Migratory Birds Regulations, 2022: SOR/2022-105

Canada Gazette, Part II, Volume 156, Number 12

Registration
SOR/2022-105 May 20, 2022

MIGRATORY BIRDS CONVENTION ACT, 1994
CANADA NATIONAL PARKS ACT
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT

P.C. 2022-523 May 19, 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Migratory Birds Regulations, 2022 pursuant to

(a) subsection 12(1)^{footnote a} of the Migratory Birds Convention Act, 1994^{footnote b};
(b) subsection 16(1)^{footnote c} and section 17 of the Canada National Parks Act^{footnote d};
(c) subsection 5(1) of the Environmental Violations Administrative Monetary Penalties Act^{footnote e}.

TABLE OF PROVISIONS

Migratory Birds Regulations, 2022

Interpretation

1 Definitions

Application

2 Migratory birds

3 Canadian waters

PART 1

General

Application

4 Scope

Prohibitions

5 Prohibitions

6 Prohibition — baiting

7 Lure crop and lure station areas

8 Signs related to prohibited activities

9 Foreign species

10 Possession of birds and nests

Temporary Possession

11 Possession without permit

Permits

12 Issuance by Minister

13 Conditions

14 Invalidity

15 Powers of the Minister — permits

16 Expiry

17 Reports

18 Gift of feathers — permit

Powers of the Minister to Vary the Application of the Regulations

19 Periods or limits

20 Urgent action

Section 35 of the Constitution Act, 1982

21 Hunting and harvesting

22 Right to exchange

23 Gift, sale or exchange of feathers

24 Rights held by a collectivity

PART 2

Hunting Migratory Game Birds

Application

25 Scope

26 Migratory game birds including murres

Prohibitions

27 Unauthorized hunting

28 Hunting out of season

29 Restrictions with respect to Sandhill Cranes

Migratory Game Bird Hunting Permit

30 Hunting for human consumption

31 Habitat conservation stamp

32 Hunting by minors

33 Permit expiry

34 Obligation to have permit on person

35 Invalidity of permit after guilty finding

Hunting Methods and Equipment

36 Prohibition – hunting where baiting has occurred

37 Authorized weapons

38 Non-toxic shot

39 Prohibition — birds and electronic bird calls

Vehicles

40 Prohibition — aircraft and motorized land vehicles

41 Prohibition — moving boats

Retrieving Migratory Game Birds

42 Means for retrieval

Daily Bag Limits

43 Prohibition

44 Prohibition — daily bag limit reached

Possession

45 Fully-feathered wing or head

46 Possession limit

47 No longer counted

48 Temporary third-party possession

49 Murre or unpreserved game bird

50 Prohibition — transfer of possession

51 Training retriever dogs

52 Fully feathered wing or head

53 Feathers

54 Gift for taxidermy, consumption or training

55 Prohibition — abandoning

56 Private conveyance

PART 3

Overabundance, Damage and Danger

Interpretation

57 Definition of resident

Application

58 Scope

Overabundant Species

59 Permit

60 Part 2 provisions that apply

61 Depositing bait in spring — Quebec

62 Killing near cut crops in fall — Quebec

Birds Causing Damage or Danger

63 Scaring birds

64 Provincial killing permit

65 Federal scaring or killing permit

66 Fully feathered wing or head

67 Gift for consumption, taxidermy or training

68 Prohibition — giving without label

69 Prohibition

70 Permit to destroy eggs or nests

71 Relocation permit

Danger to Aircraft

72 Airport permit

Toxic Shot

73 Prohibition

PART 4

Other Activities

74 Scope

75 Scientific permit

76 Aviculture permit

77 Taxidermist permit

78 Written statement

79 Records

80 Eiderdown commerce permit

81 Obligation – leaving sufficient eiderdown

82 Charity permit

PART 5

Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

Migratory Birds Convention Act, 1994

83 Migratory Bird Sanctuary Regulations

85 Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations

Canada National Parks Act

86 Wood Buffalo National Park Game Regulations

88 National Parks Wildlife Regulations

Environmental Violations Administrative Monetary Penalties Act

89 Environmental Violations Administrative Monetary Penalties Regulations

91 Repeal

Coming into Force

92 July 30, 2022

SCHEDULE 1

Notice to Minister Concerning Nest to be Damaged, Destroyed, Removed or Disturbed

TABLE 1

Alcid (Alcidae)

TABLE 2

Ardeid (Ardeidae)

TABLE 3

Hydrobatid (Hydrobatidae)

TABLE 4

Picid (Picidae)

TABLE 5

Procellarid (Procellariidae)

TABLE 6

Sulid (Sulidae)

SCHEDULE 2

Cost of Documents

Definitions

1 (1) The following definitions apply in these Regulations.

Act

means the Migratory Birds Convention Act, 1994. (Loi)

aircraft

includes an air vehicle that does not have a pilot on board. (aéronef)

bait

means any feed, or imitation feed, that may attract migratory birds. (appât)

chief provincial wildlife officer

means a person appointed as chief or director of a provincial authority responsible for the administration of a provincial wildlife act. (agent provincial en chef de la faune)

contact information

means postal address, email address, if any, and telephone number. (coordonnées)

daily bag limit

means, in respect of a species, or group of species, of migratory game birds or murres, the maximum number of birds that a person may kill or take in a day in a given area as set out in column 5 of Table 1 or, if applicable, of Table 2 of the relevant Part of Schedule 3, for that area and that species or, if the Minister has altered the daily bag limit under section 19, the limit established by the Minister. (maximum de prises par jour)

egg

means the egg of a migratory bird and includes parts of the egg. (œuf)

game officer

means a person who is appointed as a game officer under section 6 of the Act. (garde-chasse)

habitat conservation stamp

means a stamp issued for the following purposes set out in the Certificate of Continuance of Wildlife Habitat Canada dated July 11, 2014, as they relate to migratory birds:

(a) to promote the conservation, restoration and enhancement of wildlife habitat in order to retain the diversity, distribution and abundance of wildlife;
(b) to provide a funding mechanism for the conservation, restoration and enhancement of wildlife habitat in Canada; and
(c) to foster coordination and leadership in the conservation, restoration and enhancement of wildlife in Canada. (timbre de conservation des habitats)

holder

means, with respect to a permit, a person to whom a permit, that remains valid, was issued. (titulaire)

hunt

means chase, pursue, worry, follow after or on the trail of, lie in wait for, or attempt in any manner to capture, kill, take, injure or harass a migratory bird, whether or not it is captured, killed, taken, injured or harassed. (chasser)

lure crop area

means an area of cropland that, under an agreement between the Government of Canada and the government of a province, remains unharvested for the purpose of luring migratory birds away from other unharvested crops nearby and that is designated as such an area by a sign. (zone de cultures de diversion)

lure station area

means an area established under an agreement between the Government of Canada and the government of a province where bait is deposited for the purpose of luring migratory birds away from unharvested crops nearby, and designated as such an area by a sign. (zone de diversion)

minor

means an individual who has not attained the age of 18 years. (mineur)

open season

means, in respect of a species, or group of species, of migratory game birds or murres, any season during which birds of those species may be hunted in an area as set out in column 4 of Table 1 or, if applicable, Table 2, of the relevant Part of Schedule 3 or, if the Minister has altered the open season under section 19, the open season established by the Minister. (saison de chasse)

overabundant species

means a species of migratory game bird that causes damage or is likely to cause damage to agricultural, environmental or other similar interests as a result of the rate of increase of the population of that species or the abundance of that population, and that is is set out in column 2 of Table 2 of any Part of Schedule 3. (espèce surabondante)

permit

means a permit issued under these Regulations. (permis)

possession limit

means, in respect of a species, or group of species, of migratory game birds or murres, the maximum number of birds that a person may have in their possession at any time in an area set out in column 3 of Table 1 or, if applicable, of Table 2 of the relevant Part of Schedule 3 or, if the Minister has altered the possession limit under section 19, the possession limit established by the Minister. (maximum d’oiseaux à posséder)

preserved

means, with respect to a migratory game bird, one that has

(a) been eviscerated and plucked in any location and then been frozen, made into sausage, cooked, dried, canned or smoked in a location other than the hunting area;
(b) in a location other than the hunting area, had its edible portions removed from its carcass and then been frozen, made into sausage, cooked, dried, canned or smoked; or
(c) been mounted for taxidermy. (préparé)

Wildlife Habitat Canada

means the corporation without share capital incorporated under Part II of the Canada Corporations Act by letters patent dated February 24, 1984, and continued in accordance with subsection 297(1) of the Canada Not-for-profit Corporations Act on July 11, 2014. (Habitat faunique Canada)

Definitions — Act and Regulations

(2) The following definitions apply in the Act and in these Regulations.

buy: includes offering to buy. (acheter)
exchange: includes offering to exchange, bartering and offering to barter. (échanger)
sell: includes offering for sale and exposing for sale. (vendre)

Definition of commercial transaction

(3) For the purposes of the Act, commercial transaction includes renting and offering to rent.

Benefits

(4) For the purposes of these Regulations, any gift for which the giver receives any benefit, including a tax benefit, is considered a sale.

Period

(5) In these Regulations, unless otherwise specified, where a period of time is set out, the period shall not exceed 12 months from beginning to end.

Application

Migratory birds

2 These Regulations apply in respect of migratory game birds, migratory insectivorous birds and migratory non-game birds referred to in the Convention, but do not apply to any such birds raised in captivity that can readily be distinguished from wild migratory birds by their size, shape or plumage.

Canadian waters

3 Any provision of these Regulations that applies to a province, or any part of a province, applies to Canadian waters adjacent to that province or that part of that province.

PART 1
General

Application

Scope

4 This Part sets out general rules in respect of migratory birds. These rules also apply, unless otherwise stated, to activities and permits referred to in Parts 2 to 4.

Prohibitions

Prohibitions

5 (1) A person must not engage in any of the following activities unless they have a permit that authorizes them to do so or they are authorized by these Regulations to do so:

(a) capture, kill, take, injure or harass a migratory bird or attempt to do so;
(b) destroy, take or disturb an egg; and
(c) damage, destroy, remove or disturb a nest, nest shelter, eider duck shelter or duck box.

Exceptions

(2) However, the following may be damaged, destroyed, removed or disturbed without a permit:

(a) a nest shelter, eider duck shelter or duck box that does not contain a live bird or a viable egg;
(b) a nest that was built by a species that is not listed in a Table to Schedule 1 if that nest does not contain a live bird or a viable egg; and
(c) a nest that was built by a species that is listed in a Table to Schedule 1 if the following conditions are met:
- (i) the person who damages, destroys, removes or disturbs that nest provided a written notice to the Minister a number of months beforehand that corresponds to the number of months set out in column 3 of the relevant Table to that Schedule for the species, and
- (ii) the nest has not been used by migratory birds since the notice was received by the Minister.

Prohibition — baiting

6 (1) A person must not deposit bait in an area set out in Schedule 3 during the period beginning 14 days before the first day of the first open season after July 1 of a calendar year for the area and ending on the last day of the last open season before July 1 of the following year for that area.

Exception — authorization

(2) Despite subsection (1), a person may deposit bait in a place if, at least 30 days prior to depositing the bait, they

(a) obtain, with respect to a given period, the consent in writing of
- (i) every landowner, lessee, tenant and occupant whose land is located within 400 m of that place,
- (ii) the Minister, and
- (iii) the chief provincial wildlife officer or a provincial game officer who is authorized by that chief provincial wildlife officer to give the consent; and
(b) post at locations that are 400 m from the place bait is deposited signs whose type and wording comply with the Minister’s instructions.

Exception — banding

(3) Despite subsections (1) and (2), a holder of a scientific permit may, at any time and in any place, deposit bait for the purpose of banding birds.

Exception — other scientific purposes

(4) Despite subsections (1) and (2), a holder of a scientific permit or their nominee may, at any time, deposit bait within the confined location specified in the permit, for scientific purposes other than banding.

Sign

(5) A person who engages in baiting in accordance with subsection (3) or (4) must post a sign at the place where bait is deposited that is of a type and wording specified in the permit and that indicates the number of the scientific permit.

Lure crop and lure station areas

7 (1) A person must not enter a lure crop area or a lure station area unless authorized in writing by the chief provincial wildlife officer or the Minister.

Prohibition on hunting

(2) A person must not hunt a migratory game bird in a lure crop area or a lure station area unless the area has been declared open for hunting by the chief provincial wildlife officer or the Minister.

Signs related to prohibited activities

8 (1) A person must not destroy, damage, alter or remove a sign whose purpose is to prevent an activity referred to in subsection 5(1) and that is lawfully erected by or under the authority of the Minister or a game officer.

Signs related to bait

(2) A person must not destroy, damage, alter or remove a sign that has been placed in accordance with paragraph 6(2)(b) or subparagraph 61(2)(d)(i) or 62(2)(d)(i) or that designates a lure crop area or a lure station area.

Foreign species

9 A person must not introduce into Canada for the purpose of sport, acclimatization or release from captivity a species of migratory bird that is not indigenous to Canada except with the consent in writing of the Minister.

Possession of birds and nests

10 (1) A person may have in their possession, for the purpose of shipping, a migratory bird that was killed, captured or taken in accordance with these Regulations or a nest that was removed in accordance with these Regulations.

Shipping of birds and nests

(2) A person who has in their possession a migratory bird or a nest under subsection (1) must ensure that it is packaged and that the exterior of the package is clearly marked with

(a) the number of any permit under which the bird was killed, captured or taken or the nest was removed;
(b) the full name and contact information of the permit holder and of the current owner of the bird or nest; and
(c) an accurate statement of the contents of the package.

Temporary Possession

Possession without permit

11 (1) A person may, without a permit, temporarily have in their possession

(a) a migratory bird that is found dead, for the purpose of disposing of it according to applicable law, delivering it to a lab for analysis as soon as the circumstances permit or analyzing it in a lab;
(b) an injured migratory bird, for the purpose of delivering it as soon as the circumstances permit to the holder of a scientific permit referred to in section 75 that was issued for the purpose of rehabilitation; and
(c) an uninjured migratory bird that faces an immediate threat to its life, for the purpose of temporarily providing assistance to it.

Non-application to eggs

(2) Subsection (1) does not apply to eggs.

Permits

Issuance by Minister

12 (1) The Minister may issue the following permits:

(a) a migratory game bird hunting permit referred to in section 30;
(b) the following damage or danger permits:
- (i) a scaring or killing permit referred to in section 65,
- (ii) an egg or nest destruction permit referred to in section 70,
- (iii) a relocation permit referred to in section 71; and
(c) an airport permit referred to in section 72;
(d) a scientific permit referred to in section 75;
(e) an aviculture permit referred to in section 76;
(f) a taxidermist permit referred to in section 77;
(g) an eiderdown commerce permit referred to in section 80; and
(h) a charity permit referred to in section 82.

Application for permit

(2) A person who applies for a permit referred to in subsection (1) must

(a) subject to subsection 32(1), pay the fee set out in column 2 of Schedule 2 for that permit, if any; and
(b) provide the Minister with all the information that the Minister may require respecting the purpose for which the permit is to be used.

Conditions

13 (1) The Minister may set out in a permit conditions respecting

(a) the species of migratory birds the permitted activity relates to and the periods of time and the areas in which the permitted activity can take place;
(b) the care, release, scaring, capture, killing or disposal of migratory birds;
(c) the taking, relocation, handling and disposal of eggs;
(d) the removal, relocation, handling and disposal of nests; and
(e) the maintenance of records and provision of information to the Minister with respect to activities conducted in accordance with the permit.

Gift of migratory bird

(2) Every permit is subject to the condition that the holder must not give away a migratory bird that is obtained under the permit and that is of a species listed in Schedule 1 to the Species at Risk Act unless the Minister indicates on the permit that such a gift is authorized.

Use of feathers

(3) Every permit is subject to the condition that the holder must not do the following with migratory bird feathers obtained under the permit:

(a) sell or exchange them for ornamental use or hat-making; or
(b) give them for ornamental use or hat-making unless the recipient of the gift may exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982 to use the feather in that way.

Invalidity

14 No permit is valid

(a) if it is not signed by the individual to whom it is issued or, if it is not issued to an individual, by a representative of the person to whom it is issued;
(b) after it is cancelled or during the period it is suspended, unless it is reissued in accordance with subsection 15(3); or
(c) after it expires in accordance with section 16 or 33.

Powers of the Minister — permits

15 (1) The Minister may

(a) refuse to issue a permit to any person;
(b) cancel a permit if the Minister has reasonable cause to believe that the person to whom it was issued has provided false, misleading or incomplete information to the Minister or failed to comply with any condition of the permit; or
(c) cancel, amend or suspend any permit for the purposes of the conservation or propagation of migratory birds.

Notice

(2) A cancellation, amendment or suspension of a permit under paragraph (1)(c) is effected by sending a written notice to the person to whom the permit was issued that includes the reasons for the decision.

Cancellation, amendment or suspension of permit

(3) A permit that is cancelled, amended or suspended under paragraph (1)(c) must be reissued

(a) if the circumstances which led to the cancellation, amendment or suspension are rectified; or
(b) if the person to whom the permit was issued is not provided with the opportunity to be heard within 30 days after the date of the cancellation, amendment or suspension.

Expiry

16 Every permit, other than a migratory game bird hunting permit referred to in section 30, expires on the expiry date set out in the permit or, if a permit does not contain an expiry date, on December 31 of the year in which it was issued.

Reports

17 Every person to whom a permit was issued and who is required by these Regulations to submit a report to the Minister must, except as otherwise provided in these Regulations, submit that report within 30 days of the day on which the permit expires.

Gift of feathers — permit

18 (1) Subject to paragraph 13(3)(b), a person who has in their possession migratory bird feathers, other than eiderdown, under a permit may give those feathers to another person for educational, social, cultural or spiritual purposes.

Possession

(2) A recipient of a gift of feathers that were obtained under subsection (1) has the right to have the feathers in their possession.

Powers of the Minister to Vary the Application of the Regulations

Periods or limits

19 (1) If the Minister considers it necessary for the conservation of migratory game birds or murres, the Minister may take one or more of the following measures to vary the application of these Regulations in an area referred to in Schedule 3:

(a) alter open seasons, daily bag limits, or possession limits in the area; and
(b) prohibit hunting of a species of migratory game bird or murre in the area.

Restriction — varying section 21

(2) However, the Minister must not use the power referred to in subsection (1) to require that individuals exercising a right referred to in section 21 hunt only during an open season, to impose a daily bag limit or possession limit on those individuals or to prohibit them from hunting a species of migratory game bird or murre unless using the power with respect to the holders of the migratory game bird hunting permits referred to in section 30 is insufficient to achieve the conservation of those migratory game birds or murres.

Power with respect to section 52

(3) If the Minister exercises the power referred to in subsection (1) in accordance with subsection (2), the Minister may vary the application of section 52 to have it also apply to migratory game birds or murres killed or taken as an exercise of a right referred to in section 21.

Notice

(4) If the Minister uses the power referred to in subsection (1) or (3), the Minister must post a notice that describes the way the application of these Regulations is varied on a Government of Canada website.

Duration

(5) The application of these Regulations is varied during the period beginning on the day on which the notice is posted and ending on July 31 next following that day or on any earlier date fixed by the Minister.

Prohibition

(6) If the Minister has altered the open season, the daily bag limit or the possession limit in accordance with paragraph (1)(a), a person must not, during the period referred to in subsection (5), as the case may be,

(a) hunt except during the open season established by the Minister;
(b) kill or take, in any one day, a number of migratory game birds or murres of any species or group of species that exceeds the daily bag limit established by the Minister; or
(c) have in their possession a number of migratory game birds or murres of any species or group of species in excess of the possession limit established by the Minister.

Prohibition — hunting in an area

(7) If the Minister has prohibited the hunting of a species of migratory game bird or murre in an area in accordance with paragraph (1)(b), a person must not hunt that species in that area during the period referred to in subsection (5).

Urgent action

20 (1) The Minister may vary or suspend the application of these Regulations in a given location if urgent action is needed and if the Minister considers it necessary for the conservation of migratory birds.

Notice

(2) The Minister must, on a Government of Canada website, post a notice indicating the ways in which the application of these Regulations is varied or suspended and the location in which their application is varied or suspended.

Duration of suspension

(3) The application of these Regulations is varied or suspended during the period beginning on the day on which the notice is posted until the first anniversary of that day or any earlier date fixed by the Minister.

Section 35 of the Constitution Act, 1982

Hunting and harvesting

21 (1) An individual exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982 to hunt migratory birds and harvest their eggs may exercise those rights without a permit and without being subject to a limit as to open seasons, a daily bag limit or a possession limit.

Inuvialuit

(2) Beneficiaries of the Inuvialuit Final Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act may, within the Inuvialuit Settlement Region, as defined in section 2 of that Agreement, hunt and harvest migratory birds without a permit and without being subject to a limit as to open seasons, a daily bag limit or a possession limit.

Right to exchange

22 (1) An individual exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982 to exchange a migratory bird with another individual who may exercise such a right is authorized to do so.

Gift for taxidermy, consumption or training

(2) An individual who has in their possession a migratory game bird under a right recognized and affirmed by section 35 of the Constitution Act, 1982 may give it to another person for the purpose of taxidermy, human consumption (including for charitable purposes) or training dogs as retrievers.

Gift to charity permit holder

(3) However, the individual must preserve a migratory game bird before giving it to the holder of a charity permit.

Possession

(4) Subject to the limits on the possession of migratory game birds set out in section 46 or subsection 51(1), the recipient of such a gift has the right to have it in their possession.

Gift, sale or exchange of feathers

23 (1) An individual who has in their possession migratory bird feathers under a right recognized and affirmed by section 35 of the Constitution Act, 1982 may

(a) give, sell or exchange those feathers for a functional purpose; and
(b) give those feathers to another person for educational, social, cultural or spiritual purposes.

Buying and possession

(2) A person may

(a) buy feathers that are sold in accordance with paragraph (1)(a) or exchange things for feathers that are exchanged in accordance with that paragraph; and
(b) have in their possession any feathers obtained in accordance with subsection (1).

Restriction

(3) This section does not authorize giving, selling or exchanging feathers for ornamental or hat-making purposes, unless the person who obtains the feathers may exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982 to use the feathers for such purposes.

Rights held by a collectivity

24 In these Regulations, a requirement to record the number of a permit under which an activity is authorized is, for an individual who is engaging in that activity as an exercise of a right referred to in section 21 or 22, a requirement to record the name of the collectivity holding that right.

PART 2
Hunting Migratory Game Birds

Application

Scope

25 This Part applies to the hunting and subsequent possession of migratory game birds. Unless otherwise indicated, it does not apply to activities that are authorized by

(a) a migratory game bird hunting permit referred to in section 30 and described in Part 3; or
(b) permits other than a migratory game bird hunting permit.

Migratory game birds including murres

26 For the purposes of this Part, except as otherwise indicated, migratory game birds includes murres.

Prohibitions

Unauthorized hunting

27 (1) A person must not hunt migratory game birds unless authorized by these Regulations.

General hunting licence

(2) Subject to the laws of the territory in which the hunt takes place, the holder of a general hunting licence referred to in the Wildlife Act of the Northwest Territories, S.N.W.T. 2013, c. 30, or the Wildlife Act of Nunavut, S.Nu. 2003, c. 26, as those Acts are amended from time to time, may, within the relevant territory, without a migratory game bird hunting permit, hunt migratory game birds and have in their possession the birds they have hunted.

Hunting out of season

28 (1) A person must not hunt a species of migratory game bird in an area referred to in Schedule 3 except during the period beginning on the first day of any open season for that area and that species and ending on the last day of that season.

Open season on certain land

(2) If column 4 of Table 1 or Table 2 of any Part of Schedule 3 indicates that an open season applies only on certain land in an area set out in column 1, a person must not hunt a species of migratory game bird set out in column 2 during the open season except on that land.

Hours hunting is prohibited

(3) A person must not hunt a migratory game bird

(a) north of 60° north latitude during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day; or
(b) south of 60° north latitude during the period commencing half an hour after sunset on any day and ending half an hour before sunrise on the next day unless otherwise specified in Schedule 3.

Restrictions with respect to Sandhill Cranes

29 If, in any calendar year, the Minister or chief provincial wildlife officer has reasonable cause to believe that Whooping Crane may be in any area in the province during the open season for Sandhill Crane in the area, the Minister or chief provincial wildlife officer may prohibit the hunting of Sandhill Crane in that area during the remainder of the calendar year.

Migratory Game Bird Hunting Permit

Hunting for human consumption

30 (1) A migratory game bird hunting permit allows the holder to hunt, primarily for human consumption, migratory game birds other than eggs and to have in their possession the birds they hunted.

Exception — murres

(2) A migratory game bird hunting permit does not allow its holder to hunt a murre or to have one in their possession unless they are a resident of Newfoundland and Labrador, as defined in section 2 of the Wild Life Act of Newfoundland and Labrador, R.S.N.L. 1990, c. W-8.

Habitat conservation stamp

31 (1) A person must not hunt migratory game birds under a migratory game bird hunting permit unless a habitat conservation stamp that is authorized by the Minister appears on the permit.

Fee for stamp

(2) Subject to subsection 32(1), a person who applies for a migratory game bird hunting permit set out in item 1, column 1, of Schedule 2 must also pay the fee for the habitat conservation stamp set out in item 9, column 2 of Schedule 2.

Validity

(3) The habitat conservation stamp is valid for the period of validity of the permit on which it appears.

Hunting by minors

32 (1) Minors may obtain a migratory game bird hunting permit set out in item 1, column 1, of Schedule 2 without paying the fee set out in column 2 and may obtain a habitat conservation stamp without paying the fee set out in item 9, column 2 of that Schedule.

Must be accompanied

(2) A minor who holds a permit referred to in subsection (1) must not hunt migratory game birds unless they are accompanied by an individual who

(a) is the holder of a migratory game bird hunting permit;
(b) has held such a permit in a previous year; and
(c) is not a minor.

Number of minors accompanied

(3) The accompanying individual must not accompany at any one time more than two minors who hold a permit referred to in subsection (1).

Permit expiry

33 A migratory game bird hunting permit expires on June 30 following the date of issue.

Obligation to have permit on person

34 (1) The holder of a migratory game bird hunting permit must have the permit on their person while they are

(a) hunting; or
(b) in a place other than their primary or habitual residence and in possession of a migratory game bird that is not preserved, or any murre, that was hunted under the permit.

Must show permit

(2) The permit holder must show the permit to a game officer immediately on request.

Invalidity of permit after guilty finding

35 (1) Subject to any court order made under subsection 16(1) of the Act or a decision made by the Minister under section 18.22 of the Act, a migratory game bird hunting permit ceases to be valid when its holder is found guilty of an offence under the Act, other than an offence resulting from the contravention of

(a) section 5.1 of the Act;
(b) sections 9 or 34, subsection 48(2), section 78, subsection 79(1) or (2) or section 81 of these Regulations; or
(c) the following provisions, if the offence is in respect of migratory birds or their eggs that are used for avicultural purposes:
- (i) section 5 of the Act, or
- (ii) paragraph 5(1)(a) or subsection 76(3), (4) or (7) of these Regulations.

Prohibition — application for permit

(2) Subject to any court order made under subsection 16(1) of the Act, a person who has been found guilty of an offence under the Act other than an offence referred to in paragraphs (1)(a) to (c) must not, during a 12-month period beginning on the day that guilty finding is made, apply for a migratory game bird hunting permit unless they have first obtained the Minister’s permission to do so.

Hunting Methods and Equipment

Prohibition – hunting where baiting has occurred

36 (1) A person must not hunt for migratory game birds within a radius of 400 m from any place where bait has been deposited unless the place has been free of bait for at least seven days or the bait was deposited in accordance with subsection 6(3) or (4) or an aviculture permit.

Clarification

(2) For the purpose of subsection (1), the following areas are not considered areas where bait has been deposited:

(a) an area of standing crops, whether or not it is flooded;
(b) an area of harvested cropland that is flooded;
(c) an area where crops have been harvested and placed in upright sheaves for drying in a field where they grew; and
(d) an area where grain is scattered solely as a result of normal agricultural or harvesting operations.

Authorized weapons

37 (1) A person must not hunt migratory game birds except with

(a) a bow that has a minimum draw weight of 18 kg and an arrow with a broadhead that has at least two sharp blades and is a minimum of 22 mm wide;
(b) a crossbow that has a minimum draw weight of 45 kg and a bolt with a broadhead that has at least two sharp blades and is a minimum of 22 mm wide; or
(c) a shotgun not larger than number 10 gauge that either
- (i) is designed to be capable of holding no more than three cartridges, or
- (ii) has had its capacity reduced to three cartridges in the magazine and chamber combined, by means of the cutting off or the altering or plugging of the magazine with a one-piece metal, plastic or wood filler that cannot be removed unless the gun is disassembled.

Prohibition — cartridges and detachable magazine

(2) A person must not, while hunting migratory game birds, have in their possession in the hunting area

(a) a shotgun that is holding more than three cartridges; or
(b) a detachable magazine capable of holding more than two cartridges.

Prohibition — possession of shotguns

(3) A person must not, while hunting migratory game birds, have in their possession in the hunting area

(a) more than one shotgun, unless each additional shotgun is unloaded and either disassembled or kept in a closed case; or
(b) a shotgun other than one referred to in paragraph (1)(c).

Prohibition — single projectile

(4) A person must not hunt a migratory game bird using a shotgun loaded with a cartridge containing a single projectile.

Exception

(5) Despite subsection (1), paragraph (3)(b) and subsection (4), a person may, in the following circumstances, hunt a migratory game bird using a rifle of a calibre of not more than 0.22 inches or a shotgun loaded with a cartridge containing a single projectile and have such a rifle or shotgun in their possession in the hunting area:

(a) the migratory game bird is hunted in a location that is in the Northwest Territories by a resident of that territory who may hunt migratory game birds in that location without a migratory game bird hunting permit referred to in section 30; or
(b) the migratory game bird is hunted in a location that is in Quebec and north of 50° north latitude by a resident of that province who may hunt migratory game birds in that location without a migratory game bird hunting permit referred to in section 30.

Non-toxic shot

38 (1) A person must not hunt a migratory game bird

(a) while having in their possession in the hunting area shot other than non-toxic shot; or
(b) using shot other than non-toxic shot.

Exception for certain species

(2) Subsection (1) does not apply to hunting American Woodcock, Band-tailed Pigeon, Murres or Eurasian Collared-Dove.

Exception — Mourning Dove

(3) Subsection (1) does not apply to hunting Mourning Dove in British Columbia.

Definition — non-toxic shot

(4) For the purpose of this section, non-toxic shot means any shot composed, by weight, of

(a) up to 100% iron, tungsten, tin or bismuth, alone or in any combination of those substances;
(b) not more than 45% copper;
(c) not more than 40% nickel;
(d) not more than 7% Nylon 6, Nylon 11 or ethylene methacrylic acid copolymer, alone or any combination of those substances; and
(e) not more than 1% all other substances combined.

