Forward Regulatory Plan 2019 to 2021, Environment and Climate Change Canada, chapter 4

Wildlife and conservation

Protection Orders on federal land and non-federal land under the Species at Risk Act

Enabling Act

Species at Risk Act

Description

From time to time, orders may be made under the Species at Risk Act (SARA) to protect the critical habitat on federal land or critical habitat, individuals and residences on non-federal land of the species listed under the Act.

Standing Joint Committee on the Scrutiny of Regulations

The Standing Joint Committee on the Scrutiny of Regulations has written the Department and the Minister regarding the delay in the making of critical habitat protection orders and the Minister’s obligations under subsections 58(4) and (5) on several occasions.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

These Orders support both a domestic and international cooperation initiative. Domestically, this Order supports the Accord for the Protection of Species at Risk entered into in 1996 between the federal, provincial, and territorial governments. Internationally, these Orders support the United Nations Convention on Biological Diversity, which was signed by more than 150 countries and was entered into in 1993. The objective of the Conventions is to conserve biodiversity, sustainably use components of biodiversity, and share in a fair and equitable way the benefits of biodiversity.

Potential impacts on Canadians, including businesses

Stakeholders include federal departments and federal land managers, wildlife management boards, provinces and territories, Indigenous Peoples, businesses, and environmental non-government organizations.

Costs associated with orders on federal lands are expected to be born primarily by other federal departments and businesses operating on federal lands. Costs associated with orders on non-federal lands could impact provinces, territories, Indigenous Peoples, businesses, and Canadians, among others. These costs are currently unknown for future critical habitat protection orders. Costs will depend on the activities undertaken on federal lands and where critical habitat is identified on federal lands. Applications for permits will be required where critical habitat is protected for any activity that could destroy that critical habitat, but are only issued if certain conditions are met.

Consultations

Pre-consultations with stakeholders and Indigenous peoples will be conducted prior to publication in Canada Gazette.

Further information

Timing and further details are determined on a case-by-case basis and will be made available on the Species at Risk Public Registry.

ECCC Contact

Mary Jane Roberts
Director, SARA Management and Regulatory Affairs
Telephone: 819-938-4289
Email: mary-jane.roberts@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Orders Amending Schedule 1 to the Species at Risk Act

Enabling Act

Species at Risk Act

Description

From time to time, orders may be made amending Schedule I to the Species at Risk Act (SARA) to reflect listing decisions made by the Governor-in-Council.

Standing Joint Committee on the Scrutiny of Regulations

The Joint Committee has written the Department and the Minister on several occasions seeking clarification about the timelines related to section 27. Specifically, the Joint Committee has identified a delay in the Minister of the Environment forwarding species assessments to the Governor in Council (GIC). This issue is ongoing.  The Department recently committed to obtaining a GIC decision to amend Schedule 1 of SARA within 24 months of the COSEWIC Assessment and Status Reports being received for terrestrial species.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

These Orders support both a domestic and international cooperation initiative. Domestically, this Order supports the Accord for the Protection of Species at Risk entered into in 1996 between the federal, provincial, and territorial governments. Internationally, these Orders support the United Nations Convention on Biological Diversity, which was signed by more than 150 countries and was entered into in 1993. The objective of the Conventions is to conserve biodiversity, sustainably use components of biodiversity, and share in a fair and equitable way the benefits of biodiversity.

Potential impacts on Canadians, including businesses

Stakeholders include other federal departments and federal land managers, wildlife management boards, businesses that operate on federal lands, provinces and territories, Indigenous Peoples, and environmental non-government organizations,

Costs associated with these orders are expected to be born primarily by other federal departments and businesses operating on federal lands. Costs to other federal departments and businesses are currently unknown for future amendments to Schedule 1 of SARA. These costs will depend on the activities undertaken on federal lands and where the species is found on that land. Costs could also be incurred in applying for permits which will be required where threatened and endangered species are found for activities that could jeopardize the species or its residence.

Consultations

Consultations with stakeholders and Indigenous peoples will take place before and after publication of the proposed orders in the Canada Gazette, Part I. 

Further information

Timing and further details are determined on a case-by-case basis and will be made available on the Species at Risk Public Registry.

