Regulations Amending the Migratory Birds Regulations, 2022: SOR/2024-129

Canada Gazette, Part II, Volume 158, Number 13

Registration
SOR/2024-129 June 10, 2024

MIGRATORY BIRDS CONVENTION ACT, 1994

P.C. 2024-662 June 10, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Regulations Amending the Migratory Birds Regulations, 2022 under subsection 12(1)footnote a of the Migratory Birds Convention Act, 1994 footnote b.

Regulations Amending the Migratory Birds Regulations, 2022

Amendments

1 Subsection 21(2) of the Migratory Birds Regulations, 2022 footnote 1 is replaced by the following:

Inuvialuit

(2) Beneficiaries of the Inuvialuit Final Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act may, within the Inuvialuit Settlement Region, as defined in section 2 of that Agreement, hunt migratory birds and harvest their eggs without a permit and without being subject to a limit as to open seasons, a daily bag limit or a possession limit.

2 (1) The portion of paragraphs 1(a) and (b) of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

1(a) November 1 to February 15
(b) October 10 to January 24
(2) The portion of paragraph 1(c) of Table 1 of Part 1 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

1(c) September 16 to December 31 6 (not more than 1 may be Barrow’s Goldeneye)
(3) The portion of paragraphs 1(d) and (e) of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

1(d) September 16 to December 31
(e) September 16 to December 31
3 (1) The portion of paragraphs 2(a) and (b) of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

2(a) November 24 to March 10
(b) October 10 to January 24
(2) The portion of paragraph 2(c) of Table 1 of Part 1 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

2(c) September 16 to December 31 6 (not more than 1 may be Barrow’s Goldeneye)
(3) The portion of paragraphs 2(d) and (e) of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

2(d) September 16 to December 31
(e) September 16 to December 31
4 (1) The portion of paragraph 3(b) of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

3(b) October 10 to January 24
(2) The portion of paragraph 3(c) of Table 1 of Part 1 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

3(c) September 16 to December 31 6 (not more than 1 may be Barrow’s Goldeneye)
(3) The portion of paragraphs 3(d) and (e) of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

3(d) September 16 to December 31
(e) September 16 to December 31
5 The portion of item 4 of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

4(a)
  • (i) September 1 to September 25, for Scoters only
  • (ii) September 26 to December 16
  • (iii) December 17 to January 10, for Eiders only
(b) September 1 to December 16
(c) September 1 to December 16
(d) September 1 to December 16
(e) September 1 to December 16
6 (1) Paragraphs 5(a) and (b) of Table 1 of Part 1 of Schedule 3 to the Regulations are replaced by the following:
Item

Column 2

Species

Column 3

Possession Limit

Column 4

Open Season

Column 5

Daily Bag Limit

5 (a) all Eiders and Scoters, combined 12 September 1 to December 16 6
(2) The portion of paragraphs 5(c) to (f) of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

5(c) September 1 to December 16
(d) September 1 to December 16
(e) September 1 to December 16
(f) September 1 to December 16
7 The portion of items 6 and 7 of Table 1 of Part 1 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

6(a)
  • (i) September 1 to October 31, for Scoters only
  • (ii) November 1 to December 16
  • (iii) December 17 to February 15, for Eiders only
(b) September 1 to December 16
(c) September 1 to December 16
(d) September 1 to December 16
(e) September 1 to December 16
7(a)
  • (i) September 1 to October 24, for Scoters only
  • (ii) October 25 to November 30
  • (iii) December 1 to December 16, for Scoters only
  • (iv) December 21 to February 28, for Eiders only
(b) September 1 to December 16
(c) September 1 to December 16
(d) September 1 to December 16
(e) September 1 to December 16
8 (1) The portion of paragraph 1(a) of Table 1 of Part 2 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

1(a) October 1 to January 15
(2) The portion of paragraph 1(b) of Table 1 of Part 2 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

1(b) October 1 to January 15 6 (not more than 1 may be Barrow’s Goldeneye)
9 (1) The portion of paragraph 1(a) of Table 1 of Part 3 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

1(a)
  • (i) October 1 to November 1 (not an open season for Eiders)
  • (ii) November 2 to December 31
(2) Paragraph 1(a) of Table 1 of Part 3 of Schedule 3 to the Regulations is amended by adding, in columns 4 and 5, the following after sub-paragraph (ii):
Item

Column 4

Open Season

Column 5

Daily Bag Limit

1(a) (iii) January 1 to January 15 (not an open season for Eiders) 5 (not more than 4 may be Scoters)
(3) The portion of paragraph 1(b) of Table 1 of Part 3 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

1(b) October 1 to January 15 6 (not more than 1 may be Barrow’s Goldeneye)
10 (1) The portion of paragraph 2(a) of Table 1 of Part 3 of Schedule 3 to the Regulations in column 4 is replaced by:
Item

Column 4

Open Season

2(a)
  • (i) October 8 to November 1 (not an open season for Eiders)
  • (ii) November 2 to December 31
(2) Paragraph 2(a) of Table 1 of Part 3 of Schedule 3 to the Regulations is amended by adding, in columns 4 and 5, the following after sub-paragraph (ii):
Item

Column 4

Open Season

Column 5

Daily Bag Limit

2(a) (iii) January 1 to January 22 (not an open season for Eiders) 5 (not more than 4 may be Scoters)
(3) The portion of paragraph 2(b) of Table 1 of Part 3 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

2(b) October 8 to January 22 6 (not more than 1 may be Barrow’s Goldeneye)
11 (1) The portion of subparagraphs 1(a)(i) and (ii) of Table 1 of Part 4 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

