Critical Habitat of the Piping Plover melodus subspecies (Charadrius melodus melodus) Order: SOR/2026-183

Canada Gazette, Part II, Volume 160, Number 18

Registration
SOR/2026-183 August 28, 2026

SPECIES AT RISK ACT

Whereas the Piping Plover melodus subspecies (Charadrius melodus melodus) is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Act footnote a;

Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry;

Whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)footnote b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order;

Whereas, under subsection 58(5) of that Act, the competent minister must consult with every other competent minister and whereas the Minister of the Environment is also the Minister responsible for the Parks Canada Agency;

And whereas the Minister of the Environment is of the opinion that the annexed Order would affect land that is under the authority of other federal ministers and, under subsection 58(9) of that Act, has consulted with those Ministers with respect to the Order;

Therefore, the Minister of the Environment makes the annexed Critical Habitat of the Piping Plover melodus subspecies (Charadrius melodus melodus) Order under subsections 58(4) and (5) of the Species at Risk Act footnote a.

Gatineau, August 27, 2026

Julie Dabrusin
Minister of the Environment

Critical Habitat of the Piping Plover melodus subspecies (Charadrius melodus melodus) Order

Application

1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Piping Plover melodus subspecies (Charadrius melodus melodus), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry, that is on federal land, other than the portions that are

Coming into force

2 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The Amended Recovery Strategy and Amended Action Plan 2026 (2026 RSAP) for the Piping Plover melodus subspecies (Charadrius melodus melodus) [Piping Plover], a migratory shorebird listed as endangered under the Species at Risk Act (SARA), identifies critical habitat on certain federal lands that is not currently protected under SARA or another Act of Parliament. As a result, the Minister of Environmentfootnote 1 (the Minister) is required under SARA to make an order to protect that critical habitat from destruction.footnote 2

Background

The Piping Plover is a small migratory shorebird found only in North America. It occurs in two subspecies in Canada. The melodus subspecies, to which this Order applies, nests on the east coast in New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and Quebec. Having been listed as endangered, Environment and Climate Change Canada (the Department) and Parks Canada prepared a recovery strategyfootnote 3 that contains information including a description of the species, threats to its survival and recovery and, to the extent possible, the identification of the species’ critical habitat — that is, the habitat necessary for a listed wildlife species’ recovery or survival.footnote 4 Piping Plovers breed on beaches that are valuable to humans for development, resource extraction and recreational use, leading to the loss or degradation of Piping Plover habitat.

The 2026 RSAP identifies Piping Plover critical habitat as

Table 6 of the 2026 RSAP lists the effects on habitat features that must be avoided. Any activity that leads to the following effects may result in the destruction of critical habitat and may, therefore, contravene this Order.

Some examples of activities that may cause these destructive effects include, but are not limited to, coastal development (e.g. construction of homes or trails), the use of motorized vehicles (e.g. off-road vehicles and dirt bikes), beach nourishment, beach cleaning or raking, and shoreline stabilization.

If critical habitat, or any portion of it, is found on federal landsfootnote 10 and is not protected under SARA or any other Act of Parliament, the competent minister must make an order to protect against the destruction of critical habitat.footnote 11 This order must be made within 180 days of the date that critical habitat was identified in a final recovery strategy or action plan on the Species at Risk Public Registry.

Objective

The objective of the Critical Habitat of the Piping Plover melodus subspecies (Charadrius melodus melodus) Order (the Order) is to meet the non-discretionary obligation under SARA to prohibit the destruction of critical habitat on certain federal lands.

Description

The ministerial Order prohibits the destruction of the critical habitat that has been identified in the 2026 RSAP for the Piping Plover when found on federal lands. The Order applies to approximately 44 federally administered sitesfootnote 12 in Quebec, New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador, which are used for a variety of purposes, such as transportation (ports), marine navigation aids and lights, and conservation. As of February 2026, the Department of Fisheries and Oceans (DFO), Department of National Defence (DND), Indigenous Services Canada (ISC)footnote 13 and Parks Canada administer these sites.

The Order will not apply to reserves and lands set apart for the use and benefit of a band under the Indian Act. Portions of critical habitat in national wildlife areas, national parks and migratory bird sanctuaries are protected under subsection 58(2) of SARA when descriptions of those portions are published in the Public Registry.footnote 14 The Registry includes five such published descriptions for Piping Plover critical habitat.

Only one reserve was identified as containing critical habitat, which would not be protected by this Order. However, the First Nation on this reserve has advised that they are interested in a collaborative approach to protection, which is also the Department’s preferred approach.

This Regulatory Impact Analysis Statement is based on federal lands identified as of December 2025. The Order could apply to different federal properties in the future if the Government acquires or divests land containing Piping Plover critical habitat.

