Migratory Birds Regulations (C.R.C., c. 1035)

Regulations are current to 2017-11-06 and last amended on 2016-06-13. Previous Versions

 If the Minister has reason to believe that it is necessary to avoid injury to agricultural interests in a particular area or areas or to avoid injury to public health or safety or to the use of land in the area or areas and that other means to avoid those injuries are not sufficient to avoid the injuries described, the Minister may issue to a person who owns, leases or manages land in the area or areas a permit authorizing the person and the person’s nominees named in the permit to undertake, in the manner described in the permit, any activities necessary for the purpose of relocating the migratory birds, eggs and nests described in the permit, including all of the following:

  • (a) capturing or taking the migratory birds, eggs and nests;

  • (b) removing the migratory birds, eggs and nests from the area or areas described in the permit; and

  • (c) transporting and releasing the migratory birds, eggs and nests in the area or areas described in the permit.

  • SOR/2000-247, s. 1;
  • SOR/2005-186, s. 4.
  •  (1) [Repealed, SOR/2000-247, s. 2]

  • (2) No person while acting under the authority of a permit issued under section 25 or 26 shall use decoys, duck or goose calls or blinds or other concealment.

  • (3) Where a permit is issued under section 25 or 26 to kill migratory birds that are causing or are likely to cause damage to crops, no person mentioned in the permit shall

    • (a) shoot migratory birds elsewhere than on or over fields containing such crops; or

    • (b) discharge firearms within 50 metres of any water area.

  • (4) Subsection 5(3) and sections 7 to 9 do not apply to a person while he is acting under the authority of a permit issued pursuant to section 25 or 26.

  • (5) No person shall hunt in a lure crop area or a bait station area unless the area has been declared open for hunting by the chief game officer or the Regional Director.

  • (6) No person shall enter a lure crop area or a bait station area unless authorized in writing by the chief game officer or the Regional Director.

  • SOR/78-490, s. 5;
  • SOR/2000-247, s. 2.

Airport Permits

  •  (1) The Minister may issue a permit

    • (a) to the manager of a civilian airport or the nominee of such manager, or

    • (b) to the commanding officer of a military airport or the nominee of such commanding officer,

    to kill on the airport migratory birds that are considered by such manager, commanding officer or nominee to be a danger to aircraft operating at such airport.

  • (2) A permit issued pursuant to subsection (1) is valid from the date of issue to the expiry date specified in the permit or, if it is cancelled by the Minister, to the date of cancellation.

  • SOR/82-264, s. 1.

Taxidermist Permits

 No taxidermist shall have in his possession the carcass of a migratory bird unless he has a permit issued by the Minister entitling him to have migratory birds in his possession for the purposes of taxidermy.

 No taxidermist shall receive or accept specimens of migratory birds or their eggs for preservation or mounting unless the specimens are accompanied by a statement in writing signed by the owner giving his full name and address and the date on which, the place where, the circumstances in which and the permit number under which the specimens were taken.

  •  (1) Every taxidermist shall keep books and records showing, in respect of specimens of migratory birds and eggs received by him,

    • (a) the name of each species and the number thereof;

    • (b) the date, place and circumstances of the taking of the birds and eggs;

    • (c) the date when the birds and eggs were received; and

    • (d) the names and addresses of the owners of the birds and eggs, the permit numbers under which they were collected and the persons from whom they were received by the taxidermist.

  • (2) Every taxidermist shall permit a game officer to examine at all reasonable times the books and records that are required to be kept by him under this section.

  • (3) Every taxidermist shall make such annual or other returns as the Minister may require.

  • (4) No permit issued pursuant to section 29 is valid if the holder of that permit fails to meet the requirements of this section.

Eiderdown Permits

  •  (1) A permit to collect, possess, sell or transport eiderdown may be issued by the Minister.

  • (2) Subject to subsection 5(9) and section 38, a permit to collect or possess eiderdown is not required in those areas included in the Agreements referred to in section 38.

  • (3) A person holding a permit issued pursuant to subsection (1) or who, pursuant to subsection (2), is not required to hold a permit, shall leave sufficient eiderdown in each nest from which he collects it to protect eggs from predators or environmental chilling.

  • SOR/80-577, s. 9;
  • SOR/81-641, s. 6.

Foreign Species

 No person shall introduce into Canada for the purpose of sport, acclimatization or release from captivity a species of migratory bird not indigenous to Canada except with the consent in writing of the Director.

Posters

 No person shall destroy, tear down, deface or damage a poster, notice or sign that has been erected pursuant to these Regulations.

 [Repealed, SOR/2005-198, s. 5]

Powers of the Minister

  •  (1) The Minister may vary or suspend the application of these Regulations where urgent action is needed and where the Minister considers it necessary for the conservation of migratory birds.

  • (2) Where the Minister varies or suspends the application of these Regulations under subsection (1), the Minister shall cause to be published in a newspaper distributed in the area affected by the variation or suspension or broadcast by any other means in that area a notice stating that, until further notice, the application of these Regulations in the area described in the notice is varied or suspended.

  • (3) The variation or suspension of the application of these Regulations ceases to have effect at the latest one year after it comes into force or, where the situation necessitating urgent action ceases to exist, at any earlier date specified by the Minister. The Minister shall cause to be published or broadcast, in the manner set out in subsection (2), a notice stating that the variation or suspension of the application of these Regulations has ceased to have effect.

  • SOR/2000-247, s. 3.
  •  (1) The Minister may, where he has reasonable cause to believe that it is necessary for conservation purposes, vary any hunting period or quota set out in these Regulations.

  • (2) Where the Minister has reasonable cause to believe that it is necessary for the conservation of a species of migratory bird in an area, he may cause to be published in a local newspaper or broadcast over a local radio station a notice stating that, until further notice, hunting of the species set out in the notice is prohibited in the area described therein.

  • (3) Where a notice has been given pursuant to subsection (2), no person shall hunt for the species set out in the notice in the area described therein until a notice permitting hunting of that species in that area has, on behalf of the Minister, been published in a local newspaper or broadcast over a local radio station.

  • SOR/80-577, s. 10.

 Nothing in these Regulations shall be interpreted or applied in a manner inconsistent with the provisions of the James Bay and Northern Quebec Agreement as approved, given effect to and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act or the Northeastern Quebec Agreement as approved, given effect to and declared valid by Order in Council P.C. 1978-502, dated February 23, 1978, if such provisions are not in conflict with the provisions of the Act and the Convention in respect of migratory birds referred to in section 2 of the Act.

  • SOR/80-577, s. 10.
 
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