1(a)
  • (i) October 15 to November 1 (not an open season for Eiders)
  • (ii) November 2 to December 31
(2) Paragraph 1(a) of Table 1 of Part 4 of Schedule 3 to the Regulations is amended by adding, in columns 4 and 5, the following after sub-paragraph (ii):
Item

Column 4

Open Season

Column 5

Daily Bag Limit

1(a) (ii.1) January 1 to January 5 (not an open season for Eiders) 6 (not more than 4 may be Scoters)
(3) The portion of paragraph 1(b) of Table 1 of Part 4 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

1(b) October 15 to January 29 6 (not more than 1 may be Barrow’s Goldeneye)
12 (1) Paragraph 2(a) of Table 1 of Part 4 of Schedule 3 to the Regulations is amended by adding, in columns 4 and 5, the following after subparagraph (ii):
Item

Column 4

Open Season

Column 5

Daily Bag Limit

2(a) (iii) January 1 to January 15 (not an open season for Eiders) 6 (not more than 4 may be Scoters)
(2) The portion of paragraph 2(b) of Table 1 of Part 4 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

2(b) October 1 to January 15 6 (not more than 1 may be Barrow’s Goldeneye)
13 The portion of paragraph 2(e) of Table 1 of Part 5 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

2(e) The first Saturday after August 31 to the first Saturday after December 14
14 The portion of paragraph 3(e) of Table 1 of Part 5 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

3(e) The first Saturday after August 31 to the first Saturday after December 14
15 The portion of paragraph 4(e) of Table 1 of Part 5 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

4(e) The first Saturday after August 31 to the first Saturday after December 14
16 (1) The portion of subparagraphs 5(a)(i) and (ii) of Table 1 of Part 5 of Schedule 3 to the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

5(a)(i) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
(ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
(2) The portion of paragraph 5(e) of Table 1 of Part 5 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Item

Column 4

Open Season

5(e) The first Saturday after August 31 to the first Saturday after December 14

17 Table 2 of Part 5 of Schedule 3 to the French version of the Regulations is amended by replacing “ces espèces” with “cette espèce”.

18 Paragraph 2(a) of Part 6 of Schedule 3 to the Regulations is replaced by the following:

19 (1) The portion of paragraph 1(a) of Table 1 of Part 6 of Schedule 3 to the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

1(a) 6 (not more than 1 may be Barrow’s Goldeneye)
(2) The portion of paragraph 1(f) of Table 1 of Part 6 of Schedule 3 to the French version of the Regulations in column 4 is replaced by the following:
Article

Colonne 4

Saison de chasse

1f) Du 15 septembre au 16 décembre
20 The portion of paragraph 2(a) of Table 1 of Part 6 of Schedule 3 to the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

2(a) 6 (not more than 1 may be Barrow’s Goldeneye)
21 The portion of paragraph 3(a) of Table 1 of Part 6 of Schedule 3 to the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

3(a) 6 (not more than 1 may be Barrow’s Goldeneye)
22 (1) The portion of paragraph 4(a) of Table 1 of Part 6 of Schedule 3 to the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

4(a)
  • (i) 6 (in Provincial Wildlife Management Units 60 to 87E and not more than 1 may be Barrow’s Goldeneye)
  • (ii) 6 (in Provincial Wildlife Management Units 88 to 95 and not more than 1 may be Barrow’s Goldeneye)
(2) The portion of subparagraph 4(b)(iii) of Table 1 of Part 6 of Schedule 3 to the Regulations in column 4 is replaced by the following:
Article

Column 4

Open season

4(b) (iii) the first Thursday after December 26 to the first Saturday after January 4, excluding Sundays, in municipalities where hunting with guns on Sundays is not permitted by provincial regulations

23 The definitions Game Bird Hunting Zone No. 2 and Game Bird Hunting Zone No. 3 in section 1 of Part 7 of Schedule 3 to the Regulations are replaced by the following:

Game Bird Hunting Zone No. 2
means the portion of Manitoba lying between Game Bird Hunting Zone No. 1 and the line commencing at the intersection of the boundary between Manitoba and Saskatchewan and latitude 53°N; from there easterly along that parallel of latitude to the east shore of Lake Winnipegosis; from there southeasterly along the shoreline of that lake to the northern limit of Township 43; from there easterly along the northern limit of that township to the boundary between Manitoba and Ontario. (Zone no 2 de chasse aux oiseaux considérés comme gibier)
Game Bird Hunting Zone No. 3
means the portion of Manitoba lying between Game Bird Hunting Zone No. 2 and Game Bird Hunting Zone No. 4. (Zone no 3 de chasse aux oiseaux considérés comme gibier)
24 The portion of paragraph 3(b) of Table 2 of Part 7 of Schedule 3 to the Regulations in column 6 is replaced by the following:
Item

Column 6

Additional Hunting Method or Equipment

3(b) Electronic bird calls of Canada Geese may be used. From March 15 to April 10, electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting Canada Geese with those calls, any other species of migratory bird for which it is the open season may be hunted
25 The portion of paragraph 4(b) of Table 2 of Part 7 of Schedule 3 to the Regulations in column 6 is replaced by the following:
Item

Column 6

Additional Hunting Method or Equipment

4(b) Electronic bird calls of Canada Geese may be used. From March 15 to April 10, electronic bird calls of Snow Geese and Ross’s Geese may be used. While hunting Canada Geese with those calls, any other species of migratory bird for which it is the open season may be hunted

26 Section 3 of Part 8 of Schedule 3 to the Regulations is repealed.

27 The portion of paragraph 1(a) of Table 2 of Part 8 of Schedule 3 to the French version of the Regulations in column 6 is replaced by the following:
Article