Prohibition — birds and electronic bird calls

39 (1) A person must not hunt a migratory game bird using

(a) live birds, including non-migratory birds; or
(b) electronic bird calls, except in an area that is set out in column 1 of Table 2 in the relevant Part of Schedule 3 for which the use of an electronic bird call is set out in column 6.

Exception — use of raptors

(2) Despite paragraph (1)(a), migratory game birds may be hunted using raptors in any area of a province that is designated by the province as an area in which a person may hunt using raptors.

Vehicles

Prohibition — aircraft and motorized land vehicles

40 (1) Subject to subsection (2), a person must not hunt a migratory game bird from or using an aircraft or a motorized land vehicle.

Exception — mobility-impaired person

(2) However, a mobility-impaired person is permitted to hunt from an aircraft or motorized land vehicle if they are stationary.

Definition — mobility-impaired person

(3) For the purpose of subsection (2), a mobility-impaired person is an individual who

(a) if the hunting occurs in a province with laws allowing mobility-impaired persons to hunt from a stationary vehicle, is authorized to do so under those laws; or
(b) if the province has no such laws, holds a medical certificate that
- (i) is signed by a medical practitioner lawfully entitled to practise medicine in any province,
- (ii) attests that the individual’s mobility impairment is due to a condition that is not temporary and that severely limits the use of their legs, including being paraplegic, being hemiplegic, being dependent on a wheelchair to move about, having prostheses on both legs or having a leg amputated above the knee, and
- (iii) attests that the medical practitioner has no medical reason to believe that the individual is incapable of competently operating the weapon that they use to hunt.

Prohibition — moving boats

41 (1) Subject to subsection (2), a person must not hunt a migratory game bird from or using a moving boat that is equipped with a motor or a sail.

Exception — murres

(2) An individual who is authorized to hunt murres may do so from any moving boat.

Clarification — retrieval

(3) For greater certainty, subsection (1) does not apply to the retrieval of a migratory game bird once it is legally killed or wounded.

Moving

(4) For the purpose of this section, a boat is considered to be moving if it continues to move because of motion that was imparted by its motor or its sails.

Retrieving Migratory Game Birds

Means for retrieval

42 (1) A person must not hunt migratory game birds unless they have adequate means at their immediate disposal for retrieving any such bird that they kill or injure.

Prompt retrieval of killed bird

(2) An individual who kills a migratory game bird must ensure that the bird is retrieved as soon as the circumstances permit.

Prompt retrieval of wounded bird

(3) An individual who wounds a migratory game bird must ensure that the bird is killed and retrieved as soon as the circumstances permit.

Daily Bag Limits

Prohibition

43 (1) Subject to subsection (2), a person must not in any area kill or take, in any one day, a number of migratory game birds of any species or group of species that exceeds the daily bag limit in that area for that species or group of species as set out in column 5 of Table 1 or, if applicable, of Table 2 of any Part of Schedule 3.

Hunting in multiple areas

(2) For an individual who hunts in more than one area set out in Table 1 or, if applicable, in Table 2 of one or more Parts of Schedule 3 in a single day, the limit in subsection (1) is the highest daily bag limit of all of the areas in which the individual hunts on that day.

Birds found dead or wounded

(3) For the purpose of subsection (1), a bird that is found dead and taken or found wounded, killed and taken must be included in the daily bag limit of the migratory game bird hunting permit holder who accepts to keep it, whether or not that permit holder hunted that bird.

Prohibition — daily bag limit reached

44 A person must not hunt migratory game birds of a given species once they have, on any given day, killed or taken the number of birds of that species or group of species that is referred to in section 43.

Possession

Fully-feathered wing or head

45 A migratory game bird that is eviscerated and plucked in accordance with paragraph (a) of the definition preserved in subsection 1(1) must continue to have a fully feathered wing or the fully feathered head attached until the migratory game bird is being frozen, made into sausage, cooked, dried, canned or smoked as described in that paragraph.

Possession limit

46 (1) Subject to subsection (3), a person must not have in their possession in any area at any time, a number of migratory game birds of a given species or group of species that were killed or taken under a migratory game bird hunting permit and that are not preserved that is in excess of the possession limit for that area and the species or group of species set out in column 3 of Table 1 or, if applicable, of Table 2 of any Part of Schedule 3.

Possession limit for murres

(2) A person must not have in their possession in any area at any time, a number of murres that were killed or taken under a migratory game bird hunting permit that is in excess of the possession limit for murres for that area.

Exception — multiple areas

(3) For an individual who has in their possession migratory game birds that are not preserved, or any murres, that were hunted in one or more areas set out in Table 1 or, if applicable, in Table 2 of one or more Parts of Schedule 3, other than the one in which the individual is located, the possession limit that applies for the purposes of subsection (1) or (2) is the greater of the possession limit for the area in which the birds were hunted and the possession limit for the area in which the individual is located.

Birds from other provinces

(4) Subsection (3) does not apply to an individual who hunted in an area that is in a province other than the one in which they are located unless they have on their person proof that they are authorized to hunt under provincial law in the area where the bird was hunted.

Gift of birds

(5) For the purposes of subsection (1) or (2), a migratory game bird that is not preserved, or any murre, that is given is counted towards the possession limit of the recipient of the gift once they accept it.

No longer counted

47 A migratory game bird is no longer counted towards an individual’s possession limit referred to in subsection 46(1) or (2) when they

(a) give it to another person, if the gift is accepted in accordance with subsection 46(5); or
(b) in the case of a migratory bird that is not a murre, preserve it.

Temporary third-party possession

48 (1) Any person may temporarily have in their possession a migratory game bird on behalf of the owner.

Exception

(2) However, a person must not temporarily have in their possession a migratory game bird for the purpose of performing taxidermy for profit unless they hold a taxidermist permit.

Murre or unpreserved game bird

49 (1) For the purposes of section 46, a migratory game bird that is not preserved, or any murre, that is possessed under subsection 48(1) counts towards the owner’s possession limit, and not towards the possession limit of the person who temporarily has it in their possession.

Restriction respecting murres

(2) The number of unpreserved murres that belong to other persons that a person temporarily has in their possession must not be greater than twice the daily bag limit referred to in section 43.

Prohibition — transfer of possession

50 (1) A person who kills or takes a migratory game bird must not allow it to enter the possession, including the temporary possession, of another person unless it is labelled or preserved.

Labelling obligation of possessor

(2) A person who has in their possession a migratory game bird that is not preserved and that was taken under a migratory game bird hunting permit referred to in section 30 or as an exercise of a right referred to in section 21 must ensure that it is labelled unless that person took that bird themselves.

Exception

(3) Subsections (1) and (2) do not apply if the bird was killed or taken by an individual who is exercising a right referred to in section 21 and the recipient may also exercise such a right.

Individual or group labelling

(4) For the purposes of subsections (1) and (2), a bird is considered to be labelled if a label is attached to it or if it is a part of a group of birds labelled in accordance with subsection (6).

Label requirements

(5) The label must

(a) indicate
- (i) the full name and contact information of the individual who took the bird,
- (ii) the date the bird was taken, and
- (iii) the number of the migratory game bird hunting permit under which the bird was taken; and
(b) be signed by the individual who took the bird.

Group labelling

(6) Migratory game birds may be labelled as a group by packaging unlabelled birds in a package that is labelled or that contains a labelled bird, if the label satisfies the requirements set out in subsection (5) in respect of each bird.

Training retriever dogs

51 (1) Section 46 does not apply to a person who is registered as a dog trainer with the Minister and who has in their possession migratory game birds, other than murres, for the purpose of training dogs as retrievers. However, the person must not have in their possession more than 200 migratory game birds that are not preserved and that were taken under a right recognized and affirmed by section 35 of the Constitution Act, 1982, a migratory game bird hunting permit referred to in section 30, a provincial killing permit that is referred to in section 64 or a scaring or killing permit that is referred to in section 65.

Exception — species at risk

(2) However, the registered person must not have in their possession a migratory game bird that is of a species listed in Schedule 1 to the Species at Risk Act.

Location of storage

(3) The registered person must store the migratory game birds in the location specified to the Minister at the time of registration, except when they are being used for dog training.

Expiry

(4) The registration expires on July 31 next following the date of registration.

Records

(5) A registered person must keep records showing, in respect of the dead migratory game birds in their possession,

(a) the name of each species and the number of birds belonging to each species; and
(b) the full name and contact information of the individual who took each migratory game bird and the number of the permit under which it was taken.

Exception — labelling

(6) Subsection 50(1) does not apply in respect of a gift to a registered person and subsection 50(2) does not apply to such a person.

Fully feathered wing or head

52 (1) A person must not have in their possession or transport a migratory game bird that is not preserved and that was killed or taken under a migratory game bird hunting permit referred to in section 30 unless at least one fully feathered wing or the fully feathered head is attached to the bird to allow its species to be identified.

Identification of species

(2) The possessor or transporter of the migratory game birds referred to in subsection (1) must store them in a manner which allows each bird to be counted and its species to be identified.

Feathers

53 (1) The holder of a migratory game bird hunting permit may give, sell or exchange the feathers of a migratory game bird that they have in their possession under that permit for a functional purpose.

Buying and possession

(2) Any person may

(a) buy feathers that are sold in accordance with subsection (1) or exchange things for feathers that are exchanged in accordance with that subsection; and
(b) have in their possession any feathers obtained in accordance with subsection (1).

Gift for taxidermy, consumption or training

54 (1) An individual who hunts a migratory game bird under a migratory game bird hunting permit may give the bird to another person for the purpose of taxidermy, human consumption (including for charitable purposes) or training dogs as retrievers.

Gift to charity permit holder

(2) However, the individual must preserve a migratory game bird before giving it to the holder of a charity permit.

Possession

(3) Subject to the limits on the possession of migratory game birds set out in section 46 or subsection 51(1) the recipient of such a gift has the right to have it in their possession.

Prohibition — abandoning

55 (1) A person who has in their possession a migratory game bird whose meat is fit for human consumption must not allow the meat

(a) subject to subsection 9(4) of the Act, to be abandoned; or
(b) to become inedible for humans.

Gift

(2) Subsection (1) applies to a person who offers to give the migratory game bird to another person until that gift is accepted by that other person.

Exception

(3) Subsection (1) does not apply in respect of a migratory game bird that is used for taxidermy or for training dogs as retrievers.

Private conveyance

56 Sections 10 and 50 do not apply to an individual who is transporting a migratory game bird on board a private conveyance if the bird was hunted legally by an individual who is in the private conveyance.

PART 3
Overabundance, Damage and Danger

Interpretation

Definition of resident

57 For the purposes of this Part, resident means, in relation to a province, an individual whose primary or habitual residence is in that province.

Application

Scope

58 This Part applies to the management of migratory birds for the purpose of reducing the danger that they are causing or are likely to cause to human health or public safety or the damage they are causing or are likely to cause to agricultural, environmental or other interests.

Overabundant Species

Permit

59 (1) A migratory game bird hunting permit referred to in section 30 allows the permit holder to kill, take and have in their possession birds of an overabundant species, but not the eggs of such birds.

Areas and periods

(2) Subsection (1) only permits birds to be killed in the areas set out in column 1 of Table 2 of any Part of Schedule 3 and during the open seasons set out in column 4.

Part 2 provisions that apply

60 (1) Sections 28, 31, 32, 34, 38 and 42 to 56 apply to an individual who kills a bird of an overabundant species.

Methods and equipment

(2) Subject to sections 61 and 62, the prohibitions on hunting methods and equipment set out in sections 36, 37 and 39 to 41 apply to an individual who kills a bird of an overabundant species, unless the bird is killed in an area set out in column 1 of Table 2 in the appropriate Part of Schedule 3 during an open season set out in column 4 for which that hunting method or equipment is set out in column 6.

Hunting using electronic calls

(3) Despite section 39, an individual who is attempting to kill birds of an overabundant species using electronic bird calls of that species set out in column 6 of Table 2 of the appropriate Part of Schedule 3 during the open season set out in column 4 may, in an area set out in column 1, hunt migratory game birds of a species of migratory game birds that is not overabundant for which it is the open season.

Depositing bait in spring — Quebec

61 (1) The prohibition on hunting using bait set out in section 36 applies to an individual who kills migratory game birds of an overabundant species, unless the killing takes place on a parcel of land in an area of Quebec set out in column 1 of Table 2 of Part 5 of Schedule 3 for which the method and equipment set out in column 6 indicate that killing using bait is permitted during the open season set out in column 4 and, at least 30 days before the bait is deposited, the Minister consents in writing to the depositing of bait and the killing of birds of an overabundant species as set out in column 2 on that parcel of land.

Conditions

(2) The Minister may give the consent referred to in subsection (1) if the Minister is provided with the following documents and information:

(a) letters of agreement, signed by the holder of a migratory game bird hunting permit and by the owners, lessees, tenants and occupants of the parcel of land on which the bait is to be deposited, in which those owners, lessees, tenants and occupants give their consent to the killing of birds by hunting on the parcel of land during the period set out in the letters and to the depositing of bait on the parcel of land for that purpose;
(b) a map of the parcel of land that clearly indicates its location and dimensions and the places where bait is to be deposited;
(c) information that specifies the type of crop that is being or was most recently grown on the parcel of land, if any; and
(d) an undertaking in writing from the permit holder referred to in paragraph (a) that they will
- (i) ensure that, before bait is deposited on the parcel of land, signs whose type and wording comply with the Minister’s instructions are posted in locations that are satisfactory to the Minister,
- (ii) ensure that at least 1 000 kg of bait is deposited on the parcel of land, and
- (iii) provide the Minister, within 21 days after the end of the open season set out in column 4 of Table 2 of Part 5 of Schedule 3 during which the killing took place, with a written report specifying the days on which the killing took place, the number of migratory game bird hunting permit holders involved and the number of birds of each species set out in column 2 that were killed on each day.

Withdrawal of consent

(3) The Minister may withdraw the consent if the permit holder fails to comply with an undertaking described in subparagraph (2)(d)(i) or (ii).

Killing near cut crops in fall — Quebec

62 (1) The prohibition set out in section 36 applies to an individual who kills birds of an overabundant species of migratory game birds in Quebec unless

(a) the bird is killed in an area referred to in column 1 of Table 2 of Part 5 of Schedule 3 for which killing using bait is set out in column 6;
(b) the bait that has been deposited is crops that are cut and left on the ground; and
(c) at least 30 days before the birds are killed, the Minister consented in writing to the killing of birds of that overabundant species within a radius of 400 m from the place where the bait has been deposited.

Conditions

(2) The Minister may give the consent referred to in paragraph (1)(c) if the Minister is provided with the following documents and information:

(a) letters of agreement, signed by the holder of a migratory game bird hunting permit and by the owners, lessees, tenants and occupants of the land within a radius of 400 m of the place where crops are cut and left on the ground in which those owners, lessees, tenants and occupants indicate that they are aware that hunting migratory game birds, other than birds of an overabundant species, is prohibited within the radius and give their consent to the killing of birds by hunting of an overabundant species within that radius during the period set out in the letters;
(b) a map of the place where crops are cut and left on the ground that clearly indicates its location and dimensions;
(c) the type of crop that is being cut and left on the ground; and
(d) an undertaking in writing from the permit holder referred to in paragraph (a) that they will
- (i) ensure that, before birds are killed within that radius, signs whose type and wording comply with the Minister’s instructions are posted in locations that are satisfactory to the Minister, and
- (ii) provide the Minister, within 21 days after the end of the open season set out in column 4 of Table 2 of Part 5 of Schedule 3, with a written report specifying the days on which birds were killed, the number of hunters involved and the number of birds of each species set out in column 2 of that Table that were killed on each day.

Withdrawal of consent

(3) The Minister may withdraw the consent if the permit holder fails to comply with the undertaking described in subparagraph (2)(d)(i).

Birds Causing Damage or Danger

Scaring birds

63 (1) Despite the prohibition on harassing a migratory bird set out in paragraph 5(1)(a), a person may, without a permit, use equipment other than an aircraft or firearms to scare migratory birds that are causing or are likely to cause danger to human health or public safety or damage to agricultural, environmental or other interests.

Provincial scaring permit

(2) The chief provincial wildlife officer, with the concurrence of the Minister, may issue a permit to any resident of the province to use an aircraft or firearms, in a specified area and during a specified time, for the purpose of scaring migratory birds that are causing or likely to cause damage to crops or other property in the area.

Provincial killing permit

64 (1) If the chief provincial wildlife officer and the Minister are satisfied that scaring migratory birds is not a sufficient deterrent to prevent the birds from causing serious damage to crops or other property in a province, the chief provincial wildlife officer may issue a permit to any resident of the province to kill migratory birds of a specified species during a specified time and in a specified area.

Possession

(2) The holder of the permit referred to in subsection (1) may take and have in their possession migratory birds killed under its authority.

Cancellation

(3) The chief provincial wildlife officer may cancel a permit issued under subsection (1).

Federal scaring or killing permit

65 (1) The Minister may issue a scaring or killing permit only to an individual who owns, leases or manages a parcel of land.

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.

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.

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.

Obligations after expiry or cancellation

(5) An individual 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.

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.

Fully feathered wing or head

66 (1) A person must not have in their possession a migratory bird that is not preserved and that was killed under a provincial killing permit that is referred to in section 64 or a scaring or killing permit that is referred to in section 65 unless at least one fully feathered wing or the fully feathered head is attached to the bird to allow its species to be identified.

Identification of species

(2) The possessor or transporter of migratory birds referred to in subsection (1) must store them in a manner which allows each bird to be counted and its species to be identified.

Gift for consumption, taxidermy or training

67 (1) A permit referred to in section 64 or 65 allows its holder, subject to the conditions of the permit, to give a migratory game bird to a person for the purpose of human consumption (including for charitable purposes), taxidermy or training dogs as retrievers if

(a) the bird was killed under the permit; and
(b) the bird is of a species that may be hunted under a migratory game bird hunting permit in any area set out in column 1 of Table 1 or Table 2 of any Part of Schedule 3.

Gift to charity permit holder

(2) However, the holder of a permit referred to in subsection (1) must preserve a migratory game bird before giving it to the holder of a charity permit.

Possession

(3) Subject to the limit on the possession of unpreserved migratory game birds set out in section 46 or subsection 51(1), the recipient of such a gift has the right to have it in their possession.

Prohibition — giving without label

68 (1) An individual who kills or takes a migratory bird under a permit referred to in section 64 or 65 must not give it to a person other than the permit holder or a nominee referred to in subsection 65(3), unless it is labelled or preserved.

Prohibition — unlabelled birds

(2) A person must not have in their possession a migratory bird referred to in subsection (1) unless that person, or their nominee referred to in subsection 65(3), killed that bird themselves or the bird is labelled or preserved.

Labels on birds or groups

(3) For the purpose of subsections (1) and (2), a bird is considered to be labelled if a label is attached to it or if it is a part of a group labelled in accordance with subsection (5).

Label requirements

(4) The label must

(a) indicate
- (i) the full name and contact information of the permit holder,
- (ii) the date the bird was killed, and
- (iii) the number of the permit under which the bird was killed; and
(b) be signed by the holder of the permit under which the bird was killed.

Labelled package

(5) Migratory birds may be labelled as a group by packaging unlabelled birds in a package that is labelled or that contains a labelled bird, if the label satisfies the requirements of subsection (4) in respect of each bird.

Exception — labelling

(6) This section does not apply if the migratory bird is given to a person who is registered as a dog trainer referred to in section 51.

Prohibition

69 (1) A holder of a permit referred to in section 64 or 65 must not do any of the following:

(a) if the permit was issued to prevent damage to crops, shoot migratory birds elsewhere than on or over fields containing those crops;
(b) discharge firearms within 50 m of any body of water;
(c) use decoys or bird calls to attract migratory birds; or
(d) use blinds or other concealment.

Definition of decoy

(2) For the purposes of subsection (1), a decoy includes an artificial bird or any device that imitates the colour, shape or size of a migratory bird and that may attract migratory birds.

Permit to destroy eggs or nests

70 (1) An egg or nest destruction permit allows its holder and their nominees named in the permit to take and destroy the eggs of the species of migratory birds specified in the permit and to remove and destroy the nests of the species of migratory birds specified in the permit in an area described in that permit and subject to the conditions of that permit, and to dispose of the eggs or nests in the manner provided in the permit.

Conditions

(2) The Minister may issue an egg or nest destruction permit only if the Minister has reason to believe that the destruction of the eggs or nests is necessary to reduce or prevent the danger that migratory birds are causing or are likely to cause to human health or to public safety or the damage they are causing or are likely to cause to agricultural, environmental or other interests.

Eligible permit holder

(3) An egg or nest destruction permit may be issued only to a person who owns, leases or manages a parcel of land in the area described in the permit.

Relocation permit

71 (1) A relocation permit allows its holder or their nominees named in the permit to undertake activities for the purpose of relocating the migratory birds, eggs and nests described in the permit, in the manner set out in the permit and subject to the conditions of that permit, including

(a) the capture of migratory birds, the taking of eggs and the removal of nests in an area described in the permit;
(b) the transport of those migratory birds, eggs and nests to the other area described in the permit; and
(c) the release of those migratory birds, and the placement of those eggs and nests, in that other area.

Conditions

(2) The Minister may issue a relocation permit only if the Minister has reason to believe that

(a) the relocation of birds, eggs and nests is necessary to prevent or reduce
- (i) the danger that migratory birds are causing or are likely to cause to human health or to public safety in one or more areas, or
- (ii) the damage that migratory birds are causing or are likely to cause to the use of the land or to agricultural interests; and
(b) other means are not sufficient to prevent or reduce the danger or damage.

Eligible permit holder

(3) A relocation permit may be issued only to a person who owns, leases or manages a parcel of land in the area or areas described in the permit from which the birds are captured, the eggs are taken or the nests are removed.

Danger to Aircraft

Airport permit

72 (1) An airport permit allows its holder or their nominee, subject to the conditions of the permit, to scare migratory birds with a firearm or aircraft or to kill and take them, if those birds are within the perimeter of an airport and that person considers them to be a danger to aircraft operating at the airport.

Possession

(2) The permit holder or their nominee must not have in their possession birds killed or taken under the permit except for the purpose of disposing of them in the manner described in the permit.

Eligible permit holder

(3) The permit may only be issued to the manager of a civilian airport or to the commanding officer of a military airport.

Toxic Shot

Prohibition

73 A holder of a permit referred to in section 64, 65 or 72 must not use or have in their possession any shot other than non-toxic shot, as described in section 38, for the purpose of scaring or killing birds in accordance with the permit.

PART 4
Other Activities

Scope

74 This Part applies to the following permits:

(a) scientific permits;
(b) aviculture permits;
(c) taxidermist permits;
(d) eiderdown commerce permits; and
(e) charity permits.

Scientific permit

75 (1) A scientific permit may be issued by the Minister to a person who acts with a scientific, rehabilitation or educational purpose if the Minister is of the opinion that that person has the skills required to perform the activities for which the permit is issued.

Powers of permit holder

(2) A holder of a scientific permit may, for scientific purposes, including banding, or for rehabilitation or educational purposes, do one or more of the following activities subject to the conditions of the permit, if the activity is listed on the permit:

(a) capture, kill, injure or harass a migratory bird;
(b) destroy, take or disturb an egg;
(c) damage, destroy, remove or disturb a nest;
(d) deposit bait in any place during the period referred to in subsection 6(1), in accordance with subsections 6(3) to (5);
(e) exchange, give or have in their possession a migratory bird, egg or nest; and
(f) if they are authorized to capture and band a migratory bird, take birds that are killed as a result of normal banding operations or that are found dead.

Nominees

(3) The Minister may

(a) on the request of an applicant or a permit holder, add nominees to the permit; or
(b) remove nominees from the permit.

Rights of nominee

(4) A nominee who is designated on the permit and who is acting on behalf of the permit holder may, for a purpose other than banding and subject to the conditions of the permit, engage in the activities that are referred to in subsection (2) and listed on the permit.

Permit holder obligations

(5) The holder of a scientific permit must, while performing the activities authorized by the permit,

(a) have the permit on their person; and
(b) show the permit to a game officer immediately on request.

Nominee obligations

(6) A nominee must, while performing any activity authorized by the permit,

(a) have a copy of the permit on their person; and
(b) show that copy to a game officer immediately on request.

Records and information

(7) The holder of a scientific permit must

(a) immediately after capturing, killing or taking a migratory bird, destroying, taking or disturbing an egg or damaging, destroying, removing or disturbing a nest, record the exact number of such birds, eggs or nests and their species; and
(b) record any additional information that the Minister requires.

Report

(8) A person to whom a scientific permit was issued must submit a report in writing to the Minister that contains the information recorded in accordance with subsection (7).

Disposal

(9) The holder of a scientific permit who takes a bird referred to in paragraph (2)(f) must dispose of it in accordance with the conditions of their permit.

Aviculture permit

76 (1) Subject to the conditions of the permit, an aviculture permit allows its holder to

(a) buy, sell, exchange, give or have in their possession live migratory birds or their eggs for avicultural purposes;
(b) subject to subsection (5), deposit bait to feed migratory birds that are bought, sold, exchanged, captured or possessed under the permit; and
(c) kill migratory birds that they possess under the permit for the purpose of human consumption but not for sale or any other purpose.

Capturing birds and taking eggs

(2) The holder of an aviculture permit that contains an explicit authorization to capture migratory birds or take their eggs from the wild may, subject to the conditions of the permit, do so for avicultural purposes.

Prohibition on killing by shooting

(3) The holder of an aviculture permit must not kill migratory birds they have in their possession under that permit by shooting them.

Prohibition on releasing into the wild

(4) A person must not release a migratory bird possessed under an aviculture permit into the wild unless the Minister authorizes the release.

Feeding birds

(5) Despite subsections 6(1) and (2), the holder of an aviculture permit is authorized to deposit bait in order to feed the migratory birds possessed under that permit during the period referred to in subsection 6(1).

Bait location

(6) However, the permit holder must deposit the bait in a location that is specified in the permit and that is not visible to birds flying above the location.

Obligations

(7) The person to whom the permit is issued must

(a) keep records that correctly show at all times
- (i) the number and species of migratory birds in their possession,
- (ii) the number and species of eggs in their possession, and
- (iii) full details of all dealings in migratory birds, whether by sale, exchange, loan or gift, including the full name and contact information and the permit number of every person who receives those migratory birds; and
(b) on or before January 31 of the year following each calendar year in which they held a permit referred to in subsection (1), submit a report in writing to the Minister in respect of the calendar year for which the permit was issued, stating
- (i) the number of migratory birds of each species they reared during that calendar year,
- (ii) the number of migratory birds of each species they killed during that calendar year,
- (iii) the number of live migratory birds of each species and the number of eggs of each species they sold during that calendar year together with the full name and contact information and the permit number of each person to whom those birds or eggs were sold,
- (iv) the number of live migratory birds of each species and the number of eggs of each species they purchased during that calendar year together with the full name and contact information and the permit number of each person from whom those birds or eggs were purchased,
- (v) the number of live migratory birds of each species and the number of eggs of each species they gave during that calendar year together with the full name and contact information and the permit number of each person to whom those birds or eggs were given,
- (vi) the number of live migratory birds of each species and the number of eggs of each species in their possession at the end of that calendar year, and
- (vii) any other information the Minister requires.

Taxidermist permit

77 A taxidermist permit allows a taxidermist who is its holder, subject to the conditions of the permit, to have in their possession a migratory bird for the purpose of providing taxidermy services for profit.

Written statement

78 A taxidermist permit holder must not receive or accept a migratory bird for mounting unless the bird is accompanied by a statement in writing that is signed by the owner and indicates the owner’s full name and contact information, the permit number under which the bird was killed and the circumstances under which it was killed, including the date and the place.

Records

79 (1) A taxidermist permit holder must keep records showing, in respect of the migratory birds and eggs they have received,

(a) the name of each species and the number of birds and eggs belonging to each species;
(b) the date, place and other circumstances of the killing or taking of the birds and the taking of the eggs;
(c) the date on which the birds and eggs were received; and
(d) the full names and contact information of the owners of the birds and eggs, the permit numbers under which they were killed or taken and the persons from whom they were received by the taxidermist.

Report

(2) A person to whom a taxidermist permit is issued must submit an annual report to the Minister respecting the information referred to in subsection (1) or any other reports the Minister requires.

Validity

(3) In addition to the cases of invalidity set out in section 14, no taxidermist permit is valid if the person to whom it was issued fails to meet the requirements of this section.

Eiderdown commerce permit

80 An eiderdown commerce permit allows its holder, subject to the conditions of the permit, to collect or sell eiderdown or to have it in their possession.

Obligation – leaving sufficient eiderdown

81 A person who has the right to collect eiderdown must leave sufficient eiderdown in each nest from which they collect it to protect eggs from predators or environmental chilling.

Charity permit

82 (1) A holder of a charity permit and any person nominated on the permit in accordance with subsection (2) may, subject to the conditions of the permit, serve preserved migratory game birds and murres at a charitable fundraising event related to migratory bird conservation or a soup kitchen, or give them to the clients of a food bank.

Nominees

(2) The Minister may

(a) on the request of an applicant or a permit holder, add nominees to the permit; or
(b) remove nominees from the permit.

Fundraising

(3) Any profits made from serving migratory game birds or murres at a fundraising event must be used to protect or conserve wildlife.

Permit holder obligations

(4) The person to whom a charity permit is issued must

(a) keep records of the number of each species of preserved migratory game birds and murres received in each calendar year, the full name and contact information of the individual who took each migratory game bird or murre and the number of the permit under which it was killed; and
(b) if the preserved migratory game bird or murre was served as part of a charitable fundraising dinner, maintain until the first anniversary of the fundraiser records of all expenditures and revenues of the event and the manner in which the profits were used.

PART 5
Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

Migratory Birds Convention Act, 1994

Migratory Bird Sanctuary Regulations

83 Subsection 4(3) of the Migratory Bird Sanctuary Regulations ^{footnote 1} is replaced by the following:

(3) Subject to the Act and the Migratory Birds Regulations, 2022, the Minister may issue a permit authorizing any person to have firearms in their possession and to shoot and have in their possession migratory birds in such portion of a migratory bird sanctuary and during such time as are specified in the permit.

84 (1) Paragraph 10(2)(b) of the Regulations is replaced by the following:

(b) by the chief provincial wildlife officer of a province, where the sanctuary is situated on land owned by Her Majesty in right of the province.

(2) Subsection 10(3) of the Regulations is replaced by the following:

(3) For the purposes of subsection (2), chief provincial wildlife officer means the person appointed as chief or director of a provincial authority responsible for the administration of a provincial wildlife act.

Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations

85 Item 1 of the schedule to the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations ^{footnote 2} is replaced by the following:
Item	Column 1 Regulations	Column 2 Provisions
1	Migratory Birds Regulations, 2022	(a) paragraphs 5(1)(a), (b) and (c) (b) subsection 7(2) (c) section 9 (d) subsections 19(6) and (7) (e) subsection 27(1) (f) subsections 28(1) and (3) (g) subsection 36(1) (h) subsections 37(1), (3) and (4) (i) subsection 38(1) (j) subsection 39(1) (k) subsection 40(1) (l) subsection 41(1) (m) subsections 42(1), (2) and (3) (n) subsection 43(1) (o) section 44 (p) subsections 51(1) and (2) (q) subsection 55(1) (r) paragraphs 69(1)(a) and (b) (s) section 73 (t) subsection 76(4) (u) section 81

Canada National Parks Act

Wood Buffalo National Park Game Regulations

86 The definition migratory bird in subsection 2(1) of the Wood Buffalo National Park Game Regulations ^{footnote 3} is replaced by the following:

migratory bird: has the same meaning as in subsection 2(1) of the Migratory Birds Convention Act, 1994, but excludes migratory birds raised in captivity that can readily be distinguished from wild migratory birds by their size, shape or plumage; (oiseau migrateur)

87 Subsection 6(3) of the Regulations is replaced by the following:

(3) No person shall hunt migratory birds unless the person hunts in accordance with these Regulations and the Migratory Birds Regulations, 2022.

National Parks Wildlife Regulations

88 (1) Subsection 13.1(1) of the National Parks Wildlife Regulations ^{footnote 4} is replaced by the following:

13.1 (1) Subject to subsections (2) to (5), the superintendent of the Mingan Archipelago National Park Reserve may, upon receiving an application, issue a hunting permit, to the person named in the application permitting that person to hunt Eider and Long-tailed duck within the boundaries of that Reserve during the open season set out for those species in that area in the Migratory Birds Regulations, 2022.

(2) Paragraph 13.1(2)(b) of the Regulations is replaced by the following:

(b) holds a valid migratory game bird hunting permit issued under the Migratory Birds Regulations, 2022.

(3) The portion of subsection 13.1(5) of the Regulations before paragraph (a) is replaced by the following:

(5) The holder of a hunting permit may hunt Eider and Long-tailed duck

(4) Paragraph 13.1(5)(b) of the Regulations is replaced by the following:

(b) in an amount not exceeding the daily bag limit prescribed by the Migratory Birds Regulations, 2022 for the Province of Quebec.

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

89 Division 2 of Part 4 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations ^{footnote 5} is replaced by the following:

DIVISION 2

Migratory Birds Regulations, 2022
Item	Column 1 Provision	Column 2 Violation Type
1	5(1)(a)	B
2	5(1)(b)	B
3	5(1)(c)	B
4	6(1)	A
5	6(5)	A
6	7(1)	A
7	7(2)	B
8	8(1)	A
9	8(2)	A
10	9	C
11	10(2)	A
12	17	A
13	19(6)(a)	B
14	19(6)(b)	B
15	19(6)(c)	B
16	19(7)	C
17	22(3)	A
18	27(1)	B
19	28(1)	B
20	28(3)(a)	B
21	28(3)(b)	B
22	31(1)	A
23	32(2)	A
24	32(3)	A
25	34(1)(a)	A
26	34(1)(b)	A
27	34(2)	A
28	35(2)	A
29	36(1)	B
30	37(1)	B
31	37(2)(a)	B
32	37(2)(b)	B
33	37(3)(a)	B
34	37(3)(b)	B
35	37(4)	B
36	38(1)(a)	B
37	38(1)(b)	B
38	39(1)(a)	B
39	39(1)(b)	B
40	40(1)	B
41	41(1)	B
42	42(1)	B
43	42(2)	B
44	42(3)	B
45	43(1)	B
46	44	B
47	46(1)	B
48	46(2)	B
49	48(2)	A
50	49(2)	A
51	50(1)	A
52	50(2)	A
53	51(1)	B
54	51(2)	B
55	51(3)	A
56	51(5)	A
57	52(1)	A
58	52(2)	A
59	54(2)	A
60	55(1)(a)	B
61	55(1)(b)	B
62	65(4)	A
63	65(5)(a)	A
64	65(5)(b)	A
65	66(1)	A
66	66(2)	A
67	67(2)	A
68	68(1)	A
69	68(2)	A
70	69(1)(a)	B
71	69(1)(b)	B
72	69(1)(c)	B
73	69(1)(d)	B
74	72(2)	A
75	73	B
76	75(5)(a)	A
77	75(5)(b)	A
78	75(6)(a)	A
79	75(6)(b)	A
80	75(7)(a)	A
81	75(7)(b)	A
82	75(8)	A
83	75(9)	A
84	76(3)	A
85	76(4)	B
86	76(6)	A
87	76(7)(a)	A
88	76(7)(b)	A
89	78	A
90	79(1)	A
91	79(2)	A
92	81	C
93	82(4)(a)	A
94	82(4)(b)	A

90 Part 3 of Schedule 3 to the Regulations is repealed.

Repeal

91 The Migratory Birds Regulations ^{footnote 6} are repealed.

Coming into Force

July 30, 2022

92 These Regulations come into force on July 30, 2022, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1

(Paragraphs 5(2)(b) and (c))

Notice to Minister Concerning Nest to be Damaged, Destroyed, Removed or Disturbed

TABLE 1
Alcid (Alcidae)
Item	Column 1 Scientific Name	Column 2 Common Name	Column 3 Number of Months
1	Cepphus columba	Pigeon Guillemot	12
2	Cerorhinca monocerata	Rhinoceros Auklet	12
3	Fratercula arctica	Atlantic Puffin	12
4	Fratercula cirrhata	Tufted Puffin	12
5	Fratercula corniculata	Horned Puffin	12
6	Ptychoramphus aleuticus	Cassin’s Auklet	12
7	Synthliboramphus antiquus	Ancient Murrelet	12

TABLE 2
Ardeid (Ardeidae)
Item	Column 1 Scientific Name	Column 2 Common Name	Column 3 Number of Months
1	Ardea alba	Great Egret	24
2	Ardea herodias	Great Blue Heron	24
3	Bubulcus ibis	Cattle Egret	24
4	Butorides virescens	Green Heron	24
5	Egretta thula	Snowy Egret	24
6	Nycticorax nycticorax	Black-crowned Night Heron	24

TABLE 3
Hydrobatid (Hydrobatidae)
Item	Column 1 Scientific Name	Column 2 Common Name	Column 3 Number of Months
1	Hydrobates furcatus	Fork-tailed Storm-petrel	12
2	Oceanodroma leucorhoa	Leach’s Storm-petrel	12

TABLE 4
Picid (Picidae)
Item	Column 1 Scientific Name	Column 2 Common Name	Column 3 Number of Months
1	Dryocopus pileatus	Pileated Woodpecker	36

TABLE 5
Procellarid (Procellariidae)
Item	Column 1 Scientific Name	Column 2 Common Name	Column 3 Number of Months
1	Puffinus puffinus	Manx Shearwater	12

TABLE 6
Sulid (Sulidae)
Item	Column 1 Scientific Name	Column 2 Common Name	Column 3 Number of Months
1	Morus bassanus	Northern Gannet	12

SCHEDULE 2

(Paragraph 12(2)(a) and subsections 31(2) and 32(1))

Cost of Documents
Item	Column 1 Document	Column 2 Fee
1	Migratory game bird hunting permit	$8.50
2	Any damage or danger permit	$0.00
3	Airport permit	$0.00
4	Scientific permit	$0.00
5	Aviculture permit	$10.00
6	Taxidermist permit	$10.00
7	Eiderdown commerce permit	$10.00
8	Charity permit	$0.00
9	Habitat conservation stamp	$8.50

SCHEDULE 3

(Subsections 1(1), 6(1), 19(1) and 28(1) and (2), paragraphs 28(3)(b) and 39(1)(b), subsections 43(1) and (2), 46(1) and (3), 59(2), 60(2) and (3) and 61(1), subparagraph 61(2)(d)(iii), paragraph 62(1)(a), subparagraph 62(2)(d)(ii) and paragraph 67(1)(b))

Open Seasons, Limits and Special Measures

PART 1
Newfoundland and Labrador

1 The following definitions apply in this Part.

Avalon-Burin Coastal Newfoundland Zone: means all that portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying within 100 m of the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a straight line drawn due south from Cape Rosey, and from there in a generally easterly and northerly direction along the coast ending at a boundary line drawn due northeast from Cape Bonavista. (Zone côtière d’Avalon-Burin de Terre-Neuve)
Central Labrador Zone: means all of Labrador other than the Northern Labrador Zone, the Western Labrador Zone and the Southern Labrador Zone. (Zone centre du Labrador)
Inland Newfoundland Zone: means all of the Island of Newfoundland, and of the adjacent offshore islands, that is not within the Northwestern Coastal Newfoundland Zone, the Northern Coastal Newfoundland Zone, the Southern Coastal Newfoundland Zone, the Southwestern Coastal Newfoundland Zone, the Northeastern Coastal Newfoundland Zone or the Avalon-Burin Coastal Newfoundland Zone. (Zone intérieure de Terre-Neuve)
Murre Zone No. 1: means all coastal waters in the Northern Labrador Zone and the Central Labrador Zone. (Zone de guillemots n^o 1)
Murre Zone No. 2: means all coastal waters in the Southern Labrador Zone and those portions of the Northwestern Coastal Newfoundland Zone, the Northern Coastal Newfoundland Zone and the Northeastern Coastal Newfoundland Zone bounded by a due northeast line from Deadman’s Point (latitude 49°21′N, longitude 53°41′W) and a due west line from Cape St. Gregory (latitude 49°24′N, longitude 58°14′W). (Zone de guillemots n^o 2)
Murre Zone No. 3: means those portions of the Southwestern Coastal Newfoundland Zone and the Avalon-Burin Coastal Newfoundland Zone bounded by a due west line from Cape St. Gregory (latitude 49°24′N, longitude 58°14′W) and a due east line from Western Bay Head (latitude 47°53′N, longitude 53°03′ W), excluding the portion of the Avalon-Burin Coastal Newfoundland Zone bounded by a due east line from Cape Race (latitude 46°39′N, longitude 53°04′W) and a due east line from Cape Spear (latitude 47°31′20″N, longitude 52°37′40″W). (Zone de guillemots n^o 3)
Murre Zone No. 4: means those portions of the Avalon-Burin Coastal Newfoundland Zone and the Northeastern Coastal Newfoundland Zone bounded by a due east line drawn from Cape Race (latitude 46°39′N, longitude 53°04′W) and a due northeast line from Deadman’s Point (latitude 49°21′N, longitude 53°41′W), excluding that portion of the Avalon-Burin Coastal Newfoundland Zone bounded by a due east line from Cape Spear (latitude 47°31′20″N, longitude 52°37′40″W) and by a due east line from Western Bay Head (latitude 47°53′N, longitude 53°03′W). (Zone de guillemots n^o 4)
Northeastern Coastal Newfoundland Zone: means all that portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying within 100 m of the mean ordinary high-water mark and adjacent marine coastal waters, bounded by a due northeast line drawn through Cape Bonavista, and from there in a generally westerly direction along the coast, ending at a boundary line drawn due northeast through Cape St. John. (Zone côtière du nord-est de Terre-Neuve)
Northern Coastal Newfoundland Zone: means all that portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying within 100 m of the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a line due northeast from Cape Bauld and southward along the east coast, ending in a boundary line drawn due northeast through Cape St. John. (Zone côtière du nord de Terre-Neuve)
Northern Labrador Zone: means all that portion of Labrador lying north of latitude 54°24′N and east of longitude 65°W. (Zone nord du Labrador)
Northwestern Coastal Newfoundland Zone: means all that portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying within 100 m of the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a due west line from Cape St. Gregory, and from there northward and eastward along the coast ending in a boundary line drawn due northeast through Cape Bauld. (Zone côtière du nord-ouest de Terre-Neuve)
Southern Coastal Newfoundland Zone: means all that portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying within 100 m of the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a due west line through Cape Ray, thence southward and eastward along the coast ending at a due south line through Cape Rosey. (Zone côtière du sud de Terre-Neuve)
Southern Labrador Zone: means all that portion of Labrador lying south of latitude 53°06′N (Boulters Rock) and east of longitude 57°06′40″W. (Zone sud du Labrador)
Southwestern Coastal Newfoundland Zone: means all that portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying within 100 m of the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a due west line from Cape St. Gregory, and from there southward along the coast ending in a boundary line drawn due west through Cape Ray. (Zone côtière du sud-ouest de Terre-Neuve)
Western Labrador Zone: means all that portion of Labrador lying west of longitude 65°W. (Zone ouest du Labrador)

2 For greater certainty, in this Part a possession limit, open season or daily bag limit applies to all persons.

TABLE 1
Open Season and Daily Bag and Possession Limits in Newfoundland and Labrador
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Northwestern Coastal Newfoundland Zone	(a) Long-tailed Ducks, Eiders and Scoters, combined	12	November 1 to February 14	6
		(b) Common and Red-breasted Mergansers, combined	12	October 10 to January 23	6
		(c) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The third Saturday of September to the last Saturday of December	(i) 6 (not more than 1 may be Barrow’s Goldeneye) from the third Saturday of September to November 29 (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from November 30 to the last Saturday of December
		(d) all Geese, combined	10	The third Saturday of September to the last Saturday of December	5
		(e) Snipe	20	The third Saturday of September to the last Saturday of December	10
2	Avalon-Burin Coastal Newfoundland Zone, Northeastern Coastal Newfoundland Zone, Northern Coastal Newfoundland Zone, Southern Coastal Newfoundland Zone, and Southwestern Newfoundland Coastal Zone	(a) Long-tailed Ducks, Eiders and Scoters, combined	12	November 25 to March 10	6
		(b) Common and Red-breasted Mergansers, combined	12	October 10 to January 23	6
		(c) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The third Saturday of September to the last Saturday of December	(i) 6 (not more than 1 may be Barrow’s Goldeneye) from the third Saturday of September to November 29 (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from November 30 to the last Saturday of December
		(d) All Geese, combined	10	The third Saturday of September to the last Saturday of December	5
		(e) Snipe	20	The third Saturday of September to the last Saturday of December	10
3	Inland Newfoundland Zone	(a) Long-tailed Ducks, Eiders and Scoters, combined	N/A	No open season	N/A
		(b) Common and Red-breasted Mergansers, combined	12	October 10 to January 23	6
		(c) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The third Saturday of September to the last Saturday of December	(i) 6 (not more than 1 may be Barrow’s Goldeneye) from the third Saturday of September to November 29 (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from November 30 to the last Saturday of December
		(d) all Geese, combined	10	The third Saturday of September to the last Saturday of December	5
		(e) Snipe	20	The third Saturday of September to the last Saturday of December	10
4	Northern Labrador Zone	(a) all Eiders and Scoters, combined	12	(i) the first Saturday of September to the Friday before the last Saturday of September, for Scoters only	6
				(ii) the last Saturday of September to the third Saturday of December	6
				(iii) the Sunday after the third Saturday of December to the first Sunday after January 7, for Eiders only	6
		(b) Common and Red-breasted Mergansers, combined	12	The first Saturday of September to the third Saturday of December	6
		(c) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The first Saturday of September to the third Saturday of December	6 (not more than 1 may be Barrow’s Goldeneye)
		(d) all Geese, combined	10	The first Saturday of September to the third Saturday of December	5
		(e) Snipe	20	The first Saturday of September to the third Saturday of December	10
5	Western Labrador Zone	(a) all Eiders, combined	N/A	No open season	N/A
		(b) all Scoters, combined	12	The first Saturday of September to the third Saturday of December	6
		(c) Common and Red-breasted Mergansers, combined	12	The first Saturday of September to the third Saturday of December	6
		(d) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The first Saturday of September to the third Saturday of December	6 (not more than 1 may be Barrow’s Goldeneye)
		(e) all Geese, combined	10	The first Saturday of September to the third Saturday of December	5
		(f) Snipe	20	The first Saturday of September to the third Saturday of December	10
6	Southern Labrador Zone	(a) all Eiders and Scoters, combined	12	(i) the first Saturday of September to October 31, for Scoters only	6
				(ii) November 1 to the third Saturday of December	6
				(iii) the Sunday after the third Saturday of December to February 14, for Eiders only	6
		(b) Common and Red-breasted Mergansers, combined	12	The first Saturday of September to the third Saturday of December	6
		(c) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The first Saturday of September to the third Saturday of December	6 (not more than 1 may be Barrow’s Goldeneye)
		(d) all Geese, combined	10	The first Saturday of September to the third Saturday of December	5
		(e) Snipe	20	The first Saturday of September to the third Saturday of December	10
7	Central Labrador Zone	(a) all Eiders and Scoters, combined	12	(i) the first Saturday of September to the Friday before the last Saturday of October, for Scoters only	6
				(ii) the last Saturday of October to the last Saturday of November	6
				(iii) the Sunday after the last Saturday of November to the third Saturday of December, for Scoters only	6
				(iv) the first Saturday of January to the last day of February, for Eiders only	6
		(b) Common and Red-breasted Mergansers, combined	12	The first Saturday of September to the third Saturday of December	6
		(c) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The first Saturday of September to the third Saturday of December	6 (not more than 1 may be Barrow’s Goldeneye)
		(d) all Geese, combined	10	The first Saturday of September to the third Saturday of December	5
		(e) Snipe	20	The first Saturday of September to the third Saturday of December	10
8	Murre Zone No. 1	Murres	40	September 1 to December 16	20
9	Murre Zone No. 2	Murres	40	October 6 to January 20	20
10	Murre Zone No. 3	Murres	40	November 25 to March 10	20
11	Murre Zone No. 4	Murres	40	(a) November 3 to January 10	20
11	Murre Zone No. 4	Murres	40	(b) February 2 to March 10	20

PART 2
Prince Edward Island

1 For greater certainty, in this Part, a possession limit, open season or daily bag limit applies to all persons.

TABLE 1
Open Season and Daily Bag and Possession Limits in Prince Edward Island
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Throughout Prince Edward Island	(a) Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters, combined	12 (not more than 8 may be Eiders and not more than 8 may be Scoters)	October 1 to December 31	6 (not more than 4 may be Eiders and not more than 4 may be Scoters)
		(b) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	October 1 to December 31	(i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 1 to November 30 (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than a total of 4 may be American Black Duck or Mallard-American Black Duck hybrids in any combination) from December 1 to December 31
		(c) all Geese, combined	16	(i) the Tuesday after the first Monday in September to the third Monday in September	5 (plus an additional 3 Canada Geese or Cackling Geese in any combination)
		(c) all Geese, combined	16	(ii) October 1 to December 31	(A) 5, from October 1 to November 14 (B) 3, from November 15 to December 31
		(d) Woodcock	16	The last Monday of September to the second Saturday of December	8
		(e) Snipe	20	October 1 to December 31	10

PART 3
Nova Scotia

1 The following definitions apply in this Part.

Zone No. 1: means the counties of Antigonish, Pictou, Colchester, Cumberland, Hants, Kings and Annapolis. (Zone n^o 1)
Zone No. 2: means the counties of Digby, Yarmouth, Shelburne, Queens, Lunenburg, Halifax, Guysborough, Cape Breton, Victoria, Inverness and Richmond. (Zone n^o 2)

2 For greater certainty, in this Part a possession limit, open season or daily bag limit applies to all persons.

TABLE 1
Open Season and Daily Bag and Possession Limits in Nova Scotia
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Zone No. 1	(a) Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters, combined	10 (not more than 4 may be Eiders and not more than 8 may be Scoters)	(i) October 1 to November 8 (not an open season for Eiders)	5 (not more than 4 may be Scoters)
				(ii) November 9 to January 7	5 (not more than 2 may be Eiders, of which not more than 1 may be female, and not more than 4 may be Scoters)
		(b) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	October 1 to January 7	(i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 1 to November 30 (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from December 1 to January 7
		(c) all Geese, combined	16	(i) the Tuesday after the first Monday in September to the first Tuesday after the third Monday in September	5 (plus an additional 3 Canada Geese or Cackling Geese in any combination)
		(c) all Geese, combined	16	(ii) October 1 to December 31	5
		(d) Woodcock	16	October 1 to November 30	8
		(e) Snipe	20	October 1 to November 30	10
2	Zone No. 2	(a) Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters, combined	10 (not more than 4 may be Eiders and not more than 8 may be Scoters)	(i) October 8 to November 16 (not an open season for Eiders)	5 (not more than 4 may be Scoters)
				(ii) November 17 to January 15	5 (not more than 2 may be Eiders, of which not more than 1 may be female, and not more than 4 may be Scoters)
		(b) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye )	October 8 to January 15	(i) 6 (not more than 1 may be Barrow’s Goldeneye from October 8 to December 7 (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from December 8 to January 15
		(c) all Geese, combined	16	(i) the Tuesday after the first Monday in September to the fourth Monday in September	5 (plus an additional 3 Canada Geese or Cackling Geese in any combination)
		(c) all Geese, combined	16	(ii) October 22 to January 15	5
		(d) Woodcock	16	October 1 to November 30	8
		(e) Snipe	20	October 1 to November 30	10

PART 4
New Brunswick

1 The following definitions apply in this Part.

Zone No. 1: means that part of Saint John County lying south of No. 1 Highway and west of Saint John Harbour, and that part of Charlotte County lying south of No. 1 Highway, including the islands of the Grand Manan Group and Campobello Island, except for the following area: all those certain islands, islets, rocks and ledges in the County of Charlotte, Parish of Pennfield, and in the Bay of Fundy, designated as The Wolves according to the Gazetteer of Canada for New Brunswick, Ottawa, 1972 and shown on 1:50,000 series National Topographic Map No. 21B/15 and 21B/14, third edition (combined map), including any foreshore and any small islets or rocks that do not appear on the aforesaid map, and also including the reefs and surrounding waters lying within the quadrilateral defined by points having the following geographic coordinates: latitude 45°00′N, longitude 66°39"W; latitude 44°55′N, longitude 66°39′W; latitude 44°55′N, longitude 66°46′W; and latitude 45°00′N, longitude 66°46′W. (Zone n^o 1)
Zone No. 2: means any part of New Brunswick that is not in Zone No. 1 or the areas described in section 2. (Zone n^o 2)

2 The open seasons set out in Table 1 do not apply to the following areas of New Brunswick:

(a) all those certain islands, islets, rocks and ledges in the County of Charlotte, Parish of Pennfield, and in the Bay of Fundy, designated as The Wolves according to the Gazetteer of Canada for New Brunswick, Ottawa, 1972, and shown on 1:50,000 series National Topographic Map No. 21B/15 and 21B/14, third edition (combined map), including any foreshore and any small islets or rocks that do not appear on the aforesaid map, and also including the reefs and surrounding waters lying within the quadrilateral defined by points having the following geographic coordinates: latitude 45°00′N, longitude 66°39′W; latitude 44°55′N, longitude 66°39′W; latitude 44°55′N, longitude 66°46′W; latitude 45°00′N, longitude 66°46′W, and the area of the Tabusintac River Estuary in Northumberland County, east of highway number 11, south of Wishart Point Road, west of a line between Wishart Point and Point of Marsh, and northwest of Covedell Road;
(b) Bathurst Harbour and Bathurst Basin, commencing at the Caron Point lighthouse; thence north across the mouth of Bathurst Harbour to Youghall Point; thence following the mean high-water mark to the first bridge on the Tetagouche River (Highway 134); thence following the mean high-water mark of Bathurst Harbour and Bathurst Basin to the first bridge on the Middle River (Riverside Drive and Little River Drive); thence following the mean high-water mark to the first bridge on the Little River (NB Trail); thence following the mean high-water mark to the first bridge on the Nepisiguit River (Bridge Street); and thence following the mean high-water mark to the point of commencement;
- Excepting the following, which remain open to hunting: all those certain lots, pieces or parcels of land situated in the Parish of Bathurst, County of Gloucester and Province of New Brunswick being described as follows: those ungranted Crown islands, situated in Bathurst Harbour, said islands are numbered 1 and 2 and have the following approximate geographic coordinates:
  - island no. 1: latitude 47°38′55″, longitude 65°38′09″;
  - island no. 2: latitude 47°37′59″, longitude 65°38′48″;
(c) all that area containing parts of the Restigouche River and Chaleur Bay as shown on National Topographic Series Map Sheet No. 22B/1 (Escuminac, edition 3(B)) produced at a scale of 1:50,000 by the Department of Energy, Mines and Resources at Ottawa, and being more particularly described as follows: commencing at the most easterly extremity of Dalhousie Island at approximate latitude 48°04′15″ and approximate longitude 66°21′45″; thence due east in a straight line to a line in the Restigouche River being one kilometre perpendicularly distant and parallel to the southerly ordinary high-water mark of the Restigouche River; thence generally southeasterly and southwesterly along said line being one kilometre perpendicularly distant and parallel to the southerly ordinary high-water mark of the Restigouche River and Chaleur Bay to a point being due east of the mouth of Miller Brook; thence due west to the mouth of that brook; and thence northerly, northeasterly and northwesterly along said ordinary high water-mark of the Restigouche River and Chaleur Bay to the point of commencement, including all islands, shoals and rocks lying within the above described area.

3 For greater certainty, in this Part, a possession limit, open season or daily bag limit applies to all persons.

TABLE 1
Open Season and Daily Bag and Possession Limits in New Brunswick
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Zone No. 1	(a) Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters, combined	12 (not more than 4 may be Eiders and not more than 8 may be Scoters)	(i) October 15 to November 5 (not an open season for Eiders)	6 (not more than 4 may be Scoters)
				(ii) November 6 to January 4	6 (not more than 2 may be Eiders, of which not more than 1 may be female, and not more than 4 may be Scoters)
				(iii) February 1 to February 24 (not an open season for Eiders)	6 (not more than 4 may be Scoters)
		(b) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	October 15 to January 14	(i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 15 to December 14 (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from December 15 to January 14
		(c) all Geese, combined	16	(i) the Tuesday after the first Monday in September to the Tuesday before the last Saturday in September	5 (plus an additional 3 Canada Geese or Cackling Geese in any combination)
		(c) all Geese, combined	16	(ii) October 15 to January 4	5
		(d) Woodcock	16	September 15 to November 30	8
		(e) Snipe	20	October 15 to January 14	10
2	Zone No. 2	(a) Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters, combined	12 (not more than 4 may be Eiders and not more than 8 may be Scoters)	(i) October 1 to November 1 (not an open season for Eiders)	6 (not more than 4 may be Scoters)
				(ii) November 2 to December 31	6 (not more than 2 may be Eiders, of which not more than 1 may be female, and not more than 4 may be Scoters)
		(b) Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined	18 (not more than 1 may be Barrow’s Goldeneye)	October 1 to December 31	(i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 1 to November 30 (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from December 1 to December 31
		(c) all Geese, combined	16	(i) the Tuesday after the first Monday in September to the Tuesday before the last Saturday in September	5 (plus an additional 3 Canada Geese or Cackling Geese in any combination)
		(c) all Geese, combined	16	(ii) October 1 to December 18	5
		(d) Woodcock	16	September 15 to November 30	8
		(e) Snipe	20	October 1 to December 31	10

PART 5
Quebec

1 The following definitions apply in this Part.

District A: means that part of Quebec included in Provincial Hunting Zones 17 and 22 to 24. (District A)
District B: means that part of Quebec included in Provincial Hunting Zones 19 south, 20 and 29 and that portion of Provincial Hunting Zone 21 included in the electoral district of Duplessis that is situated opposite to Provincial Hunting Zones 19 south and 20. (District B)
District C: means that part of Quebec included in Provincial Hunting Zones 12 to 14 and 16. (District C)
District D: means that part of Quebec included in that portion of Provincial Hunting Zones 18, 21 and 28 lying west of longitude 70°00′ and that portion of Provincial Hunting Zone 27 lying west of longitude 70°00′ and north of the latitude at the Saint-Siméon wharf to Route 381 and from there to the northern limit of Provincial Hunting Zone 27. (District D)
District E: means that part of Quebec included in Provincial Hunting Zone 1; that portion of Provincial Hunting Zone 2 lying east of Route 185 to its intersection with du Loup River and lying east of a line running along the centre of that river to the north end of the Rivière-du-Loup wharf; that portion of Provincial Hunting Zone 28 lying east of longitude 70°00′; that portion of Provincial Hunting Zone 27 lying east of longitude 70°00′ and north of the latitude at the Saint-Siméon wharf; and that portion of Provincial Hunting Zone 18 and the waters of the Saguenay lying east of the limit of District D, including that portion of the waters of Chaleur Bay and the St. Lawrence River lying east of the route of the ferry crossing from Saint-Siméon to Rivière-du-Loup to the boundaries of Districts B and G. (District E)
District F: means that part of Quebec included in that portion of Provincial Hunting Zone 2 lying west of District E; Provincial Hunting Zones 3 to 11, 15 and 26; and that portion of Provincial Hunting Zone 27 lying south of Districts D and E, including that portion of the waters of the St. Lawrence River lying west of District E. (District F)
District G: means the lands and waters included in the County of the Magdalen Islands in Quebec. (District G)
non-resident of Canada: means a person who is not a resident of Canada. (non-résident du Canada)
resident of Canada: means a person whose primary or habitual place of residence is in Canada. (résident du Canada)

2 In this Part, the Provincial Hunting Zones comprise the areas described in Quebec’s Regulation respecting fishing and hunting areas, made under the Act Respecting the Conservation and Development of Wildlife, R.S.Q., c. C-61.1.

