Silver Shiner Critical Habitat Order

Summary#

The Critical Habitat of the Silver Shiner (Notropis photogenis) Order — SOR/2023-39 legally protects parts of the Silver Shiner’s habitat in southwestern Ontario by applying the protection in the Species at Risk Act. The order was registered and came into force on March 9, 2023.

What it does#

• Applies the prohibition in subsection 58(1) of the Species at Risk Act (SARA) against destroying any part of the Silver Shiner’s critical habitat identified in the recovery strategy.
• Identifies critical habitat in stream sections of the Thames River (and tributaries), the Grand River (and tributaries), Bronte Creek, and Sixteen Mile Creek (and East Sixteen Mile Creek).
• Defines the critical habitat inside those stream segments to include:
  • the entire bankfull channel width;
  • the meander belt width and riparian vegetation within it; and
  • associated riparian vegetation extending 30 m outward from the meander belt.
• Makes a special rule for municipal drains that have been realigned: critical habitat there is the bankfull channel plus 30 m of riparian vegetation on each side (the meander belt is not included).
• Complements existing protections under the Fisheries Act and links to the same permitting/authorization process used by Fisheries and Oceans Canada when a proposed activity might affect fish habitat.
• Notes criminal penalties under SARA for offences; for summary conviction penalties this can include fines up to $300,000 for a corporation or $50,000 for other entities, and for indictable offences fines up to $1,000,000 for a corporation or $250,000 for other entities (and possible imprisonment).

Who's affected#

• People or organizations planning works in or near the listed waterways, including:
  • landowners, farmers, developers, and municipal works crews;
  • conservation authorities and environmental groups;
  • anyone proposing construction, dredging, realignment, or other activities that could change the river channel or nearby riparian zones.
• Fisheries and Oceans Canada (DFO), which reviews authorizations and provides the single-window permitting process for projects near water.
• First Nations with reserve land along rivers that contain critical habitat: Chippewas of the Thames First Nation, Munsee-Delaware First Nation, Oneida Nation of the Thames, and Six Nations of the Grand River.
• It may also be noticed by municipal planners and provincial agencies in Ontario that manage land use and watercourses.

Why it matters#

• The order gives the Silver Shiner’s critical habitat formal legal protection under SARA. That makes it clearer which stream areas and riparian zones cannot be destroyed without authorization.
• In practical terms, some projects near the identified streams may need permits or authorizations, or may need to change how they work to avoid harming habitat. This can affect timelines and design for development, drainage, or river works.
• Protecting riparian zones and channel features helps keep water cleaner, supports fish and insect life, and can improve overall river health for communities and recreation.
• The government estimates the order itself will cause negligible new costs beyond existing rules, since Fisheries Act protections and the same permitting processes already apply.