Colonne 6

Méthode ou équipement de chasse supplémentaires

1a) Les appeaux électroniques de l’Oie des neiges et de l’Oie de Ross peuvent être utilisés. Lors de la chasse à ces espèces avec ces appeaux, toute autre espèce d’oiseau migrateur dont c’est la saison de chasse peut être chassée
28 (1) The portion of paragraph 1(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

1(a) 24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 6 may be Harlequin Ducks)
(2) The portion of paragraph 1(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

1(a) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
29 (1) The portion of paragraph 2(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

2(a) 24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 6 may be Harlequin Ducks)
(2) The portion of paragraph 2(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

2(a) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
(3) The portion of paragraph 2(d) of Table 1 of Part 10 of Schedule 3 to the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

2(d) 30 (not more than 15 may be Ross’s Geese). An additional 15 Snow Geese may be possessed in Provincial Management Units 2-4 and 2-5
(4) The portion of subparagraph 2(d)(i) of Table 1 of Part 10 of Schedule 3 to the Regulations in columns 4 and 5 is replaced by the following:
Item

Column 4

Open Season

Column 5

Daily Bag Limit

2(d) (i) the Saturday after the first Monday in October to the first Tuesday after December 31 10 (not more than 5 may be Ross’s Geese). An additional 5 Snow Geese may be killed or taken in Provincial Management Units 2-4 and 2-5
(5) The portion of subparagraphs 2(d)(ii) and (iii) of Table 1 of Part 10 of Schedule 3 to the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

2(d)(ii) 10 (not more than 5 may be Ross’s Geese). An additional 5 Snow Geese may be killed or taken in Provincial Management Units 2-4 and 2-5
(iii) 10 (not more than 5 may be Ross’s Geese). An additional 5 Snow Geese may be killed or taken in Provincial Management Units 2-4 and 2-5
30 (1) The portion of paragraph 3(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

3(a) 24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 6 may be Harlequin Ducks)
(2) The portion of paragraph 3(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

3(a) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
31 (1) The portion of paragraph 4(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

4(a) 24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 6 may be Harlequin Ducks)
(2) The portion of paragraph 4(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

4(a) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
32 (1) The portion of paragraph 5(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

5(a) 24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 6 may be Harlequin Ducks)
(2) The portion of paragraph 5(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

5(a) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
33 (1) The portion of paragraph 6(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

6(a) 24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 6 may be Harlequin Ducks)
(2) The portion of subparagraphs 6(a)(i) to (iii) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

6(a)(i) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
(ii) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
(iii) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
34 (1) The portion of paragraph 7(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

7(a) 24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 6 may be Harlequin Ducks)
(2) The portion of paragraph 7(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

7(a) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)
35 (1) The portion of paragraph 8(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 3 is replaced by the following:
Item

Column 3

Possession Limit

8(a) 24 (not more than 12 may be Northern Pintails, not more than 12 may be Canvasbacks, not more than 6 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 6 may be Harlequin Ducks)
(2) The portion of paragraph 8(a) of Table 1 of Part 10 of Schedule 3 to the English version of the Regulations in column 5 is replaced by the following:
Item

Column 5

Daily Bag Limit

8(a) 8 (not more than 4 may be Northern Pintails, not more than 4 may be Canvasbacks, not more than 2 may be Barrow’s Goldeneyes or Common Goldeneyes, in any combination, and not more than 2 may be Harlequin Ducks)

36 Schedule 3 to the Regulations is amended by replacing “Wildlife Management Unit” and “Wildlife Management Units” with “Provincial Wildlife Management Unit” and “Provincial Wildlife Management Units”, respectively, in the following provisions:

Coming into Force

37 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Populations of migratory game birds fluctuate over time. Therefore, regular amendments to hunting season dates, daily bag limits and possession limits for migratory game birds are needed to help ensure a sustainable harvest of migratory game birds.

Background

Canada and the United States share a commitment to work together to conserve migratory birds in North America. In 1916, the United Kingdom, on behalf of Canada, and the United States signed the Convention Between the United Kingdom and the United States for the Protection of Migratory Birds in Canada and the United States (the Convention), which was amended in 1995 by the Parksville Protocol. Canada implements those agreements via the Migratory Birds Convention Act, 1994 (MBCA) and regulations made under that statute including the Migratory Birds Regulations, 2022 (MBR, 2022). The objective of the MBCA and the MBR, 2022 is to conserve and protect migratory birds. For migratory game birds (e.g., ducks, geese, cranes, rails, woodcock, snipe, doves and wild pigeons), one aspect of achieving this objective is the collaborative management of hunting. Under the Convention, subject to some exceptionsfootnote 2, the closed season on migratory game birds is between March 10 and September 1, and the season for hunting (e.g., open season) cannot exceed 107 days.

The MBR, 2022 protect migratory birds when they are present in Canada. In addition to protecting migratory birds through certain prohibitions and permitting regimes for activities affecting birds, nests and eggs, the MBR, 2022 also sets out the rules for migratory game bird hunting in Canada. The species-specific hunting season dates, daily bag limits and possession limits for each province and territory are set out in Schedule 3. These hunting provisions are reviewed every two years to ensure that hunting of migratory game birds is consistent with the goal of maintaining sustainable migratory game bird populations.

The Department of the Environment (the Department) evaluates the status of migratory game birds on an annual basis to ensure that the MBR, 2022 continue to support conservation objectives. While Schedule 3 of the MBR, 2022 is amended biennially, urgent regulatory amendments for conservation purposes can be made at any time if necessary.