Regulatory development

Consultation

Consultation on the intention to protect Piping Plover critical habitat through a critical habitat protection order occurred in 2021 in relation to an earlier version of the RSAP. The Department consulted with other federal government departments and agencies whose lands contained critical habitat. The Department also engaged with Indigenous partners and contacted provincial governments in the Atlantic provinces. Given the complex nature of the scientific information in the 2026 RSAP, the Department offered to organize teleconferences or other methods of contact to explain and discuss the potential impacts of the Order. This helped to ensure that the consultation process remained accessible. The 2021 comment periods for Indigenous partners were also extended in consideration of limitations during the COVID-19 pandemic.

In 2025, the Department determined that only a check-in with partners and stakeholders was needed, as, since the 2021 consultation, there had been no changes in the recovery strategy and action plan affecting the critical habitat relevant to a potential order. An analysis of land tenure also confirmed that there were no new external stakeholders requiring consultation. In December 2025 and January 2026, the Department recontacted partners and stakeholders to advise that the Order was proceeding and invited questions or offered meetings to discuss the Order. The Department noted that while responsibility for certain federal properties had changed, all federal government organizations administering properties that could be affected by the Order were given an opportunity to comment.

Consultation and engagement with other federal government departments and agencies

For federal government organizations, the consultation period ran from March 29, 2021, to May 10, 2021, with a follow-up notification period in January 2026 to advise of the intention to proceed with the Order. No federal departments objected to the Order in 2021. In 2026, three federal departments responded, none raising concerns with the Order. However, ISC provided a joint comment with Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), advising that one property was subject to an accepted land claim currently under negotiation between Canada and two First Nations. As of February 2026, the land was under the administration and control of ISC and DFO, pending settlement. The parties involved in land administration and claim settlement, including the First Nations, were all consulted and did not object to the Order.

Engagement with other stakeholders

During the consultation period in 2021, departmental staff in the Atlantic region also notified provincial government counterparts in New Brunswick, Newfoundland, Nova Scotia and Prince Edward Island of the Department’s intention to proceed with the Order. Responses were received from three provinces, one with a question which the Department answered, and two with acknowledgment of the upcoming Order. In 2025, the Department sent an update to the Atlantic provinces to advise of the intention to proceed with the Order; no provinces responded.

Indigenous engagement, consultation and modern treaty obligations

Section 35 of the Constitution Act, 1982 recognizes and affirms the aboriginal and treaty rights of Indigenous peoples of Canada, including rights related to activities, practices, and traditions of Indigenous peoples that are integral to their distinctive cultures. As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted in relation to the Order. Across the range of Piping Plover’s critical habitat, there are no modern treaties that intersect with the Piping Plover’s critical habitat. Therefore no wildlife management boards to consult.

​The United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) is an international human rights instrument that sets out minimum standards for the survival, dignity, and well-being of Indigenous peoples. The Government of Canada is committed to taking effective measures, including legislative and policy measures, in consultation and cooperation with Indigenous peoples, to achieve the objectives of the UN Declaration. The Order will help advance this commitment by enhancing the protection of the environment through a prohibition against the destruction of critical habitat on certain federal lands.

​​Ultimately, the rights of Indigenous peoples are not anticipated to be adversely impacted by the application of the Order, either because their reserve lands do not contain any critical habitat or, in the case of one First Nation with critical habitat on its reserve lands, because these lands will be excluded from the Order. With respect to the exercise of Indigenous rights on federally administered lands within traditional territories, no impacts were identified during the consultation period.

Indigenous engagement

In the initial consultation period from March-April to July 2021, the Department consulted with 38 Indigenous communities and organizations in the Atlantic and Quebec regions whose traditional territories overlap the range of Piping Plover. The Department contacted Indigenous consultation groups that are parties to relevant agreements between the federal government, provinces, and Indigenous Peoples, for which the area governed by the agreement intersected with Piping Plover critical habitat. No Indigenous communities contacted in Quebec provided comment. In the Atlantic region, the Department received a total of six responses, none of which opposed the Order.

At the time of publication of the proposed 2026 RSAP in December 2025, the Department notified Indigenous communities, federal government departments and provincial governments in the Atlantic region of the previous 2021 consultation and advised of the Department’s intention to proceed with the Order. In both regions, the comment period ran from December 12, 2025, to February 6, 2026. The Department received one response in the Quebec region and two responses in the Atlantic region, all indicating no objection to the Order.

Instrument choice

There is a statutory obligation under SARA for the Minister to make a ministerial order to protect critical habitat or portions of critical habitat on federal lands or to otherwise publish a statement setting out how the critical habitat is legally protected.

This Order enables otherwise unprotected critical habitat on portions of federal lands to be protected under SARA.

