Migratory Birds Regulations, 2022 (SOR/2022-105)

Marginal note:Aviculture permit

• 76 (1) Subject to the conditions of the permit, an aviculture permit allows its holder to

  • (a) buy, sell, exchange, give or have in their possession live migratory birds or their eggs for avicultural purposes;

  • (b) subject to subsection (5), deposit bait to feed migratory birds that are bought, sold, exchanged, captured or possessed under the permit; and

  • (c) kill migratory birds that they possess under the permit for the purpose of human consumption but not for sale or any other purpose.

• Marginal note:Capturing birds and taking eggs

  (2) The holder of an aviculture permit that contains an explicit authorization to capture migratory birds or take their eggs from the wild may, subject to the conditions of the permit, do so for avicultural purposes.

• Marginal note:Prohibition on killing by shooting

  (3) The holder of an aviculture permit must not kill migratory birds they have in their possession under that permit by shooting them.

• Marginal note:Prohibition on releasing into the wild

  (4) A person must not release a migratory bird possessed under an aviculture permit into the wild unless the Minister authorizes the release.

• Marginal note:Feeding birds

  (5) Despite subsections 6(1) and (2), the holder of an aviculture permit is authorized to deposit bait in order to feed the migratory birds possessed under that permit during the period referred to in subsection 6(1).

• Marginal note:Bait location

  (6) However, the permit holder must deposit the bait in a location that is specified in the permit and that is not visible to birds flying above the location.

• Marginal note:Obligations

  (7) The person to whom the permit is issued must

  • (a) keep records that correctly show at all times

    • (i) the number and species of migratory birds in their possession,

    • (ii) the number and species of eggs in their possession, and

    • (iii) full details of all dealings in migratory birds, whether by sale, exchange, loan or gift, including the full name and contact information and the permit number of every person who receives those migratory birds; and

  • (b) on or before January 31 of the year following each calendar year in which they held a permit referred to in subsection (1), submit a report in writing to the Minister in respect of the calendar year for which the permit was issued, stating

    • (i) the number of migratory birds of each species they reared during that calendar year,

    • (ii) the number of migratory birds of each species they killed during that calendar year,

    • (iii) the number of live migratory birds of each species and the number of eggs of each species they sold during that calendar year together with the full name and contact information and the permit number of each person to whom those birds or eggs were sold,

    • (iv) the number of live migratory birds of each species and the number of eggs of each species they purchased during that calendar year together with the full name and contact information and the permit number of each person from whom those birds or eggs were purchased,

    • (v) the number of live migratory birds of each species and the number of eggs of each species they gave during that calendar year together with the full name and contact information and the permit number of each person to whom those birds or eggs were given,

    • (vi) the number of live migratory birds of each species and the number of eggs of each species in their possession at the end of that calendar year, and

    • (vii) any other information the Minister requires.

Marginal note:Taxidermist permit

77 A taxidermist permit allows a taxidermist who is its holder, subject to the conditions of the permit, to have in their possession a migratory bird for the purpose of providing taxidermy services for profit.

Marginal note:Written statement

78 A taxidermist permit holder must not receive or accept a migratory bird for mounting unless the bird is accompanied by a statement in writing that is signed by the owner and indicates the owner’s full name and contact information, the permit number under which the bird was killed and the circumstances under which it was killed, including the date and the place.

Marginal note:Records

• 79 (1) A taxidermist permit holder must keep records showing, in respect of the migratory birds and eggs they have received,

  • (a) the name of each species and the number of birds and eggs belonging to each species;

  • (b) the date, place and other circumstances of the killing or taking of the birds and the taking of the eggs;

  • (c) the date on which the birds and eggs were received; and

  • (d) the full names and contact information of the owners of the birds and eggs, the permit numbers under which they were killed or taken and the persons from whom they were received by the taxidermist.

• Marginal note:Report

  (2) A person to whom a taxidermist permit is issued must submit an annual report to the Minister respecting the information referred to in subsection (1) or any other reports the Minister requires.

• Marginal note:Validity

  (3) In addition to the cases of invalidity set out in section 14, no taxidermist permit is valid if the person to whom it was issued fails to meet the requirements of this section.

Marginal note:Eiderdown commerce permit

80 An eiderdown commerce permit allows its holder, subject to the conditions of the permit, to collect or sell eiderdown or to have it in their possession.

Marginal note:Obligation – leaving sufficient eiderdown

81 A person who has the right to collect eiderdown must leave sufficient eiderdown in each nest from which they collect it to protect eggs from predators or environmental chilling.

Marginal note:Charity permit

• 82 (1) A holder of a charity permit and any person nominated on the permit in accordance with subsection (2) may, subject to the conditions of the permit, serve preserved migratory game birds and murres at a charitable fundraising event related to migratory bird conservation or a soup kitchen, or give them to the clients of a food bank.

• Marginal note:Nominees

  (2) The Minister may

  • (a) on the request of an applicant or a permit holder, add nominees to the permit; or

  • (b) remove nominees from the permit.

• Marginal note:Fundraising

  (3) Any profits made from serving migratory game birds or murres at a fundraising event must be used to protect or conserve wildlife.

• Marginal note:Permit holder obligations

  (4) The person to whom a charity permit is issued must

  • (a) keep records of the number of each species of preserved migratory game birds and murres received in each calendar year, the full name and contact information of the individual who took each migratory game bird or murre and the number of the permit under which it was killed; and

  • (b) if the preserved migratory game bird or murre was served as part of a charitable fundraising dinner, maintain until the first anniversary of the fundraiser records of all expenditures and revenues of the event and the manner in which the profits were used.

PART 5Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

Migratory Birds Convention Act, 1994

Migratory Bird Sanctuary Regulations

83 [Amendments]

84 [Amendments]

Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations

85 [Amendments]

Canada National Parks Act

Wood Buffalo National Park Game Regulations

86 [Amendments]

87 [Amendments]

National Parks Wildlife Regulations

88 [Amendments]

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

89 [Amendments]

90 [Amendments]

Repeal

91 The Migratory Birds RegulationsFootnote ⁶ are repealed.

• Return to footnote ⁶C.R.C., c. 1035

Coming into Force

Marginal note:July 30, 2022

92 These Regulations come into force on July 30, 2022, but if they are registered after that day, they come into force on the day on which they are registered.