3 The open seasons set out in Table 1 and Table 2 do not apply to the following areas of Quebec:

(a) Cap-Tourmente:
- The waters included within the limit described as follows:
- Commencing at the intersection of the low-water mark along the northerly shore of the St. Lawrence River with the southwesterly boundary of shore lot 3,814,431 of the cadastre of Quebec, registration division of Montmorency; from there southeasterly along the extension of that boundary to a point on the straight line joining the light buoys designated V13 and V6 on Canadian Hydrographic Service chart number 1317; from there easterly along that straight line to the light buoy designated V6 on that chart; from there northeasterly in a straight line toward the light buoys designated K108 and K103 on chart number 1317; from there northeasterly in a straight line to the light buoy designated K95 on chart number 1317, but ending abreast of LL 1902 Cap Brûlé fixed navigation aid located on the northern shore of the St. Lawrence River; from there northwesterly in a line perpendicular to the low-water mark opposite LL 1902 Cap Brûlé fixed navigation aid; from there southwesterly along the low-water mark to the point of commencement, together with that portion of the right-of-way of the railway from lot 3,814,431 of the cadastre of Quebec, registration division of Montmorency; and from there easterly abreast of LL 1902 Cap Brûlé fixed navigation aid;
- The parcel of land described as follows:
- Lot 3,815,311 of the cadastre of Quebec, registration division of Montmorency, and the part of the right-of-way of the railway shown on Public Works Canada Plan AM-92-7485, and the zone between the low line waters of the St. Lawrence River and the northern limit of the railway right-of-way, bounded on the west by Cap-Tourmente National Wildlife Area and on the east by LL 1902 Cap Brûlé fixed navigation aid. In addition, this zone includes the right of way of the public road called “Cap-Tourmente Road”, which is located in the municipality of Saint-Joachim;
(b) Portage:
- In the Gulf of St. Lawrence, at approximate latitude 47°37′15″N and approximate longitude 61°29′30″W, a part of les îles de la Madeleine together with the waters included within the limit described as follows:
- Commencing at the intersection of the ordinary high-water mark of Baie Clarke with a plumb line originating from the centre of the bridge of Route 199 at its northwesterly end; from there southwesterly in a straight line (in Havre de la Grande Entrée) to a point situated 200 m from the ordinary high-water mark and on the extension southeasterly of the most easterly limit of lot 3,777,710 of the cadastre of Quebec, registration division of Îles-de-la-Madeleine; from there northwesterly following that extension line and southeasterly limit of that lot; from there northwesterly following the easterly limits of lots 3,777,410, 3,779,909 and 3,776,833 and its extension in the Gulf of St. Lawrence to a point situated 200 m measured at a right angle to the ordinary high-water mark of that Gulf ; from there easterly following a line at 200 m from that water mark to a point situated 2000 m in a straight line from that point; from there southerly in a straight line to the intersection of the westerly bank of an unnamed creek with the ordinary high-water mark of Baie Clarke at approximate latitude 47°37′15.32″N and approximate longitude 61°28′24.45″W; and from there southwesterly following that water mark to the point of commencement;
(c) Havre aux Basques:
- In the municipality of Îles-de-la-Madeleine, comprising a part of île du Cap aux Meules and a part of île du Havre Aubert, a parcel of land described as follows:
- Commencing at a northwestern point at approximate latitude 47º19′12″N and approximate longitude 61º57′41″W; from there southwesterly along the ordinary high-water mark of the Gulf of St. Lawrence to a southwestern point at approximate latitude 47º18′1.48″N and approximate longitude 61º58′16.70″W; from there easterly in a straight line to a southeastern point at approximate latitude 47º18′14.49″N and approximate longitude 61º56′2.37″W; from there northerly, along the ordinary high-water mark of Baie de Plaisance to a northeastern point at approximate latitude 47º18′59″N and approximate longitude 61º56′09″W; from there westerly in a straight line to the point of commencement; together with a zone extending 200 m easterly from the ordinary high-water mark of Baie de Plaisance and a zone extending 200 m westerly from the ordinary high-water mark of the Gulf of St. Lawrence; the northern and southern limits of those zones being an extension of the northerly boundary between the northeastern and northwestern points previously described and the extension of the southerly boundary between the southeastern and southwestern points previously described; and the eastern and western limits of those zones being lines parallel to the ordinary high-water marks of Baie de Plaisance and the Gulf of St. Lawrence;
(d) Lac Saint-Pierre (Nicolet):
- This sector is located in the St. Lawrence River to the northwest of the Department of National Defence property near the town of Nicolet. It includes the open water and marshes inside a straight line between battery No. 5 (latitude 46°13′31″N and longitude 72°40′16″W) and the end of the Longue Pointe called OP-6 (latitude 46°10′15″N and longitude 72°45′03″W) on the Department of National Defence property, to the limit of the Nicolet Bird Sanctuary; and
(e) Cap-Saint-Ignace:
- This sector is located in the St. Lawrence River near the municipality of Cap-Saint-Ignace at approximate latitude 47°02′15″N and approximate longitude 70°29′10″W. This sector includes the open water and marshes between the high-water mark and the low-water mark starting from the western limit of the Cap-Saint-Ignace Bird Sanctuary, going west for a distance of about 400 m up to the eastern limit of lot 3,251,418 of the cadastre of Quebec, registration division of Montmagny.

4 The open seasons set out in Table 2 do not apply in respect of Snow Geese in that portion of the St. Lawrence River bounded on the northeast by a straight line joining Cap Brûlé in the County of Charlevoix and the west side of the mouth of the Trois-Saumons River in the County of l’Islet and bounded on the southwest by a straight line joining the east side of the mouth of the Sainte-Anne River in the County of Montmorency and the wharf at the Town of Berthier in the County of Montmagny except between the southern boundary of the north navigational channel and the northern boundary of the south navigational channel and exposed land within that portion of the St. Lawrence River.

5 In this Part, unless otherwise specified, a possession limit, open season or daily bag limit applies to residents of Canada and non-residents of Canada.

TABLE 1
Open Season and Daily Bag and Possession Limits in Quebec
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	District A	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be Blue-winged Teal)	September 1 to December 16	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
		(b) Canada Geese and Cackling Geese, combined	No limit	(i) September 1 to September 25	10
				(ii) September 26 to October 31	3
				(iii) November 1 to December 16	5
		(c) Geese (other than Snow Geese, Canada and Cackling Geese), combined	15	September 1 to December 16	5
		(d) Coots and Gallinules, combined	N/A	No open season	N/A
		(e) Woodcock	24	September 1 to December 16	(i) 8 for residents of Canada (ii) 4 for non-residents of Canada
		(f) Snipe	30	September 1 to December 16	10
		(g) Mourning Doves	N/A	No open season	N/A
2	District B	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be Blue-winged Teal)	(i) the first Saturday after September 11 to September 30, for Ducks other than Eiders and Long-tailed Ducks	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
				(ii) October 1 to October 24	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
				(iii) October 25 to November 14 (not an open season for Eiders and Long-tailed Ducks in locations on the North Shore that are west of the Natashquan River)	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
				(iv) November 15 to the first Saturday after December 25	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
				(v) the first Sunday after December 26 to January 14, only for Eiders and Long-tailed Ducks	6
				(vi) January 15 to February 5, only for Eiders and Long-tailed Ducks in locations on the North Shore that are west of the Natashquan River	6
		(b) Canada Geese and Cackling Geese, combined	No limit	(i) the first Saturday after September 11 to September 25	10
		(b) Canada Geese and Cackling Geese, combined	No limit	(ii) September 26 to the first Saturday after December 25	5
		(c) Geese (other than Snow Geese, Canada Geese and Cackling Geese), combined	15	The first Saturday after September 11 to the first Saturday after December 25	5
		(d) Coots and Gallinules, combined	N/A	No open season	N/A
		(e) Woodcock	24	The first Saturday after September 7 to the first Saturday after December 21	(i) 8 for residents of Canada (ii) 4 for non-residents of Canada
		(f) Snipe	30	The first Saturday after September 11 to the first Saturday after December 25	10
		(g) Mourning Doves	N/A	No open season	N/A
3	Districts C and D	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be Blue-winged Teal)	The first Saturday after September 11 to the first Saturday after December 25	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
		(b) Canada Geese and Cackling Geese, combined	No limit	(i) September 1 to the first Friday after September 10 (only on farmland)	10
				(ii) the first Saturday after September 11 to September 25	10
				(iii) September 26 to October 31	(A) 3 (in District C) (B) 2 (in District D)
				(iv) November 1 to December 16	5
		(c) Geese (other than Snow Geese, Canada Geese and Cackling Geese), combined	15	The first Saturday after September 11 to the first Saturday after December 25	5
		(d) Coots and Gallinules, combined	N/A	No open season	N/A
		(e) Woodcock	24	The first Saturday after September 14 to the first Saturday after December 28	(i) 8 for residents of Canada (ii) 4 for non-residents of Canada
		(f) Snipe	30	The first Saturday after September 11 to the first Saturday after December 25	10
		(g) Mourning Doves	N/A	No open season	N/A
4	District E	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be Blue-winged Teal)	(i) The first Saturday after September 11 to October 20	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
		(a) Ducks (other than Harlequin Ducks), combined		(ii) October 21 to the first Saturday after December 25 (not an open season for Barrow’s Goldeneye or Common Goldeneye in locations that are within Provincial Hunting Zone 21 or within 100 m of that Zone)	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
		(b) Canada Geese and Cackling Geese, combined	No limit	(i) September 1 to the first Friday after September 10 (only on farmland)	10
				(ii) the first Saturday after September 11 to September 25	10
				(iii) September 26 to December 16	5
		(c) Geese (other than Snow Geese, Canada Geese and Cackling Geese), combined	15	The first Saturday after September 11 to the first Saturday after December 25	5
		(d) Coots and Gallinules, combined	N/A	No open season	N/A
		(e) Woodcock	24	The first Saturday after September 14 to the first Saturday after December 28	(i) 8 for residents of Canada (ii) 4 for non-residents of Canada
		(f) Snipe	30	The first Saturday after September 11 to the first Saturday after December 25	10
		(g) Mourning Doves	N/A	No open season	N/A
5	District F	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be Blue-winged Teal)	(i) the first Saturday after September 18 to October 20	6 (not more than 1 may be Barrow’s Goldeneye, not more than 1 may be Blue-winged Teal and, in locations south of Route 148 and west of Highway 15, not more than 2 may be American Black Ducks)
		(a) Ducks (other than Harlequin Ducks), combined		(ii) October 21 to the first Saturday after January 1 (not an open season for Barrow’s Goldeneye or Common Goldeneye in locations between Pointe Jureux (Saint-Irénée) and Gros Cap à l’Aigle (Saint-Fidèle) from routes 362 and 138 and extending 2 km within Provincial Hunting Zone 21)	6 (not more than 1 may be Barrow’s Goldeneye, not more than 1 may be Blue-winged Teal and, in locations south of Route 148 and west of Highway 15, not more than 2 may be American Black Ducks)
		(b) Canada Geese and Cackling Geese, combined	No limit	(i) September 6 to the first Friday after September 17 (only on farmland)	10
				(ii) the first Saturday after September 18 to September 25	10
				(iii) September 26 to October 31	(A) 3 (in locations west of Highway 15 and its northerly extension along Route 117) (B) 2 (in locations east of Highway 15 and its northerly extension along Route 117)
				(iv) November 1 to December 21	5
		(c) Geese (other than Snow Geese, Canada Geese and Cackling Geese), combined	15	The first Saturday after September 18 to the first Saturday after January 1	5
		(d) Coots and Gallinules, combined	12	The first Saturday after September 18 to the first Saturday after January 1	4
		(e) Woodcock	24	The first Saturday after September 14 to the first Saturday after December 28	(i) 8 for residents of Canada (ii) 4 for non-residents of Canada
		(f) Snipe	30	The first Saturday after September 18 to the first Saturday after January 1	10
		(g) Mourning Doves	24	The first Saturday after September 14 to the first Saturday after December 28	8
6	District G	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be Blue-winged Teal)	(i) the last Saturday in September to October 31 (not an open season for Eiders or Long-tailed Ducks)	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
				(ii) November 1 to December 26	6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
				(iii) December 27 to February 14 (only for Eiders and Long-tailed Ducks)	6
		(b) Canada Geese and Cackling Geese, combined	No limit	The last Saturday of September to December 26	5
		(c) Geese (other than Snow Geese, Canada Geese and Cackling Geese), combined	15	The last Saturday of September to December 26	5
		(d) Coots and Gallinules, combined	N/A	No open season	N/A
		(e) Woodcock	24	The last Saturday of September to December 26	(i) 8 for residents of Canada (ii) 4 for non-residents of Canada
		(f) Snipe	30	The last Saturday of September to December 26	10
		(g) Mourning Doves	N/A	No open season	N/A

TABLE 2
Special Measures for Overabundant Species in Quebec
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit	Column 6 Additional Hunting Method or Equipment
1	District A	Snow Geese	No limit	(a) September 1 to December 16	20	Electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is the open season may be hunted
1	District A	Snow Geese	No limit	(b) May 1 to June 30	20	Electronic bird calls of Snow Geese may be used
2	District B	Snow Geese	No limit	The first Saturday after September 11 to the first Saturday after December 25	20	Electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is the open season may be hunted
3	Districts C and D	Snow Geese	No limit	(a) September 1 to the Friday after September 10 (only on farmland)	20	Electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(b) the first Saturday after September 11 to the first Saturday after December 25	20	Electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(c) March 1 to May 31 (only on farmland)	20	Electronic bird calls of Snow Geese may be used
4	District E	Snow Geese	No limit	(a) September 1 to the first Friday after September 10 (only on farmland)	20	(i) electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is the open season may be hunted (ii) hunting with bait that is crops that are cut and left on the ground in the fall is permitted if the Minister has given consent in writing in accordance with paragraph 62(1)(c) of these Regulations
				(b) The first Saturday after September 11 to the first Saturday after December 25	20	(i) electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is open season may be hunted (ii) hunting with bait that is crops that are cut and left on the ground in the fall is permitted if the Minister has given consent in writing under paragraph 62(1)(c) of these Regulations
				(c) March 1 to May 31 (only on farmland)	20	(i) electronic bird calls of Snow Geese may be used (ii) hunting with bait in the spring is permitted if the Minister has given consent in writing under subsection 61(1) of these Regulations
5	District F	Snow Geese	No limit	(a) September 6 to the first Friday after September 17 (only on farmland)	20	(i) electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is the open season may be hunted (ii) hunting with bait that is crops that are cut and left on the ground in the fall is permitted if the Minister has given consent in writing under paragraph 62(1)(c) of these Regulations
				(b) the first Saturday after September 18 to the first Saturday after January 1	20	(i) electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is open season may be hunted (ii) hunting with bait that is crops that are cut and left on the ground in the fall is permitted if the Minister has given consent in writing under paragraph 62(1)(c) of these Regulations
				(c) March 1 to May 31, only on farmland that is not within the following locations: (i) south of the St. Lawrence River and north of the road right-of-way of Route 132 between the western limit of the municipality of Montmagny and the eastern limit of the municipality of Cap-Saint-Ignace, other than in lots 4,598,472, 2,611,981 and 2,611,982 of the cadastre of Quebec (in the municipality of Montmagny), (ii) north of the St. Lawrence River and south of a line that is 1000 m north of Highway 40 between Montée Saint-Laurent and the Maskinongé River, or (iii) south of the St. Lawrence River and north of the railroad right-of-way located near Route 132 between the Nicolet River in the east and Lacerte Road in the west	20	Electronic bird calls of Snow Geese may be used. Hunting with bait in the spring is permitted if the Minister has given consent in writing under subsection 61(1) of these Regulations
6	District G	Snow Geese	No limit	The last Saturday of September to December 26	20	Electronic bird calls of Snow Geese may be used. While hunting that species with those calls, any other species of migratory bird for which it is the open season may be hunted

PART 6
Ontario

1 The following definitions apply in this Part.

Central District: means the portion of Ontario included in Wildlife Management Units 42 to 44, 46 to 50, and 53 to 59. (District central)
Hudson-James Bay District: means the portion of Ontario included in Wildlife Management Units 1A and 1B and the portions of Wildlife Management Units 1D, 25 and 26 lying north of latitude 51° and east of longitude 83°45′. (District de la Baie d’Hudson et de la Baie James)
Northern District: means the portion of Ontario included in Wildlife Management Unit 1C, the portions of Wildlife Management Units 1D, 25 and 26 lying south of latitude 51° and west of longitude 83°45′, as well as Wildlife Management Units 2 to 24, 27 to 41, and 45. (District nord)
Southern District: means the portion of Ontario included in Wildlife Management Units 60 to 95. (District du sud)

2 In this Part,

(a) a reference to a Wildlife Management Unit is a reference to that unit in Ontario as referred to in Schedule 1 to Part 6 of Ontario Regulation 663/98 (Area Descriptions) made under the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41, and if a wildlife management unit is referred to by a whole number only, the whole number includes a reference to all of the wildlife management units referred to in that schedule by that number used in combination with a letter or a letter and another number; and
(b) a reference to municipalities where hunting with guns on Sundays is permitted is a reference to those municipalities in Ontario referred to in Schedule 1 to Part 7 of Ontario Regulation 663/98 (Area Descriptions) as being the areas south of the French and Mattawa rivers where it is permitted to hunt with a gun on Sundays under Ontario Regulation 665/98 (Hunting) made under the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41.

3 In this Part, the open seasons set out in Table 1 and Table 2 do not apply to the following areas:

(a) the northeasterly portion of Lake St. Clair that is bounded by a line extending northwest (approximately 315°) from the south bank of the mouth of the Thames River in the County of Essex in Ontario to the international boundary between Canada and the United States and thence northeasterly following the international boundary line to the intersection with the southwesterly shore of Seaway Island, the portion of Rondeau Bay on Lake Erie in the Municipality of Chatham-Kent in Ontario, and the portion of Long Point Bay on Lake Erie in Norfolk County in Ontario that lies westerly of a line extending from the confluence of the waters of Lake Erie with the waters of Cottage Creek across the most westerly extremity of Whitefish Bar Island to the intersection with the southerly shore of Turkey Point, each of those portions being situated beyond 300 m from the shore, from an area of emergent vegetation or from a water line that forms a boundary of private property;
(b) the portion of the St. Lawrence River within Lake St. Francis, lying between the easterly boundary of the dam at the site of the Robert H. Saunders Generating Station and the interprovincial boundary between Ontario and Quebec and situated beyond 300 m from the shore of the mainland or any island, from any area of emergent vegetation or from any water line that forms a boundary of private property;
(c) the following portion of Norfolk Country in Ontario:
- The east quarter of Lot 7 and the west half of Lot 8 extending south of Regional Road number 42 to the northern boundary of the Long Point Conservation Authority Marsh described in instrument number 359664 deposited in the Registry Division of Norfolk; and
(d) the part of the Township of Frontenac Islands in Ontario lying west of the midway point between Howe Island and Wolfe Island and the southeasterly production of that midway point to the international boundary between Canada and the United States and east of a line through the westerly end of Long Point at the westerly end of Wolfe Island and the westerly end of Nine Mile Point on Simcoe Island commencing at the intersection of the southeasterly production of that line with the international boundary between Canada and the United States and ending at the intersection of the northwesterly production of the same line with the boundary of the Township of Frontenac Islands, unless the hunter is
- (i) on the islands,
- (ii) on the shore,
- (iii) standing within an emergent marsh,
- (iv) subject to subsection 41(1) of these Regulations, in a boat located in an emergent marsh contiguous with the shore, or
- (v) in a blind that has been constructed to remain in place for the current hunting season on the shore, in the marsh or within 20 m of shore on a dock connected to shore.

4 For greater certainty, in this Part, a possession limit, open season or daily bag limit applies to all persons.

TABLE 1
Open Season and Daily Bag and Possession Limits in Ontario
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Hudson-James Bay District	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye)	September 1 to December 16	6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks)
		(b) Canada Geese and Cackling Geese, combined	No limit	September 1 to December 16	5
		(c) Snow Geese and Ross’s Geese, combined	No limit	September 1 to December 16	50
		(d) Geese (other than Canada Geese, Cackling Geese, Snow Geese and Ross’s Geese), combined	15	September 1 to December 16	5
		(e) Rails (other than Yellow Rails and King Rails), Coots and Gallinules, combined	30	September 1 to December 16	10 (not more than 8 may be Coots and not more than 4 may be Gallinules)
		(f) Woodcock	24	September 15 to December 16	8
		(g) Snipe	30	September 1 to December 16	10
		(h) Mourning Doves	N/A	No open season	N/A
2	Northern District	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye)	September 10 to December 25	6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks)
		(b) Canada Geese and Cackling Geese, combined	No limit	(i) September 1 to September 9	(A) 10 (in Wildlife Management Units 8, 10, 13, 36, 37, 39, 41 and 45) (B) 5 (in other Wildlife Management Units)
		(b) Canada Geese and Cackling Geese, combined	No limit	(ii) September 10 to December 16	5
		(c) Snow Geese and Ross’s Geese, combined	No limit	September 1 to December 16	20
		(d) Geese (other than Canada Geese, Cackling Geese, Snow Geese and Ross’s Geese), combined	15	September 1 to December 16	5
		(e) Rails (other than Yellow Rails and King Rails), Coots and Gallinules, combined	30	September 10 to December 25	10 (not more than 8 may be Coots and not more than 4 may be Gallinules)
		(f) Woodcock	24	September 15 to December 16	8
		(g) Snipe	30	September 10 to December 25	10
		(h) Mourning Doves	N/A	No open season	N/A
3	Central District	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The third Saturday in September to the first Sunday after December 29	6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks)
		(b) Canada Geese and Cackling Geese, combined	No limit	(i) September 1 to the Friday before the third Saturday in September	10
		(b) Canada Geese and Cackling Geese, combined	No limit	(ii) the third Saturday in September to December 16	5
		(c) Snow Geese and Ross’s Geese, combined	No limit	September 1 to December 16	20
		(d) Geese (other than Canada Geese, Cackling Geese, Snow Geese and Ross’s Geese), combined	15	September 1 to December 16	5
		(e) Rails (other than Yellow Rails and King Rails), Coots and Gallinules, combined	30	The third Saturday in September to the first Sunday after December 29	10 (not more than 8 may be Coots and not more than 4 may be Gallinules)
		(f) Woodcock	24	September 15 to December 16	8
		(g) Snipe	30	The third Saturday in September to the first Sunday after December 29	10
		(h) Mourning Doves	45	September 1 to November 30	15
4	Southern District	(a) Ducks (other than Harlequin Ducks), combined	18 (not more than 1 may be Barrow’s Goldeneye)	The fourth Saturday in September to the first Sunday after January 5	6 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be American Black Ducks)
		(b) Canada Geese and Cackling Geese, combined	No limit	(i) the Thursday after the first Monday of September to the second Sunday after that Monday (excluding Sundays in municipalities where hunting with guns on Sunday is not permitted by provincial regulations)	(A) 10 (in Wildlife Management Units 60 to 81, 83, 86 to 92 and 95) (B) 8 (in Wildlife Management Units 82, 84, 85, 93 and 94)
				(ii) the fourth Saturday in September to the first Wednesday after December 25 (excluding Sundays in municipalities where hunting with guns on Sundays is not permitted by provincial regulations)	(A) 5 (in Wildlife Management Units 60 to 64, 66 to 81, 83, 86 to 92 and 95 from the fourth Saturday in September to the first Friday after October 25) (B) 3 (in Wildlife Management Units 65, 82, 84, 85 and 93 from the fourth Saturday in September to the first Friday after October 25) (C) 5 (in Wildlife Management Units 60 to 93 and 95 from the first Saturday after October 26 to the first Wednesday after December 25) (D) 3 (in Wildlife Management Unit 94)
				(iii) the first Thursday after December 26 to the first Saturday after January 3, excluding Sundays, in municipalities where hunting with guns on Sundays is not permitted by provincial regulations	(A) 5 (in Wildlife Management Units 60 to 93 and 95) (B) 3 (in Wildlife Management Unit 94)
				(iv) the fourth Saturday in February to the following Saturday, excluding Sundays, in municipalities where hunting with guns on Sunday is not permitted by provincial regulations (not an open season in Wildlife Management Unit 94)	(A) 10 (in Wildlife Management Units 60 to 81, 83, and 86 to 92) (B) 8 (in Wildlife Management Units 82, 84, 85 and 93) (C) 5 (in Wildlife Management Unit 95)
		(c) Snow Geese and Ross’s Geese, combined	No limit	(i) the fourth Saturday in September to the first Sunday after January 5 (excluding Sundays in municipalities where hunting with guns on Sundays is not permitted by provincial regulations)	20
		(c) Snow Geese and Ross’s Geese, combined	No limit	(ii) the fourth Saturday in February to the following Saturday, excluding Sundays, in municipalities where hunting with guns on Sunday is not permitted by provincial regulations	20
		(d) Geese (other than Canada Geese, Cackling Geese, Snow Geese and Ross’s Geese), combined	15	The fourth Saturday in September to the first Sunday after January 5	5
		(e) Rails (other than Yellow Rails and King Rails), Coots and Gallinules, combined	30	The fourth Saturday in September to the first Sunday after January 5	10 (not more than 8 may be Coots and not more than 4 may be Gallinules)
		(f) Woodcock	24	(i) September 15 to September 24 (only in Wildlife Management Units 60 to 67 and 69B)	8
		(f) Woodcock	24	(ii) September 25 to December 20 (only in Wildlife Management Units 60 to 95)	8
		(g) Snipe	30	The fourth Saturday in September to the first Sunday after January 5	10
		(h) Mourning Doves	45	September 1 to November 30	15

TABLE 2
Special Measures for Overabundant Species in Ontario
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit	Column 6 Additional Hunting Method or Equipment
1	Southern District (only Wildlife Management Unit 65, 66, 67 and 69B)	Snow Geese and Ross’s Geese, combined	No limit	(a) the fourth Saturday in September to the first Sunday after January 5	20	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is open season may be hunted
				(b) the fourth Saturday in February to the following Saturday, excluding Sundays, in municipalities where hunting with guns on Sundays is not permitted by provincial regulations	20	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is open season may be hunted
				(c) March 1 to May 31	20	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is open season may be hunted

PART 7
Manitoba

1 The following definitions apply in this Part.

Game Bird Hunting Zone No. 1: means the portion of Manitoba lying north of latitude 57°N and the portion lying east of longitude 94°W and north of latitude 56°N. (Zone n^o 1 de chasse aux oiseaux considérés comme gibier)
Game Bird Hunting Zone No. 2: means the portion of Manitoba lying between Game Bird Hunting Zone No. 1 and the following line: commencing at the intersection of the boundary between Manitoba and Saskatchewan and latitude 53°N; thence easterly along that parallel of latitude to the east shore of Lake Winnipegosis; thence southeasterly following the sinuosities of the shoreline of that lake to the northern limit of Township 43; thence easterly along the northern limit of that township to the boundary between Manitoba and Ontario. (Zone n^o 2 de chasse aux oiseaux considérés comme gibier)
Game Bird Hunting Zone No. 3: means the portion of Manitoba lying between Game Bird Hunting Zone No. 2 and Game Bird Hunting Zone No. 4. (Zone n^o 3 de chasse aux oiseaux considérés comme gibier)
Game Bird Hunting Zone No. 4: means the portion of Manitoba included in Provincial Game Hunting Areas 22, 23, 24, 25A, 25B, 27, 28, 29, 29A, 30, 31, 31A, 32, 33, 34, 34A, 34B, 34C, 35, 35A, 36 and 38 as described in Manitoba’s Hunting Areas and Zones Regulation, 220/86, made under The Wildlife Act, C.C.S.M., c. W130. (Zone n^o 4 de chasse aux oiseaux considérés comme gibier)
non-resident of Canada: means a person who is not a resident of Canada. (non-résident du Canada)
resident of Canada: means a person whose primary or habitual place of residence is in Canada. (résident du Canada)

2 For the purpose of paragraph 28(3)(b) of these Regulations, during the period that begins on the first day of an open season set out in Table 1 in respect of Canada Geese, Cackling Geese, White-fronted Geese or Brant and ends on the second Sunday of October, the period during which hunting — in those parts of Game Bird Hunting Zone No. 4 or in Provincial Game Hunting Areas 13A, 14 and 14A, that portion of Area 16 south of the north limit of Township 33 and Areas 18, 18A, 18B, 18C, 19, 19A, 19B, 20, 21A, 23A and 25, as described in Manitoba’s Hunting Areas and Zones Regulation 220/86, made under The Wildlife Act, C.C.S.M., c. W130 — by non-residents of Canada for those species is prohibited begins at noon local time on any day and ends half an hour before sunrise the next day.

3 In this Part, unless otherwise specified, a possession limit, open season or daily bag limit applies to residents of Canada and non-residents of Canada.

TABLE 1
Open Season and Daily Bag and Possession Limits in Manitoba
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Game Bird Hunting Zone No. 1	(a) all Ducks, combined	24	September 1 to October 31	8
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	24	September 1 to October 31	8
		(c) Sandhill Cranes	15	September 1 to November 30	5
		(d) Coots	24	September 1 to October 31	8
		(e) Woodcock	N/A	No open season	N/A
		(f) Snipe	30	September 1 to October 31	10
2	Game Bird Hunting Zone No. 2	(a) all Ducks, combined	24	(i) September 1 to September 7, for residents of Canada only	8
		(a) all Ducks, combined	24	(ii) September 8 to November 30	8
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	24 for residents of Canada 15 for non-residents of Canada	(i) September 1 to September 7, for residents of Canada only	8
			24 for residents of Canada 15 for non-residents of Canada	(ii) September 8 to November 30	(A) 8 for residents of Canada (B) 5 for non-residents of Canada
		(c) Sandhill Cranes	15	September 1 to November 30	5
		(d) Coots	24	(i) September 1 to September 7, for residents of Canada only	8
		(d) Coots	24	(ii) September 8 to November 30	8
		(e) Woodcock	N/A	No open season	N/A
		(f) Snipe	30	(i) September 1 to September 7, for residents of Canada only	10
		(f) Snipe	30	(ii) September 8 to November 30	10
3	Game Bird Hunting Zone No. 3	(a) all Ducks, combined	24	(i) September 1 to September 23, for residents of Canada only	8
		(a) all Ducks, combined	24	(ii) September 24 to December 6	8
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	24 for residents of Canada 15 for non-residents of Canada	(i) September 1 to September 23, for residents of Canada only	8
			24 for residents of Canada 15 for non-residents of Canada	(ii) September 24 to December 6	(A) 8 for residents of Canada (B) 5 for non-residents of Canada
		(c) Sandhill Cranes	15	September 1 to December 6	5
		(d) Coots	24	(i) September 1 to September 23, for residents of Canada only	8
		(d) Coots	24	(ii) September 24 to December 6	8
		(e) Woodcock	24 for residents of Canada 12 for non-residents of Canada	September 8 to December 6	(i) 8 for residents of Canada (ii) 4 for non-residents of Canada
		(f) Snipe	30	(i) September 1 to September 23, for residents of Canada only	10
		(f) Snipe	30	(ii) September 24 to December 6	10
4	Game Bird Hunting Zone No. 4	(a) all Ducks, combined	24 for residents of Canada 24 for non-residents of Canada (not more than 12 may be Redheads or Canvasbacks in any combination)	(i) September 1 to September 23, for residents of Canada only	8
		(a) all Ducks, combined		(ii) September 24 to December 6	(A) 8 for residents of Canada (B) 8 for non-residents of Canada (not more than 4 may be Redheads or Canvasbacks in any combination)
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	24 for residents of Canada 15 for non-residents of Canada	(i) September 1 to September 23, for residents of Canada only	8 (plus an additional 4 in Provincial Game Hunting Area 38)
			24 for residents of Canada 15 for non-residents of Canada	(ii) September 24 to December 6	(A) 8 for residents of Canada (B) 5 for non-residents of Canada
		(c) Sandhill Cranes	15	September 1 to December 6	5
		(d) Coots	24	(i) September 1 to September 23, for residents of Canada only	8
		(d) Coots	24	(ii) September 24 to December 6	8
		(e) Woodcock	24 for residents of Canada 12 for non-residents of Canada	September 8 to December 6	(i) 8 for residents of Canada (ii) 4 for non-residents of Canada
		(f) Snipe	30	(i) September 1 to September 23, for residents of Canada only	10
		(f) Snipe	30	(ii) September 24 to December 6	10

TABLE 2
Special Measures for Overabundant Species in Manitoba
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit	Column 6 Additional Hunting Method or Equipment
1	Game Bird Hunting Zone No. 1	Snow Geese and Ross’s Geese, combined	No limit	(a) August 15 to August 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used.
				(b) September 1 to October 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(c) April 1 to June 15	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used
2	Game Bird Hunting Zone No. 2	Snow Geese and Ross’s Geese, combined	No limit	(a) September 1 to September 7, for residents of Canada only	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(b) September 8 to November 30	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(c) March 15 to May 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used
3	Game Bird Hunting Zone No. 3	(a) Snow Geese and Ross’s Geese, combined	No limit	(i) September 1 to September 16, for residents of Canada only	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(ii) September 17 to December 6	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(iii) March 15 to May 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. From March 15 to March 31, electronic bird calls of Canada Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
		(b) Canada Geese	24	March 1 to March 31	8	Electronic bird calls of Canada Geese may be used. From March 15 to March 31, electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
4	Game Bird Hunting Zone No. 4	(a) Snow Geese and Ross’s Geese, combined	No limit	(i) September 1 to September 16, for residents of Canada only	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(ii) September 17 to December 6	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(iii) March 15 to May 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. From March 15 to March 31, electronic bird calls of Canada Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
		(b) Canada Geese	24	March 1 to March 31	8	Electronic bird calls of Canada Geese may be used. From March 15 to March 31, electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted

PART 8
Saskatchewan

1 The following definitions apply in this Part.

District No. 1 (North): means the part of Saskatchewan included in Provincial Wildlife Management Zones 43 and 47 to 76. (District n^o 1 (Nord))
District No. 2 (South): means the part of Saskatchewan included in Provincial Wildlife Management Zones 1 to 42 and 44 to 46, and the Saskatoon and Regina-Moose Jaw Provincial Wildlife Management Zones. (District n^o 2 (Sud))

2 In this Part, the Provincial Wildlife Management Zones are the areas defined by Saskatchewan’s Wildlife Management Zones and Special Areas Boundaries Regulations, 1990, RRS c W-13.1 Reg 45, made under The Wildlife Act, SS 1997, c W-13.11 of Saskatchewan.

