Regulations Amending the Migratory Bird Sanctuary Regulations (Miscellaneous Program): SOR/2025-99

Canada Gazette, Part II, Volume 159, Number 7

Registration
SOR/2025-99 March 12, 2025

MIGRATORY BIRDS CONVENTION ACT, 1994

P.C. 2025-402 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 Migratory Bird Sanctuary Regulations (Miscellaneous Program) under subsection 12(1)footnote a of the Migratory Birds Convention Act, 1994 footnote b.

Regulations Amending the Migratory Bird Sanctuary Regulations (Miscellaneous Program)

Amendments

1 The long title of the Migratory Bird Sanctuary Regulations footnote 1 is replaced by the following:

Migratory Bird Sanctuary Regulations

2 Section 1 of the Regulations and the heading before it are repealed.

3 Paragraph 11(d) of the Regulations is replaced by the following:

4 Item 1 of Part X of the schedule to the Regulations is repealed.

5 Item 5 of Part X of the schedule to the Regulations is repealed.

6 Items 8 to 10 of Part X of the schedule to the Regulations are repealed.

7 Items 12 to 15 of Part X of the schedule to the Regulations are repealed.

8 The heading of Part XI of the schedule to the Regulations is replaced by the following:

Quebec and Nunavut

9 The heading of Part XII of the schedule to the Regulations is replaced by the following:

Ontario and Nunavut

10 The schedule to the Regulations is amended by adding the following after Part XII:

PART XIII
Nunavut

1 Akimiski Island Bird Sanctuary

In Nunavut, in the Qikiqtaaluk Region, all that parcel of land and land covered by water, crossed by the parallel of latitude 53°N, situated in James Bay, and comprising that part of Akimiski Island lying to the east of the meridian 81°30′W, together with the foreshore, islands, shoals or rocks and the waters of James Bay lying within five miles of the line of ordinary high water mark of Akimiski Island and to the east of that meridian.

2 Bylot Island Bird Sanctuary

In Nunavut, in the Qikiqtaaluk Region, the whole of Bylot Island and all waters and islands or parts of islands within two miles of the ordinary high water mark of Bylot Island.

3 Isulijarniq Bird Sanctuary

In Nunavut, in the Qikiqtaaluk Region, all that portion of Baffin Island, more particularly described as follows:

All being described with reference to the latest appropriate map sheets of the National Topographic Series on a scale of eight miles to one inch, available on January 4, 1957.

4 Qaqsauqtuuq Bird Sanctuary

In Nunavut, in the Kivalliq Region, all those portions of Southampton Island and the waters of Hudson Bay more particularly described as follows:

All being described with reference to the latest appropriate map sheets of the National Topographic Series on a scale of eight miles to one inch, available on March 2, 1959.

5 Ikkattuaq Bird Sanctuary

In Nunavut, in the Kivalliq Region, all those portions of Southampton Island and the waters of Hudson Bay more particularly described as follows:

All being described with reference to the latest appropriate map sheet of the National Topographic Series on a scale of eight miles to one inch, available on March 2, 1959.

6 Kuugaarjuk Bird Sanctuary

In Nunavut, in the Kivalliq Region and the foreshore of Hudson Bay, in the vicinity of the hamlet of Arviat, the whole of Kuugaarjuk Bird Sanctuary, formerly known as McConnell River Bird Sanctuary, according to an explanatory plan prepared in the office of the Surveyor General of Canada Lands and bearing record number 50228 in the Canada Lands Surveys Records at Ottawa, the bearings of that plan being referred to the meridian 94°W; that sanctuary containing about 127 square miles.

