Emergency Order for the Protection of the Greater Sage-Grouse (SOR/2013-202)

Regulations are current to 2017-12-11 and last amended on 2017-10-20. Previous Versions

Marginal note:Prohibited acute sensory disturbances
  •  (1) A person must not operate a facility, motor vehicle or machine that produces a noise that exceeds 45 dB(A) at any given time between 1.5 hours before sunset to 1.5 hours after sunrise during the period beginning on April 1 and ending on May 30 of any given year, within a legal subdivision or road allowance.

  • Marginal note:Sunset and sunrise times

    (2) Sunset and sunrise times are established by using the forecast of Environment Canada for the location that is closest to the location to which a prohibition applies under subsection (1).

  • Marginal note:Non-application

    (3) Subsection (1) does not apply either inside or within 100 m of

    • (a) a residential building that exists on the date of the coming into force of this Order;

    • (b) a building that is used for the purposes of an agricultural operation if it exists on the date of the coming into force of this Order;

    • (c) a shelter that is used for the purposes of an agricultural operation if it remains at the same place where it was located on the date of the coming into force of this Order; or

    • (d) a structure or machine that is used to feed, handle, treat or provide water to grazing animals if it is used at the same place where it was used before the coming into force of this Order.

  • Marginal note:Non-application

    (4) The prohibition against operating a motor vehicle that produces a noise that exceeds 45 dB(A) during the period set out in subsection (1) does not apply to a person who operates a motor vehicle

    • (a) to or from a residential building;

    • (b) to or from a place where that person is conducting an agricultural operation; or

    • (c) to visit a person who is conducting an agricultural operation.

  • Marginal note:Application

    (5) This section applies to

    • (a) the legal subdivisions of the quarter-sections that are listed in column 1 of Part 1 or 2 of Schedule 1 for which “3(1)(a) to (f) and 4” or “3(1)(c) to (f) and 4” is set out in any of columns 2 to 5;

    • (b) the parts of road allowances that are between any two legal subdivisions referred to in paragraph (a) and that are contiguous to them; and

    • (c) the parts formed by the intersection of two road allowances whose four corners each touch a legal subdivision referred to in paragraph (a).

  • SOR/2017-223, s. 1(E).
Marginal note:Exception

 The prohibitions do not apply to a person engaging in activities related to public safety or health, or to the health of animals and plants, that are authorized under provincial law.

Marginal note:Offences

 Paragraphs 3(1)(a) to (f) and subsection 4(1) may give rise to offences under section 97 of the Species at Risk Act.

Coming into Force

Marginal note:90 days after registration

Footnote * This Order comes into force 90 days after the day on which it is registered.

 
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