ECCC Contact

Mary Jane Roberts
Director, SARA Management and Regulatory Affairs
Telephone: 819-938-4289
Email: mary-jane.roberts@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2012-2014 Forward Regulatory Plan

Boreal Caribou Critical Habitat Protection Order

Enabling Act

Species at Risk Act

Description

The proposed ministerial order is required under Section 58 of the Species at Risk Act to protect the critical habitat of the Boreal Caribou on Federal land (excluding First Nations Reserve Lands and devolved land in the territories).

The proposed order will apply to the properties of approximately twelve federal departments and agencies and could impact users of these lands.  

Standing Joint Committee on the Scrutiny of Regulations

The Standing Joint Committee on the Scrutiny of Regulations has written the Department and the Minister regarding the delay in the making of critical habitat protection orders and the Minister’s obligations under subsections 58(4) and (5) on several occasions. The Joint Committee’s correspondence continues to highlight and question the Department on its failure to meet its obligations under these subsections of SARA.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This Order supports both a domestic and international cooperation initiative. Domestically, this Order supports the Accord for the Protection of Species at Risk entered into in 1996 between the federal, provincial, and territorial governments. Internationally, this Order supports the United Nations Convention on Biological Diversity which was signed by more than 150 Countries and was entered into in 1993. The objective of the Conventions is to conserve biodiversity, sustainably use components of biodiversity, and share in a fair and equitable way the benefits of biodiversity. 

Potential impacts on Canadians, including businesses

Stakeholders include federal departments and federal land managers, wildlife management boards, provinces and territories, Indigenous Peoples, businesses operating on federal lands, and environmental non-government organizations.

Costs associated with orders on federal lands are expected to be born primarily by other federal departments and businesses operating on federal lands. Overall, the analysis did not reveal any major incremental cost impacts on stakeholders and Indigenous Peoples.

Consultations

Pre-consultations with stakeholders and Indigenous peoples were conducted prior to publication in Canada Gazette, Part I. 

The proposed order was published in the Canada Gazette, Part I, on December 8, 2018 for a 30-day public comment period. The final order is targeted for publication in Canada Gazette, Part II in 2020.

Further information

Timing and further details are determined on a case-by-case basis and will be made available on the Species at Risk Public Registry.

ECCC Contact

Mary Jane Roberts
Director, SARA Management and Regulatory Affairs
Telephone: 819-938-4289
Email: mary-jane.roberts@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2017-2019 Forward Regulatory Plan Update

Woodland Caribou, Southern Mountain population Critical Habitat Protection Order

Enabling Act

Species at Risk Act

Description

The proposed ministerial order is required under Section 58 of the Species at Risk Act to protect the critical habitat of the Woodland Caribou, Southern Mountain population on Federal land (excluding First Nations Reserve Lands).

The proposed order will apply to the properties of a number of federal departments and agencies and could impact users of these lands.

Standing Joint Committee on the Scrutiny of Regulations

The Standing Joint Committee on the Scrutiny of Regulations has written the Department and the Minister regarding the delay in the making of critical habitat protection orders and the Minister’s obligations under subsections 58(4) and (5) on several occasions. 

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This Order supports both a domestic and international cooperation initiative. Domestically, this Order supports the Accord for the Protection of Species at Risk entered into in 1996 between the federal, provincial, and territorial governments. Internationally, this Order supports the United Nations Convention on Biological Diversity which was signed by more than 150 Countries and was entered into in 1993. The objective of the Conventions is to conserve biodiversity, sustainably use components of biodiversity, and share in a fair and equitable way the benefits of biodiversity.

Potential impacts on Canadians, including businesses

Stakeholders include federal departments and federal land managers, wildlife management boards, provinces and territories, Indigenous Peoples, businesses, and environmental non-government organizations.

Costs associated with orders on federal lands are expected to be born primarily by other federal departments and businesses operating on federal lands. These costs are currently unknown for future critical habitat protection orders. Costs will depend on the activities undertaken on federal lands and where critical habitat is identified on federal lands. Applications for permits will be required where critical habitat is protected for any activity that could destroy that critical habitat, but are only issued if certain conditions are met.

Consultations

Pre-consultations with stakeholders and Indigenous peoples will be conducted prior to publication in Canada Gazette. 

Further information

Timing and further details will be made available on the Species at Risk Public Registry.

