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Migratory Birds Regulations, 2022 (SOR/2022-105)

Regulations are current to 2023-01-25 and last amended on 2022-07-31. Previous Versions

PART 3Overabundance, Damage and Danger (continued)

Birds Causing Damage or Danger (continued)

Marginal note:Federal scaring or killing permit

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

  • Marginal note:Rights of permit holder and nominees

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

  • Marginal note:Nomination

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

  • Marginal note:Requirement

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

  • Marginal note:Obligations after expiry or cancellation

    (5) 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.

  • Marginal note:Validity

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

Marginal note:Fully feathered wing or head

  •  (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.

  • Marginal note: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.

Marginal note:Gift for consumption, taxidermy or training

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Prohibition — giving without label

  •  (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.

  • Marginal note: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.

  • Marginal note: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).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Prohibition

  •  (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.

  • Marginal note: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.

Marginal note:Permit to destroy eggs or nests

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Relocation permit

  •  (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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Airport permit

  •  (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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Prohibition

 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 4Other Activities

Marginal note:Scope

 This Part applies to the following permits:

  • (a) scientific permits;

  • (b) aviculture permits;

  • (c) taxidermist permits;

  • (d) eiderdown commerce permits; and

  • (e) charity permits.

Marginal note:Scientific permit

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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).

  • Marginal note: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.

Marginal note:Aviculture permit

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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).

  • Marginal note: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.

  • Marginal note: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.

 
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