Emergency Order for the Protection of the Greater Sage-Grouse (SOR/2013-202)

Regulations are current to 2016-06-06 and last amended on 2014-03-07. Previous Versions

Emergency Order for the Protection of the Greater Sage-Grouse

SOR/2013-202

SPECIES AT RISK ACT

Registration 2013-11-20

Emergency Order for the Protection of the Greater Sage-Grouse

P.C. 2013-1245 2013-11-18

Whereas the Minister of the Environment is of the opinion that the Greater Sage-Grouse faces imminent threats to its survival and recovery;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 80 and subsection 97(2) of the Species at Risk ActFootnote a, makes the annexed Emergency Order for the Protection of the Greater Sage-Grouse.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Order.

agricultural operation

activité agricole

agricultural operation has the meaning assigned by the laws of the province in which the operation takes place. (activité agricole)

legal subdivision or LSD

subdivision officielle ou subd. off.

legal subdivision or LSD means a unit of land described in the Dominion Land Survey System that is 1/4 of a quarter-section and has an area of approximately 16 ha or 400 m by 400 m. (subdivision officielle ou subd. off.)

quarter-section

quart de section

quarter-section means a unit of land described in the Dominion Land Survey System that has an area of approximately 64 ha or 800 m by 800 m. (quart de section)

Non-Application

Marginal note:Non-application

 Despite paragraph 2(b) and subsections 3(7) and (8), this Order does not apply to

  • (a) legal subdivision 12 of the northwest quarter-section of section 29, township 2, range 29 and west of the third meridian; and

  • (b) legal subdivisions 3, 4, 5 and 6 of the southwest quarter-section of section 29, township 2, range 29 and west of the third meridian.

  • SOR/2014-54, s. 1.

Habitat

Marginal note:Alberta and Saskatchewan

 For the purposes of paragraph 80(4)(c) of the Species at Risk Act, the following areas are identified as habitat that is necessary for the survival or recovery of the Greater Sage-Grouse:

  • (a) in Alberta, the area that is composed of

    • (i) the legal subdivisions of the quarter-sections that are listed in column 1 of Part 1 of Schedule 1 for which a provision is set out in any of columns 2 to 5,

    • (ii) the parts of road allowances that are between any two legal subdivisions referred to in subparagraph (i) and that are contiguous to them, and

    • (iii) the parts formed by the intersection of two road allowances whose four corners each touch a legal subdivision referred to in subparagraph (i); and

  • (b) in Saskatchewan, the area that is composed of

    • (i) the legal subdivisions of the quarter-sections that are listed in column 1 of Part 2 of Schedule 1 for which a provision is set out in any of columns 2 to 5,

    • (ii) the parts of road allowances that are between any two legal subdivisions referred to in subparagraph (i) and that are contiguous to them, and

    • (iii) the parts formed by the intersection of two road allowances whose four corners each touch a legal subdivision referred to in subparagraph (i).

Prohibitions

Marginal note:Prohibited activities
  •  (1) The following activities are prohibited:

    • (a) killing sagebrush plants, native grasses or native forbs in a legal subdivision or road allowance, other than

      • (i) in any part of the legal subdivision or road allowance that was used for growing and harvesting non-native plants at any given time in 2011, 2012 or 2013, or

      • (ii) in an area that is on or within 15 m of the edge of a road;

    • (b) moving sagebrush plants, native grasses or native forbs from or within a legal subdivision or road allowance, other than

      • (i) from or within any part of the legal subdivision or road allowance that was used for growing and harvesting non-native plants at any given time in 2011, 2012 or 2013, or

      • (ii) in an area that is on or within 15 m of the edge of a road;

    • (c) installing or constructing a fence in a legal subdivision or road allowance;

    • (d) installing or constructing, in a legal subdivision or road allowance, a structure or machine that produces a noise that exceeds 45 dB(A) for a total daily duration of at least 60 minutes in at least 10 days of any given month, or a structure that houses a machine that produces such a noise in a location where such a noise did not exist on the date of the coming into force of this Order, or altering a structure or machine that exists on the date of the coming into force of this Order, in a legal subdivision or road allowance, or its use, in a way that results in the structure or machine producing such a noise;