Regulatory analysis

Benefits and costs

The Order is expected to protect critical habitat and contribute to the recovery of Piping Plover, supporting benefits that the bird provides to society. The Order is also likely to provide protection and co-benefits for other species that share the soon-to-be protected portions of the critical habitat, also providing benefits to society. The protection of Piping Plover’s critical habitat is expected to cost society a total of up to $373,000 over 10 years, most of it attributable to permit applications and processing and expected additional enforcement costs, all incurred by the Government of Canada. No incremental costs to non-government stakeholders and Indigenous peoples have been identified.

Analytical framework

This cost-benefit analysis assesses impacts arising from critical habitat protection for Piping Plover on federal lands, defined as the difference between a scenario with the critical habitat protection in place, and one without.

This analysis assessed the federal properties with critical habitat features located within the geographical areas containing critical habitat identified in the amended recovery strategy for the Piping Plover, as of December 2025.

Given the existing protections under the Migratory Birds Convention Act, 1994 (MBCA) and Canada National Parks Act (CNPA) and their regulations as well as the general prohibitions already applicable under SARA, the incremental change associated with the Order is limited to prohibiting activities that would destroy any part of critical habitat for this species on federal lands identified within the Order beyond the species’ nest.

The impacts of the Order have been assessed in accordance with the Treasury Board Secretariat’s (TBS) Canadian Cost-Benefit Analysis Guide for Regulatory Proposals. An analytical period of 10 years was selected because it is the minimum period recommended by TBS when there is no evidence that extending the period analyzed would generate results that are significantly different. Costs provided in present value terms are discounted at 3%footnote 15 in the period of 2026–2035. Unless otherwise noted, all monetary values reported in this analysis are in 2025 constant dollars.

Benefits

The total economic value framework is often used to assess how environmental assets, such as species at risk, contribute to the well-being of society. Using this framework, the analysis found that critical habitat protection will contribute to the recovery objective identified in the recovery strategy for the Piping Plover by protecting the species’ critical habitat from destruction on federal lands, and therefore, will support the maintenance or enhancement of a variety of benefits for Canadians. These benefits are not entirely attributable to the Order, as the recovery of the species would likely result from a combination of this Order and additional protection and recovery measures undertaken by various levels of government, Indigenous peoples, and stakeholders. The benefits include significance to Indigenous peoples,footnote 16 recreational (eco-tourism) benefits,footnote 17,footnote 18,footnote 19,footnote 20 existence value,footnote 21,footnote 22,footnote 23,footnote 24,footnote 25,footnote 26 and co-benefits for other species that share Piping Plover’s habitat.footnote 17

Costs

This analysis assessed the potential costs of implementing the Order on stakeholders, Indigenous peoples and the Government of Canada stemming from compliance with the Order (which includes costs associated with SARA permit applications and SARA permit processing), as well as compliance promotion and enforcement activities. Protecting the Piping Plover’s critical habitat on federal lands is expected to generate low incremental economic costs for federal government departments. The Order is not expected to generate any costs for individuals, businesses or Indigenous peoples.

Permitting and compliance costs

A SARA permit will be required to conduct activities that could lead to Piping Plover critical habitat destruction after the Order’s implementation.

At the time of this publication, 44 federally administered sites (made up of 55 properties)footnote 27 were identified as both likely containing Piping Plover critical habitat and potentially containing activities likely to destroy habitat. Up to 14 of these sites were identified as having ongoing or potential future activities that may impact the species’ critical habitat. Therefore, they may require a SARA permit under the Order. DFO operates 13 of them, while DND operates 1.

It is assumed that DFO and DND will apply for a maximum of one SARA permit within the first year of implementation of the Order for each of these 14 sites in order to continue planned activities, which include maintenance of navigational structures, potential remediation of contaminated sites, beach nourishment, and use and maintenance as a golf course. The estimated administrative cost of permits is up to $3,300 per application or up to $46,000 in total for the departments. Permit application processing is expected to cost the Department $4,700 per permit, or up to $66,000, incurred in the first year of implementation. Avoidance or mitigation of impacts on critical habitat is expected to be possible, in most cases, at virtually no cost, while DND explained that measures to mitigate potential impacts on the species’ habitat at the property hosting the golf course could include training and raising awareness to the staff and golfers, estimated to cost DND up to $11,000 in material and workshops.footnote 28

Compliance promotion and enforcement

The Government of Canada will incur negligible incremental costs related to activities to promote compliance. It will also incur costs relating to enforcement activities, such as risk-based planning, engagement with partners, patrols and inspections (including operations and transportation costs), investigations, and measures to deal with any alleged offences (including warnings), and are expected to cost the Government up to $250,000 over 10 years.

Small business lens

Analysis under the small business lens did not identify any potential impact on small businesses, as the Order will not impose any compliance or administrative costs on small businesses. 

One-for-one rule

The one-for-one rule does not apply, as the Order is not expected to generate any additional administrative burden onto businesses.