ECCC Contact

Mary Jane Roberts
Director, SARA Management and Regulatory Affairs
Telephone: 819-938-4289
Email: mary-jane.roberts@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-2020 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – Designating the Edéhzhíe National Wildlife Area

Enabling Act

Canada Wildlife Act

Description

The proposed amendments will designate the Edéhzhíe National Wildlife Area (NWA) under the Canada Wildlife Act. The proposed Edéhzhíe NWA consists of an area of approximately 14 218 km2 located in the traditional Dehcho territory in the southwestern part of the Northwest Territories. This land is under the management and authority of ECCC. Edéhzhíe is a spiritual place that is ecologically and physically unique. Its lands, waters, and wildlife are integral to the Dehcho Dene culture, language, and way of life. It includes the Horn Plateau, a unique escarpment rising nearly 900 m above the surrounding landscape and contains boreal forest, uplands and wetlands. It is home to species at risk such as boreal woodland caribou, wood bison and wolverines, provides important migratory bird habitat, and contains the headwaters of much of the watershed in the Dehcho region.

The proposed amendments will fulfill part of the Government of Canada’s commitment under the Edéhzhíe Establishment Agreement, which was signed by the Minister of the Environment and the Dehcho Grand Chief on October 11, 2018. The Dehcho First Nations and the Government of Canada committed to duel, overlapping designation of this area. Edéhzhíe was designated as a Dehcho Protected Area under Dehcho Law in June 2018. With the establishment of a Dehcho Protected Area and NWA the Dehcho First Nations and the Government of Canada will work together to protect the area’s ecological integrity from impacts of future development and ensure that the Dehcho Dene way of life is maintained for present and future generations.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

ECCC is working with the Government of the Northwest Territories to establish the Edéhzhíe NWA.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to local Indigenous peoples and a number of stakeholders including the tourism sector, the oil and gas sector, the mining sector, and conservation groups, although no significant impacts are anticipated.

Consultations

Protecting Edéhzhíe’s culturally important and ecologically diverse land has been a community driven process for over 20 years. Through the Edéhzhíe Establishment Agreement, the Dehcho First Naitons and the Government of Canada are partners in this protection. The protection of Edéhzhíe is supported by the Tłichô Government.

Environment and Climate Change Canada has held a number of meetings with local Indigenous peoples and with key stakeholders, including the oil and gas sector, conservation groups, the mining sector, the tourism sector, and the Government of the Northwest Territories. 

The proposed amendments are targeting publication in the Canada Gazette, Part I, in 2020 for a 30-day public comment period.

Further information

Backgrounder on Edéhzhie protected area.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – Modernization

Enabling Act

Canada Wildlife Act

Description

The proposed amendments will amend the boundary descriptions of 14 National Wildlife Areas (NWAs) based on new survey data and, in some cases, to include lands that have been acquired by Environment and Climate Change Canada: 

  • Wallace Bay NWA, N.S. 
  • Tintamarre NWA, N.B.
  • Shepody NWA, N.B.
  • Baie de I’Isle Verte NWA, Que. 
  • Îles de l’Estuaire NWA, Que.
  • Pointe de I’Est NWA, Que. 
  • Long Point NWA, Ont. 
  • St. Clair NWA, Ont. 
  • Prince Edward Point NWA, Ont.
  • Mississippi Lake NWA, Ont. 
  • Prairie NWA, Sask.
  • Alaksen NWA, B.C. 
  • Columbia NWA, B.C. 
  • Qualicum NWA, B.C. 

The proposed amendments will also make miscellaneous amendments, such as changing descriptions and names of a number of NWAs and other administrative changes in the above NWAs as well as the following three NWAs:

  • Cap Tourmente NWA, Que.
  • Nirjutiqavvik NWA, Nun.
  • Polar Bear Pass NWA, Nun.

The proposed amendments will also provide more flexibility in the management of National Wildlife Areas (NWAs), while maintaining the current level of protection. The proposed amendments focus on improving the Regulations by adding more authorizing instruments, adding permitting terms and conditions, improving the permitting process, and creating exceptions for routine and essential activities.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to local Indigenous peoples and a number of stakeholders including non-governmental organizations, scientists and academics conducting research in NWAs, the tourism sector, the fur trade industry and the agricultural sector, although no significant impacts are anticipated.

Consultations

The proposed amendments are targeting publication in the Canada Gazette, Part I, in 2019 for a 30-day public comment period. 