3 For the purpose of paragraph 28(3)(b) of these Regulations, during the period that begins on the first day of an open season set out in Table 1 in respect of Canada Geese, Cackling Geese or White-fronted Geese and ends on October 14, the period during which hunting for those species in District No. 2 (South) and the portion of District No. 1 (North) consisting of Provincial Wildlife Management Zones 43, 47 to 59 and 67 to 69 is prohibited begins at noon local time on any day and ends half an hour before sunrise the next day.

4 For greater certainty, in this Part a possession limit, open season or daily bag limit applies to all persons.

TABLE 1
Open Season and Daily Bag and Possession Limits in Saskatchewan
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	District No. 1 (North) and District No. 2 (South)	(a) all Ducks, combined	24	September 1 to December 16	8
		(b) Canada Geese, Cackling Geese and White-fronted Geese, combined	24 (not more than 15 may be White-fronted Geese)	September 1 to December 16	8 (not more than 5 may be White-fronted Geese)
		(c) Sandhill Cranes	15	September 1 to December 16	5
		(d) Coots	30	September 1 to December 16	10
		(e) Snipe	30	September 1 to December 16	10

TABLE 2
Special Measures for Overabundant Species in Saskatchewan
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit	Column 6 Additional Hunting Method or Equipment
1	District No. 1 (North) and District No. 2 (South)	Snow Geese and Ross’s Geese, combined	No limit	(a) September 1 to December 16	20	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
1	District No. 1 (North) and District No. 2 (South)	Snow Geese and Ross’s Geese, combined	No limit	(b) March 15 to June 15	20	Electronic bird calls of Snow Geese and Ross’s Geese may be used

PART 9
Alberta

1 The following definitions apply in this Part.

non-resident of Canada: means a person who is not a resident of Canada. (non-résident du Canada)
resident of Canada: means a person whose primary or habitual place of residence is in Canada. (résident du Canada)
Zone No. 1: means the part of Alberta included in Wildlife Management Units 200, 202 to 204, 206, 208, 216, 220 to 222, 224, 226, 228, 230, 232, 234, 236, 238, 240, 242, 244, 246, 248, 250, 252, 254, 256, 258, 260, 316, 318, 320, 322, 324, 326, 328, 330, 332, 334, 336 to 340, 342, 344, 346 to 360, 400, 402, 404, 406, 408, 410, 412, 414, 416 to 418, 420, 422, 426, 428 to 430, 432, 434, 436 to 442, 444 to 446, 500 to 512, 514 to 532, 534 to 537, 539 to 542, 544, 841 and 936. (Zone n^o 1)
Zone No. 2: means the part of Alberta included in Wildlife Management Units 102, 104, 106, 108, 110, 112, 116, 118, 119, 124, 128, 130, 132, 134, 136, 138, 140, 142, 144, 148, 150 to 152, 156, 158, 160, 162 to 164, 166, 210, 212, 214, 300, 302 to 306, 308, 310, 312 and 314. (Zone n^o 2)

2 In this Part, the Wildlife Management Units are the areas described in Schedule 9 to Alberta’s Wildlife Regulation, Alta. Reg. 143/1997, made under the Wildlife Act, R.S.A. 2000, c. W-10.

3 In this Part, unless otherwise specified, a possession limit, open season or daily bag limit applies to residents of Canada and non-residents of Canada.

TABLE 1
Open Season and Daily Bag and Possession Limits in Alberta
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Zone No. 1	(a) all Ducks, combined	24 for residents of Canada 24 for non-residents of Canada (not more than a total of 6 may be Barrow’s Goldeneye or Common Goldeneye in any combination)	September 1 to December 16	(i) 8 for residents of Canada (ii) 8 for non-residents of Canada (not more than a total of 2 may be Barrow’s Goldeneye or Common Goldeneye in any combination)
		(b) Canada Geese, Cackling Geese and White-fronted Geese, combined	24 (not more than 15 may be White-fronted Geese)	September 1 to December 16	8 (not more than 5 may be White-fronted Geese)
		(c) Sandhill Crane	15	September 1 to December 16 (in Wildlife Management Units 200, 202 to 204, 206, 208, 220, 222, 226, 228, 230, 232, 234, 236, 238, 240, 242, 244, 248, 250, 252, 254, 256, 258, 260 and 500)	5
		(d) Coots	24	September 1 to December 16	8
		(e) Snipe	24	September 1 to December 16	8
2	Zone No. 2	(a) all Ducks, combined	24 for residents of Canada 24 for non-residents of Canada (not more than a total of 6 may be Barrow’s Goldeneye or Common Goldeneye in any combination)	September 8 to December 23	(i) 8 for residents of Canada (ii) 8 for non-residents of Canada (not more than a total of 2 may be Barrow’s Goldeneye or Common Goldeneye in any combination)
		(b) Canada Geese, Cackling Geese and White-fronted Geese, combined	24 (not more than 15 may be White-fronted Geese)	September 8 to December 23	8 (not more than 5 may be White-fronted Geese)
		(c) Sandhill Crane	15	September 8 to December 23 (in Wildlife Management Units 102, 104, 106, 112, 116, 118, 119, 124, 128, 130, 132, 134, 136, 138, 140, 142, 144, 148, 150 to 152, 156, 158, 160, 162 to 164, 166 and 210)	5
		(d) Coots	24	September 8 to December 23	8
		(e) Snipe	24	September 8 to December 23	8

TABLE 2
Special Measures for Overabundant Species in Alberta
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit	Column 6 Additional Hunting Method or Equipment
1	Zone No. 1	Snow Geese and Ross’s Geese, combined	No limit	(a) September 1 to December 16	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
1	Zone No. 1	Snow Geese and Ross’s Geese, combined	No limit	(b) March 15 to June 15	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used
2	Zone No. 2	Snow Geese and Ross’s Geese, combined	No limit	(a) September 8 to December 23	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
2	Zone No. 2	Snow Geese and Ross’s Geese, combined	No limit	(b) March 15 to June 15	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used

PART 10
British Columbia

1 The following definitions apply in this Part.

District No. 1: means the part of British Columbia included in Provincial Management Units 1-1 to 1-15. (District n^o 1)
District No. 2: means the part of British Columbia included in Provincial Management Units 2-2 to 2-19. (District n^o 2)
District No. 3: means the part of British Columbia included in Provincial Management Units 3-12 to 3-20, and 3-26 to 3-44. (District n^o 3)
District No. 4: means the part of British Columbia included in Provincial Management Units 4-1 to 4-9 and 4-14 to 4-40. (District n^o 4)
District No. 5: means the part of British Columbia included in Provincial Management Units 5-1 to 5-15. (District n^o 5)
District No. 6: means the part of British Columbia included in Provincial Management Units 6-1 to 6-30. (District n^o 6)
District No. 7: means the part of British Columbia included in Provincial Management Unit 7-2 to 7-58. (District n^o 7)
District No. 8: means the part of British Columbia included in Provincial Management Units 8-1 to 8-15, and 8-21 to 8-26. (District n^o 8)

2 In this Part, the Provincial Management Units are the areas shown in British Columbia’s Management Unit Regulation, B.C. Reg. 64/96, made under the Wildlife Act, R.S.B.C. 1996, c. 488.

3 For greater certainty, in this Part, a possession limit, open season or daily bag limit applies to all persons.

TABLE 1
Open Season and Daily Bag and Possession Limits in British Columbia
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	District No. 1	(a) all Ducks, combined	24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Goldeneyes and not more than 6 may be Harlequin Ducks)	The first Saturday after the first Monday in October to the first Sunday after January 19	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
		(b) Canada Geese and Cackling Geese, combined	30	(i) the first Saturday in September to the Tuesday after the second Saturday in September (only in Provincial Management Units 1-1, 1-2 and 1-4 to 1-7)	10
				(ii) the Saturday after the first Monday in October to the first Sunday after November 17	10
				(iii) the first Monday after November 18 to the Friday before the third Saturday in December (only in Provincial Management Units 1-3 and 1-8 to 1-15)	10
				(iv) the third Saturday in December to the first Sunday after January 5	10
				(v) the first Monday after January 6 to the first Sunday after January 19 (only in Provincial Management Units 1-3 and 1-8 to 1-15)	10
				(vi) in a year that is not a leap year, February 10 to March 10 (only in Provincial Management Units 1-1, 1-2 and 1-4 to 1-7)	10
				(vii) in a leap year, February 11 to March 10 (only in Provincial Management Units 1-1, 1-2 and 1-4 to 1-7)	10
		(c) White-fronted Geese	15	The Saturday after the first Monday in October to the first Sunday after January 19	5
		(d) Snow Geese and Ross’s Geese, combined	15	The Saturday after the first Monday in October to the first Sunday after January 19	5
		(e) Brant	N/A	No open season	N/A
		(f) Coots	30	The Saturday after the first Monday in October to the first Sunday after January 19	10
		(g) Snipe	30	The Saturday after the first Monday in October to the first Sunday after January 19	10
		(h) Mourning Doves and Eurasian Collared Doves, combined	N/A	No open season	N/A
		(i) Band-Tailed Pigeons	15	September 15 to September 30	5
2	District No. 2	(a) all Ducks, combined	24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Goldeneyes and not more than 6 may be Harlequin Ducks)	The Saturday after the first Monday in October to the first Sunday after January 19	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
		(b) Canada Geese and Cackling Geese, combined	30	(i) the first Saturday in September to the Tuesday after the second Saturday in September	10
				(ii) the Saturday after the first Monday in October to the first Sunday after November 17	10
				(iii) the third Saturday in December to the first Sunday after January 5	10
				(iv) in a year that is not a leap year, February 10 to March 10	10
				(v) in a leap year, February 11 to March 10	10
		(c) White-fronted Geese	15	The Saturday after the first Monday in October to the first Sunday after January 19	5
		(d) Snow Geese and Ross’s Geese, combined	30 (not more than 15 may be Ross’s Geese). An additional 15 Geese may be possessed in Provincial Management Units 2-4 and 2-5	(i) the Saturday after the first Monday in October to the first Tuesday after December 29	10 (not more than 5 may be Ross’s Geese). An additional 5 Geese may be killed or taken in Provincial Management Units 2-4 and 2-5
				(ii) in a year that is not a leap year, February 20 to March 10	10 (not more than 5 may be Ross’s Geese). An additional 5 Geese may be killed or taken in Provincial Management Units 2-4 and 2-5
				(iii) in a leap year, February 21 to March 10	10 (not more than 5 may be Ross’s Geese). An additional 5 Geese may be killed or taken in Provincial Management Units 2-4 and 2-5
		(e) Brant	9	March 1 to March 10 (only in Provincial Management Unit 2-4)	3
		(f) Coots	30	The Saturday after the first Monday in October to the first Sunday after January 19	10
		(g) Snipe	30	The Saturday after the first Monday in October to the first Sunday after January 19	10
		(h) Mourning Doves and Eurasian Collared-Doves, combined	N/A	No open season	N/A
		(i) Band-tailed Pigeons	15	September 15 to September 30	5
3	District No. 3	(a) all Ducks, combined	24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Goldeneyes and not more than 6 may be Harlequin Ducks)	September 8 to December 23	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
		(b) Canada Geese and Cackling Geese, combined	30	(i) September 8 to September 20	10
				(ii) October 1 to December 23	10
				(iii) March 1 to March 10	10
		(c) White-fronted Geese	15	September 8 to December 23	5
		(d) Snow Geese and Ross’s Geese, combined	15	September 8 to December 23	5
		(e) Brant	N/A	No open season	N/A
		(f) Coots	30	September 8 to December 23	10
		(g) Snipe	30	September 8 to December 23	10
		(h) Mourning Doves and Eurasian Collared-Doves, combined	15	September 1 to September 30	5
		(i) Band-tailed Pigeons	15	September 15 to September 30 (only in Provincial Management Units 3-13 to 3-17)	5
4	District No. 4	(a) all Ducks, combined	24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Goldeneyes and not more than 6 may be Harlequin Ducks)	September 8 to December 23	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
		(b) Canada Geese and Cackling Geese, combined	30	September 8 to December 23	10
		(c) White-fronted Geese	15	September 8 to December 23	5
		(d) Snow Geese and Ross’s Geese, combined	15	September 8 to December 23	5
		(e) Brant	N/A	No open season	N/A
		(f) Coots	30	September 8 to December 23	10
		(g) Snipe	30	September 8 to December 23	10
		(h) Mourning Doves and Eurasian Collared-Doves, combined	15	September 1 to September 30	5
		(i) Band-tailed Pigeons	N/A	No open season	N/A
5	District No. 5	(a) all Ducks, combined	24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Goldeneyes and not more than 6 may be Harlequin Ducks)	September 13 to December 25	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
		(b) Canada Geese and Cackling Geese, combined	30	September 13 to December 25	10
		(c) White-fronted Geese	15	September 13 to December 25	5
		(d) Snow Geese and Ross’s Geese, combined	15	September 13 to December 25	5
		(e) Brant	N/A	No open season	N/A
		(f) Coots	30	September 13 to December 25	10
		(g) Snipe	30	September 13 to December 25	10
		(h) Mourning Doves and Eurasian Collared-Doves, combined	N/A	No open season	N/A
		(i) Band-tailed Pigeons	N/A	No open season	N/A
6	District No. 6	(a) all Ducks, combined	24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Goldeneyes and not more than 6 may be Harlequin Ducks)	(i) September 1 to September 30 (only in Provincial Management Units 6-1, 6-2, 6-4 to 6-10 and 6-15 to 6-30)	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
				(ii) October 1 to November 30	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
				(iii) December 1 to January 15 (only in Provincial Management Units 6-3 and 6-11 to 6-14)	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
		(b) Canada Geese and Cackling Geese, combined	30	(i) September 1 to September 30 (only in Provincial Management Units 6-1, 6-2, 6-4 to 6-10 and 6-15 to 6-30)	10
				(ii) October 1 to November 30	10
				(iii) December 1 to January 15 (only in Provincial Management Units 6-3 and 6-11 to 6-14)	10
		(c) White-fronted Geese	15	(i) September 1 to September 30 (only in Provincial Management Units 6-1, 6-2, 6-4 to 6-10 and 6-15 to 6-30)	5
				(ii) October 1 to November 30	5
				(iii) December 1 to January 15 (only in Provincial Management Units 6-3 and 6-11 to 6-14)	5
		(d) Snow Geese and Ross’s Geese, combined	15	(i) September 1 to September 30 (only in Provincial Management Units 6-1, 6-2, 6-4 to 6-10 and 6-15 to 6-30)	5
				(ii) October 1 to November 30	5
				(iii) December 1 to January 15 (only in Provincial Management Units 6-3 and 6-11 to 6-14)	5
		(e) Brant	N/A	No open season	N/A
		(f) Coots	30	(i) September 1 to September 30 (only in Provincial Management Units 6-1, 6-2, 6-4 to 6-10 and 6-15 to 6-30)	10
				(ii) October 1 to November 30	10
				(iii) December 1 to January 15 (only in Provincial Management Units 6-3 and 6-11 to 6-14)	10
		(g) Snipe	30	(i) September 1 to September 30 (only in Provincial Management Units 6-1, 6-2, 6-4 to 6-10 and 6-15 to 6-30)	10
				(ii) October 1 to November 30	10
				(iii) December 1 to January 15 (only in Provincial Management Units 6-3 and 6-11 to 6-14)	10
		(h) Mourning Doves and Eurasian Collared-Doves, combined	N/A	No open season	N/A
		(i) Band-tailed Pigeons	N/A	No open season	N/A
7	District No. 7	(a) all Ducks, combined	24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Goldeneyes and not more than 6 may be Harlequin Ducks)	September 1 to November 30	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
		(b) Canada Geese and Cackling Geese, combined	30	September 1 to November 30	10
		(c) White-fronted Geese	15	September 1 to November 30	5
		(d) Snow Geese and Ross’s Geese, combined	15	September 1 to November 30	5
		(e) Brant	N/A	No open season	N/A
		(f) Coots	30	September 1 to November 30	10
		(g) Snipe	30	September 1 to November 30	10
		(h) Mourning Doves and Eurasian Collared-Doves, combined	N/A	No open season	N/A
		(i) Band-tailed Pigeons	N/A	No open season	N/A
8	District No. 8	(a) all Ducks, combined	24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Goldeneyes and not more than 6 may be Harlequin Ducks)	September 23 to January 7	8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Goldeneyes and not more than 2 may be Harlequin Ducks)
		(b) Canada Geese and Cackling Geese, combined	30	(i) September 20 to November 28	10
				(ii) December 20 to January 5	10
				(iii) in a year that is not a leap year, February 21 to March 10	10
				(iv) in a leap year, February 22 to March 10	10
		(c) White-fronted Geese	15	September 23 to January 7	5
		(d) Snow Geese and Ross’s Geese, combined	15	September 23 to January 7	5
		(e) Brant	N/A	No open season	N/A
		(f) Coots	30	September 23 to January 7	10
		(g) Snipe	30	September 23 to January 7	10
		(h) Mourning Doves and Eurasian Collared-Doves, combined	15	September 1 to September 30	5
		(i) Band-tailed Pigeons	N/A	No open season	N/A

PART 11
Northwest Territories

1 The following definitions apply in this Part.

non-resident of Canada: means a person who is not a resident of Canada. (non-résident du Canada)
resident of Canada: means a person whose primary or habitual place of residence is in Canada. (résident du Canada)

2 In this Part, unless otherwise specified, a possession limit, open season or daily bag limit applies to residents of Canada and non-residents of Canada.

TABLE 1
Open Season and Daily Bag and Possession Limits in the Northwest Territories
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Throughout the Northwest Territories	(a) all Ducks, combined	No limit for residents of Canada 16 for non-residents of Canada	September 1 to December 10	(i) 25 for residents of Canada (ii) 8 for non-residents of Canada
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	No limit for residents of Canada 10 for non-residents of Canada (not more than 4 may be White-fronted Geese)	September 1 to December 10	(i) 15 for residents of Canada (ii) 5 for non-residents of Canada (not more than 2 may be White-fronted Geese)
		(c) Coots	No limit	September 1 to December 10	25
		(d) Snipe	No limit for residents of Canada 20 for non-residents of Canada	September 1 to December 10	10

TABLE 2
Special Measures for Overabundant Species in the Northwest Territories
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit	Column 6 Additional Hunting Method or Equipment
1	Banks Island and the portions of Victoria Island and of the Queen Elizabeth Islands that are in the Northwest Territories	Snow Geese and Ross’s Geese, combined	No limit	(a) September 1 to December 10	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
1		Snow Geese and Ross’s Geese, combined	No limit	(b) May 1 to June 30	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used
2	Throughout the Northwest Territories except Banks Island, Victoria Island and the Queen Elizabeth Islands	Snow Geese and Ross’s Geese, combined	No limit	(a) September 1 to December 10	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
2		Snow Geese and Ross’s Geese, combined	No limit	(b) May 1 to May 28	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used

PART 12
Yukon

1 The following definitions apply in this Part.

Central Yukon: means the portion of Yukon lying between latitude 62° and 66°N. (Centre du Yukon)
Northern Yukon: means the portion of Yukon lying north of latitude 66°N. (Nord du Yukon)
resident of Yukon: means a person whose primary or habitual place of residence is in Yukon. (résident du Yukon)
Southern Yukon: means the portion of Yukon lying south of latitude 62°N. (Sud du Yukon)

2 In this Part, unless otherwise specified, a possession limit, open season or daily bag limit applies to residents of Yukon and to persons who are not residents of Yukon.

TABLE 1
Open Season and Daily Bag and Possession Limits in Yukon
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Northern Yukon	(a) all Ducks, combined	No limit	(i) August 15 to August 31, for residents of Yukon only	25
		(a) all Ducks, combined	No limit	(ii) September 1 to October 31	25
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	No limit	(i) August 15 to August 31, for residents of Yukon only	15
			No limit	(ii) September 1 to October 31	15
		(c) Sandhill Cranes	N/A	No open season	N/A
		(d) Rails and Coots, combined	No limit	(i) August 15 to August 31, for residents of Yukon only	25
		(d) Rails and Coots, combined	No limit	(ii) September 1 to October 31	25
		(e) Snipe	No limit	(i) August 15 to August 31, for residents of Yukon only	10
		(e) Snipe	No limit	(ii) September 1 to October 31	10
2	Central Yukon	(a) all Ducks, combined	24	(i) August 15 to August 31, for residents of Yukon only	8
		(a) all Ducks, combined	24	(ii) September 1 to October 31	8
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	15	(i) August 15 to August 31, for residents of Yukon only	5
			15	(ii) September 1 to October 31	5
		(c) Sandhill Cranes	4	(i) August 15 to August 31, for residents of Yukon only	2
		(c) Sandhill Cranes	4	(ii) September 1 to October 31	2
		(d) Rails and Coots, combined	No limit	(i) August 15 to August 31, for residents of Yukon only	25
		(d) Rails and Coots, combined	No limit	(ii) September 1 to October 31	25
		(e) Snipe	30	(i) August 15 to August 31, for residents of Yukon only	10
		(e) Snipe	30	(ii) September 1 to October 31	10
3	Southern Yukon	(a) all Ducks, combined	24	September 1 to October 31	8
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	15	September 1 to October 31	5
		(c) Sandhill Cranes	4	September 1 to October 31	2
		(d) Rails and Coots, combined	N/A	No open season	N/A
		(e) Snipe	30	September 1 to October 31	10

TABLE 2
Special Measures for Overabundant Species in Yukon
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit	Column 6 Additional Hunting Method or Equipment
1	Northern Yukon	Snow Geese and Ross’s Geese, combined	No limit	(a) August 15 to August 31, for residents of Yukon only	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(b) September 1 to October 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(c) May 1 to May 28	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used
2	Central Yukon	Snow Geese and Ross’s Geese, combined	No limit	(a) August 15 to August 31, for residents of Yukon only	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(b) September 1 to October 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(c) May 1 to May 28	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used
3	Southern Yukon	Snow Geese and Ross’s Geese, combined	No limit	September 1 to October 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
3	Southern Yukon	Snow Geese and Ross’s Geese, combined	No limit	(b) May 1 to May 28	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used

PART 13
Nunavut

1 The following definitions apply in this Part.

non-resident of Canada: means a person who is not a resident of Canada. (non-résident du Canada)
resident of Canada: means a person whose primary or habitual place of residence is in Canada. (résident du Canada)

2 In this Part, unless otherwise specified, a possession limit, open season or daily bag limit applies to residents of Canada and non-residents of Canada.

TABLE 1
Open Season and Daily Bag and Possession Limits in Nunavut
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit
1	Throughout Nunavut except the portion of the islands and waters of James Bay south of latitude 55°N	(a) all Ducks, combined	No limit for residents of Canada 24 for non-residents of Canada	September 1 to December 10	(i) 25 for residents of Canada (ii) 8 for non-residents of Canada
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	No limit for residents of Canada 15 for non-residents of Canada (not more than 6 may be White-fronted Geese)	September 1 to December 10	(i) 15 for residents of Canada (ii) 5 for non-residents of Canada (not more than 2 may be White-fronted Geese)
		(c) Coots	No limit	September 1 to December 10	25
		(d) Snipe	No limit for residents of Canada 30 for non-residents of Canada	September 1 to December 10	10
2	The portion of the islands and waters of James Bay south of latitude 55°N and west of longitude 80°15’W	(a) all Ducks, combined	18 (not more than 1 may be Barrow’s Goldeneye and not more than 6 may be American Black Ducks)	September 1 to December 10	6 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be American Black Ducks)
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	No limit for residents of Canada 15 White-fronted Geese and Brant, combined, for non-residents of Canada (not more than 6 may be White-fronted Geese) and no limit in respect of Canada Geese and Cackling Geese	September 1 to December 10	(i) 15 for residents of Canada (not more than a total of 5 may be Canada Geese or Cackling Geese in any combination) (ii) 5 for non-residents of Canada (not more than a total of 2 may be White-Fronted Geese)
		(c) Coots	No limit	September 1 to December 10	25
		(d) Snipe	No limit for residents of Canada 30 for non-residents of Canada	September 1 to December 10	10
3	The portion of the islands and waters of James Bay south of 55°N latitude and east of 80°15’W longitude	(a) all Ducks, combined	18 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be Blue-winged Teal)	September 1 to December 10	6 (not more than 1 may be Barrow’s Goldeneye, not more than 1 may be Blue-winged Teal and not more than 4 may be American Black Ducks)
		(b) Canada Geese, Cackling Geese, White-fronted Geese and Brant, combined	20 for residents of Canada 20 for non-residents of Canada (not more than 6 may be White-fronted Geese)	September 1 to December 10	(i) 15 for residents of Canada (ii) 5 for non-residents of Canada (not more than 2 may be White-fronted Geese)
		(c) Coots	No limit	September 1 to December 10	25
		(d) Snipe	No limit for residents of Canada 30 for non-residents of Canada	September 1 to December 10	10

TABLE 2
Special Measures for Overabundant Species in Nunavut
Item	Column 1 Area	Column 2 Species	Column 3 Possession Limit	Column 4 Open Season	Column 5 Daily Bag Limit	Column 6 Additional Hunting Method or Equipment
1	Throughout Nunavut	Snow Geese and Ross’s Geese, combined	No limit	(a) August 15 to August 31	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used
				(b) September 1 to December 10	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting those species with those calls, any other species of migratory bird for which it is the open season may be hunted
				(c) May 1 to June 30	50	Electronic bird calls of Snow Geese and Ross’s Geese may be used

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Since being enacted in 1918, the Migratory Birds Regulations (MBR) have been amended many times, often with isolated changes or fixes being made to deal with specific issues. They have never been subject to a comprehensive review. As a result, the regulatory text and structure, which contained errors and inconsistencies, was complex, outdated, lacked clarity and did not meet current legal standards. These issues in turn led to difficulty in the interpretation of the Regulations, in their application, in ensuring stakeholder compliance, and in their enforcement.

In 1995, the Migratory Birds Convention (the Convention) was amended by what is known in Canada as the Parksville Protocol (the Protocol). Among other things, the Protocol recognized the existing Aboriginal and treaty rights of the Aboriginal people of Canada under section 35 of the Constitution Act, 1982, with respect to harvesting migratory birds and their eggs. The provisions in the Protocol had not yet been implemented into the MBR.

A final issue was that the MBR were not aligned with many of the departmental policy directions, particularly in the area of migratory game bird hunting management. As a result, many issues and concerns, some going back over 30 years, had been repeatedly raised by stakeholders regarding the need for regulatory clarity, for the removal of irritants or burden that did not provide conservation value, and for the introduction of concepts and measures to improve migratory bird management in Canada.

Background

By the early 1900s, the populations of many North American bird species had declined dramatically due to uncontrolled commercial trade in birds and their feathers, as well as overhunting. The last known sighting of the Labrador Duck occurred in 1878, and, by 1914, the Passenger Pigeon, once one of the most common migratory birds in North America, was extinct.

In response, in August 1916, Canada and the United States signed the Migratory Birds Convention (the United Kingdom signing on behalf of Canada). The Convention committed the two countries to the long-term conservation of many of their shared species of migratory birds. In 1917, Canada enacted the Migratory Birds Convention Act (MBCA), and in 1918, the Migratory Birds Regulations (MBR) were enacted in order to implement the Convention.

The MBR serve two main objectives: 1) to protect migratory birds through certain prohibitions and permitting regimes for activities affecting birds, nests and eggs; and 2) to set out the rules for migratory bird game hunting in Canada.

In order to ensure sustainable harvest levels of migratory game bird populations, the hunting provisions of the MBR, which specify open hunting seasons, bag and possession limits, as well as special conservation seasons and measures regarding the management of overabundant species, are updated on a biennial basis. Over the course of the past few decades, policy regarding the management of migratory birds, in particular for hunting, has evolved. The most significant policy change in the management of migratory game birds in Canada has to do with the concept of possession of migratory birds harvested under the authority of a migratory game bird hunting (MGBH) permit. The harvest of migratory birds is regulated by daily bag and possession limits. Implementing possession limits for birds harvested through hunting was originally intended as a way to regulate harvest. However, it has been demonstrated that changes to the daily bag limits, the timing of seasons (opening and closing dates), and the length of the open seasons have the most significant influence on limiting the amount of harvest and in the management of a migratory bird population. Furthermore, rules about the possession limit in the Regulations were complex and unclear, presented enforcement challenges and unnecessary irritants for hunters. Therefore, although possession limits have some value, they needed to be clarified and simplified to maximize their relevance and usefulness.

