Migratory Birds Regulations, 2022

Marginal note:Relocation permit

• 71 (1) A relocation permit allows its holder or their nominees named in the permit to undertake activities for the purpose of relocating the migratory birds, eggs and nests described in the permit, in the manner set out in the permit and subject to the conditions of that permit, including

  • (a) the capture of migratory birds, the taking of eggs and the removal of nests in an area described in the permit;

  • (b) the transport of those migratory birds, eggs and nests to the other area described in the permit; and

  • (c) the release of those migratory birds, and the placement of those eggs and nests, in that other area.

• Marginal note:Conditions

  (2) The Minister may issue a relocation permit only if the Minister has reason to believe that

  • (a) the relocation of birds, eggs and nests is necessary to prevent or reduce

    • (i) the danger that migratory birds are causing or are likely to cause to human health or to public safety in one or more areas, or

    • (ii) the damage that migratory birds are causing or are likely to cause to the use of the land or to agricultural interests; and

  • (b) other means are not sufficient to prevent or reduce the danger or damage.

• Marginal note:Eligible permit holder

  (3) A relocation permit may be issued only to a person who

  • (a) owns, leases or manages a parcel of land that is situated in the area described in the permit from which the birds are captured, the eggs are taken or the nests are removed;

  • (b) holds or is the authorized representative of a person who holds an easement, real servitude, right-of-way or licence of occupation in respect of a parcel of land that is situated in that area; or

  • (c) has or is the authorized representative of a person who has rights under the laws of a province to use a parcel of land that is situated in that area for public utilities or public infrastructure.