Further information

List of National Wildlife Areas.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Regulations Amending the Migratory Birds Regulations – Modernization

Enabling Act

Migratory Birds Convention Act, 1994

Description

The proposed amendments will update and streamline the Migratory Birds Regulations in order to address issues regarding hunting management and correct outdated references to Aboriginal peoples.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The Migratory Birds Convention Act and the Migratory Birds Regulations implement the Migratory Birds Convention, an agreement between the United States and Canada. While some differences exist, the regulations are largely aligned with those in the United States. ECCC has been in contact with the governments of the provinces, territories and the United States with respect to the modernization effort.

Potential impacts on Canadians, including businesses

The proposed amendments could affect migratory game bird hunters and hunting organizations, conservation groups and Indigenous Canadians among others, however, no significant impacts are anticipated.

Consultations

Environment and Climate Change Canada held consultations in 2014, and Canadians were invited to review the regulatory proposal and submit comments. 

The proposed amendments are targeting publication in the Canada Gazette, Part I, in 2019 for a 60-day public comment period. 

Further information

Status of modernization of Migratory Birds Regulations.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Regulations Amending the Wild Animal and Plant Trade Regulations – Modernization

Enabling Act

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Description

The proposed amendments will update and streamline the Wild Animal and Plant Trade Regulations in order to implement decisions agreed to at a CITES Conference of the Parties, resolve issues identified by ECCC’s Wildlife Enforcement Directorate and to reduce administrative burden on stakeholders.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and the Wild Animal and Plant Trade Regulations are primarily used for the implementation of the Convention on International Trade in Endangered Species. These amendments will support Canadian stakeholders intending to import or export with other Parties, such as the U.S., by aligning their regulatory processes. All Parties to the Convention are required to comply with CITES. Canadians wishing to import or export specimens of species or species groups added to the CITES Appendices with other Parties will require the appropriate permits from the Government of Canada and as such, Canada must comply with the CITES permit system to ensure regulatory compatibility with the other Parties and to support these Canadians. 

The proposal is not expected to have an impact on regulatory coordination within Canada as there is ongoing cooperation with the provinces, territories and other federal departments, including Canada Border Services Agency, Fisheries and Oceans Canada, Natural Resources Canada and the Department of Foreign Affairs, Trade and Development.

Potential impacts on Canadians, including businesses

The proposed amendments could be of interest to a wide variety of groups that import or export plant and animal specimens including trade and industry associations, Indigenous groups, hunting and angling associations, environmental non-governmental organizations, as well as individual traders such as nurseries and breeders, museums, universities, zoos, furniture and musical instrument manufacturers, aquariums and other interested exporters and importers (tourists, pet owners, falconers etc.). However, no significant impacts are anticipated.

Consultations

The proposed amendments are targeting publication in the Canada Gazette, Part I, in 2020 for a 30-day public comment period.

Further information

Further information on trade in protected species.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-2020 Forward Regulatory Plan

Regulations Amending the Migratory Birds Regulations – Hunting Regulations

Enabling Act

Migratory Birds Convention Act, 1994

Description

The proposed regulations will amend Schedule 1 of the Migratory Birds Regulations to adjust season dates and bag and possession limits for migratory game bird species by province and territory. This is done to achieve conservation goals and allow for recreational migratory game bird hunting in Canada.

Commencing with the 2014–15 hunting season, Environment and Climate Change Canada moved from an annual to a biennial regulatory amendment cycle for the hunting regulations. However, Environment and Climate Change Canada is continuing to evaluate the status of migratory game birds on an annual basis to ensure that urgent regulatory amendments can be made if necessary.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

ECCC works collaboratively with the provincial and territorial governments, as well as the government of the United States, to develop the biennial hunting regulations. In addition, ECCC directly invites comments on the proposed regulations from Mexico, the Caribbean, Greenland, and St. Pierre and Miquelon. 

Potential impacts on Canadians, including businesses

The proposed amendments could be of interest to a wide variety of groups that import or export plant and animal specimens including trade and industry associations, Indigenous groups, hunting and angling associations, environmental non-governmental organizations, as well as individual traders such as nurseries and breeders, museums, universities, zoos, furniture and musical instrument manufacturers, aquariums and other interested exporters and importers (tourists, pet owners, falconers etc.). However, no significant impacts are anticipated.

Consultations

Environment and Climate Change Canada conducts extensive consultations on the hunting regulations with an array of stakeholders, including: the provinces/territories; wildlife management boards; the Governments of the United States, Mexico, the Caribbean, Greenland and St. Pierre and Miquelon; U.S. State Governments; national and provincial conservation and hunter organizations; and other interested individuals.