With regards to nest protection in the current MBR, it is prohibited to disturb, destroy or take the nests of all migratory birds protected under the MBCA, wherever they are found, year-round, for as long as they exist. The Department has long recognized that it is difficult to protect all nests, all of the time, and that what is most important is to protect nests when they provide a conservation benefit to migratory birds. For over a decade, the Department has emphasized, through the review of guidelines and best practices that for those species whose nests are not reused from year to year, the most critical period for protection is when the nest is in use, i.e. during the breeding season. The Department has also emphasized the importance of protecting the nests of migratory bird species whose nests are reused from one year to another at all times. In its guidance, the Department is clear that the MBR legally protect the nests of all migratory birds indefinitely, and that stakeholders are to practise due diligence, and evaluate their risk when undertaking activities that could cause harm to migratory birds and/or their nests. Although this strategy has been beneficial, stakeholders have long expressed the difficulty in protecting all nests at all times, even when practising due diligence and risk avoidance measures, and have asked for regulatory certainty and flexibility. Through time, it has become apparent that the MBR need to reflect the recognition of protecting nests when there is a conservation benefit to migratory birds, which is the intent of the Convention.

Objective

The objectives of the MBR 2022 are to

increase clarity and facilitate interpretation and compliance by updating outdated language, incorporating current legal standards, eliminating errors, inconsistencies and ambiguities, and restructuring the Regulations by placing related information into distinct parts;
ensure that the MBR recognize Aboriginal and treaty harvesting rights according to section 35 of the Constitution Act, 1982; and
improve the ability to effectively manage migratory birds in Canada, in particular, by protecting nests when they have conservation value for migratory birds, as well as clarifying and introducing provisions to support current and new policy on migratory game bird hunting.

Description

In order to achieve these objectives, a comprehensive review of the MBR was conducted, resulting in many of the components of the Regulations being redrafted and reorganized into distinct parts, with some definitions or provisions being removed, while other ones were added. The amendments fall into two categories: those that were made to increase clarity and/or meet current legal drafting standards and do not alter the intent of the former provisions; and those that were made in order to introduce new migratory bird management policy direction, or to respond to issues raised through the years. This section mainly focuses on the latter changes, including the substantive changes made since the proposed draft amendments to the MBR were published in the Canada Gazette, Part I (CGI), and the final Migratory Birds Regulations, 2022 (MBR 2022) published in the Canada Gazette, Part II (CGII).

Part 1 — General

General prohibitions

For most of its existence, the MBR have had distinct and clear prohibitions on certain activities that cause harm to migratory birds. Throughout the years the MBR were amended, resulting in the prohibitions no longer being stand-alone. Activities that cause harm to migratory birds were added to the definition of “hunt,” with hunting being a prohibited activity unless under the authority of a permit. This configuration resulted in the prohibitions no longer being upfront or clear, and caused confusion as some of the prohibited activities included in the definition of hunt (e.g. lie in wait for) could be interpreted to apply to other activities such as birdwatching. The MBR 2022 separate the general prohibitions from the definition of hunt, and make it clear that it is prohibited to capture, kill, take, injure or harass a migratory bird, or to attempt to do so, and that these prohibitions apply to any activity. This change re-establishes the clarity that was present in the MBR from 1918 through to 1971, thus clarifying the link with the Convention, and makes it clear to stakeholders what activities are prohibited, even outside of a hunting context.

Following prepublication in CGI: The MBR included a prohibition against the “attempt to” capture, kill, take, injure or harass a migratory bird. This concept was inadvertently omitted in the draft proposed amendments to the MBR that were published in CGI. In response to stakeholder comments, the final version of the MBR 2022 re-incorporates this prohibition into the regulatory text.

Exception for unoccupied nests

The MBR 2022 include an exception to the prohibition against damaging, destroying, disturbing or removing a nest, if the following conditions have been met:

(a) the nest shelter, eider duck shelter or duck box does not contain a live bird or a viable egg;
(b) the nest does not contain a live bird or viable egg, and it was built by a species that does not appear in Schedule 1 (nests of species that are protected year-round) of the Regulations; or
(c) the nest has been abandoned, and was built by a species that appears in Schedule 1. In this case, a notice must be provided to the Minister of the Environment, and the nest must remain unoccupied from the time the notice is received by the Minister for the period of time indicated in Schedule 1 (12, 24 or 36 months, depending on the species).

Provisions (a) and (b) allow the destruction, damage, disturbance, or removal of non-active nests, which would generally be outside of the vital nesting and rearing (breeding) period, which is when, for most species, nests are required for reproductive success and population vitality. Most species of migratory birds no longer use their nests after this period. Provision (c) protects nests of specific species whose nests are reused by migratory birds in subsequent years and allows for these nests to be damaged, destroyed, disturbed or removed if they no longer have a conservation value, that is, they have not been occupied by a migratory bird for a designated period of time, which would indicate that they have been abandoned. Schedule 1 contains 18 species whose nests are reused, thus protecting these nests year-round, and establishes the minimum number of months for which the nest must have been unoccupied by a migratory bird before the protection can be lifted. The time clock for the period starts on the day that the Minister receives a notification from the proponent who wishes to damage, destroy, disturb or remove the nest. The Department conducted a careful and comprehensive scientific analysis to determine which species’ nests would most benefit migratory birds if they were protected year-round. These details can be found in the “Rationale” section of this document.

Of the 18 migratory bird species that are included in Schedule 1, 11 species are seabirds, 6 are heron species, and 1 is a woodpecker species. For those species included in Schedule 1, the level of protection for their nests remains consistent with the MBR, in that they are protected year-round. However, under the MBR 2022, there is now a mechanism for abandoned nests of these species to be damaged, destroyed, disturbed or removed in a manner that is within the law, providing enhanced flexibility and regulatory certainty.

Following prepublication in CGI: Comments were received during the CGI consultation period requesting that species designated as special concern under the Species at Risk Act (SARA) receive the year-round nest protection afforded by Schedule 1 of the MBR. In response, two seabird species (Cassin’s Auklet and Ancient Murrelet) have been added to Schedule 1 in the MBR 2022. Both of these species reuse their nests from year to year and are listed under SARA as a species of special concern. Since SARA does not protect the residences of species of special concern, adding them to Schedule 1 of the MBR 2022, which provides year-round nest protection, would provide a conservation benefit to these species.

The species included in Schedule 1, with designated wait times, are the following:

Pigeon Guillemot — 12 months
Cassin’s Auklet — 12 months
Rhinoceros Auklet — 12 months
Ancient Murrelet — 12 months
Atlantic Puffin — 12 months
Great Egret — 24 months
Tufted Puffin — 12 months
Great Blue Heron — 24 months
Horned Puffin — 12 months
Cattle Egret — 24 months
Manx Shearwater — 12 months
Green Heron — 24 months
Northern Gannet — 12 months
Snowy Egret — 24 months
Fork-tailed Storm Petrel — 12 months
Black-crowned Night Heron — 24 months
Leach’s Storm Petrel — 12 months
Pileated Woodpecker — 36 months

Signs related to prohibited activities

The MBR 2022 prohibit signs from being destroyed, damaged, altered or removed that have been erected for the purpose of preventing an activity referred to in subsection 5(1) of the MBR 2022. For example, when a compliance order has been issued in an area being developed, game officers can use signs around an area where deforestation is prohibited due to the presence of nesting migratory birds.

Allow the temporary possession of dead, injured or live migratory birds

Under the MBR, it was prohibited to possess a live, injured or dead migratory bird unless authorized by a permit. There are, however, some situations where the temporary possession of a migratory bird can benefit the bird, but due to the need to act quickly, obtaining a permit is not feasible. The MBR 2022 introduce three situations where temporary possession of a migratory bird, excluding their eggs, is allowed without the requirement to obtain a permit.

Migratory birds that are found dead: to allow for either their proper immediate disposal, or to allow for their delivery, as soon as is feasible, for lab analysis, such as to test for avian viruses.
Migratory birds that are found injured: to allow for the delivery, as soon as is feasible, of such birds to wildlife rehabilitation centres to whom the Department has issued a scientific permit for migratory bird rehabilitation.
Migratory birds that are not injured, but are facing an imminent threat and require immediate assistance for their survival, such as freeing a bird that is caught in a net, or rescuing a gosling on a building roof.

Gifting of birds obtained under a permit

The proposed MBR prohibited the gifting of migratory birds obtained under any permit issued under these regulations, if it is of a species that is listed under SARA.

Following prepublication in CGI: In response to stakeholder feedback, an additional change was made to allow the Minister to provide authorization to gift a SARA species that is listed in a permit under the MBR 2022.

Gifting of feathers

The MBR 2022 stipulate that feathers possessed under the authority of any MBR permit or by Indigenous peoples exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982, may be gifted to anyone for educational, social, cultural or spiritual purposes. This excludes for the purpose of hat making or ornamental uses unless the recipient has section 35 rights to do so.

Following prepublication in CGI: A clarification has been added that the provision does not include eiderdown, as it is a different type of feather for which a permit is required to collect, possess or sell.

Recognition of Indigenous rights-based harvest according to section 35 of the Constitution Act, 1982

Section 35 of the Constitution Act, 1982 reads as follows:

35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
35. (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
35. (3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
35. (4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.

The references to Indigenous peoples in the MBR predated section 35 of the Constitution Act, 1982, as well as the Protocol amending the Convention. The MBR referred to Indians and Inuk in several places, but did not refer to Métis or non-status Indians who are also “aboriginal peoples of Canada’’ under subsection 35(2) of the Constitution Act, 1982. Furthermore, the MBR did not describe an Aboriginal or treaty rights-based harvest of migratory birds by Indigenous peoples, therefore making the relationship between the MBR and section 35 rights unclear. In order to deal with the issues described above, several amendments have been made. These changes expressly acknowledge section 35 of the Constitution Act, 1982, and clarify the interaction between the Regulations and section 35 rights.

In order to ensure that Indigenous peoples are accurately represented, the MBR 2022 remove references to specific groups, and instead refer to “a person exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982.” The MBR 2022 ensure that section 35 rights are reflected in appropriate sections, specifically the use and gifting of feathers, the rights for hunting, harvesting and exchanging.

The MBR 2022 provisions for hunting and harvesting recognize that individuals exercising section 35 rights may hunt migratory birds and harvest their eggs without a permit, are not subject to open season dates and so can therefore hunt throughout the year, and are not subject to bag or possession limits. Section 35 rights apply within the geographic area where the rights may be exercised in accordance with the legal principles set down by Canadian courts and the terms of historical treaties, modern land claims agreements and the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples. The MBR 2022 also recognize section 35 rights with respect to other exemptions that are granted under the MGBH permit, those being to give, sell or exchange feathers of a migratory bird for functional and non-ornamental purposes such as fishing flies, bedding or clothing; or to give the bird for the purpose of human consumption (including charitable purposes), taxidermy or to train dogs as retrievers. They also provide an exception from labelling unpreserved birds that are gifted if the recipient has a section 35 right to hunt migratory birds.

For the use and gifting of feathers, the MBR 2022 recognize that individuals exercising section 35 rights may receive a gift of feathers for ornamental use or hat making, and may give or receive feathers for educational, social, cultural or spiritual purposes.

The MBR 2022 clarify that the powers of the Minister to vary the Regulations cannot be used to impose bag or possession limits, or to close a season for individuals exercising section 35 rights, unless limiting the hunting rights of non-section 35 rights holders is not sufficient to achieve the conservation purpose for which the variation was implemented.

Trading rights recognize that individuals exercising section 35 rights may exchange a migratory bird, which includes their parts and eggs, with another person who has the same rights. The MBR 2022 also clarify that when an individual who is exercising a section 35 right is required to label an unpreserved bird, such as when their unpreserved bird is in the possession of someone who does not have the same rights, the label is to include the name of the collectivity that holds the section 35 right under which the bird was taken.

The MBR 2022 provide that beneficiaries of the Inuvialuit Final Agreement (1984) have the right under the Regulations to harvest migratory birds and eggs in the spring within the Inuvialuit Settlement Region. This new provision responds to section 14(37) of the Inuvialuit Final Agreement, which reads in part as follows: “Recognizing the present restrictions of the Migratory Birds Convention Act, Canada undertakes to explore means to permit the Inuvialuit to legally hunt migratory game birds in the spring.”

Part 2 — Hunting migratory game birds

Inclusion of murres as migratory game birds

The MBR, as well as the MBR 2022, allow Common Murres and Thick-billed Murres to be hunted by residents of Newfoundland and Labrador in that province, as it recognizes a traditional activity that was not included when the Convention was first ratified as it occurred prior to Newfoundland and Labrador joining Canada. The 1995 amendment to the Convention recognized murre hunting in Canada, but did not reclassify murres as game birds. In order to increase the accuracy and clarity in the MBR, in Part 2 of the regulations, “migratory game birds” now includes murres, and clarifies that the MGBH permit is required to hunt both migratory game birds and murres.

Stating a purpose for the migratory game bird hunting permit

The MBR 2022 make it clear that a MGBH permit allows the holder to hunt a migratory game bird (excluding their eggs) and to possess hunted birds, primarily for the purpose of human consumption. This in turn supports the new prohibition of the abandonment of harvested birds, as leaving killed birds in the field would be contrary to the purpose of the MGBH permit.

Hunting by minors (under 18 years of age)

Under the MBR, youth or minors (under the age of 18) could hunt migratory game birds under their mentor’s MGBH permit during Waterfowler Heritage Days, which generally occurred from one to seven days before or during the regular hunting seasons, depending on the province, but did not occur in any of the Canadian territories. If minors wished to hunt outside of Waterfowler Heritage Days, they had to purchase a MGBH permit. The MBR 2022 allow minors to obtain both the MGBH permit and habitat conservation stamp free of charge. This provides youth in the provinces and territories with the opportunity to practise their skills with a mentor throughout the full open seasons, as well as the special conservation harvest periods, and provides them with their own bag and possession limits. Holders of the Youth MGBH permit will be required to hunt with a mentor, and a mentor can accompany up to two youths, as was the case with Waterfowler Heritage Days. Two changes were made to the MBR with regards to mentors. The first is that a mentor must have held a MGBH permit at least once in a previous year, and the second is that the mentor will be able to hunt when out with the youth they are mentoring. Permits for youth will only be available for purchase online. In order to avoid confusion, and for regulatory consistency, Waterfowler Heritage Days has been repealed in the MBR 2022.

Hunting methods and equipment

Authorized hunting weapons

In the MBR, only long bows, including both recurve and compound bows, were authorized for hunting migratory game birds. Hunters have long asked that crossbows also be authorized; therefore, the Department has included this in the MBR 2022 as a legal means of hunting migratory game birds, given that it does not pose any conservation concerns.

Hunting with insufficiently powerful bows or inappropriate types of arrows/bolts may result in crippling and the inability to retrieve birds. In order to reduce this risk, specific minimum requirements, similar to provincial regulations, have been introduced for hunting with bows with respect to strength and the type of arrow/bolts or broadheads that can be used. Broadheads used with arrows and bolts require at least two sharp blades and must be a minimum of 22 mm wide.

Under the MBR 2022, it has also been clarified that in the hunting area, while hunting migratory game birds, a person must not possess any of the following:

detachable magazines capable of holding more than two cartridges;
more than one shotgun, unless the extra shotguns are unloaded, and either disassembled or in their case; and
toxic shot, unless hunting for Mourning Dove, Band Tailed Pigeon, Eurasian Collared-dove, American Woodcock or Murres in an area where hunting for these species with toxic shot is authorized by the Regulations.

Following prepublication in CGI: The exemption which allows those individuals with section 35 rights to hunt migratory birds with a shotgun loaded with a single bullet or a rifle of a calibre of not more than 0.22 inches, if they are a resident of and hunting in the Northwest Territories or northern Quebec, has been re-integrated into the MBR 2022.

These provisions were omitted from the CGI proposal in error. If in the future if the Department were to consider removing or altering these provisions, the Department would consult stakeholders on doing so.

Updating the definition of “non-toxic shot”

The MBR defined nine different types of toxic shot and each type of shot was added to the Regulations once its particular composition was tested and approved. With the amendments, a new approach has been adopted for approving non-toxic shot, which replaces all the approved non-toxic shot types listed in the MBR with a generic definition that comprises the elements already tested for toxicity. This provides manufacturers room to adjust the percentages (to a maximum defined in the MBR 2022) of the metals already tested, and should eliminate the need for the Department to make new regulatory amendments every time a new type of shot is developed. Any newly developed shot that falls outside of the maximums defined in the MBR 2022 would still require a submission to the Department for review.

Clarify, consolidate and amend provisions pertaining to the use of vehicles while hunting migratory game birds

The MBR 2022 include an air vehicle that does not have a pilot as being an aircraft. As per Part IX of the Canadian Aviation Regulations, a remotely piloted aircraft system (i.e. a drone) is an aircraft. The MBR 2022, therefore, prohibit the use of remotely piloted aircraft systems (RPAS) for the purpose of hunting migratory game birds. RPAS are gaining in popularity and accessibility for many purposes, and have the potential to be used more widely for waterfowl hunting if not regulated. For instance, they can be used to find, and flush out, and even attract waterfowl. Using RPAS for hunting does not constitute a fair chase and has ethical considerations, and may potentially cause the killing of too many birds, which in turn may create species conservation concerns. Many provinces currently prohibit the use of RPAS for hunting wildlife.

The MBR made it clear that it is prohibited to hunt from a moving boat, with the exception of murre hunting in Newfoundland and Labrador. There was some confusion for certain situations, such as if boat movement due to current or waves made it prohibited to hunt. The MBR 2022 specifically describe when hunting is prohibited due to movement, which is when the boat is moving because of motion that was imparted by the motor or the sails. The MBR 2022 also clarify that a moving boat, including using a motor or sail, is authorized in order to retrieve birds that have been killed or injured while hunting, and retain the exemption that murres may be hunted from a moving boat.

Change in possession — concept of preservation introduced

In the MBR 2022, the concept of possession is that, with the exception of murres, once birds are preserved according to the criteria set out in the Regulations, they no longer count in an individual’s possession limit. This will encourage hunters to preserve birds for future use, thus avoiding waste. A bird will be considered preserved when it is

plucked and eviscerated (or the edible portions removed from the carcass); and then
frozen, made into sausage, cooked, dried, canned or smoked, or when mounted for taxidermy.

Birds preserved during the day they were harvested would continue to count toward the daily bag limit of the hunter who harvested them. Partial processing of harvested birds may occur in the hunting area; that is, they may be eviscerated and plucked, but the meat, along with the fully feathered head or wing, must be retained on the carcasses. The subsequent processes for preserving (freezing, making sausages, cooking, drying, canning or smoking) may be performed anywhere except for the hunting area. Harvested birds would continue to count in the possession limit until they are completely preserved, with the exception of murres, which will continue to count toward the possession limit once preserved. An unpreserved bird would no longer count toward the owner’s possession limit when the bird is gifted to someone and the gift is accepted by the new owner. In this case, it would count in the new owner’s possession limit.

Following prepublication in CGI: Murres will now remain in an individual’s possession limit when preserved. This change, along with other measures, which were proposed at CGI, will together aim to prevent the illegal commercialization of the murre harvest, which has been an ongoing and growing concern for the conservation of these species. Another change is that preservation may occur anywhere except the hunting area. Many comments were received from hunters expressing concern with the requirement for preservation to occur in a residence or non-mobile facility, as it is common for hunters to use a camp site or trailer as their base when hunting.

Requirement to retain fully feathered wing or fully feathered head of unpreserved birds

The MBR 2022 provide the hunter with the choice to retain either the fully feathered head or a fully feathered wing to remain attached to unpreserved carcasses for identification purposes. The provisions governing the daily bag and possession limits and open season dates differ according to each species. For this reason, it is important for game officers to be able to identify the species of birds harvested, which can be done equally well from a fully feathered head as from a wing. This requirement will apply only to unpreserved birds, when they are still in the hands of the hunter who harvested them, are in temporary custody, or have been gifted. It is important to note that a bird that is eviscerated and plucked would not be considered preserved and must have a fully feathered wing or head attached until the migratory game bird is preserved, as defined in the MBR 2022.

Third party possession and labelling requirements

In the MBR, when birds that had been harvested under the authority of a MGBH permit left the custody of the hunter, the requirement was for individual birds to have a tag with the hunter’s name, address, signature, permit number and date of harvest. The MBR 2022 require that one label with the required information be allowed to be placed on packages of unpreserved birds or on a bird within a package. The word “label” has replaced the word “tag.” The labelling requirement only applies to unpreserved birds when gifted or under temporary custody.

An issue under the MBR was that the requirement to label a migratory bird was placed only on the recipient, not on the hunter. Situations had occurred where recipients had not ensured that birds had been properly labelled, therefore making it difficult for game officers to track the origin of these harvested migratory birds. The amendments clarify that a transfer of an unpreserved migratory game bird is not to occur if the bird or package of birds is not properly labelled, and they clearly put the responsibility on the hunter to properly label the unpreserved birds. The recipient who takes temporary possession would no longer have the responsibility to do the labelling, but would need to ensure that it has been done before taking them.

Revised wording regarding retrieval requirements

In the MBR, it was required to retrieve downed birds while hunting, although the provisions on how to do so were not sufficiently clear. The difficulty was that the most appropriate time to attempt retrieval can vary according to the circumstances of the hunt on a given day, and that immediate attempts to retrieve can be dangerous or ineffective. Judgment on the part of the hunter is required. The intent of the Regulations is to minimize the potential of a bird that has been killed, crippled or injured by a hunter from being lost and not included in the daily bag limit. The MBR 2022 clearly express that a hunter is to have adequate means at their immediate disposal to retrieve killed or injured birds and that they are to retrieve the downed bird as soon as the circumstances permit.

Inclusion in daily bag limit of migratory game birds found dead or wounded

Game officers had reported some cases where hunters exceed their daily bag limit and claimed they did not kill the extra birds but, rather, found them on the ground. This situation can arise, for example, when a wounded bird flies some distance away from the hunter who shot it before dying, causing that hunter to lose the bird. The MBR 2022 do not require a hunter to pick up these birds, but rather clarify that killed or wounded birds found and taken by the willing hunter must be included in their daily bag limit and possession limit.

Training retriever dogs

The MBR allowed corporations that train dogs as hunting retrievers, to possess, for the purposes of this training, up to 200 carcasses of migratory game birds taken under a valid MGBH permit. The MBR 2022 extend this possession limit to individuals, for the purpose of training retrievers. Those training dog clubs or individuals may possess harvested birds above the possession limit up to 200 birds, with the exception of murres, by registering with the Department. Records must also be kept, as specified in the MBR 2022, including species and the permit number under which the birds were taken. Migratory game birds used for retriever training also include those taken under the authority of a permit issued for birds causing damage or danger for species hunted in Canada. Finally, the MBR 2022 prohibit that any of these carcasses be of a species of migratory game bird that is listed in Schedule 1 to SARA.

Following prepublication in CGI: The MBR 2022 clarify that it is prohibited to exceed the possession limit of murres for dog training in order to support efforts to stop illegal commercialization of this species. The other change requires that information on the location of storage of the birds be provided, and the birds are to remain in this location unless being used for training. This provision was added to assist game officers in being able to verify compliance. If the birds can be at any, or various locations, it would make it difficult if not impossible to ensure that extra birds in an individual’s possession are in fact for training retriever dogs.

Prohibit the abandonment of harvested migratory game birds

In order to reduce waste, the MBR 2022 prohibit the abandonment of harvested migratory game birds, as well as letting the meat become inedible. The latter provision does not apply to birds used for taxidermy or training retriever dogs. The abandonment and waste provisions are in line with the intent of the MGBH permit, which is that the main purpose of hunting migratory game birds is for human consumption. This is also in line with many provincial and territorial regulations that prohibit the waste of game species.

Hunting in multiple areas — daily bag and possession limits

For daily bag limits, the MBR 2022 clarify that if an individual were to hunt in more than one area within or between provinces, as set out in Schedule 3, in one day, that their limit for the species hunted that day would be the one that is the highest for those areas. It is not a sum of the two (or more) daily bag limits for each area.

For possession limits, the MBR 2022 clarify that if an individual were to hunt in an area within the same province, as is set out in Schedule 3, other than where they are located, then they are authorized to have a total number of unpreserved birds of the species up to the higher of the possession limits for the two (or more) areas. The possession limit would not be a sum of the two (or more) possession limits. This rule also applies to those who hunted in another province other than where they are located, provided they have proof that they are authorized to hunt under provincial law in the other province.

Migratory game birds in transit must be individually identifiable

In order to facilitate the work of game officers, until harvested migratory game birds are preserved, and when they are being transported, they must be stored in a manner such that each individual bird can be separated and identified to the species.

Temporary custody

Some hunters use services offered by outfitters, pluckers and butchers to help with cleaning or preserving their harvested birds, or their birds may be transported by a fellow hunter or friend. These persons can have temporary custody of many migratory game birds at once, which often belong to multiple hunters. Under the MBR, these individuals or small businesses could quickly exceed the possession limit, which was in contravention to these regulations. The MBR 2022 specify that when an unpreserved bird is temporarily provided to a third party, it continues to count toward the owner’s possession limit, and must be labelled according to specifications described in MBR 2022.

Temporary third-party possession of murres

The MBR 2022 include a restriction concerning the temporary possession of murres to ensure that a hunter will not be allowed to temporarily possess unpreserved murres killed by another hunter in excess of twice the daily bag limit. In other words, a hunter can possess his or her daily bag limit and temporarily possess the bag limits of two other hunters. The purpose of this is to tackle illegal commercialization of murres, which is leading to overharvest of the resource. Game officers have encountered situations where individuals have well over their daily bag limit of murres, and claim that they are in the temporary possession of several other hunters’ birds. Furthermore, a definition of a Newfoundland and Labrador resident, which is consistent with the definition contained in the provincial Wild Life Act, has been included to add clarity.

Gifting of harvested migratory game birds

The MBR 2022 clarify when birds hunted under the authority of a MGBH permit, or in accordance with a section 35 right, may be gifted, which is; for human consumption (including charitable purposes), taxidermy or in order to train dogs as retrievers. The Regulations clarify that a migratory game bird that is not preserved counts towards the owner’s possession limit until the bird that has been gifted is accepted by the new owner. The purpose is to prohibit hunters from dumping (e.g. leave on a doorstep) their harvested birds claiming that they are gifting the birds, when the recipient has not accepted them, and may not want to or cannot use them.

Part 3 — Overabundance, damage and danger

Hunting provisions apply when harvesting overabundant species

As was the case with the MBR, many of the provisions that apply to hunting also apply when harvesting overabundant species since this activity is authorized under the MGBH permit. Along with existing provisions that do not have important changes, the new provisions apply accordingly, and include the following: hunting by minors, retrieval, preservation, possession, temporary third-person possession, labelling, training retriever dogs, retaining a fully feathered head or wing, gifting, as well as the prohibition on abandonment.

Gifting of birds

The MBR did not allow for the gifting of birds taken under Damage and Danger permits, which sometimes led to waste. The MBR 2022 allow for birds taken under the authority of a Damage or Danger permit to be gifted for the purpose of consumption, charity, training retriever dogs and for taxidermy, if the species is one for which there is an open season in Canada. The requirement that the person to whom the bird is being gifted must accept the gift applies, as does the requirement that the unpreserved bird or group of birds be labelled, and that each carcass retains a fully feathered wing or head. This amendment does not apply to airport permits.

Prohibition on use and possession of toxic shot

The MBR 2022 specify that toxic shot may not be used or possessed under a Damage or Danger permit for the purposes of scaring or killing birds.

Change in the definition of decoy

For the purposes of provincial kill permits and federal scare and kill permits, the MBR 2022 define decoy as an artificial bird or any device that imitates the colour, shape or size of a migratory bird and may attract migratory birds. This therefore includes all means used to attract migratory birds, such as using white plastic bags in a field to attract Snow Geese. This provides clarity, as the use of decoys is prohibited under these permits.

Part 4 — Other permits

Scientific permit — rehabilitation

For several years, scientific permits for rehabilitation purposes have been issued to rehabilitation facilities, yet the former MBR were not clear that it was one of the allowable purposes. The MBR 2022 therefore add rehabilitation as a purpose. It will remain the policy of the Department that scientific permits for the purpose of migratory bird rehabilitation only be issued to facilities that meet the policy requirements.

Qualifications

The MBR were very specific as to whom a scientific permit may be issued, and the application had to include a statement from at least two qualified ornithologists recommending that the permit be issued. These rigid requirements meant that some otherwise valid applicants, whose activity met the required purpose and who were qualified to conduct the activity, were not able to obtain a permit. The MBR 2022 allow the Minister to evaluate if the person has the skills required to perform the requested activity for scientific, educational or rehabilitation purposes.

Aviculture permit — feed not visible to wild migratory game birds before and during open season

The MBR 2022 include a requirement that in the 14 days before and during an open season in the area, that feeding of the captive birds must not be visible to birds flying overhead. This is to prevent unintentional and intentional baiting of wild migratory game birds. The MBR 2022 will also allow avicultural permit holders to give birds to each other.

Charity permit — new permit

Under the MBR, it was not possible for birds to be gifted for charitable events (e.g. food banks, soup kitchens) or for activities that could be viewed as commercialization (e.g. fundraising dinners). The MBR 2022 create a Charity permit to authorize the permit holder to possess preserved legally harvested migratory game birds, and also to allow these birds to be served as a meal (in the case of a soup kitchen or fundraising dinner) or distributed as they were received (in the case of a food bank). There is no charge for this permit. Migratory game birds for which there is an open season in Canada, that are taken under the authority of an MGBH permit, the appropriate permit for birds causing damage or danger, or section 35 rights, may be donated or given for the purposes set out in the Charity permit. All birds must be preserved in order to be possessed under the authority of this permit. Fees must not be charged for the meal where the migratory game birds are served although, for fundraising purposes, there may be a charge for the event itself. Profits made from these fundraising events where migratory game birds are served must be used for the conservation of wildlife. The MBR 2022 require that the holder of the Charity permit keep records regarding the number of preserved birds received in each calendar year, and in the case of fundraising events, that records of expenditures and revenues, as well as how the profits were used, be kept for one year after the event.

Following prepublication in CGI: Based on stakeholder feedback, revenues from the charitable event do not need to be used specifically for the conservation of migratory birds, but may be used more broadly for the protection or conservation of wildlife.

Reorganization and redrafting of Schedule 3 tables

A change from the CGI proposal is that the Schedule 3 tables have been reorganized, and have undergone a legal drafting review. For the reorganization, the separate open season tables and the bag and possession limit tables have been combined into one table (new Table 1). All footnotes have also been incorporated into the appropriate table. The legal review resulted in changes to wording of some provisions in order to bring the language in line with current legal drafting conventions, but their intent has not changed. Provisions that do not fall under federal responsibility and are regulated by the respective provinces, such as falconry seasons, have been removed from the MBR. These provisions still apply in conjunction with the MBR, and will be included in compliance promotion materials (e.g. annual hunting regulation summaries that are distributed with the MGBH permits).