Biennial amendments to the MBR, 2022 are informed by a variety of regional, national and international fora and partnerships. One approach of relevance to the current amendments is the International American Black Duck Harvest Strategy, which was adopted by Canada and the United States in 2012 to ensure the long-term sustainability of the American Black Duck population in Eastern North America. The goals of the Harvest Strategy recognize the importance of maintaining an American Black Duck population for both consumptive and non-consumptive use, the societal values associated with the hunting tradition and to allow equitable harvest between both countries. With this Harvest Strategy in place, combined data from three key monitoring programs — banding, breeding population and harvest surveys — are used to create an integrated population model to directly inform the American Black Duck hunting regulations in each country. The Harvest Strategy consists of four predefined regulatory options in Canada and three in the United States. The Canadian options are liberal, moderate, restrictive and closed. Canada has been under a “liberal” regulatory regime since 2018.

Objective

The objective of these amendments is to ensure the sustainable hunting of migratory game birds, by modifying certain hunting season dates, daily bag limits and possession limits for the 2024-2025 and 2025-2026 hunting seasons.

Description

Three types of amendments are made to the MBR, 2022. First, an amendment is made to correct an administrative error unintentionally introduced during the drafting of the modernized Regulations in 2022. Second, administrative amendments are made to Schedule 3 of the MBR, 2022 to correct errors and improve clarity of the hunting provisions. Third, amendments are made to Schedule 3 to adjust hunting season dates, daily bag and possession limits for hunting seasons 2024-2025 and 2025-2026.

1. Administrative amendments

The phrase “hunt and harvest migratory birds” is replaced by “hunt migratory birds and harvest their eggs” in subsection 21(2) to recognize the rights of the beneficiaries of the Inuvialuit Final Agreement to hunt migratory birds and harvest their eggs under section 35 of the Constitution Act, 1982. Their right to harvest eggs was inadvertently omitted during the drafting of the MBR, 2022. The intent had been to fully recognize the rights of the beneficiaries of the Inuvialuit Final Agreement, and as such, it is now being proposed to correct this administrative error.

2. Administrative amendments to Schedule 3

These amendments include various administrative amendments to Schedule 3 as follows:

3. Amendments to Schedule 3 for hunting seasons 2024-25 and 2025-26

The amendments for the 2024-2025 and 2025-2026 hunting seasons for each province and territory are as follows:

Newfoundland and Labrador

Increase season length and change generic season dates to fixed dates for duck, geese and snipe

All waterfowl (ducks and geese) and snipe opening and closing hunting season dates in Newfoundland and Labrador are changed from generic dates to fixed calendar dates. Further, the number of waterfowl and snipe hunting days is increased to the maximum allowable of 107 days. These measures will allow for up to 7 more hunting days. Further, one additional day is added to compensate for the loss of the Waterfowl Heritage Day, which was removed in 2022. Finally, an eider season is added to the Western Labrador Zone.

Table 1: Amendments to season dates for Newfoundland and Labrador for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to open season Previous open season New open season
Northwestern Coastal NFL Zone Long-tailed Ducks, Eiders and Scoters, combined Addition of one day to the end of open season November 1 to February 14 November 1 to February 15
Common and Red-breasted Mergansers, combined Addition of one day to the end of open season October 10 to January 23 October 10 to January 24
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined
  • All Geese
  • Snipe
Change from generic season dates to fixed dates; Addition of eight days for the 2024-2025 open season The third Saturday of September to the last Saturday of December September 16 to December 31
Avalon-Burin Coastal Newfoundland Zone, Northeastern Coastal Newfoundland Zone, Northern Coastal Newfoundland Zone, Southern Coastal Newfoundland Zone, and Southwestern Newfoundland Coastal Zone Long-tailed Ducks, Eiders and Scoters, combined Addition of one day to the beginning of the open season November 25 to March 10 November 24 to March 10
Common and Red-breasted Mergansers, combined Addition of one day to the end of the open season October 10 to January 23 October 10 to January 24
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined
  • All Geese
  • Snipe
Change from generic season dates to fixed dates; Addition of eight days for the 2024-2025 open season The third Saturday of September to the last Saturday of December September 16 to December 31
Inland NFL Zone   Common and Red-breasted Mergansers, combined Addition of one day to the end of the open season October 10 to January 23 October 10 to January 24
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), combined
  • All Geese
  • Snipe
Change from generic season dates to fixed dates; Addition of eight days for the 2024-2025 open season The third Saturday of September to the last Saturday of December September 16 to December 31
Northern Labrador Zone
  • Scoters
  • Common and Red-breasted Mergansers
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters)
  • All geese
  • Snipe
Change from generic season dates to fixed dates; Addition of one day for the 2024-2025 open season The first Saturday of September to the third Saturday of December September 1 to December 16
Eiders Change from generic season dates to fixed dates; Addition of one day for the 2024-2025 open season The last Saturday of September to the first Sunday after January 7 September 26 to January 10
  • Scoters
  • Common and Red-breasted Mergansers
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters)
  • All geese
  • Snipe
Change from generic season dates to fixed dates; Addition of one day for the 2024-2025 open season The first Saturday of September to the third Saturday of December September 1 to December 16
Eiders Addition of a new 107-day open season No open season September 1 to December 16
Southern Labrador Zone  
  • Scoters
  • Common and Red-breasted Mergansers
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters)
  • All geese
  • Snipe
Change from generic season dates to fixed dates; Addition of one day for the 2024-2025 open season The first Saturday of September to the third Saturday of December September 1 to December 16
Eiders Addition of one day to the end of the open season November 1 to February 14 November 1 to February 15
Central Labrador Zone  
  • Scoters
  • Common and Red-breasted Mergansers
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters)
  • All geese
  • Snipe
Change from generic season dates to fixed dates; Addition of one day for the 2024-2025 open season The first Saturday of September to the third Saturday of December September 1 to December 16
Eiders Change from generic season dates to fixed dates; Addition of one day to the beginning of the 2024-2025 early open season; Addition of fourteen days to the beginning of the 2024-2025 late open season
  • i) The last Saturday of October to the last Saturday of November
  • ii) The first Saturday of January to the last day of February
  • October 25 to November 30
  • December 21 to February 28
Increase opportunity to harvest American Black Ducks and Eiders

