaty area; therefore, the AMTI did not identify any modern treaty implications in association with the Amendments. However, the Prairie NWA units are located within the lands of historic Treaty 4 (also known as the Qu’Appelle Treaty) and historic Treaty 6.

In 2019, the Department conducted initial consultations with Indigenous groups in the areas surrounding the lands at issue. No concerns were raised. The FHQTC requested further engagement sessions for the 11 First Nations it represents. These sessions took place in December 2020, January 2021, and March 2021. The Department followed up with Indigenous organizations at regular intervals. The FHQTC submitted a report summarizing their comments and specific concerns with respect to the proposal (the FHQTC report) on December 8, 2021, and indicated no specific concerns with the delisting. The concerns broadly outlined in its report are related to possible future divestment of the delisted lands. In particular, the FHQTC suggested that any future divestment might have an adverse effect on Indigenous rights recognized and affirmed under section 35 of the Constitution Act, 1982.

The Department, working with Public Services and Procurement Canada, sent a response on March 10, 2022, which addressed the points raised by the FHQTC and proposed a follow-up meeting with FHQTC representatives. No response was received. Upon publication of the proposal in the Canada Gazette, Part I, the Department sent letters to all Indigenous communities in the surrounding areas and offered to hold additional meetings to pinpoint any known or identified historical or traditional Indigenous uses of specific lands proposed for delisting. No requests for meetings were received during the public consultation period following publication in the Canada Gazette, Part I. Should divestment of the delisted lands be considered, opportunities for further meetings would be offered to identify the nature of potential adverse effects envisaged by the affected Indigenous communities for identified historical or traditional uses, and to discuss proposed accommodations to mitigate any such effects, were they to arise.

With regard to historic Treaty 4 and Treaty 6, the Department will seek input from Indigenous partners on the management plans to be developed for each one of the five new NWAs following their establishment. Through this process, the Department will seek input from interested Indigenous partners, to help ensure that all parties agree on the objectives and management approaches for these new NWAs.

Instrument choice

Once a parcel of land has been designated as an NWA under the Regulations, it can only be removed by regulation, and the Act authorizes the Governor in Council to establish NWAs by regulation. Therefore, no other instruments were considered.

Regulatory analysis

This analysis presents the incremental benefits and costs of the Amendments expressed as the difference between the baseline and regulatory scenarios. In the baseline scenario, the Prairie NWA is maintained as is, while the regulatory scenario includes implementing the delisting of the 19 units and the designation of the 5 new NWAs over the same period. An analytical period of 10 years was used in this analysis. Unless otherwise noted, all monetary values in this analysis are in 2023 constant Canadian dollars, over the period of 2025–2034 and discounted at 7%.footnote 2

Benefits

The Amendments are anticipated to result in avoided costs to stakeholders equivalent to an estimated 50% reduction in permit applications for activities on NWA lands due to the delisting of the 19 units. The activities that are authorized in the new NWAs without requiring a permit are the same activities that have been authorized throughout the existing Prairie NWA under Schedule I.1 to the Regulations. The activities that are prohibited in the new NWAs, except in accordance with a permit issued under section 4 of the Regulations, are the same as those previously prohibited throughout the Prairie NWA under subsection 3(1) of the Regulations. In this way, stakeholders that previously required permit applications for activities on NWA lands (e.g. grazing, haying, and agricultural cultivation) are no longer required to apply for these permits on the delisted lands. Agricultural activities on delisted land would require a licence that is prepared by the Department and involves no applications by businesses, simply their signature; furthermore, licences are issued for 5 or 10 years at a time, eliminating the annual administrative process involved for businesses applying for NWA permits. The total reduction in administrative burden (labour cost in applying for the permit, and the cost of mailing the completed application) is estimated to be approximately $10,600 over 10 years to these stakeholders. It is also estimated that the Department would avoid costs of approximately $15,700 over 10 years in relation to processing these permit applications.

The Amendments are anticipated to result in a reduction in enforcement costs within the 5 new NWAs compared to the enforcement within the existing Prairie NWA. Cost reductions associated with the delisting of the 19 units and to the administration, management, compliance promotion and enforcement for the 5 new NWAs are estimated at approximately $23,000 in the first year, and then $33,500 annually (undiscounted). The total discounted benefits of the Amendments are estimated at approximately $235,000 over the 10-year analytical time frame.

The delisting of lands is not anticipated to have any societal costs resulting from negative environmental effects, as the delisted lands are considered to be of low conservation value. The direct outcome of the designation of high conservation value lands as new NWAs while low conservation value lands are delisted would be to improve conservation efficiency and therefore better serve overarching conservation goals.

