New Migratory Birds Regulations

Summary#

The final rule called the Migratory Birds Regulations, 2022 (SOR/2022-105) replaces the old hunting and nest-protection rules for migratory birds in Canada. It clarifies prohibitions, updates hunting rules and permits, recognizes Indigenous harvesting rights under Section 35 of the Constitution Act, 1982, and comes into force on July 30, 2022.

What it does#

• Clarifies the basic prohibitions: it is unlawful to capture, kill, take, injure or harass migratory birds, or to damage nests or eggs, except when a permit or a specific exemption applies.
• Creates an explicit exception for nests that are unoccupied. For 18 listed species (mostly seabirds, herons and one woodpecker) nests are protected year‑round unless a nest has been unoccupied for a set time. Wait periods include 12 months, 24 months and 36 months depending on species.
• Recognizes and confirms Indigenous harvesting rights. Individuals exercising rights recognized by Section 35 of the Constitution Act, 1982 may hunt and harvest eggs without permits, and are generally not subject to open seasons, daily bag limits or possession limits (subject to legal boundaries of those rights).
• Changes hunting rules and permits:
  • Introduces a free youth migratory game bird hunting permit and stamp for minors under 18.
  • Defines when a harvested bird is “preserved” (so it no longer counts toward possession limits) and requires either a fully feathered wing or the fully feathered head to remain attached to unpreserved birds for identification.
  • Requires labelling of unpreserved birds that change hands.
  • Adds a new Charity permit to allow preserved birds to be served or donated at soup kitchens, food banks or fundraising dinners for wildlife conservation.
  • Allows registered dog trainers to possess up to 200 unpreserved birds for retriever training and sets record-keeping rules.
• Updates how hunting is done and what gear is allowed:
  • Authorizes hunting with specified bows and crossbows (minimum draw weights and arrow/bolt requirements).
  • Keeps the general ban on lead (toxic) shot and replaces the old long list of approved non-toxic shot types with a single, composition-based definition to simplify approvals.
  • Prohibits hunting using drones (remotely piloted aircraft systems) and from moving motorized land vehicles or moving motorized boats (with some exceptions).
• Keeps tight controls on baiting, but provides limited, written-consent exceptions and scientific permit exceptions. It also sets rules for “lure crop” and “lure station” areas.
• Modernizes several permit types (scientific, aviculture, taxidermy, eiderdown commerce) and sets or keeps modest fees (examples: migratory game bird hunting permit and habitat conservation stamp $8.50 each; aviculture, taxidermist and eiderdown permits $10.00).
• Reorganizes and updates the long Schedule of open seasons, bag and possession limits by province and territory. (The specific seasons and bag limits remain detailed in Schedule 3.)

Who's affected#

• Hunters and youth hunters across Canada. The rules change how birds must be labelled, preserved and transported.
• Indigenous peoples who exercise Aboriginal and treaty harvest rights. The Regulations explicitly recognize those rights and spell out how they interact with federal hunting rules.
• Industries and land developers (forestry, construction, mining, oil and gas, agriculture, utilities, airports). They will need to account for the nest protections, notification rules for certain abandoned nests, and avoidance measures.
• Outfitters, butchers, taxidermists, dog trainers, rehabilitation centres and charities (food banks, soup kitchens) that handle harvested birds.
• Ammunition manufacturers. The new composition-based definition for non-toxic shot affects what products qualify without case-by-case regulatory approvals.
• Provincial and territorial wildlife authorities, and Environment and Climate Change Canada, which administers permits and compliance.

If it is unclear whether a specific activity or area is affected, landowners or operators should check the Regulations’ schedules or contact the department listed in the Gazette notice.

Why it matters#

• Clearer rules. The Regulations aim to make prohibitions, permits and hunting rules easier to understand. That should help people comply and make enforcement more predictable.
• Balances conservation and practical needs. Nests that are only valuable during breeding are treated differently from nests that are reused year to year. This gives some flexibility for land use while keeping protections where they matter most.
• Legal recognition of Indigenous rights. The Regulations explicitly set out how federal migratory-bird rules interact with harvesting rights recognized by Section 35 of the Constitution Act, 1982, which affects who needs permits and when.
• Practical changes for hunters and businesses. New requirements for preservation, labelling and possession aim to reduce waste and limit illegal commercialization (a focus for species such as murres). The youth permit and charity permit create new social uses for harvested birds.
• Small costs and administrative steps. Some businesses may need to file notifications before removing certain abandoned nests and some permits or stamps have small fees ($8.50, $10.00). The department expects these costs to be modest compared with the clarity and conservation benefits the new rules provide.