The restriction of four American Black Ducks in the daily bag limit for the last part of the season is removed and harvest of six ducks daily for the entire season is allowed. These changes are consistent with the target harvest rate of American Black Ducks under the “liberal” regulatory regime as per the International Black Duck Harvest Strategy. The new eider season in Western Labrador allows for a daily bag limit of 6 Eiders and Scoters, combined and a possession limit of 12 Eiders and Scoters, combined.

Table 2: Amendments to daily bag limits for Newfoundland and Labrador for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to daily bag limit Previous daily bag limit New daily bag limit
Northwestern Coastal NFL Zone American Black Duck Increase of daily bag limit during the later part of the open season
  • (i) 6 (not more than 1 may be Barrow’s Goldeneye) from the third Saturday of September to November 29
  • (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from November 30 to the last Saturday of December
6 (not more than 1 may be Barrow’s Goldeneye)
Northern Coastal NFL Zone / Southern Coastal NFL Zone / Southwestern Coastal NFL Zone / Northeastern Coastal NFL Zone / Avalon-Burin Coastal NFL Zone American Black Duck Increase of daily bag limit during the later part of the open season
  • (i) 6 (not more than 1 may be Barrow’s Goldeneye) from the third Saturday of September to November 29
  • (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from November 30 to the last Saturday of December
6 (not more than 1 may be Barrow’s Goldeneye)
Inland NFL Zone American Black Duck Increase of daily bag limit during the later part of the open season
  • (i) 6 (not more than 1 may be Barrow’s Goldeneye) from the third Saturday of September to November 29
  • (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from November 30 to the last Saturday of December
6 (not more than 1 may be Barrow’s Goldeneye)
Western Labrador Zone All Eiders and Scoters, combined Addition of a new open season for Eiders with a daily bag limit of 6 Eiders and Scoters, combined N/A (there was previously an open season for Scoters but not Eiders) 6 Eiders and Scoters, combined
Table 3: Amendments to possession limits for Newfoundland and Labrador for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to possession limit Previous possession limit New possession limit
Western Labrador Zone All Eiders and Scoters, combined Addition of a new open season for Eiders with a possession limit of 12 Eiders and Scoters, combined N/A (there was previously an open season for Scoters but not Eiders) 12 Eiders and Scoters, combined
Prince Edward Island
Increase season length for ducks

The number of duck hunting dates is increased to the maximum allowable of 107 days throughout Prince Edward Island. The seasons will be extended by 15 days.

Table 4. Amendments to season dates for Prince Edward Island for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to open season Previous open season New open season
Prince Edward Island
  • Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters)
Addition of fifteen days to the end of the open season October 1 to December 31 October 1 to January 15
Increase opportunity to harvest American Black Ducks

As in Newfoundland, the restriction of four American Black Ducks in the daily bag limit for the last part of the season is removed and harvest of six ducks daily for the entire season is allowed.

Table 5. Amendments to daily bag limits for Prince Edward Island for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to daily bag limit Previous daily bag limit New daily bag limit
Prince Edward Island American Black Duck Increase of daily bag limit during the later part of the open season
  • (i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 1 to November 30
  • (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than a total of 4 may be American Black Duck or Mallard-American Black Duck hybrids in any combination) from December 1 to December 31
6 (not more than 1 may be Barrow’s Goldeneye)
Nova Scotia
Increase season length for ducks and advance eider season

The number of duck hunting dates is increased to the maximum allowable of 107 days throughout Nova Scotia. The duck seasons will be extended by up to 8 days. The eider season is changed to align open season dates between Nova Scotia and New Brunswick.

Table 6. Amendments to season dates for Nova Scotia for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to open season Previous open season New open season
Zone No 1   Eiders Earlier dates for the open season November 9 to January 7 November 2 to December 31
  • Common and Red-breasted Mergansers, Long-tailed Ducks and Scoters
  • Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters)
Addition of eight days to the end of the open season October 1 to January 7 October 1 to January 15
Zone No 2   Eiders Earlier dates for the open season November 17 to January 15 November 2 to December 31
  • Common and Red-breasted Mergansers, Long-tailed Ducks and Scoters
  • Ducks (other than Harlequin Ducks, Common and Red-breasted mergansers, Long-tailed Ducks, Eiders and Scoters)
Addition of seven days to the end of the open season October 8 to January 15 October 8 to January 22
Increase opportunity to harvest American Black Ducks

As in Newfoundland and Prince Edward Island, the restriction of four American Black Ducks in the daily bag limit for the last part of the season is removed and harvest of six ducks daily for the entire season is allowed.