7 Akpaqarvik Bird Sanctuary

In Nunavut, in the Qikiqtaaluk Region, all that parcel more particularly described as follows:

The whole of Prince Leopold Island being designated in accordance with the Gazetteer of Canada for Northwest Territories, Ottawa, 1980, and shown on combined National Topographic Series map 58E/3, 58E/2, 58D/15 and part of 58D/14 Prince Leopold Island, produced at a scale of 1:50,000 by the Department of Energy, Mines and Resources at Ottawa; all the waters within five kilometres of the ordinary high water mark of Prince Leopold Island; and the foreshore of Prince Leopold Island and any rocks and islets above the ordinary low water mark of those waters; that parcel containing about 30,305 ha (6,360 ha of land area; 23,945 ha of water area).

8 Ahiak Bird Sanctuary

In Nunavut, in the Kitikmeot Region and the waters of Queen Maud Gulf, the whole of Ahiak Bird Sanctuary more particularly described as follows:

All being described with reference to map sheets 66 N.W. and 66 N.E. dated 1953, 76 N.W. and 76 N.E. dated 1954 and 77 S.W. and 77 S.E. dated 1958 of the National Topographic Series, on a scale of eight miles to one inch and with reference to map sheet 67 S.W. and 67 S.E. dated 1958 of that series on a scale of 1:500,000; that sanctuary containing about 24,240 square miles.

9 Naujavaat Bird Sanctuary

In Nunavut, in the Qikiqtaaluk Region, the whole of Seymour Island and all waters and islands or parts of islands within two miles of the ordinary high water mark of Seymour Island.

Coming into Force

11 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

Under section 6.7 of the 2016 to 2023 Inuit Impact and Benefit Agreement for National Wildlife Areas and Migratory Bird Sanctuaries in the Nunavut Settlement Area (IIBA), Canada committed to adopting Inuktitut names for Migratory Bird Sanctuaries (MBS) in the Nunavut Settlement Area, necessitating administrative amendments to the Migratory Bird Sanctuary Regulations (the Regulations).

Objective

The objective of the Regulations Amending the Migratory Bird Sanctuary Regulations (Miscellaneous Program) (the amendments) is to fulfil the Government of Canada’s obligations under the IIBA with regard to renaming seven MBS in the Nunavut Settlement Area with Inuktitut names.

Description and rationale

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, which was amended in 1995 by the Parksville Protocol. Canada implements those agreements via the Migratory Birds Convention Act, 1994 (the MBCA). The objective of the Migratory Birds Convention and the MBCA is to conserve and protect migratory birds. This objective is achieved in part through the Regulations under the MBCA, which prescribe prohibitions regarding hunting and possessing migratory birds, as well as prohibitions against activities that are harmful to migratory birds or the eggs, nests or habitat of migratory birds in prescribed MBS.

In the Nunavut Settlement Area, under the IIBA, MBS are co-managed with Inuit from communities adjacent to the protected areas and the Government of Canada. The IIBA ensures that Inuit fully benefit and fully participate in economic and other opportunities arising from the establishment and management of the MBS. The opportunities for Inuit provided by this IIBA should build capacity and encourage self-reliance and the cultural and socio-economic well-being of Inuit.

In accordance with section 6.7 of the 2016-2023 IIBA, the Department of the Environment (the Department) has renamed seven MBS in the Nunavut Settlement Area with Inuktitut names identified by the Area Co-Management Committee (ACMC) responsible for each of the MBS:

Renaming the MBS with Inuktitut names contributes to the Government of Canada’s obligations under the IIBA and helps demonstrate the Government of Canada’s commitment to reconciliation.

In addition, the Schedule to the Regulations has not been amended since Nunavut became a territory. To ensure the Regulations remain geographically accurate, the amendments also create a new Part XIII to the Schedule for MBS formerly located in the Northwest Territories and now located in Nunavut. References to the Northwest Territories that are no longer accurate have been replaced with Nunavut, and references to outdated district and community names from the former Northwest Territories have been replaced with the region and community names that are currently in use in Nunavut.

Lastly, regulations are no longer drafted with a long and short title, therefore the long title of the Regulations has been replaced by “Migratory Bird Sanctuary Regulations” and Section 1 of the Regulations and the heading above it have been repealed.

One-for-one rule and small business lens

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

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

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