Ticketing for Environmental and Migratory Bird Offences

Summary#

These final regulations update the Contraventions Regulations so certain existing environmental and wildlife offences can be enforced by ticket. The change was registered on June 19, 2023 and published in the Canada Gazette on July 5, 2023.

What it does#

• Adds a set of mostly administrative offences from regulations under the Canadian Environmental Protection Act, 1999 (CEPA) to the Contraventions Regulations. These come from:
  • New Substances Notification Regulations (Organisms)
  • Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector)
  • Single‑use Plastics Prohibition Regulations
  • Volatile Organic Compound Concentration Limits for Certain Products Regulations
• For the CEPA items, many failures to keep records or to provide required reports are now listed as contraventions with a standard fine of $500.
• Replaces the old migratory birds schedule with one aligned to the Migratory Birds Regulations, 2022. Fine amounts for those contraventions were updated to range from $100 up to $1,000. Examples:
  • Hunting in a closed area during closed season: $250 per bird.
  • Possessing a migratory bird that is a species at risk: $500 per bird.
• The point of these changes is to allow enforcement officers to issue tickets under the Contraventions Act regime instead of using the longer court-based summary conviction process. The regulations came into force on the registration date (June 19, 2023).

Who's affected#

• Businesses and people who must keep records or file reports under the CEPA-linked rules, for example:
  • Companies that import or manufacture certain organisms or biotechnology products.
  • Petroleum sector facilities that must track equipment and emissions.
  • Manufacturers or importers of products covered by VOC limits.
  • Businesses involved with items covered by single‑use plastics rules.
• Hunters and others who deal with migratory birds, eggs, nests, or hunting equipment. Higher fines may apply for some offences.
• Environment and Climate Change Canada (ECCC) enforcement officers and provincial partners who will issue and process tickets.
• If it’s unclear who is affected by a specific listed offence, the regulated text or the original regulations should be checked for details.

Why it matters#

• Ticketing makes enforcement quicker and less resource‑intensive than taking minor regulatory offences through the courts. That can increase the chance that low‑level breaches are actually enforced.
• For CEPA-related administrative lapses (missing records or reports), the standard penalty is $500, so businesses and organizations should check they meet reporting and record‑keeping requirements.
• The updated fines for migratory bird offences (up to $1,000) are meant to improve deterrence and better reflect current values and conservation goals.
• These changes do not create new offences or new duties. They change how some existing offences are enforced and adjust some fine amounts.