Table 7. Amendments to daily bag limits for Nova Scotia for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to daily bag limit Previous daily bag limit New daily bag limit
Zone No. 1 American Black Duck Increase of daily bag limit during the later part of the open season
  • (i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 1 to November 30
  • (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from December 1 to January 7
6 (not more than 1 may be Barrow’s Goldeneye)
Zone No. 2 American Black Duck Increase of daily bag limit during the later part of the open season
  • (i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 8 to December 7
  • (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from December 8 to January 15
6 (not more than 1 may be Barrow’s Goldeneye)
New Brunswick
Increase season length for ducks and advance eider season

The number of duck hunting dates is increased to the maximum allowable of 107 days throughout New Brunswick. The duck seasons will be increased by up to 15 days. Further, the eider season is changed to align open season dates within New Brunswick and between New Brunswick and Nova Scotia.

Table 8. Amendments to season dates for New Brunswick for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to open season Previous open season New open season
Zone No 1 Eiders Earlier dates for the open season November 6 to January 4 November 2 to December 31
Common and Red-breasted Mergansers, Long-tailed Ducks and Scoters Addition of one day to the end of the early open season October 15 to January 4 February 1 to February 24 October 15 to January 5 February 1 to February 24
Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters) Addition of fifteen days to the end of the open season October 15 to January 14 October 15 to January 29
Zone No 2 Common and Red-breasted Mergansers, Long-tailed Ducks and Scoters Ducks (other than Harlequin Ducks, Common and Red-breasted mergansers, Long-tailed Ducks, Eiders and Scoters) Addition of fifteen days to the end of the open season October 1 to December 31 October 1 to January 15
Increase opportunity to harvest American Black Ducks

As in Newfoundland, Prince Edward Island, and Nova Scotia, the restriction of four American Black Ducks in the daily bag limit for the last part of the season is removed and harvest of six ducks daily for the entire season is allowed.

Table 9. Amendments to daily bag limits for New Brunswick for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to daily bag limit Previous daily bag limit New daily bag limit
Zone No. 1 American Black Duck Increase of daily bag limit during the later part of the open season
  • (i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 15 to December 14
  • (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from December 15 to January 14
6 (not more than 1 may be Barrow’s Goldeneye)
Zone No. 2 American Black Duck Increase of daily bag limit during the later part of the open season
  • (i) 6 (not more than 1 may be Barrow’s Goldeneye) from October 1 to November 30
  • (ii) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) from December 1 to December 31
6 (not more than 1 may be Barrow’s Goldeneye)
Quebec
Advance the opening date for American Woodcock hunting season

The opening date of the American Woodcock hunting season is advanced for hunting districts B, C, D, E and F to the first Saturday after August 31, and the season will close on the first Saturday after December 14 (i.e., season would be from September 7 to December 21, 2024). There will be no change to the overall length of the season (106 days).

Table 10. Amendments to season dates for Quebec for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to open season Previous open season New open season
District B Woodcock Earlier dates for the open season The first Saturday after September 7 to the first Saturday after December 21 The first Saturday after August 31 to the first Saturday after December 14
Districts C, D, E, F Woodcock Earlier dates for the open season The first Saturday after September 14 to the first Saturday after December 28 The first Saturday after August 31 to the first Saturday after December 14
Increase opportunity to harvest American Black Ducks

Similar to the changes in the Atlantic provinces, the daily bag limit is increased from two to six American Black Ducks per day in all locations within hunting district F, thus removing the current restriction of two birds per day in locations south of Route 148 and west of Highway 15. Opening and closing season dates will not change.

Table 11. Amendments to daily bag limits for Quebec for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to daily bag limit Previous daily bag limit New daily bag limit
District F American Black Duck Increase of daily bag limit from 2 to 6 6 (not more than 1 may be Barrow’s Goldeneye, not more than 1 may be Blue-winged Teal and, in locations south of Route 148 and west of Highway 15, not more than 2 may be American Black Ducks) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 1 may be Blue-winged Teal)
Ontario
Increase opportunity to harvest American Black Ducks

Similar to the changes in the Atlantic provinces and Quebec, the daily bag limit of American Black Duck is increased from four to six in central and northern Ontario, from two to six in southeastern Ontario, and from two to three in southwestern Ontario. Opening and closing season dates will not change.

Table 12. Amendments to daily bag limits for Ontario for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to daily bag limit Previous daily bag limit New daily bag limit
  • Hudson-James Bay District
  • Northern District
  • Central District
American Black Duck Increase of daily bag limit from 4 to 6 6 (not more than 1 may be Barrow’s Goldeneye and not more than 4 may be American Black Ducks) 6 (not more than 1 may be Barrow’s Goldeneye)
Southern District American Black Duck Increase of daily bag limit in Provincial Wildlife Management Units 60 to 87E from 2 to 6 and in Provincial Wildlife Management Units 88 to 95 from 2 to 3 6 (not more than 1 may be Barrow’s Goldeneye and not more than 2 may be American Black Ducks
  • (A) 6 (not more than 1 may be Barrow’s Goldeneye) in Provincial Wildlife Management Units 60 to 87E
  • (B) 6 (not more than 1 may be Barrow’s Goldeneye and not more than 3 may be American Black Ducks) in Provincial Wildlife Management Units 88 to 95
Saskatchewan
Remove the restriction of half-day hunting for Canada Geese, Cackling Geese, and White-fronted Geese

The current restriction of half-day hunting in Saskatchewan where hunters can only hunt dark geese (Canada Geese, Cackling Geese, and White-fronted Geese) in the morning is removed. Allowing all-day hunting for dark geese for the entire season is consistent with the hunting times for all other species of migratory game birds in Saskatchewan.