Consequential amendments

Several other regulations and schedules refer to provisions in the MBR. They are the Environmental Violations Administrative Monetary Penalties Regulations, Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations, Contravention Regulations, Migratory Birds Sanctuary Regulations, Wood Buffalo National Park Game Regulations, National Parks Wildlife Regulations, Schedule VI to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, Schedule 2 to the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, Preliminary Screening Requirement Regulations and Schedule 2 to the Canada Oil and Gas Operations Act. The MBR 2022 have been completely reorganized, which means that the provisions that are currently referred to in these other regulations are no longer accurate. In order to address this, the appropriate provision in these regulations that references the MBR has been updated so that the reference remains valid.

Regulatory development

Consultation

National Indigenous representative organizations, councils and wildlife management boards were consulted through email and fact-to-face meetings on the nature and scope of the proposed amendments to the MBR relating to section 35 rights in 2013 and 2014. There was a general appreciation that the language regarding Indigenous peoples would be updated and that section 35 hunting rights would be reflected in the MBR 2022. Since the pre-consultations, the Department has also provided updates to Indigenous peoples at various wildlife management board meetings, at regional meetings and workshops.

For the hunting amendments, initial targeted pre-consultation occurred in 2013 with key stakeholders (provincial, territorial and U.S. governments and large hunting organizations) and then in 2014, a consultation document was prepared seeking feedback from the broader public and stakeholders, which was posted on the departmental website and was also distributed to an extensive list of stakeholders. These consultations engaged hunting and conservation organizations; individual hunters; provinces and territories; and the U.S. government, and others interested in migratory bird conservation. Support for the hunting management proposals was widespread and strong. Since these consultations, the Department has met annually with many hunting stakeholders, including the provinces and territories, hunting groups, and others, and provided regular updates on the modernization initiative. In 2017, the Department conducted consultations regarding the proposal to repeal baiting authorizations, as well as to prohibit the intentional flooding of crop fields in order to attract migratory game birds for hunting. Overall, the consultations generated mixed feedback. The Department decided not to advance the proposal at this time.

The exceptions from the prohibitions pertaining to nests were not part of the original proposals for modernizing the MBR and, therefore, there was no formal early consultation before publication of the proposed regulations in CGI for public comment. However, the proposal that nest protection apply only when they have conservation value (i.e. during the breeding season for most species) arose as a result of informal feedback received from stakeholders consistently over the years. Issues regarding the destruction of migratory bird nests outside of the breeding season were also on the rise, which had increased uncertainty among stakeholders. A concern that had been consistently raised by stakeholders was that, even if they do practise avoidance guidelines, they still could be considered to be in contravention of the MBR for destroying nests that are not occupied by nesting birds or are not reused. This could lead to stakeholders choosing not to follow nest protection guidelines or not to practise due diligence, resulting in more harm to migratory birds. For these reasons, it was determined that this was an issue that needed to be resolved by the current regulatory process.

Canada Gazette, Part I, summary

The proposed amendments were published in CGI on June 1, 2019, for a 60-day comment period. At the request of some Indigenous groups and stakeholders, the comment period was extended to 122 days (to September 30, 2019). A notice informing Canadians of the extension was published in CGI on August 17, 2019. The Department sent out over 3 000 emails to stakeholders, namely hunting organizations, hunters, conservation organizations, Indigenous groups, industry, other governments, and interested individuals, informing of the CGI publication and comment period. Numerous messages were also posted by the Department on various social media platforms. This was followed by, upon request, several presentations and discussions (either in person or by teleconference) with various stakeholders and Indigenous groups.

A total of 246 submissions were received during the CGI comment period and were primarily from hunters and hunter organizations, industry (forestry, mining, oil and gas, electric utilities, agriculture), government (federal, provincial, municipal), Indigenous groups (e.g. governments, representative organizations, communities, wildlife management boards, other collectives), environmental consultants, academics, ornithologists, conservation organizations, animal advocacy organizations and individual Canadians. The Department received a wide variety of feedback. Overall, comments were very positive in relation to the increased clarity and improved organization of the proposed Regulations. Feedback was also very positive with regard to the proposed updated language for the Indigenous provisions as well as the recognition of section 35 rights, although some Indigenous groups did have suggestions for improvement, and some concerns were expressed. In general, proposals to improve the management of hunting were very well received, although a limited number of provisions received mixed feedback, and some concerns were raised. Differing reactions to the nest protection provisions were received, with some strong views being expressed. The following is a general overview of the main comments received regarding the proposals put forward at CGI publication. They are presented by section or subject, and include the Department’s response to the concerns raised.

Part 1 — General

General prohibitions

Positive comments were received from some individuals, as well as animal advocacy organizations regarding the increased clarity and visibility of the prohibitions on causing harm to migratory birds.

Some stakeholders expressed concern that this unduly broadened the scope of the prohibitions, and that the protection to birds would now cover non-direct, incidental harm to migratory birds.

The MBR 2022 clarify the prohibitions against activities that cause harm to migratory birds, bringing back the clarity that was in the MBR for most of its existence, and ensures that the intent of the Convention, to protect migratory birds and their nests, is clearly reflected. These protections were also evident in long-standing Departmental information and guidance provided to stakeholders, including on minimizing the risks to migratory birds and their nests, including incidental take, as well as enforcement policy and action. As was the case in the MBR, the MBR 2022 allows the killing or harm of migratory birds for certain circumstances under the authority of a permit.

It was also pointed out in a submission from a federal partner that the concept of “attempt” was no longer in the prohibitions, and was required as it is used to stop attempts at causing harm (e.g. attempting to catch a bird in a net). Its exclusion was an oversight, and the Department recognizes that this is an important element to retain. Therefore, this concept has been returned to the MBR 2022.

Incidental take provisions and additional protections not included in proposal

Many comments were received, mostly from industry but also from provincial and local governments, conservation organizations and an individual, expressing that the MBR should include provisions or permits that would allow for the incidental take (or harm) of migratory birds and/or their nests. Some industry felt that the prohibitions should not include harm that is done incidentally to their activity, while most expressed that the regulations should include exemptions if certain conditions are met, such as for when best practices or certification requirements are followed, conditions for conservation are met and due diligence measures are taken to minimize overall harm to migratory birds and/or their nests.

The Department has put significant effort and resources into putting an incidental take management system in place, and works cooperatively with stakeholders to minimize the risk of causing harm to migratory birds, to achieve compliance with the law and to maintain sustainable populations of migratory birds. This is done through several means, such as providing avoidance guidelines and recommending management and conservation actions. The Department also studies the impact of incidental take on migratory birds, their nests and eggs, as well as the effectiveness of mitigation measures, and supports several conservation organizations in their outreach efforts. The Department feels that this extensive strategy has benefited stakeholders, as well as migratory birds, yet does recognize that there is a desire to take a regulatory approach, as evidenced by the many comments received during the consultation period on this issue. The Department will continue to communicate and work with stakeholders on this, and will continue to explore, analyze and evaluate the feasibility of implementing a regulatory approach that would provide both regulatory certainty, as well as continued protection for migratory birds in Canada.

Exception for unoccupied nests

The majority of the comments received were generally positive regarding the exceptions from the prohibitions pertaining to nests. Stakeholders, including various industry representatives, consultants, provincial governments and several individuals welcomed the long sought flexibility and regulatory certainty that this clarification provides, and agreed that for many species, the nest is not required outside of the breeding season. However, stakeholders raised some concern, including several individuals, an ornithological society, some conservation organizations and an Indigenous community, that removing year-round protection for all nests was a weakening of protection for migratory birds, may be difficult to enforce, and would further facilitate habitat destruction. Some also indicated that the revised MBR should include provisions that strengthen migratory bird habitat protection. Several individuals proposed that industrial activities that cause harm to nests should not be able to occur at all during the spring or summer when breeding occurs, with some also indicating that the precautionary approach was put aside to benefit industry.

The Department has long recognized that for most species of migratory birds, the viability of their populations is dependent on protecting their nests when they are in use. Therefore, the approach of the MBR 2022 is to focus the protection of nests when they are of conservation value for migratory birds. The intent is to improve compliance, as it allows some flexibility with respect to undertaking activities that would damage, destroy, disturb or remove nests, while maintaining the intent of conserving migratory birds. Through much experience in working with stakeholders, the Department has seen that when undertaking due diligence, and planning to avoid risk to migratory birds, activities can occur without a significant negative impact on migratory birds. While no changes have been made following the CGI comment period, the Department will continue to promote precaution and due diligence in order to avoid harm and disturbance to nests and birds, which in many cases may mean planning activities outside of the breeding season, as well as possible enforcement action when necessary.

Although primarily out of scope of the Regulations, the Department also recognizes that habitat protection is important for the vitality of migratory birds. The Department therefore implements the habitat conservation aspects of the Convention through many avenues, such as through the creation and management of protected areas (migratory bird sanctuaries and national wildlife areas) and working cooperatively with other countries to conserve habitats and to minimize threats throughout the full life cycle of our shared migratory bird populations.

Requirement for live bird or viable eggs

Several stakeholders, including some individuals, experts, ornithological associations, other governments, animal advocacy organizations, and one business raised concern that protecting nests only when there is a live bird or viable eggs is too limited. They indicated that the Regulations should also protect nests that show evidence of use or occupation, specifically when they are under construction, or have recently been built but where eggs have not yet been laid, as their removal would result in a lost energy investment for the bird, and possibly undue stress. It was also noted that sometimes birds will leave their nests temporarily to come back to lay their eggs, or will even reuse it in a season for a second clutch. Several stakeholders commented that in many cases it would be difficult to know the status of each nest, if they were under construction, or if they contained eggs or chicks, and that trying to determine this could cause unnecessary disturbance and possible harm to migratory birds, and would be difficult to enforce. Two agricultural associations felt that it was unrealistic to expect their members to be able to identify the species of bird to which a nest belongs, and to determine if the nest is occupied or not.

A possible benefit of being able to destroy a nest while under construction, or that was recently made but does not yet have eggs or young, is that it can deter a bird from nesting where it will not be able to safely rear their young (e.g. on machinery, a bridge that is scheduled to undergo maintenance, etc.). For most species of migratory birds, having to build another nest before laying eggs should not have a significant effect on their reproductive success. On the other hand, the chances of negatively affecting reproductive success when a nest that has eggs or young is relocated would be higher. Determining with certainty if a nest contains viable eggs or a live bird can be difficult, and in certain circumstances, may only be done in a non-intrusive manner by a professional or someone with adequate experience. As has been done in the past, the Department will continue to promote and make available guidelines as well as tools to help stakeholders better plan their activities in order to reduce risk to migratory birds. It will also continue to promote the precautionary approach in cases of uncertainty. In order to be in compliance with the MBR 2022, the nests that will be important to identify to the specific species will be those listed in Schedule 1. In the areas not on the sea coast, the identification would be limited to Pileated Woodpecker and heron nests, which are distinct from each other and those of other migratory birds, and are also easily identifiable outside of the breeding period when not occupied. If a migratory bird nest is identified as not belonging to a species listed in Schedule 1 of the MBR 2022 and the species is not listed under SARA then it can be destroyed when it is not occupied by a live bird or a viable egg.

Schedule 1 species

There was overall support for the inclusion of Schedule 1 in the Regulations, and general agreement that the nests of some migratory bird species should be protected year round. However, some strong concerns were raised, particularly regarding what species were included, or left out of, Schedule 1.

Pileated Woodpecker

Feedback from industry and industry associations expressed a high level of concern with the inclusion of the Pileated Woodpecker in Schedule 1. Other levels of government, although not in disagreement with this species being included in Schedule 1, also indicated some concern. A main issue raised by industry stakeholders, and to a more limited degree by some municipal and provincial governments, was the perceived associated cost and burden that, in their view, would be incurred. An industry association submitted an impact assessment to the Department which provides an estimate of the potential costs to the forest industry associated with conducting surveys to find all active and unoccupied nests for this species, as well as protecting these nests for 36 months. Industry representatives also indicated that they may need to effectively provide notifications for more abandoned Pileated Woodpecker nest cavities than what they would eventually take action on, as they may not know which ones they might wish to destroy in the coming years, and expressed concern with having to monitor abandoned cavities for 36 months. Some industry representatives questioned the conservation value of including Pileated Woodpecker in Schedule 1, as they felt that the occurrence of these cavities being used for nesting by migratory bird species was low. Several stakeholders requested that flexibility be included in the regulations for Pileated Woodpecker to authorize their nest destruction before 36 months in certain situations, and/or for the Department to allow for notifications to be retroactive for those discovered before the MBR 2022 come into force.

Various industry stakeholders and other levels of government indicated that the blanket requirement for this species could lead to inappropriate conservation decisions in project planning where avoidance of a nest cavity could lead to better overall wildlife habitat being lost, or that snag trees may be removed proactively before a cavity could be made in the tree. It was also suggested that the MBR be integrated with existing provincial regulations and/or voluntary beneficial management practises so that they may be employed together at a landscape level for overall wildlife conservation, and integration with provincial occupational health and safety regulations. Various industry representatives indicated that the existing damage and danger permitting process be streamlined and updated in order to better meet operational realities, in particular for replacing utility poles damaged by Pileated Woodpecker cavities.

The MBR 2022 do not impose increased protections for nests over the former MBR, which protected the nests of all migratory birds listed in the Convention, including woodpeckers, year round, for as long as these nests existed. As there is not an incremental increase in the protection provided by the MBR 2022, they cannot be considered to impose incremental or new additional costs on stakeholders. In fact, the MBR 2022 add flexibility in that they allow for nests of most species to now be legally destroyed if not occupied by viable eggs or a live bird. In order for proponents to have been in compliance with the former regulations, they would have had to be aware of the presence of migratory bird nests before conducting their activity, which would have included Pileated Woodpecker nest cavities, and would have had to leave them undisturbed on the landscape indefinitely. The fact that proponents may not have fully complied with the MBR requirements in the past does not mean that the MBR 2022 will create new costs to businesses.

While the Pileated Woodpecker is found across many regions of Canada, the range of one breeding pair requires a large area of mature forest, so they are sparsely distributed across the landscape. Industrial activities also generally take place in limited areas. Moreover, there are currently other programs that support the protection of biodiversity, including migratory birds, which would also already require monitoring and mitigation activities when conducting industrial activities. For instance, over 70% of Canadian managed forests are currently subject to at least one of the three main certifications (Canadian Standards Association, Forest Stewardship Council, Sustainable Forestry Initiative), with some forests subject to multiple certifications. Along with these certifications there are also other existing measures, such as best management practices for eco-sensitive zones, as well as compliance with other regulations (e.g. provincial wildlife protection laws, SARA). As was done with the MBR, the MBR 2022 is to be applied in conjunction with these other programs and protections so that overall appropriate conservation decisions are made for wildlife, including the Pileated Woodpecker and other migratory birds.

Although the notification process does introduce administrative burden, it also provides for a legal means to destroy the abandoned nests of those species listed in Schedule 1, which was not legally possible under the former Regulations. The Department recognizes the feedback that stakeholders may need to submit more notifications than what they will actually destroy, so it has increased the estimated numbers in the administrative burden analysis. As for monitoring abandoned nests, the MBR 2022 do not dictate or determine a required level of monitoring, although to determine if a nest has been abandoned, it will be necessary that verifications occur during a period when such a nest could reasonably be expected to be in use. Notices with dates from before the amended regulations are in force cannot be accepted, as the provisions around this can only be implemented once the MBR 2022 are in effect. As for the conservation value of including the Pileated Woodpecker in Schedule 1, there is extensive documentation that they are a keystone species for the cavity nesting community. Cavities are a critical and limiting resource for many migratory birds, both for nesting and for overwinter survival. In one study,^{footnote 7} four out of five Pileated Woodpecker cavities were being used, which shows just how in demand, and how important, their cavities can be. Furthermore, some species may favour only nesting cavities that are a few years old, so if only active nests are protected there may be a negative bias in the conservation of secondary cavity nesters.

In the situation of public safety, proponents are advised to conduct risk analysis and practise due diligence, as was done under the MBR. The Department will explore possible options of regulatory alternatives for situations of public safety, which may be the subject of future consultations. The Department has also started to explore the possibility of developing a streamlined permitting process for nest removal where the nest or birds are causing damage or danger. The MBR 2022 will be required to be applied in conjunction with existing provincial regulations, as was the case under the MBR. For instance, in forestry operations, when a tree that is considered a danger to workers contains a Pileated Woodpecker nest cavity, both the MBR 2022 and the provincial laws regarding health and safety would need to be followed, which may mean that a buffer is maintained around the tree, within which workers are not to enter.

Species included in Schedule 1 should be expanded

Many stakeholders including ornithologists, academics, experts, conservation organizations, animal advocacy organizations, other governments, as well as Indigenous groups, indicated concern that the species included in Schedule 1 was not extensive enough, and that the precautionary principle was not being followed. Although there was high support for Pileated Woodpecker being in Schedule 1, there were many calls for all woodpecker species to also be included, or at a minimum for the Northern Flicker, whose cavities are used by many secondary cavity nesting species, to be added. Several stakeholders indicated that not including more woodpecker species in Schedule 1 represented an important lack of protection of a critical long-term resource for many primary and secondary cavity nesting species, and could result in lower reproduction rates. They also argued that when a primary cavity excavator reuses an old nest rather than having to excavate a new one, they can experience higher reproductive success. Various stakeholders and Indigenous groups indicated that additional species that reuse their nests, particularly seabirds and species listed under SARA classified as special concern, should also be included in Schedule 1. Some stakeholders also urged that instead of a 12 month wait time for listed seabirds, it should be 24 months, or two breeding seasons, to account for oceanographic anomalies, such as El Niño-Southern Oscillation, which may cause seabirds to skip a year of nesting.

The criteria used to develop the list of species included in Schedule 1, which is explained in the rationale section, is based on sound biological evidence, as well as practicality of what can reasonably be identified by proponents, and enforced. The Department agrees that the cavities made by all species of woodpecker are important for secondary cavity users. However, given that many species of woodpeckers make very small inconspicuous cavities that can be difficult to find and identify, most woodpecker species are excluded from year-round protection. For these species, compliance by proponents and enforcement would be extremely difficult. However, the Pileated Woodpecker makes large conspicuous cavities that are easy to identify outside of the breeding season without an adult bird present. Furthermore, Pileated Woodpecker cavities may be a critical resource for large secondary cavity-using species that cannot use cavities excavated by smaller woodpeckers, and because of this ecological role, the Pileated Woodpecker is included in Schedule 1. The Department will continue to monitor all migratory bird populations with the exceptions from the prohibitions pertaining to nests. If downward population trends are shown for certain species, then the Department will evaluate adding these affected species, or for secondary cavity users, other woodpecker species, to Schedule 1.

The Department agrees that those species that reuse their own nests, and are listed as special concern under SARA, would benefit from their nest receiving year-round protection. Two species fall into this category: Ancient Murrelet as well as Cassin’s Auklet, both of which have thus been added to Schedule 1 of the Regulations. The Department maintains that the mandatory wait time of 12 months to destroy the abandoned nest of seabirds is adequate. As the determination that a nest is abandoned can only reasonably be done during a period when they would be expected to be in use, verifying if the nest is still abandoned 12 months later, would mean that it has been observed as abandoned for two breeding seasons.

Following the coming into force of the MBR 2022, the Department will assess the effectiveness for conservation of the protections provided by Schedule 1, including the listed species, as well as the designated wait times to destroy an abandoned nest. An assessment will also be done for the associated processes and systems regarding notifications. The Department will also continue dialogue with stakeholders. If these evaluations lead the Department to recommend changes to Schedule 1, for example to add flexibility to the current requirements, or to add a species, consultation would first occur with stakeholders before a proposal was put forward.

Following the delay in the anticipated 2021 publication, the Department received 13 additional submissions, with 9 being from industry and industry associations, and 4 being from conservation or hunting groups. The industry submissions represented 14 associations or companies, with 8 being from proponents that did not comment during the CGI comment period. Most of the industry comments reiterated the concerns previously raised during the CGI comment period regarding Pileated Woodpecker being included in Schedule 1, with several also requesting that the coming into force of the nest protection requirements for Pileated Woodpecker be delayed until such time as practical compliance approaches are in place for industry. The Department has continued to discuss these concerns with industry. The Department is of the view that the three-year time period since the proposal was published in CGI in June 2019, has provided industry with sufficient time to prepare for any changes to their previous methods of achieving compliance with the Migratory Birds Regulations, to meet the requirements of the MBR 2022.

The 4 submissions received from conservation or hunting groups each expressed concern and frustration that the final regulations had not yet been published, and cited various benefits the modernized regulations would have, including for the conservation of migratory birds, hunting, and for recognizing Indigenous harvesting rights.

Going forward, the Department will continue discussions with stakeholders, including industry, conservation groups, experts/academia, as well as Indigenous partners and other governments, to ensure that the regulations continue to evolve with current realities while conserving migratory birds.

Traffic (international trade) between Canada and the United States

One stakeholder indicated that the wording of this provision was overly complex and difficult to understand. This provision was reviewed in more depth, and it was determined that it was no longer necessary as changes to the MBCA and other wildlife regulations that have been enacted since its development effectively provide protections in the international trade of migratory birds and their nests.

Allow the temporary possession of dead, injured or live migratory birds in certain circumstances

Overall feedback received on the proposed exemptions was positive. A veterinary association, a veterinarian, as well as an individual requested that the exemption allowing for temporary possession of injured migratory birds be extended to include veterinary clinics, as well as animal shelters such as the Society for the Prevention of the Cruelty to Animals (SPCA). Some stakeholders, such as an avian research centre and a provincial Ministry, suggested that the exemption for found dead birds be broadened to include museums or conservation organizations (e.g. for window strike fatality counts) so that they may be used for educational or research purposes. A provincial Ministry, as well an individual, suggested that the exemption be broadened to include eggs, so that, in certain situations, they could be hatched and the young released into the wild, which could benefit some species at risk. Two Indigenous groups expressed concern with the possible implications of allowing birds killed by industrial activity to be legally possessed and disposed of, and felt that the Regulations should require that these deaths be reported, documented, and, in certain cases be taken to a lab to determine the cause of death.

The Department will consider and analyze the possible outcomes regarding broadening the temporary possession exemptions. Any possible future changes to the Regulations in these respects would first require broad consultation, as they could impact many institutions and apply to various situations across the country. The exemption to possess birds found dead, and dispose of them according to local laws, does not exempt individuals or industry from the prohibitions on causing harm, including causing the death, of migratory birds. The Department will continue to work with industry on practising due diligence, and encourage reporting of dead birds, and during investigations of bird mortality will require, as appropriate, carcasses to be sent to a lab for analysis.

Species at risk cannot be gifted — birds obtained under a permit

Comments received on this provision were generally positive.

Gifting of feathers

Comments regarding the provisions on gifting of feathers were overall very positive. Two Indigenous groups expressed that this section should be revised so that it is clear that the gifting of feathers is a section 35 right, and is distinct from rights to gift feathers under an MBR permit.

The MBR 2022 have therefore been changed from the CGI proposal, separating the provisions on gifting and use of feathers under section 35 rights, and under the authority of a MBR permit. This clarifies the distinction that only those with section 35 rights may receive feathers taken under a migratory bird permit, or from another section 35 rights holder, for ornamental or hat making purposes.

Powers of the minister to vary the application of the Regulations and “conservation purpose”

Three Indigenous groups commented on this provision, requesting that “conservation purpose” be defined in relation to the “powers of the minister to vary the application of the Regulations” and that before a variance is enacted, section 35 rights holders be consulted.

The Department will discuss “conservation purpose” in its guidance materials. In the case where a variance is required, the Minister must post a notice on a Government of Canada website, with the first step of the variance being directed at permit holders. Only if these measures were not sufficient would this variance be then applied to rights holders. Given that the first urgency would apply to permit holders, there would be time to consult after this first step, and before the possible second step of applying the variance to rights holders.

Recognition of Indigenous rights-based harvest according to section 35 of the Constitution Act, 1982

Traditional territory [geographic boundaries]

Several Indigenous groups requested that section 35 hunting rights not be limited to Aboriginal traditional territories. For some Indigenous groups such as the Métis Nations, traditional territories are currently in the process of being defined.

Treaties, the Constitution Act, 1982, and Canadian case law have established over time that Indigenous hunting rights apply within traditional territories. The MBR 2022 recognize Aboriginal and treaty rights according to section 35 of the Constitution Act, 1982. The Department and the MBR do not establish these rights — they are inherent.

“Non-status Indians”

A limited number of Indigenous groups asked whether “non-status Indians” will be eligible to exercise section 35 hunting rights under the modernized regulations.

The MBR do not create new rights for “non-status Indians.” In cases where a “non-status Indian” already holds section 35 rights as per the Constitution Act, 1982, to hunt migratory birds, she/he may exercise that right under the MBR 2022.

Sale

Several Indigenous groups requested that section 35 rights holders be permitted to sell feathers and edible parts.

Due to conservation concerns, the MBR 2022 continue to prohibit the sale of migratory birds, with the exception of selling feathers for functional and non-ornamental purposes, such as fishing flies, bedding or clothing. The modernized Regulations recognize that the sale of feathers for non-ornamental purposes is a section 35 right.

Consultation on the Regulations

Several stakeholders and Indigenous groups expressed some level of concern with the consultation process for the proposed regulations, with the main comment being that the process was insufficient. There were two main areas where this concern was expressed. The first was with regard to the proposed exceptions to the nest prohibitions to damage, destroy, disturb or remove nests, where it was indicated that more information was required in order to understand how they would be implemented, as was more opportunity for dialogue. Various Indigenous groups, felt that pre-consultations were inadequate and/or outdated, with some requesting additional opportunities to provide input, and a limited number asked that they be provided with the final Regulations before publication in the CGII for their review or input.

The Department held meetings with those groups and Indigenous groups who requested a meeting, and also extended the comment period following the CGI publication from 60 days to 121 days. The Department also provided information and updates when there were opportunities to do so, such as at wildlife management board meetings. The Department has also developed guidance material, including Questions and Answers, which has been made available on the Government of Canada website under Migratory Birds. The Department is also open to continued conversations regarding the MBR, migratory birds management and conservation.

Part 2 — Hunting migratory game birds

Comments regarding the changes to the hunting provisions were mainly received from hunters, hunting organizations, hunting outfitters, conservation organizations, Indigenous groups, individual Canadians, and animal advocacy organizations. Overall, the majority of comments received were positive and very supportive of the implementation of the hunting proposals. However, there was some mixed feedback, particularly from one provincial hunting organization. A small number of provisions received limited negative feedback and/or concern, and some provisions received support, yet also garnered some suggestions for change.

Inclusion of murres as migratory game birds

Animal advocacy organizations did not agree with this classification for murres, and did not feel that they should be allowed to be hunted. They argued that although the Common Murre populations are not currently threatened, they are highly vulnerable to many risks.

The hunting of Common and Thick-billed Murres is a long-standing tradition in the Province of Newfoundland and Labrador, where birds have been taken for subsistence purposes for hundreds of years. In 1995, an amendment to the Migratory Birds Convention, authorized the harvest of murres by residents of Newfoundland and Labrador. The MBR have been since used to establish regulations concerning hunting zones, daily bag and possession limits, season dates and hunting methodology, which provide a solid basis for long-term murre conservation. The Department has, and will continue to monitor populations, and will implement further restrictions on hunting this species if it determined to be a threat to their populations.

Stating a purpose for the migratory game bird hunting permit and extending expiration date of permit

Comments received for these provisions were overwhelmingly supportive.

Hunting by minors (under 18 years of age) — Introduction of free MGBH permit and Habitat Conservation Stamp for Minors, and Repeal of Waterfowler Heritage Days

Stakeholders indicated a high level of support with the increased opportunity that the introduction of the Youth MGBH permit will provide for youth hunters, and the potential it could have to increase youth recruitment for migratory game bird hunting. Some hunters and hunting organizations did indicate concern regarding the loss of revenue this will represent for Wildlife Habitat Canada (WHC), and how this may lead to a reduction in habitat conserved for waterfowl. Some hunters, as well as two hunting organizations, although very supportive of the introduction of the Youth MGBH permit, expressed disappointment with the proposal to repeal Waterfowler Heritage Days (WHD). A few hunters also requested that the Youth MGBH permit not only be available for sale online.

The Department recognizes the concern regarding potential loss of revenue for WHC, but believes this initiative will help to recruit more youth hunters, some of whom will continue to hunt into adulthood, which will, in turn, increase, or at least maintain, volume of sales of the MGBH permit and stamp, thus helping sustain WHC revenues in the long-term. The introduction of the Youth MGBH permit is the result of many years of consultations with and requests from hunters and hunting organizations to provide more opportunity for youth to participate in mentored hunting. It will also allow for the sampling of youth hunters and will provide a tool to assess the level of harvest and impact on recruitment, allowing the Department to better manage migratory game bird hunting. Therefore, the Department has proceeded to implement the Youth MGBH permit and repeal WHD in the MBR 2022. In order to better manage the distribution of the youth permits, as well as to manage and track their demand, it will only be sold online.

Hunting methods and equipment

Several Indigenous groups requested that they be exempt from the prohibitions relating to hunting methods and equipment, with some indicating that the MBR 2022 should explicitly state that these prohibitions do not apply to section 35 rights holders. Regulations related to hunting methods and equipment are enacted out of safety considerations and/or conservation concerns and aim to avoid crippling or injuring birds while hunting rather than to limit harvest. It is important to note that constitutionally protected treaties prevail over the MBR.

The MBR, as well as the MBR 2022 include an exemption that allows the use of raptors to hunt migratory birds. Several falconer associations requested that the term “falconry” be used instead of “raptor,” and that “falconry” be defined in the Regulations. Due to the fact that, in addition to falcons, several species of hawks, which are not falcons, are also used to hunt waterfowl in Canada, the Department has maintained the term “raptor” as it was, according to legal standards, the appropriate term to use in the Regulations.

Crossbows as an authorized method to hunt migratory game birds and added specifications to ensure bows are not causing crippling when hunting waterfowl

A limited number of hunters, hunter organizations, other governments, individuals and animal advocacy organizations provided comments regarding allowing crossbows for hunting migratory game birds, with an equal amount of support, and opposition or concern expressed for the proposal. Those that did not express support were mainly individuals as well as an animal advocacy organizations, with the main concerns being the silent nature of crossbow hunting which could lead to increased poaching safety issues, and a possible increase in the suffering of waterfowl due to mortal and crippling injuries. Regarding the added specifications on bows, one Indigenous community requested that more research be done to determine adequate minimum power and kill abilities for a lethal shot and to prevent injury. Some hunters and two hunting organizations expressed that limitations on minimum draw weights and/or arrowheads were too restrictive, as what is allowed may not always be the most appropriate choice for the wide diversity of migratory game birds being hunted.