As part of the consultation process for these amendments, a Notice of Intent will be published in the Canada Gazette, Part I in early 2020. The purpose of this notice will be to inform stakeholders and the Canadian public that Environment and Climate Change Canada will be recommending regulatory amendments to the Migratory Birds Regulations for hunting. The notice will also inform stakeholders of the publication of the report Proposals to Amend the Canadian Migratory Birds Regulations, which will outline and explain the regulatory amendments that will be proposed and provide information on the consultation process.

The publication of the final amendments in the Canada Gazette, Part II, is targeted for 2020.

Further information

Further information on migratory game bird hunting.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-2020 Forward Regulatory Plan

Regulations Amending the Wild Animal and Plant Trade Regulations Schedule 1 – CITES CoP18

Enabling Act

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Description

The proposed amendments will ensure that the Wild Animal and Plant Trade Regulations reflect decisions made to the CITES Appendices resulting from the 18th Conference of the Parties to the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES) (CoP18).

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

These amendments will support Canadian stakeholders intending to import or export with other Parties, such as the U.S., by aligning their regulatory processes. All Parties to the Convention are required to comply with CITES. Canadians wishing to import or export specimens of species or species groups added to the CITES Appendices with other Parties will require the appropriate permits from the Government of Canada and as such, Canada must comply with the CITES permit system to ensure regulatory compatibility with the other Parties and to support these Canadians. 

The proposal is not expected to have an impact on regulatory coordination within Canada as there is ongoing cooperation with the provinces, territories and other federal departments, including Canada Border Services Agency, Fisheries and Oceans Canada, Natural Resources Canada and the Department of Foreign Affairs, Trade and Development.

Potential impacts on Canadians, including businesses

The proposed amendments could be of interest to a wide variety of groups that import or export plant and animal specimens including trade and industry associations, Indigenous groups, hunting and angling associations, environmental non-governmental organizations, as well as individual traders such as nurseries and breeders, museums, universities, zoos, furniture and musical instrument manufacturers, aquariums and other interested exporters and importers (tourists, pet owners, falconers etc.). However, no significant impacts are anticipated.

Consultations

Information on the proposals that will be considered at CoP 18 was posted on the ECCC website for public comment. 

A Notice of Intent was published in the Canada Gazette, Part I in January 2019. The notice invited interested Canadians to comment on the proposed amendments to the CITES Appendices and invited them to participate in a public meeting that was held to discuss the proposals that will be considered at CoP18.

Subsequent to CoP18, a second Notice of Intent will be published in the Canada Gazette, Part I to inform the public of the intent to amend the Regulations as a result of decisions made by CoP18.

The publication of the final amendments in the Canada Gazette, Part II, is targeted for 2020.

Further information

Further information on the 18th Conference of the Parties.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-2020 Forward Regulatory Plan Update

Regulations Amending the Wildlife Area Regulations – Schedule I Atlantic Archipelago National Wildlife Area

Enabling Act

Canada Wildlife Act

Description

The proposed amendments will be the first step in the creation of the Atlantic Archipelago National Wildlife Area (NWA). The proposed NWA will consist of critically important habitats in coastal habitats throughout Atlantic Canada based on transfer of administration and control of surplus properties from the Canada Coast Guard.  Country Island off of Guysborough County, Nova Scotia and Saint Paul Island off of Victoria County Nova Scotia will be the first two acquisitions in the creation of this NWA. Country Island (45 Ha) supports the largest colony of breeding terns in Nova Scotia including three species: the Common Tern, the Arctic Tern and the SARA-listed (Endangered) Roseate Tern for which the island has been designated as Critical Habitat.  Among the multiple other species also occurring on the island are significant numbers of Leach’s Storm Petrels (under assessment for SARA listing) and Common Eiders both of which are in significant decline. Saint Paul Island (396 Ha) is the only island located offshore between Cape Breton Island and Newfoundland which makes it an important stopover site for birds for birds migrating along the Atlantic flyway (crossing between Cape Breton and Newfoundland). Its location between the Atlantic Ocean and Gulf of St. Lawrence as well as boreal and temperate forests found on the island make it a unique area for biodiversity. It supports large numbers of endangered Bicknell’s Thrush as well as Leach’s Storm Petrel.  