The administrative amendments to the boundary description of the Prince Edward Point NWA correct two errors referencing inaccurate plan numbers for land surveys within Schedule I to the Regulations for the Prince Edward Point NWA. The updated boundary descriptions are anticipated to benefit NWA users who may be planning a visit/activity, as well as enforcement agents and NWA managers with their regular activities.

Costs

The Amendments are not anticipated to result in significant new costs to businesses, consumers, or the Canadian public, because the uses of the new NWAs do not differ from their current uses. In the past year, 24 permits (the majority of which were for grazing) were issued for the Prairie NWA, 12 of which were issued for activities on lands that form the 5 new NWAs. These permit holders are not anticipated to face any new costs for the same activities but would carry the same costs as they did with activities in the Prairie NWA.

The Amendments are anticipated to result in minor incremental costs for the Government of Canada related to the administration, compliance promotion and enforcement activities for the 5 new NWAs, and the delisting of the 19 units of the Prairie NWA. For the first year, costs would include development and distribution of compliance promotion material related to the creation of the 5 new NWAs, estimated at $9,700. The costs for enforcement activities and for habitat management purposes of the new NWAs are not expected to exceed the costs of managing these lands when they were part of the Prairie NWA.

The administrative amendments to the boundary description of the Prince Edward Point NWA are not expected to result in any costs to businesses, consumers, or the Canadian public. These amendments are also not anticipated to impact any costs related to the administration, management, compliance promotion and enforcement of the NWA, as the Department has already been enforcing the Regulations according to the correct boundary descriptions.

Table 1: Summary of monetized benefits and costs
Impacts First year (undiscounted) Subsequent years (undiscounted) Total present value (discounted)
Benefits (reduction in administrative costs) $33,500 $33,500 $235,000
Costs $9,700 N/A $9,000
Total (net benefits) $23,800 $33,500 $226,000

Small business lens

Given that the majority of cattle ranching and farming businesses are small businesses (and the majority of issued permits were for cattle grazing), analysis under the small business lens concluded that the Amendments will affect small businesses. It is estimated that the delisting of the 19 units will reduce the number of permit applications by approximately 50%, from 24 to 12, and that the reorganization of the remaining units of the Prairie NWA into 5 new NWAs will not reduce or increase permit applications.

As noted, agricultural activities on delisted land would require a licence that is prepared by the Department and involves no applications by small businesses, simply their signature; furthermore, licences are issued for 5 or 10 years at a time, eliminating the annual administrative process involved for small businesses applying for NWA permits. Accordingly, it is anticipated that the Amendments will lead to an overall reduction of $8,045 in administrative costs over 10 years. This will result in an estimated decrease in annualized costs of approximately $1,145 for all 12 businesses, or an annualized reduction of approximately $95 to each of the small businesses affected (2022 price levels, 7% discount rate).

One-for-one rule

The one-for-one rule applies to the Amendments since there will be an incremental decrease in administrative burden on businesses, and the Amendments are considered burden out under the rule. No regulatory titles are repealed or introduced. As a result of delisting the 19 low conservation value units from the Prairie NWA, there is an anticipated decrease in permit applications for activities on NWA lands by approximately 50%, from 24 to 12.

It is anticipated that the Amendments will result in a reduction in annualized administrative burden of an estimated $409 over the next 10 years to those 12 applicants that would no longer require NWA permits to use the lands of the delisted units, or an annualized cost reduction of $34 per applicant (2012 constant Canadian dollars, discounted to a base year of 2012, discounted at 7%). These estimates are based on per application assumptions of one hour at a cost of labour of $37.95 per hour to complete an application and preparation and shipping costs of $38.94.

Furthermore, it is not anticipated that the reorganization of the lands of the remaining units of the Prairie NWA into five new NWAs will reduce or increase the number of permit applications on those lands.

Regulatory cooperation and alignment

The Amendments are not related to a work plan or commitment under a formal regulatory cooperation forum. However, as the Amendments will protect and conserve wildlife and wildlife habitats in Canada, they support commitments made by Canada under the United Nations Convention on Biological Diversity and the Kunming-Montreal Global Biodiversity Framework.

To achieve these commitments, the Department is working with provinces and territories by, among other things, negotiating Nature Agreements to advance shared conservation goals. Nature Agreements between the federal and interested provincial and territorial governments will include clear and strong commitments to nature conservation and protection and mutually agreed upon actions and financial commitments that Canada and the province or territory will take to reach their individual and collective conservation goals.