Adding crossbows as a legal means to hunt migratory game birds has been a long-standing request from hunters and hunting organizations. When the Regulations were created, cross and compound bows were not in common usage for hunting. Today, many provinces allow the use of crossbows for hunting both small and big game. Game officers will monitor the use of crossbows to ensure that they are used safely and legally. If it is found that there are issues with either of these, appropriate action will be taken and future regulatory amendments may be considered. The specifications for bows in the MBR 2022 were developed according to existing provincial and territorial regulations for hunting wild turkey, which have been in place for several years, and has been evaluated to be consistent with what is needed to hunt duck and geese.

Clarification of prohibitions on firearms and toxic shot

Some individuals, hunters and animal advocacy organizations expressed that toxic shot should not be allowed for any type of hunting, as it puts pollution, namely lead, into the environment, and can harm wildlife and human health. On the other side, some individuals, hunters, and a hunting association felt that there should not be a prohibition on possessing toxic shot when hunting migratory birds. A main concern raised was that individuals may also be hunting other game, or species, where toxic shot is allowed.

The Department agrees that toxic shot is harmful, particularly to certain waterfowl species whose feeding habits can lead to its ingestion. This is the reason that it is currently authorized for hunting in only limited jurisdictions, and for a very limited number of species, which are not typically found in the same area as waterfowl. The harm it incurs is also the reason why its possession is prohibited for all but these few species, as this prevents lead shot from being accidentally used in areas where species that are vulnerable to its ingestion occur.

Clarify, consolidate and amend provisions pertaining to the use of vehicles while hunting migratory game birds

Limited comments were received regarding these provisions, with the majority being supportive of the clarifications, including prohibiting the use of drones to hunt migratory birds. One provincial government recommended prohibiting anyone from possessing a drone while hunting, or accompanying a hunter.

If in the future the Department finds that there are issues of people hunting with drones, it will consider introducing increased restrictions, including the possession of one when hunting.

Change in possession — concept of preservation introduced

The majority of comments were from hunters and hunting associations, which were overwhelmingly positive. A few, although expressing support, did raise concern with the restrictions on where preservation could occur, and indicated that the allowable areas for preservation should be expanded to include mobile facilities (e.g. trailers), buildings other than a residence (e.g. motel, cabin) and/or the hunting site itself so that harvested birds could be consumed in the field. A few comments, namely from individuals, Indigenous groups and animal advocacy organizations, expressed concern or were against preserved birds not counting towards the possession limit as they felt that it could facilitate overharvesting, and result in increased wastage.

The MBR 2022 only prohibit preservation from occurring in the hunting area. The Department felt that it was important to maintain restrictions on preservation in the field so that birds taken during a hunting day may be identified to the species, so that bag limits may be verified and enforced. By encouraging birds to be fully preserved, it is felt that this will encourage their consumption, and therefore result in less wastage.

Requirement to retain fully feathered wing or fully feathered head of unpreserved birds

Several hunters and hunting associations commented, with the majority being positive. A hunting association and some of its members did not believe that either should be required after harvesting as they argued that both would impede transportation and preparation. They expressed that other options should be looked at for species identification, such as genetic testing, or requiring the hunter to keep the detached wings or heads that they had removed.

The Department introduced the option to be able to retain the fully feathered head based on consistent feedback from hunters over the years that this would ease transportation and preparation of their harvested birds. In order to ensure the conservation of species, the daily bag and possession limits as well as open season dates differ according to each species or group of species. It is important that game officers are able to identify the birds harvested, and leaving the feathered wing or head attached to the unpreserved carcass provides undisputable species verification of each bird. At this point, genetic testing is not an option as efficient methods are not readily available.

Third party possession and labelling requirements

The comments received on this provision were generally very supportive. One hunting organization, did not feel that labelling should be required under any circumstances as most hunters are honest, and this represented an unnecessary burden for hunters.

The Department agrees that the majority of hunters are honest and strive for a sustainable harvest, but experience has found that there is a small minority who will try to go outside of the regulations, for instance, to harvest more than their daily bag limit. Labelling birds in third party possession is an easy process, and is a reliable way for game officers to verify compliance. Also, as each bird no longer requires a label the burden on hunters has been significantly reduced.

Inclusion in daily bag limit of migratory game birds found dead or wounded

Reaction from stakeholders was mixed, with a provincial government seeing this as a positive provision, and with two hunting associations expressing concern that it may lead to fewer hunters picking up found dead birds, as they would not want it to impact their daily bag limit. Animal advocacy organizations felt that it would be correct for a hunter to stop the suffering of a wounded bird found, but that any birds found dead should be left in their environment.

The Department wants to encourage hunters to make use of birds shot by hunting, and avoid wastage. Hunters may have the opportunity to pick up a bird that was killed, but not retrieved by another hunter. Another reason for this provision is that game officers report that some hunters exceed their daily bag limit and claim they have not killed those birds, but found them.

Training retriever dogs

Two hunting associations, hunters and a provincial government responded positively overall; however, some concern was raised with allowing individuals to possess up to 200 carcasses, with suggestions that this could lead to abuse, and that this number was more suitable for dog training clubs. Animal advocacy organizations expressed that birds killed under the authority of a Damage or Danger permit should not be able to be used to train retriever dogs.

The introduction of the dog trainer registry and the associated information required will allow the Department to assess if the number of birds in excess of the possession limit should be reduced for individual dog trainers. The requirements regarding the location of storage have been added since the CGI proposal as a measure to limit the possibility of abuse. Over the past several years, the Department has received much feedback regarding avenues to limit the waste of birds taken under a Damage and Danger permit, and allowing them to be used for training retriever dogs is one manner that responds to these requests.

Hunting under the authority of an MGBH permit while hunting with an individual exercising section 35 rights

Comments were received from Indigenous groups, a hunting association, a provincial government, animal advocacy groups, hunters and individuals, with the majority of comments were in opposition to this provision, indicating that it was discriminatory. This was proposed in CGI as a way to prevent the situation in which a hunter who is accompanied or guided by a person exercising section 35 rights circumvents the daily bag limits by claiming birds killed in excess of the daily bag limit were killed by the individual who is exercising section 35 rights.

Upon further consideration, the Department agrees that the proposal was not an appropriate solution to deal with the limited occurrences of this activity, and has therefore removed this provision from the final Regulations. The Department will continue to work in collaboration with Indigenous organizations, communities and people to conserve and protect Canada’s natural environment. One of the general principles found in the Compliance and Enforcement Policy for Wildlife Legislation is that compliance and enforcement activities must be securely founded in law and must be fair, predictable, and consistent. Internal program policy on conservation and enforcement-related matters will be enhanced to include a collaborative approach when Aboriginal or treaty rights are asserted or when Aboriginal and treaty rights exist. Internal policy also directs enforcement to observe, record and report activity that is believed to be a conservation or safety concern to then determine an appropriate response.

Prohibit the abandonment of harvested migratory game birds

A limited number of comments were received regarding this provision, with all showing general support.

Hunting in multiple areas — daily bag and possession limits

A limited number of comments were received regarding this provision, which were generally supportive, although some raised concern about how this would be enforced. In order to prove that a hunter was hunting in an area that had a higher bag limit and/or possession limits, the hunter would need to provide some proof that they were in the said area during that period. Examples could be a receipt from the area, and if the other area is in another province, the appropriate hunting licence.

Migratory game birds in transit must be individually identifiable

A limited number of comments were received regarding this provision, with all showing general support.

Temporary custody

A limited number of comments were received regarding this provision, with overall general support being shown.

Restrictions on temporary third-party possession of murres

Animal advocacy groups expressed that this proposed measure would be difficult to enforce. They agree that the (illegal) commercialization of murres occurs and that it is a threat to the species, but that the only adequate way to stop this would be to prohibit their hunting.

Most individuals who hunt murres do so within the parameters of the MBRs. The Department agrees that illegal commercialization is a serious problem; however, it does not believe that the best response is to stop the traditional hunting of this resource. With the restrictions that the MBR 2022 put in place for murres, which provide additional enforcement tools, the Department believes that commercialization will decrease, and will hopefully cease. If commercialization does continue, the Department will consider taking additional measures.

Gifting of harvested migratory game birds

A limited number of comments were received for this provision. Overall, comments were positive, although some questioned how requiring acceptance would work, and would be enforced. There are no set rules on how acceptance of the gift is to be provided.

Change in the definition of decoy

A limited number of comments were received regarding this provision, with overall general support being shown.

Retention of bait authorizations and maintenance of ability to intentionally flood fields to attract migratory game birds for hunting

Comments were received from several stakeholders, with the reaction being mixed. Some hunters and hunting organizations were in favour of the proposal to maintain the status quo. An agricultural organization and a hunting organization suggested that bait authorizations should be broadened, and one province and hunting organization requested that the province not be required to approve bait authorizations. One individual felt that allowing the intentional flooding of crops would provide more places for waterfowl to stop and feed during their migration. A few hunters and individuals, as well as animal advocacy organizations said that they were opposed to this proposal, as it does not constitute a fair hunt, may lead to over harvesting, and will benefit a few privileged hunters.

The Department recognizes the effectiveness of baiting in modifying the behaviour of migratory birds and increasing the probability of their harvest therefore, strict restrictions on the use of bait during hunting seasons are important to retain. Authorizations for the deposition of bait during the hunting season must continue to be closely regulated and considered a privilege to those who obtain the authority. The Department will develop a policy through which bait authorizations will be granted to ensure that any future increase for these authorizations does not compromise conservation. As some provinces authorize baiting for hunting migratory birds, and others do not, the Department feels that it is important that the provinces remain involved in the process.

Part 3 — Overabundance, damage and danger

Amended hunting provisions apply when harvesting overabundant species

A limited number of comments were received, and general support was expressed.

Allowing gifting of birds killed under the authority of a damage or danger permit to kill

A limited number of comments were received, and overall they were supportive; however, animal advocacy groups indicated that they do not agree with Damage or Danger permits overall, or the ability to gift birds taken under this permit.

The MBR did not allow for the gifting of birds taken under Damage and Danger permits, which sometimes led to waste. The MBR 2022 allow for birds taken under this permit to be gifted for the purpose of consumption, charity, training retriever dogs and for taxidermy, if the species is one for which there is an open season in Canada. Furthermore, Damage or Danger permits are granted only when applicants can demonstrate there is valid damage or danger, and conditions on permits ensure that there is not a conservation concern.

Part 4 — Other permits

Scientific permit — rehabilitation and qualifications

The comments received on the changes to their permit were generally positive.

Aviculture permit — feed not visible to wild migratory game birds before and during open season

A provincial government provided positive feedback, while animal advocacy organizations felt that the provision should be strengthened to exclude the possibility of free-flying birds from having easy access to the food of the captive birds.

Based on the behaviour of migrating ducks and geese, the requirement that the feed not be visible to wild birds starting 14 days before an open season will limit the instances of these wild birds noticing, and therefore stopping to access the food of captive birds.

Charity permit — new permit

Overall, the feedback received was positive, although some concerns were expressed. A concern raised by some hunting associations and a provincial government was with the requirement that funds raised from an event would need to go specifically to migratory bird conservation. It was argued that this may be difficult, particularly at events that include other wild game, which is also being highlighted. An Indigenous community and some hunting associations raised concern that the permit requirements, along with the time it may take to be issued, could restrict the ability to easily have events or community gatherings with gifted birds. Regarding the reporting requirements, a hunting association expressed that these requirements were not necessary, and another government indicated that there should be more requirements in order to ensure accountability. One concern was raised by a provincial government, that serving wild game may be in conflict with provincial health regulations.

The Department agrees that in some cases it may prove difficult to have the funds raised at an event go uniquely to migratory bird conservation. Therefore, the final Regulations specify that they are to be used to protect or conserve wildlife. The Department will endeavour to ensure that applications are processed in a timely manner, according to service standards. The Department will evaluate the reporting requirements for this permit, and if it is found that there are ways to streamline, or that the requested data is insufficient, appropriate regulatory changes in a future amendment process could be proposed. Although the MBR 2022 provide a mechanism allowing gifted migratory birds to be given out at food banks, served at soup kitchens or charitable events, these activities can only occur if they are also done according to all other applicable laws. In the case where birds are harvested under section 35 rights, and are shared as part of a community gathering with other section 35 rights holders, that is not a fundraising event with revenues, then a Charity permit is not required.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted on the regulatory proposal. The assessment did not identify any modern treaty implications. The MBR 2022 do not affect modern treaty agreements and these amendments will not create any new restrictions or prohibitions that could affect section 35 of the Constitution Act, 1982, or its modern treaty obligations. As summarized above, Indigenous groups have been engaged in the regulatory development process for the MBR 2022.

Instrument choice

Regulations are a necessary component of ensuring that migratory birds, their eggs and nests are protected, as well as to ensure the sustainable harvest levels of migratory game bird populations. A main objective of this initiative is to improve and clarify the regulations, so that they may better serve their purpose. No other instrument could be considered.

Regulatory analysis

Benefits and costs

Benefits

Environment

It is anticipated that these amendments will result in modest benefits to the environment. Increasing clarity and implementing new policies for the management of hunting is expected to enhance understanding of the regulatory requirements among hunters and others, thus facilitating compliance. Adding the purpose to the MGBH permit, that hunting migratory game birds is primarily for human consumption, allows for provisions that will prevent waste of harvested birds. Prohibiting the abandonment of birds will also limit the opportunity to exceed bag and possession limits, which can be a conservation concern. The creation of the Youth MGBH permit will allow for increased collection of harvest data (National Harvest Survey) for this demographic, which will benefit migratory game bird population management. Measures introduced for murres, including restrictions on the third-party possession may contribute to reducing the illegal commercialization of the murre harvest. Creating a Charity permit may result in less waste of migratory game birds, and offers the possibility of generating funds for wildlife conservation. Providing regulatory mechanisms for the destruction, damage, disturbance or removal of nests when there is low or when compliance, including verifying compliance is difficult is an important clarification and adds regulatory certainty for stakeholders. This change is anticipated to have positive effects on stakeholder compliance, as they will now have clear parameters within the law in which to plan or conduct their activity, and could lead to the encouragement of bird-friendly designs for more human-made structures.

Society and culture

It is anticipated that the amendments will result in several benefits to society and culture beyond what the MBR formerly provided. Allowing the gifting of feathers for educational, social, cultural or spiritual purposes is one such example, which will satisfy a long-term request from stakeholders to be able to fully use birds for multiple purposes in addition to human consumption. The amendments respond to many long-standing concerns raised by hunters regarding the need for clarity in the Regulations, and to remove provisions that cause frustration and do not contribute to conservation. This reduced burden will facilitate the practice of migratory bird hunting in Canada, which is an important activity in Canadian society and culture. The Youth MGBH permit being offered free of charge could result in increased recruitment of new waterfowl hunters, which would aid in the continuation of this important outdoor activity, whose participants are known to actively contribute to the conservation of wildlife species and their habitat. The addition of the Charity permit will benefit society, as being able to gift preserved migratory birds to food banks and soup kitchens would result in a new opportunity to help those that are in need.

Currently, migratory game bird hunters who are minors and who wish to benefit from the full open seasons, as well as the bag and possession limits, must purchase an MGBH permit and habitat conservation stamp. Multiplying the average annual number of permits and stamps sold to minors (6 862) over a three-year period (2017–2019) by the cost of the permit and stamp ($17), the introduction of a free permit and stamp for minors would result in estimated cost savings for these hunters of $116,660^{footnote 8} per year.

Business

The amendments are expected to result in modest benefits to business. Overall, the improved organization and increased clarity of the Regulations will make it easier for all businesses whose activities are regulated by the MBR to understand their regulatory requirements. Regarding the exception to allow the destruction, damage, disturbance or removal of unoccupied nests, the MBR 2022 will provide enhanced flexibility and regulatory certainty for businesses, which will enable them to plan their activities with the assurance that they are acting within the law. Clarifying that it is the responsibility of the hunter to label birds takes the onus, or burden, off businesses that have temporary possession of unpreserved birds, and it will ensure that these businesses do not have birds that cannot be traced back to the individual who harvested them, thus facilitating compliance verification.

The approach to replace all the approved non-toxic shot types listed in the MBR (a total of nine to date) with a generic definition that comprises the elements already tested for toxicity is expected to result in avoided costs for ammunition manufacturers. Following the ban on lead shot (first within national wildlife areas in 1996, then throughout Canada in 1997) there was an initial flurry of applications that subsided as the various compositions became approved. The process to determine if shot was non-toxic was arduous with many required steps and testing, which took between three to five years to complete, and had high associated costs. Although applications are now rare, as there has not been one in over 10 years, under the MBR 2022, a company wishing to put new toxic shot on the market would avoid this process and cost as long as their shot fits within the composition limits set out in the regulations.

Government

The MBR 2022 allow the Government to avoid yearly costs as a result of the amendment to allow for the temporary possession of a found dead migratory bird for the purpose of disposing of it or swiftly delivering it to a laboratory for analysis. This change would end the former requirement to prepare an annual variance order to allow this activity. The cost savings for Government would include the costs for the translation and publication of the variance order, which is approximately $700, as well as $4,700 in salary relating to human resources. The result would be a saving of approximately $5,400 per year.

The change to the generic definition of non-toxic shot would mean that, as long as the shot composition falls within the element maximums, the government would no longer need to conduct an approval process/analysis of the shot, and would not be required to do a regulatory amendment to include it in the MBR.

Costs

Business

The amendments are not expected to result in financial costs for businesses, as they do not impose any new significant requirements on the business community. The MBR 2022 do introduce a small amount of administrative burden for some businesses, which is described in the “one-for-one rule” section. It is estimated that approximately 96 000 businesses could be impacted by this initiative, with approximately 86 000 being small businesses.

Government

The overall cost to the Government of Canada of implementing the MBR 2022 is anticipated to be low and will mostly be for actions related to compliance promotion (estimated at $10,000), as well as for revenues that will not be received by the Government (estimated at $58,330 annually) from hunters who are minors and who, in the past, would have bought an MGBH permit. The creation of the Charity permit as well as notifications for abandoned nests will necessitate a modest increase in employee resources above the current level in order to develop and operationalize the new provisions. No significant new enforcement costs are anticipated. Training for game officers on the new provisions would be required.

Conservation organization

With the implementation of the free Youth MGBH permit and associated conservation stamp, Wildlife Habitat Canada (WHC), who receives the revenues from the stamp, will likely see a drop in revenue, estimated at $58,330 annually. It is believed that if this initiative does help to recruit more youth hunters, some will continue to hunt into adulthood, which will in turn increase, or at least maintain, sales volume of the MGBH permit and stamp, thus helping WHC revenues in the long term.

Small business lens

The MBR 2022 introduce a small amount of administrative burden for some businesses as a notification is required to be submitted in order to damage, destroy, disturb or remove an abandoned nest of a species listed in Schedule 1. While the majority of businesses which could potentially be affected by the notification requirement are small businesses, it is anticipated that very few will be required to submit a notification in practice. The majority of small businesses estimated to be potentially impacted in a 10-year period would be approximately 40% of small woodlot owners as well as 25% of residential construction, combined at approximately 75 000 businesses. Of these, it is assumed that most would rarely be in a situation more than once every few years where they would submit a notice. Many could also choose to leave the tree(s) with abandoned nests of species listed in Schedule 1. Despite this potential administrative cost, overall, the MBR 2022 provide more flexibility to small business regarding nest destruction, damage, disturbance and removal. Under the former MBR, which fully protected all nests of migratory birds for as long as they existed, a small business was legally obligated to always leave all nests of migratory birds unharmed and undisturbed. Under the MBR 2022, a stakeholder may now legally destroy, damage, disturb or remove the nests of most species of migratory birds when they do not contain a live bird or viable eggs. So, for instance, a small woodlot owner, or a residential developer, could plan to harvest or take down trees with nests of species not listed in Schedule 1, outside of the breeding season, with the certainty that they are doing so within the law. With the protections set out in Schedule 1, a small woodlot owner can now plan to legally destroy an abandoned nest of a Schedule 1 species, something that was not possible under the former MBR. The MBR 2022 also provide regulatory clarity and certainty to many small hunting businesses, such as outfitters, butchers and pluckers, who would no longer be in contravention to the regulations by exceeding the possession limit when, in order to provide their services to customers, temporarily have the birds of many hunters.

One-for-one rule

The one-for-one rule applies, as there is a net overall administrative burden that has been introduced for some businesses who will be required to submit a notice to the Department if they wish to disturb, destroy or remove an abandoned nest of a species listed in Schedule 1. The net change in annualized administrative activities is a cost of $286,687 or $2.97 per business (expressed in $2012 calculated over 2022–2031, and discounted 7% as is set out in the Red Tape Reduction Regulations). This estimate is an increase from what was calculated when the proposed regulations were published in CGI, which was approximately $1 per business. The increase from what was estimated in CGI is primarily due to an increase in the estimated number of notifications that will be submitted, as well as increases in the estimated time required to understand the notification requirements, to submit a notification and possibly having to train staff on submitting a notification, given the comments received from stakeholders.

It is expected that the majority of notifications received would be for Pileated Woodpecker nests, with possibly a very small number for herons, per year. Pileated Woodpecker cavities are sparsely distributed, and of the few found, many are likely to be occupied, and could not therefore be destroyed, damaged, disturbed, or removed. It is also expected that action will not be taken on many found abandoned nests, with the decision being made to leave the nest in place. It is estimated that it would take stakeholders that are impacted 60 minutes to read and understand the regulatory and notification requirements, and approximately 15 minutes to submit notifications to the Department.

The forestry industry is expected to be most impacted by the notification requirement. To estimate the administrative burden, it is assumed that 100% of forestry companies and owners of private woodlots for timber harvest would be required to become familiar with the new administrative requirements. The high end estimate is that every year, 100% of the medium and large forest companies will each submit on average 20 notifications, with small forest companies submitting 3 notifications per year. The forestry sector has been engaged in nest protection best practises for years. Many currently conduct nest identification activities, and following certification requirements many already practise some level of selective cutting, including leaving snag trees (which could have Pileated Woodpecker nests) from being harvested.

The other sectors expected to be impacted, to a lesser degree, would be electric generation companies (hydro, wind), oil and gas operations, mining and construction (residential, commercial, industrial, infrastructure). Not all companies would be required to become familiar with the requirements, as many of the natural resource sectors operate outside of the range of the species listed in the amended Schedule 1. There are also many whose operations would not involve intense land clearing (underground mining), or their operations are already established and the likelihood of having to submit a notification is low. Notifications are mostly expected to be submitted for expansion of existing sites or new/planned projects. In the development sector, it is not anticipated that many would be building in mature tracts of forest where Pileated Woodpeckers prefer to nest, and if one was found they may choose to leave the tree with the abandoned nest. Although notifications are anticipated to be received for conducting vegetation clearing in existing utility corridors, it is anticipated that the majority of vegetation being cut will not be large enough for Pileated Woodpecker nesting cavities as these areas are cleared every few years.

In addition to the increase in administrative burden, the existing MBR have been repealed and replaced with a new version, which results in no net increase or decrease in regulatory titles.

Regulatory cooperation and alignment

These amendments are in line with Canada’s obligations under the international Migratory Birds Convention.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a strategic environmental assessment was conducted. The assessment concluded that the MBR 2022 will have positive environmental effects and will contribute to the implementation of the 2019–2022 Federal Sustainable Development Strategy goals:

Healthy wildlife populations: Strengthening and clarifying the framework by which migratory birds, their nests and eggs are protected in Canada will provide improved long-term conservation of migratory bird populations. Implementing current policy direction will help to implement effective management of activities that impact migratory birds, such as migratory game bird hunting, and ensure that the activity is sustainable for migratory bird populations.

Gender-based analysis plus

A gender-based analysis plus (GBA+) has been completed for the amendments to the MBR. The result of this analysis indicates that no GBA+ impacts have been identified.

Rationale

The amendments address the objectives of modernizing the MBR overall, organizing them according to topic, and eliminating errors and inconsistencies, so that greater clarity has been achieved. They also consolidate all provisions related to the management of hunting, and ensure that the hunting provisions reflect new and current departmental policy, and address enforcement concerns. They incorporate into the Regulations policies on nest protection that the Department has had in place for many years, while incorporating enhanced flexibility and increased regulatory certainty. They also ensure that the MBR expressly recognize section 35 of the Constitution Act, 1982. Overall, the increased clarity and flexibility, as well as the reduced burden that will result from the amendments, will outweigh the relatively low administrative costs that some businesses may incur.

Determination of species to be included in Schedule 1

The Department conducted an in-depth analysis in order to determine what species would be included in the proposed Schedule 1. Nest reuse for each species protected under the MBCA was determined using the information found in the Cornell Lab of Ornithology “Birds of North America” (BNA) account for each species, and a precautionary approach was taken. Each account contains a section on nest site selection, nest construction, and nest reuse. Species that commonly or usually reuse their nests, cavities or burrows, or whose nests are used by other migratory birds in subsequent years were identified through their BNA account. Species were then assessed, with the consideration that the overall goal in the choices made was to have a final list that would be biologically significant, meaningful, consistent, and enforceable at any time of the year. The following is a summary of the aspects that were considered and analyzed, which led to the species whose nests the Department considers should be protected year round, and are therefore included in Schedule 1.

Importance of the nesting structure itself

The intent of Schedule 1 is to protect nests that themselves are important or necessary for nesting success. For this reason, several species were excluded from Schedule 1 although they return year after year to the same nest site to either rebuild, refurbish, or repair their nests. These species may reuse their old nests if these are available, but reuse is not obligatory for nesting success.

Nests of related species

For some related families, it is difficult to distinguish the unoccupied nest of the different species outside of the breeding season. To avoid confusion, as well as for enforceability issues, species with similar nest structure are all included (such as is for herons) in the MBR 2022.

Secondary cavity nesters

Secondary cavity nesters use a cavity that is already available, such as a hole formed by rot in a tree, or a cavity that has been excavated by another species, such as by a woodpecker. It is therefore impossible to identify the nest of a secondary cavity nester outside of the breeding season. Consequently, the nests of secondary cavity nesters are not included in Schedule 1.

Species at risk (extirpated, endangered and threatened)

Migratory bird species that are not listed in Schedule 1 of the MBR, but are listed under SARA as (1) an endangered species; (2) a threatened species; or (3) an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada, have not been included in Schedule 1 of the MBR 2022 because these species will still receive year-round protection of their nest under section 33 of SARA when these qualify as residences as defined in SARA. The residences of migratory birds listed in Schedule 1 of SARA are protected from damage or destruction, when occupied or habitually occupied by one or more individuals during all or part of their life cycles, wherever they occur in Canada, including on private and provincial lands. SARA also allows for permits to be issued, under certain conditions, which authorize activities that would affect any part of the species critical habitat or the residence of an individual. Examples of such activities would be to conduct controlled burning to improve or maintain the habitat of a migratory bird population that is at risk. The authority to issue such permits is not possible under the MBR.

Species nesting mostly on anthropological structures

Anthropological structures, or those created by humans, can provide important nesting habitat. Including species that nest on these structures in Schedule 1 would likely not have benefitted conservation, as it could have had the negative effect of discouraging structures from having bird-friendly design if there is a concern that having nests in or on them would mean that maintenance could not have been conducted.

Enforceability and nest identification outside of the breeding season

Another factor considered was year-round identification and enforceability. For several species that create nests by gathering grass on the ground, nest identification outside of the breeding season is often not possible. Similarly, hummingbird nests were excluded from Schedule 1 as the identification of these nests, particularly outside of the breeding season, can be extremely difficult for proponents, as well as for game officers. It was determined that including the entire woodpecker group in Schedule 1 would be highly difficult regarding compliance and enforcement. Many species of woodpecker make very small, inconspicuous cavities that are difficult to find and identify, and for these reasons, most woodpecker species are excluded. However, the Pileated Woodpecker makes large conspicuous cavities that are easy to identify. Species that build nests that cannot be identified when unoccupied are not included in Schedule 1.

Reuse of burrows

It was deemed that protecting the nests of eleven species of sea birds that reuse their nests for burrows would contribute substantially to the breeding success of these species, therefore, sustaining healthy populations, and would be enforceable.

Implementation, compliance and enforcement, and service standards

The MBR 2022 will come into force on July 30, 2022. The implementation of these regulations will benefit the conservation of wildlife by improving the management of migratory birds in Canada. The Department of the Environment is responsible for permitting, compliance promotion and enforcement activities according to the MBR 2022. A compliance strategy has been developed, and will be implemented. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the law through education and outreach activities that raise awareness and understanding. Compliance promotion activities will be targeted to the public, hunters and hunter organizations, as well as to the various sectors and stakeholders to whom the MBR apply, and will focus on raising awareness and encouraging compliance with new regulatory requirements.

To enforce compliance, the MBCA provides for penalties for contraventions, including liability for costs, fines, tickets or imprisonment, seizure and forfeiture of things seized or of the proceeds of their disposition. The MBCA also provides for inspection and search and seizure operations by game officers designated under the Act.

Administrative monetary penalties and new fine regime

Amendments to the fine regime, enforcement and sentencing provisions of the Migratory Birds Convention Act, 1994 (MBCA) and the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations (the Designation Regulations) came into force on July 12, 2017. The new fine regime will be applied by courts following a conviction pursuant to the MBCA or its associated regulations, including the MBR. Designated offences, which involve direct harm or risk of harm to the environment, or obstruction of authority, are subject to the regime of minimum and higher maximum fines, in order to ensure that fines reflect the seriousness of offences under the MBCA. For example, the fine range associated with a designated offence for an individual on summary conviction is not less than $5,000 and not more than $300,000, or imprisonment for a term of not more than six months, or both. For other legal persons, such as corporations, the fine range associated with a designated offence on summary conviction is not less than $100,000 and not more than $4,000,000. For small revenue corporations, the fine range associated with a designated offence on summary conviction is not less than $25,000 and not more than $2,000,000. Fines are doubled for second or subsequent offences of the same offence.

In addition, the Environmental Violations Administrative Monetary Penalties Regulations (the AMPs Regulations) came into force on June 14, 2017. Administrative monetary penalties (AMPs) are available to game officers to enforce designated violations of the MBCA and its associated regulations, including the Migratory Birds Regulations, 2022. An AMP is a financial disincentive to non-compliance and provides an additional tool for officers to supplement existing enforcement measures. Depending on the type of violation, history of non-compliance, environmental harm and economic gain, the amount of an AMP can vary between $200 and $5,250 for individuals, and $1,000 to $25,000 for other persons, such as corporations, ships or vessels.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 16th Floor
Gatineau, Quebec
K1A 0H3
Email: ReglementsFaune-WildlifeRegulations@ec.gc.ca