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations, which will create a National Wildlife Area on remote lands that are already under federal jurisdictions and are not currently used for commercial purposes aside from occasional tourist excursions to Saint Paul Island which will continue to be allowed under the proposed regulations. The proposed regulations, will, therefore, have no impacts on international trade or investment and are not expected to have any impacts on local businesses. The proposed regulations will, nevertheless, likely be of interest to local Indigenous peoples as well as a number of stakeholders including the tourism sectors and conservation groups.

Consultations

The proposed regulations are targeting publication the Canada Gazette, Part I, in 2021 for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Regulations Amending the Migratory Bird Sanctuary Regulations – Big Glace Bay Migratory Bird Sanctuary

Enabling Act

Migratory Birds Convention Act, 1994

Description

Environment and Climate Change Canada (ECCC) has recently taken over administration and control of four parcels of land from Public Services and Procurement Canada surrounding Big Glace Bay, Nova Scotia. Two of these parcels, surrounding the northern and eastern portions of the bay, are already within the existing boundaries of the Big Glace Bay Migratory Bird Sanctuary (MBS). ECCC ownership of these properties allows for improvements on management for conservation of migratory birds. The remaining two properties, which are found to the southern and western portions of the bay will enable greater protection of the species within the Glace Bay MBS but will require expansion of the current boundaries of the MBS.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations, which will expand the area of an already-established MBS, have no impacts on international trade or investment and are not expected to have any impacts on local businesses as the land which will be added to the MBS is not currently used for commercial purposes. The proposed regulations will, nevertheless, likely be of interest to local Indigenous peoples as well as a number of stakeholders including the tourism sectors and conservation groups.

Consultations

The proposed regulations are targeting publication in Canada Gazette, Part I, in 2020 for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – Schedule I - Isle Haute National Wildlife Area

Enabling Act

Canada Wildlife Act

Description

The proposed amendments will designate the Isle Haute National Wildlife Area (NWA) under the Canada Wildlife Act. The proposed NWA consists of an area of approximately 108 hectares comprising the entire island located in the Bay of Fundy off of Cumberland County, Nova Scotia. ECCC is in the final stages of acquiring the lands that will make up the NWA from the Department of Fisheries and Oceans and the Canadian Coast Guard. It is home to more than 65 migratory bird species including the SARA-listed Peregrine Falcon as well as the Leach’s Storm Petrel that is presently being assessed for listing. It is one of a very few islands that occur in the upper Bay of Fundy.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations, which will create a National Wildlife Area on remote lands that are already under federal jurisdictions and are not currently used for commercial purposes aside from occasional tourist excursions which will continue to be allowed under the proposed regulations. The proposed regulations, will, therefore, have no impacts on international trade or investment and are not expected to have any impacts on local businesses. The proposed regulations will, nevertheless, likely be of interest to local Indigenous peoples as well as a number of stakeholders including the tourism sectors and conservation groups.

Consultations

The proposed regulations are targeting publication in Canada Gazette, Part I, in 2020 for a 30-day public comment period

Further information

Additional information may be obtained using the contact below.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations - Schedule I – Prairie National Wildlife Areas (#1)

Enabling Act

Canada Wildlife Act

Description

The proposed amendment will de-list the Prairie National Wildlife Areas (NWA) from the Canada Wildlife Act (CWA). The Minister of the Environment currently has the authority to dispose of lands within Units 1, 2, 3, 4, 5, 6, 7, 8, 10, 14, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26 as per her authorities under Section 9(3) of the CWA. The Prairie NWA was created in 1978 through a land transfer agreement with Agriculture and Agri-Food Canada, and many of the lands never contained suitable wildlife habitat. This amendment (along with the designation of four new NWAS from existing land holdings that make up the Prairie NWA) will consolidate valuable NWA lands and improve the efficiency of the Saskatchewan Protected Areas program.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations, which will reorganize federal lands which are currently designated as a NWA and which are not currently used for commercial purposes will have no impacts on international trade or investment and are not expected to have any impacts on local businesses. Given future alternative uses for some of the land parcels, the proposed regulations will be of interest to local Indigenous Peoples and a number of stakeholders including the oil and gas sector and conservation groups.