Effects on the environment

The preliminary screening questions of the Climate, Nature, and Economy Lens analysis identified that a detailed assessment was not required. The Amendments do not have important impacts on greenhouse gas emissions, Canada’s greenhouse gas emissions reduction plans or targets, nature, biodiversity or climate change resiliency, nor are their objectives at risk due to current or projected climate change impacts. The Amendments will not result in important environmental effects. The new NWAs will allow the Department to more efficiently manage the high conservation value lands from the Prairie NWA, even though no new protections are being added that had not already been in place in the Prairie NWA. The Department will continue to manage delisted lands in a way that is consistent with current practices, until these lands are divested, at which time the Department is committed to exploring options to ensure that residual conservation values are maintained. The corrections to the boundary description of the Prince Edward Point NWA are administrative in nature, and neither change the boundary of this NWA nor modify the manner in which the Regulations are enforced in this NWA.

Because the Amendments constitute a regulatory proposal that already includes a cost-benefit analysis, they are exempted from the economic analysis requirements of the Cabinet Directive on Strategic Environmental and Economic Assessment.

Gender-based analysis plus

A gender-based analysis plus (GBA+) was performed for the Amendments. No negative GBA+ effects were identified for the Amendments.

Implementation, compliance and enforcement, and service standards

Implementation

The Amendments came into force upon registration. The Department continues as the lead federal organization responsible for compliance promotion and enforcement activities according to the protections provided for under the Act and the Regulations but no longer administers the 19 delisted units as part of an NWA.

The Department will explore options for divestment of the delisted units of land that would result in protecting biodiversity and habitat. Such options could include trading lands for lands of higher conservation value, transferring them to conservation organizations or Indigenous communities, or selling the lands. This will allow for the reallocation of resources to pursuing opportunities to acquire additional high conservation value lands to expand the new NWAs and to designate other new NWAs, thereby contributing to commitments made under the Enhanced Nature Legacy initiative to support biodiversity by focusing on high conservation value lands in the creation of NWAs.

Any divestment would respect treaties and other agreements between the Crown and Indigenous peoples from a wide geographic area around the land concerned and include undertaking due diligence in verifying title (including asserted or established aboriginal or treaty rights). First Nations with valid claims further to the 1992 Saskatchewan Treaty Land Entitlement Framework Agreement would receive advance notification of divestment and be granted priority of opportunity to acquire the land concerned.

Compliance and enforcement

The Department continues as the lead federal organization responsible for compliance promotion and enforcement activities in the new NWAs according to the protections provided for under the Act and the Regulations, but no longer administers the 19 delisted units as part of an NWA. There is no change in how the Department enforces the Regulations in the Prince Edward Point NWA.

A compliance strategy has been developed to support the implementation of the Amendments. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the legislation through education and outreach activities that raise awareness and understanding. Given that the Amendments would not impose any significant new requirements, compliance promotion and enforcement activities will be limited, and will have a targeted focus. These activities will involve signage, web content, social media, direct mail outs, and responding to stakeholder inquiries.

The Act provides wildlife officers (designated under the Act) with various powers (e.g. inspection, right of passage, search and seizure, custody of things seized). Enforcement measures are available to wildlife officers (compliance orders, tickets, administrative monetary penalties [AMPs], 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 Act 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 habitats as well as the level of risk of non-compliance. Enforcement activities include strategic and tactical intelligence development and inspections/patrols. 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 and explain offences and punishments (penalties, fines and imprisonment) for offenders, whether they are individuals, small revenue corporations or other persons. Part I of Schedule I.2 to the Contraventions Regulations designates offences under the Wildlife Area Regulations that can subject an offender to a fine. Division 1 of Part 2 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations designates violations under the Canada Wildlife Act, and Division 2 designates violations under the Wildlife Area Regulations, which can subject a violator to an AMP.

Service standards

Section 4 of the Regulations allows the Minister to issue permits to undertake certain activities within an NWA. Upon receiving a complete permit application, the Minister has 40 days to either issue or refuse to issue a permit. A 90-day service standard applies to any permit applications that may affect a species protected under SARA.

The Department measures its service performance annually, and performance information is posted on the Department’s websitefootnote 3 no later than June 1st for the preceding fiscal year (April to March). The Department met the performance targets for all permit decisions under the Regulations in 2023-2024.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 15th Floor
Gatineau, Quebec
K1A 0H3
Email: ReglementsFaune-WildlifeRegulations@ec.gc.ca