Migratory Birds Regulations, 2022

Marginal note:Federal scaring or killing permit

• 65 (1) The Minister may issue a scaring or killing permit only to a person who

  • (a) owns, leases or manages a parcel of land;

  • (b) holds or is the authorized representative of a person who holds an easement, real servitude, right-of-way or licence of occupation in respect of a parcel of land; or

  • (c) has or is the authorized representative of a person who has rights under the laws of a province to use a parcel of land for public utilities or public infrastructure.

• Marginal note:Rights of permit holder and nominees

  (2) The permit describes the parcel of land and authorizes its holder and their nominees, within that parcel of land and subject to the conditions of the permit, to scare migratory birds with an aircraft or firearm or to kill them, if those birds are causing or are likely to cause danger to human health or public safety or damage to agricultural, environmental or other interests, and to take and have in their possession migratory birds killed under its authority.

• Marginal note:Nomination

  (3) The permit holder may nominate, from among the residents of the province in which the parcel of land described in the permit is situated, as many nominees as are specified in the permit.

• Marginal note:Requirement

  (4) A nomination by a permit holder must be in writing and the nominee must carry the nomination on their person at all times while they are performing the activities authorized by the permit.

• Marginal note:Obligations after expiry or cancellation

  (5) A person to whom a permit was issued must, within 15 days after its expiry or cancellation,

  • (a) return it to the Minister; and

  • (b) report to the Minister any information with respect to the birds killed under its authority that the Minister requires.

• Marginal note:Validity

  (6) In addition to the cases of invalidity set out in section 14, a permit that was issued to prevent damage to a crop in the parcel of land described in the permit ceases to be valid when that crop is harvested.