Consultations

The proposed regulations are targeting publication in Canada Gazette, Part I, in 2020 for a 30-day public comment period

Further information

Additional information may be obtained using the contact below.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations - Schedule I – Prairie National Wildlife Areas (#2)

Enabling Act

Canada Wildlife Act

Description

The proposed amendments will designate four National Wildlife Areas (NWAs) under the Canada Wildlife Act (CWA). These four NWAs will be created from existing federal land holdings that currently make up the Prairie NWA while at the same time the Prairie NWA will be de-listed. Specifically:

  • Great Sandhills NWA – will be established as a 512 ha NWA formed from existing Units 20 and 21 of the current Prairie NWA;
  • Harris Sandhills NWA – will be established as a 512 ha NWA formed from existing Units 9, 12 and 13 of the current Prairie NWA;
  • Longspur NWA – will be established as a 256 ha NWA formed from existing Unit 11 of the current Prairie NWA; and
  • Moose Mountain NWA – will be established as a 512 ha NWA formed from existing Unit 27 of the current Prairie NWA;

Habitats for wildlife within these four areas include a mixture of trembling aspen forests, sand dunes and mixed grass prairies as well as fresh and saline wetlands. Many migratory birds and species at risk occur in these areas including Sprague’s Pipit, Loggerhead Shrike, Burrowing Owl and Slender Mouse-ear Cress and deer, pronghorn, grouse and other wildlife are commonly observed.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations, which will reorganize federal lands which are currently designated as a NWA and which are not currently used for commercial purposes will have no impacts on international trade or investment and are not expected to have any impacts on local businesses. As the proposed regulations are not designating any new land, but rather reorganizing current land holdings, interest from stakeholders is expected to be minimal.

Consultations

The proposed regulations are targeting publication in Canada Gazette, Part I, in 2020 for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Regulations Amending the Wildlife Area Regulations – Schedule I - St. Lawrence National Wildlife Areas

Enabling Act

Canada Wildlife Act

Description

The proposed amendments will designate three National Wildlife Areas (NWAs) under the Canada Wildlife Act (CWA). Specifically:

  • Boucherville Islands NWA – will be constituted of nine separate islands found in the St. Lawrence Seaway between the urban centres of East Montreal and Boucherville which cover an area of 95 km2 NWA;
  • Varrennes and Vercheres Islands NWA – constituted of two islands found 15 km east of Montreal in the St. Lawrence Seaway which will cover an area of 125 km2; and
  • Lake Saint-Pierre Islands NWA – constituted of seven separate islands found in the St. Lawrence Seaway to the east of Sorel (Quebec) which will cover an area of 472 km2.

With respect to the proposed Boucherville Islands NWA, the nine islands that will form NWA are owned by the Montreal Port Authority and managed by Environment and Climate Change Canada (ECCC) through a land lease agreement that will be modified for the purpose of creating the NWA. Establishment of this NWA will be beneficial to wildlife conservation in the region as these islands are situated along a migration corridor and represent some of the last areas of natural habitat in an otherwise highly developed urban region (Montreal and surrounding municipalities). These islands are home to more than 60 species of birds and include critical habitat for species at risk such as the Least Bittern. With respect to the Varrennes and Vercheres Islands NWA, the lands found on these are presently owned by ECCC, the federal Department of Fisheries and Oceans (DFO) and the provincial public utility Hydro-Québec. Land acquisitions and land use agreements will be completed for the purpose of establishing the proposed NWA on these nine islands which are home to more than 43 species of birds, provide critical habitat for species at risk such as the Least Bittern and have important concentrations of several plant species that are considered at-risk at the provincial level. These islands are also used for breeding and/or nesting sites for multiple duck species including the Northern Pintail. With respect to the proposed Lake Saint-Pierre Islands NWA, these islands which are home to more than 62 species of birds and include critical habitat for the Least Bittern, are currently the property of DFO and also contain some private residences. An existing land use agreement with DFO could be modified for the purpose of creating the proposed NWA and land acquisitions could be considered for private residences.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations will create a National Wildlife Area on islands that are, for the most part, uninhabited and which are not currently used for commercial purposes aside from occasional tourist excursions in the surrounding areas which will continue to be allowed under the proposed regulations. The proposed regulations will, therefore, have no impacts on international trade or investment and are not expected to have any impacts on local businesses. The proposed regulations will, nevertheless, likely be of interest to local residents and Indigenous peoples as well as a number of stakeholders including the tourism sector and conservation groups.

Consultations

The proposed regulations are targeting publication in Canada Gazette, Part I, in 2020 for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2021 Forward Regulatory Plan

Consult Environment and Climate Change Canada’s acts and regulations web page for:

  • a list of acts and regulations administered by Environment and Climate Change Canada
  • further information on the department’s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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