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

Interpretation

Marginal note:Definitions

1 The following definitions apply in this Order.

agricultural operation

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

legal subdivision

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

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

1.1 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.

Habitat

Marginal note:Alberta and Saskatchewan

2 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

• 3 (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)(a) and (b)

  (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)(c) to (f)

  (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).

Marginal note:Prohibited acute sensory disturbances

• 4 (1) A person must not operate a facility, motor vehicle or machine that produces a noise that exceeds 45 dB(A) at any given time between 1.5 hours before sunset to 1.5 hours after sunrise during the period beginning on April 1 and ending on May 30 of any given year, within a legal subdivision or road allowance.

• Marginal note:Sunset and sunrise times

  (2) Sunset and sunrise times are established by using the forecast of Environment Canada for the location that is closest to the location to which a prohibition applies under subsection (1).

• Marginal note:Non-application

  (3) Subsection (1) does 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:Non-application

  (4) The prohibition against operating a motor vehicle that produces a noise that exceeds 45 dB(A) during the period set out in subsection (1) does not apply to a person who operates a motor vehicle

  • (a) to or from a residential building;

  • (b) to or from a place where that person is conducting an agricultural operation; or

  • (c) to visit a person who is conducting an agricultural operation.

• Marginal note:Application

  (5) This section applies 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) 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).

Marginal note:Exception

5 The prohibitions do not apply to a person engaging in activities related to public safety or health, or to the health of animals and plants, that are authorized under provincial law.

Marginal note:Offences

6 Paragraphs 3(1)(a) to (f) and subsection 4(1) may give rise to offences under section 97 of the Species at Risk Act.

Coming into Force

Marginal note:90 days after registration

Footnote ^*7 This Order comes into force 90 days after the day on which it is registered.

• Return to footnote ^*[Note: Order in force February 18, 2014.]