Damage-or-Danger Permit Eligibility Expanded

Summary#

The Regulations Amending the Migratory Birds Regulations, 2022 (SOR/2023-149) let certain users of land apply directly for damage-or-danger permits under the Migratory Birds Regulations, 2022. The change took effect when the regulations were registered on June 23, 2023.

What it does#

• Allows holders of easements, servitudes, rights-of-way, licences of occupation, or rights under provincial law to apply for and hold damage-or-danger permits that authorize scaring, killing, relocating birds, or destroying eggs or nests.
• Updates permit rules so people who kill or take a bird under a permit must not give that bird to anyone other than the permit holder or an approved nominee unless it is labelled or preserved.
• Requires a permit holder to do certain actions within 15 days after a permit expires or is cancelled (the text replaces the existing subsection about those obligations).
• Adds a requirement on applications that holders of other land-use rights attest they have notified the landowner, lessee, or land manager about the planned activities.

Who's affected#

• Companies and organizations that hold non‑ownership land rights, such as utility companies (for example, hydroelectric and electricity distributors) that use easements or similar rights.
• Landowners, lessees and land managers who previously had to act as intermediaries for permit applications.
• Wildlife control contractors and others who apply for damage-or-danger permits.
• Environment and Climate Change Canada and its staff who process and enforce these permits.
• It is unclear that this change affects the general public directly; the amendments are mostly administrative and narrow in scope.

Why it matters#

• Utilities and other holders of land-use rights can apply directly for permits when birds threaten infrastructure. That can speed responses and reduce the small amount of paperwork and delay that used to be required.
• The change may improve reliability of services (for example, electric distribution) by letting operators address bird-related hazards more efficiently.
• The rules still include conservation safeguards: permits spell out species, numbers, places and times, and authorities can refuse applications that would harm bird populations.
• There could be a small rise in permit applications. Non-compliance remains enforceable, with fines ranging from $5,000 to $300,000 on summary conviction for designated offences, and administrative monetary penalties up to $5,000 for individuals or $25,000 for organizations.