    • (e) constructing a new road or widening a road that exists on the date of the coming into force of this Order, in a legal subdivision or road allowance; and

    • (f) installing or constructing a structure — other than a fence — machine or pole that is greater than 1.2 m in height in a legal subdivision or road allowance, or increasing the height of a structure — other than a fence — machine or pole that exists on the date of the coming into force of this Order beyond that height in a legal subdivision or road allowance.

  • Marginal note:Type of road

    (2) Paragraphs (1)(a), (b) and (e) only apply to a road that is paved, oiled, graded or levelled using heavy machinery and that is for the use of motor vehicles.

  • Marginal note:Non-application

    (3) Paragraphs (1)(a) to (c) do not apply in respect of

    • (a) the installation or construction, in a legal subdivision or road allowance, of a fence to manage grazing animals that conforms to the standards set out in Schedule 2; and

    • (b) the installation or construction, in a legal subdivision or road allowance, of a watering system to manage grazing animals, if the installation or construction does not result in the destruction of more than 30 m2 of an area that is covered with sagebrush plants, native grasses or native forbs in that legal subdivision or road allowance.

  • Marginal note:Watering system

    (4) For the purposes of paragraph (3)(b), a watering system must not occupy an area on or above the ground that is more than 30 m2, must not include a dam and must not have any pipes with a diameter of 11 cm or more.

  • Marginal note:Non-application

    (5) Paragraphs (1)(a) to (f) do not apply either inside or within 100 m of

    • (a) a residential building that exists on the date of the coming into force of this Order;

    • (b) a building that is used for the purposes of an agricultural operation if it exists on the date of the coming into force of this Order;

    • (c) a shelter that is used for the purposes of an agricultural operation if it remains at the same place where it was located on the date of the coming into force of this Order; or

    • (d) a structure or machine that is used to feed, handle, treat or provide water to grazing animals if it is used at the same place where it was used before the coming into force of this Order.

  • Marginal note:Installing or constructing — meaning

    (6) For the purposes of paragraphs (1)(c), (d) and (f), installing or constructing does not include

    • (a) reconstructing or repairing a pole or structure — including a fence — that exists on the date of the coming into force of this Order or replacing it with a pole or structure — including a fence — whose dimensions do not exceed those of the existing pole or structure; or

    • (b) reconstructing or repairing a structure or machine that produces a noise and that exists on the date of the coming into force of this Order or replacing it with a structure or machine whose dimensions and noise levels do not exceed those of the existing structure or machine.

  • Marginal note:Application — paragraphs (1)() and ()

    (7) Paragraphs (1)(a) and (b) apply to

    • (a) the legal subdivisions of the quarter-sections that are listed in column 1 of Part 1 or 2 of Schedule 1 for which “3(1)(a) to (f)” or “3(1)(a) to (f) and 4” is set out in any of columns 2 to 5;

    • (b) the parts of road allowances that are between any two legal subdivisions referred to in paragraph (a) and that are contiguous to them; and

    • (c) the parts formed by the intersection of two road allowances whose four corners each touch a legal subdivision referred to in paragraph (a).

  • Marginal note:Application — paragraphs (1)() to ()

    (8) Paragraphs (1)(c) to (f) apply to

    • (a) the legal subdivisions of the quarter-sections that are listed in column 1 of Part 1 or 2 of Schedule 1 for which “3(1)(a) to (f)”, “3(1)(a) to (f) and 4” or “3(1)(c) to (f) and 4” is set out in any of columns 2 to 5;

    • (b) the parts of road allowances that are between any two legal subdivisions referred to in paragraph (a) and that are contiguous to them; and

    • (c) the parts formed by the intersection of two road allowances whose four corners each touch a legal subdivision referred to in paragraph (a).

 
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