Regulatory cooperation and alignment

The protection of wildlife species is a responsibility shared between the federal, provincial and territorial levels of government.

The 2026 RSAP, upon which this Order relies for its identification of critical habitat, was prepared to the extent possible in cooperation with the provinces of Quebec, New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island. There are also existing provincial efforts to protect the Piping Plover and its habitat. In Quebec, Piping Plover is listed as a threatened species under provincial legislation, and the province has mapped its protected habitat. In New Brunswick, Newfoundland and Labrador, and Nova Scotia, it is listed as endangered under each province’s species at risk legislation, leading to provincial recovery planning and habitat identification requirements.

Effects on the environment

A Climate, Nature and Economy Lens (CNEL) assessment found that the Order provides multiple ecological benefits. It aims to conserve the beach features necessary for Piping Plover survival and recovery, including beaches and coastal dunes, which provide essential habitats for a wide variety of plants, animals, and microorganisms — supporting biodiversity and offering breeding and nesting grounds for many terrestrial and aquatic species. Natural shorelines and dunes deliver several critical ecological functions, such as carbon sequestration, water purification, and serving as freshwater aquifers that help maintain groundwater quality and reduce salinity intrusion. Dunes also act as nature’s first line of defence against storm surges, flooding, and coastal erosion.

The Order directly supports Canada’s 2030 Nature Strategy goals of halting and reversing biodiversity loss by 2030 and putting nature on a path to recovery by 2050. The Order will help Canada meet its commitments to protect 30% of its land and waters by 2030 and restore degraded ecosystems (including marine and coastal ecosystems). It furthers the Kunming-Montreal Global Biodiversity Framework’s overarching global goal that “biodiversity is sustainably used and managed and nature’s contributions to people, including ecosystem functions and services, are valued, maintained and enhanced, with those currently in decline being restored.”

The Order also aligns with Goal 15 of the 2022–2026 Federal Sustainable Development Strategy (FSDS) to “protect and recover species, conserve Canadian biodiversity” and the Government of Canada’s priority, as stated in the FSDS, of “enhancing the implementation of the Species at Risk Act.” It contributes to the United Nations’ 2030 Agenda for Sustainable Development Goal (SDG) 15 “Life on Land,” which aims to halt biodiversity loss and protect biodiversity and natural habitat by preventing the extinction of threatened species.

Gender-based analysis plus

A gender-based analysis plus (GBA+) assessment examined whether characteristics such as sex, gender, age, race, sexual orientation, income, education, employment status, language, visible minority status, region of residence, disability, or religion could influence how a person is impacted by the Order.

Amongst the general public, certain recreational activities that could disturb or destroy critical habitat (e.g. walking on the beach with unleashed pets, or the use of off-road vehicles) would require modifications or would be prohibited on specified federal lands to ensure compliance with the Order.

The Order could potentially have minimal impacts on some groups of people, but the protection of the Piping Plover and its critical habitat will provide benefits for all Canadians.

Implementation, compliance and enforcement, and service standards

Implementation

The Order will come into force on the date on which it is registered.

Compliance and enforcement

The Department is responsible for compliance promotion and enforcement of the Order outside of Parks Canada-administered lands and waters. The Department conducts compliance promotion activities to increase awareness of the protection of listed species. The Department and Parks Canada continue to work with all stakeholders and provincial partners to conserve and protect the Piping Plover and its critical habitat and regularly engage with local habitat stewardship groups to bolster awareness of the Piping Plover and to help protect the species and its critical habitat.

SARA provides for penalties for contraventions to the Act, including fines, imprisonment or both, depending on the severity and type of offender. An alternative measures agreement may also be used to deal with an alleged offender under certain conditions. Enforcement officers designated under SARA have powers to force compliance with the Act, including peace officer powers.

Service standards

Under SARA, the competent minister may enter into an agreement or issue a permit authorizing a person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals. SARA also allows for a competent minister to issue permits under another Act of Parliament (e.g. Canada National Parks Act) that would have the same effect as those issued under SARA. SARA sets out the conditions and factors that the Minister must consider before issuing a permit.

The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations impose a 90-day service standard on the Government of Canada to issue or refuse permits under SARA. The 90-day timeline may be suspended in certain situations and may not apply in certain circumstances, such as a permit issued under another Act of Parliament. The service standard timelines contribute to consistency, predictability and transparency in the permitting process by providing applicants with clear and measurable service standards. The Department measures its service performance annually and performance information is posted on the Department’s website no later than June 1 for the preceding fiscal year.

Contact

Species at Risk Act Policy Division
Canadian Wildlife Service
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 13th Floor
Gatineau, Quebec
J8Y 3Z5
Telephone: 1‑800‑668‑6767
Email: LEPreglementations-SARAregulations@ec.gc.ca