Table 13. Amendments to season dates for Saskatchewan for hunting seasons 2024-2025 and 2025-2026
Hunting Zone Species Result of change to open season Previous open season New open season
Saskatchewan Canada Geese, Cackling Geese, White-fronted Geese, combined All-day hunting is permitted for the full open season From one-half hour before sunrise until noon, local time from September 1 up to and including October 14, and after that period, from one half-hour before sunrise until one half-hour after sunset up to and including December 16 September 1 to December 16

Note: No regulatory amendments are made for Manitoba, Alberta, British Columbia, Yukon, Northwest Territories and Nunavut for the 2024-2025 and 2025-2026 hunting seasons.

Regulatory development

Consultation

The Department has a formal consultation process that is used to determine hunting season dates and the number of migratory game birds that may be taken and possessed during those dates.

The consultation process for the amendments for the 2024-2025 and 2025-2026 hunting seasons began in fall 2023 when biological information on the status of migratory game bird populations was available. Biologists from the Department met with their provincial and territorial counterparts, as well as a number of partners and stakeholders, in technical committees to review new information on the status of migratory game bird populations and, where necessary, to discuss proposals for regulatory changes.

The population status information was published online in the report Population Status of Migratory Game Birds in Canada – 2023 footnote 3 on January 13, 2024. Proposals for regulatory amendments, representing a consensus reached between the Department and the provinces and territories through the work of the technical committees, were also published online on January 13, 2024, in the report Proposals to Amend the Canadian Migratory Birds Regulations – 2024: Consultation Document Hunting Seasons 2024-2025 and 2025-2026. footnote 4

A Notice of Intent was also published on January 13, 2024, in the Canada Gazette, Part I, notifying Canadians of the publication of the documents and inviting comments from Canadians, during a consultation period running from January 13, 2024, to February 12, 2024.

The Population Status of Migratory Game Birds in Canada – 2023 report and the Proposals to Amend the Canadian Migratory Birds Regulations – 2024: Consultation Document Hunting Seasons 2024-2025 and 2025-2026 report were also distributed directly to over 480 partners and stakeholders, including federal biologists in the United States, Mexico, the Caribbean, Greenland and St. Pierre and Miquelon, provincial and territorial biologists, Indigenous organizations, hunting organizations, individual migratory game bird hunters, conservation organizations and academia.

During the public consultation period, the Department received more than 100 written comments. The majority of comments expressed support for the proposed amendments. The comments also included some suggestions for the next round of amendments to the MBR, 2022 (2026-2027 and 2027-2028 hunting seasons). These suggestions will be carefully considered and discussed prior to then.

The following presents a summary of comments received during the public consultation, outlined on a regional basis:

Atlantic provinces

Most comments supported the Atlantic provinces’ proposals. However, one local hunting organization as well as a small number of hunters in Nova Scotia indicated their opposition to the extension of the duck season length in Prince Edward Island and Nova Scotia. They expressed concerns that an extension of the season to mid-January could concentrate ducks in small areas of open water, making them easy targets for hunters. The Department will continue to carefully monitor harvest and populations using data from banding, the Waterfowl Breeding Population and Habitat Survey and the National Harvest Survey on an annual basis, and should a substantial increase in harvest pressure occur, the Department can determine if modifications to the season are required for conservation reasons. Under the MBR, 2022, if the Minister of the Environment considers it necessary for the conservation of migratory game birds, the Minister may take measures such as altering open seasons, daily bag limits, or possession limits, and prohibiting the hunting of a species of migratory game bird during the hunting season. A closure to the migratory game bird season would only occur if waterfowl populations were experiencing population-level impacts.

A few comments expressed opposition to the increase in bag limit for American Black Ducks in New Brunswick. The American Black Duck Hunting Strategy is currently set for a 30% increase in the Canadian harvest rate of American Black Ducks over the 1997-2010 mean harvest rate (i.e., a “liberal” regulatory regime under the Strategy). However, current American Black Duck provisions in the MBR, 2022 result in a harvest rate in Canada that is much lower than the maximum allowed in the liberal package. These amendments are in line with the Convention as well as the American Black Duck International Harvest Strategy. The amendments increase daily bag limits for American Black Duck to help ensure parity between Canada and the U.S.

One hunter in Newfoundland and Labrador expressed concerns that moving to a fixed opening date could give an unfair advantage to some hunters when the opening date is not on a Saturday, as some people may not be able to hunt. The additional seven days added to the end of the season may offset any loss of hunting opportunity at the beginning of the season from a fixed opening date. The proposed opening date of September 16 will allow consistency within the regulations and provide all zones on the island of Newfoundland with the same opening date. Further, this date is considered biologically appropriate, as the majority of waterfowl have completed their annual molt and some have initiated fall migration at this latitude by mid-September.

A small number of hunters in Nova Scotia and Newfoundland and Labrador suggested that the waterfowl seasons were opening too early, and suggestions were made to delay opening the seasons. The waterfowl opening dates set in Newfoundland and Labrador and Nova Scotia are considered biologically appropriate, as they correspond to when the majority of waterfowl have completed their annual molt and some have initiated fall migration at the latitudes for which they are set.

Quebec

All comments received supported the proposals to increase the daily bag limit for American Black Ducks and advance the Woodcock season to earlier dates in Quebec.

Ontario

All comments received except one supported the proposal to increase the daily bag limit for American Black Ducks in Ontario. One comment expressed that this proposal was not limited to subsistence hunting of American Black Ducks and that all non-subsistence harvest of American Black Ducks in Canada should be banned.

