Migratory Birds Rules Trigger Screening

Summary#

These final regulations (SOR/2022-109) amend the Preliminary Screening Requirement Regulations to add parts of the Migratory Birds Regulations, 2022 to the list of rules that trigger a preliminary screening under the Mackenzie Valley Resource Management Act. They come into force on July 30, 2022 (or on the day of registration if that is later).

What it does#

• Replaces parts of Schedule 1, Part 2 of the Preliminary Screening Requirement Regulations so that the Migratory Birds Regulations, 2022 are listed in the schedule.
• Specifically identifies section 9 and subsection 12(1) of the Migratory Birds Regulations, 2022 as provisions that require preliminary screening.
• Makes the identical change in the English and French versions of the schedule.
• Sets the effective date as July 30, 2022, unless the regulations are registered after that date (in which case they take effect on registration).

Who's affected#

• Project proponents and developers proposing activities in the Mackenzie Valley region that might touch on migratory birds.
• Indigenous governments and communities in the Mackenzie Valley area, including the Tlicho Government, who are involved in land and resource decisions.
• Regulators and decision bodies such as the Mackenzie Valley Environmental Impact Review Board and federal/territorial officials who carry out preliminary screenings.
• If it is unclear whether a specific activity is caught by section 9 or subsection 12(1) of the Migratory Birds Regulations, 2022, affected parties should check the text of those provisions or ask the regulator.

Why it matters#

• This change means certain activities that interact with migratory bird protections will now trigger an early environmental screening in the Mackenzie Valley.
• For communities and conservation groups, it strengthens the chance that potential impacts on migratory birds will be reviewed before projects proceed.
• For developers, it may add an extra review step and potentially more time or conditions before a project can move forward.