Pugnose Minnow Critical Habitat Order

Summary#

The Critical Habitat of the Pugnose Minnow (Opsopoeodus emiliae) Order uses the Species at Risk Act to give legal protection to areas identified as critical habitat for the Pugnose Minnow (Opsopoeodus emiliae). The order came into force on November 8, 2022, after the species’ recovery strategy was posted on May 19, 2022.

What it does#

• Applies the prohibition in subsection 58(1) of the Species at Risk Act so it is illegal to destroy any part of the Pugnose Minnow’s critical habitat unless a permit or authorization allows it.
• Identifies critical habitat areas in parts of southwestern Ontario, including the Detroit/Canard rivers, East Sydenham River, Little Bear Creek, Maxwell Creek, North Sydenham River, and Whitebread Drain / Grape Run. Maps are in the recovery strategy.
• Limits the legal protection to those parts of the mapped areas that actually have the habitat features the fish needs (for example, certain water and bottom conditions).
• Keeps the existing permitting route in place: proponents who need to affect habitat would use the usual authorization or permit processes under the Fisheries Act or SARA. The permit process is the same whether or not the order is in place.

Who's affected#

• Anyone planning work in or near the listed waterways: developers, construction or dredging companies, farmers, municipalities, and utilities that run projects in or beside water.
• Local conservation authorities and Indigenous communities near those rivers. Walpole Island First Nation and the Mississaugas of the New Credit First Nation were among groups consulted during recovery planning.
• Fisheries and Oceans Canada administers the permitting and compliance steps. The government says no new or significant costs for businesses or the public are expected because existing permit processes remain in use.

Why it matters#

• The order creates clear, legal protection for places the Pugnose Minnow needs to survive and recover. That can change how projects in those areas are planned or approved.
• The Pugnose Minnow is a small freshwater fish with a limited range in southwestern Ontario. Its Canadian populations have likely shrunk and face threats such as increased sediment and nutrients, habitat alteration, contaminants, invasive species, and accidental capture.
• People who destroy critical habitat without authorization risk penalties under SARA. Penalties include fines up to $300,000 (summary) or $1,000,000 (indictable) for corporations, and fines up to $50,000 (summary) or $250,000 (indictable) for individuals, and potential imprisonment (up to 1 year on summary conviction or up to 5 years on indictment).
• Regulators expect the order to complement existing laws (like the Fisheries Act) and to help recovery efforts with little added administrative burden.