The goals of the Harvest Strategy recognize the importance of maintaining an American Black Duck population for both consumptive and non-consumptive use, the societal values associated with the hunting tradition and to allow equitable harvest between both countries. The amendments are in line with the Convention as well as the American Black Duck International Harvest Strategy. The amendments liberalize the American Black Duck hunting regulations to help ensure parity between Canada and the U.S. The Department will continue to carefully monitor harvest and populations using data from banding, the Waterfowl Breeding Population and Habitat Survey and the National Harvest Survey on an annual basis, and should a substantial increase in harvest pressure occur, the Department can determine if modifications to the season are required for conservation reasons.

Saskatchewan

Most comments were supportive of allowing all-day hunting for dark geese (Canada Geese, Cackling Geese and White-fronted Geese). Individual hunters indicated that this measure will be beneficial because hunting opportunity to harvest geese will increase, it will encourage young hunters to participate in hunting in the evening after school and will align the regulations with adjacent provinces. They also expressed that goose populations are abundant and increased hunting opportunity is a way to encourage new permit holders as well as retain existing hunters and counter the decline in migratory game bird hunters in Canada. However, a few hunters expressed concerns that this measure would put pressure on geese to migrate south sooner and provide less hunting opportunity for local resident hunters. A suggestion was made to keep the restriction or limit the season for non-residents of Canada. Outfitters were supportive because they feel this change will increase business opportunities. However, one outfitter opposed this measure because it would eliminate the period for geese to rest in the afternoon and was concerned outfitters could be blamed.

Canada Geese, Cackling Geese and White-fronted Geese populations are abundant in Saskatchewan and hunting is sustainable. Allowing all-day hunting will provide more hunting opportunities for both individual hunters and outfitters. There is full-day hunting for residents and non-residents of Canada of other migratory game bird species in Saskatchewan, and dark geese are already subject to disturbance by hunting of those species, so additional disturbance by the proposed measure is not expected to be significant.

Prepublication

Given the extensive consultations undertaken, including the publication of a Notice of Intent in the Canada Gazette, Part I, these amendments were not prepublished in the Canada Gazette, Part I.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation (AMTI), an assessment of modern treaty implications was conducted. The AMTI examined the geographical scope and subject matter of the initiative and concluded that the amendments are not expected to impact the section 35 rights of Indigenous peoples, modern treaties, or international human rights obligations.

The MBR, 2022 provisions for hunting and harvesting recognize that individuals exercising section 35 rights may hunt migratory birds and harvest their eggs without a permit, are not subject to open season dates and so can therefore hunt throughout the year and are not subject to bag or possession limits. As the amendments apply only to hunters who are required to possess a hunting permit, they do not impact the Indigenous right to hunt and harvest migratory birds and their eggs.

The hunting provisions of the MBR, 2022 also ensure hunting in Canada is at an appropriate and sustainable level for each migratory game bird species. As such, the amendments are also unlikely to have a negative impact on the right to access an abundant resource by Indigenous peoples who hold indigenous or treaty rights.

Due to the absence of any amendments that could adversely impact section 35 rights, the proposed amendments are not believed to trigger the duty to consult. However, the Department engages with a number of Indigenous groups, including modern treaty holders, regarding proposed hunting regulations. In the three territories, engagement occurs via the Wildlife Management Boards, which are co-management instruments that allow for direct involvement of Indigenous governments and organizations in wildlife management in their land claim areas or regions. In Labrador, modern treaties holders are engaged through a migratory game birds technical committee that meets biannually. Representatives are given the opportunity to ask questions, discuss possible scenarios, and take potential changes back to their respective governments or organizations for further discussion before presenting further comments and input to the Department. Similar approaches are taken for modern treaty holders in Quebec, where engagement occurs through coordinating committees and wildlife management boards that are established under modern treaty holders’ respective agreements. In British Columbia, the provincial Ministry of Forests, Lands, and Natural Resource Operations conducts the consultation for development of hunting regulation proposals and modern treaty holders are engaged at a regional level according to the terms of reference described in their Modern Treaties.

Instrument choice

Article II of the Convention requires that, as an effective means of preserving migratory birds, the Governments of Canada and the United States establish hunting seasons. It has been determined that other instruments, such as voluntary codes or guidelines, would not allow Canada to meet this obligation. Regulation with enforceable penalties is the only type of instrument that would allow Canada to use the establishment of hunting seasons as an effective means of preserving migratory birds. Moreover, section 5 of the MBCA prohibits the possession of a migratory bird, except as authorized by the MBR, 2022. Regulations are needed to allow the possession of hunted migratory birds. This cannot be achieved using other non-regulatory instruments.

Regulatory analysis

Benefits

Migratory game birds provide substantial social, environmental and economic benefits to communities across the country. These benefits to Canadians result from both hunting and non-hunting (e.g., bird-watching) uses of migratory birds. According to the 2012 Canadian Nature Survey, the total expenditures related to hunting and trapping in Canada were 1.8 billion dollars, including hunting waterfowl ($327 million) and other game birds ($312 million)footnote 5. Although these expenditures are not a measure of net benefits of these activities, they demonstrate the importance of these activities to Canadians. The number of Migratory Game Bird Hunting (MGBH) Permits sold in a given year is a proxy of the number of migratory game bird hunters. Annual sales of MGBH permits have been declining for several decades, with an all-time low in 2020, when sales were down to 147,185. In 2022, 156,393 MGBH Permits were sold compared to 191,516 permits in 2012, representing an 18% declinefootnote 6. Recent data on expenditures related to waterfowl hunting (such as how much each hunter spends during a hunting trip) are not available; however it is likely that expenditures related to waterfowl hunting found in 2012 remain valid.

The hunting provisions of the MBR, 2022 are reviewed every two years to ensure that hunting of migratory game birds is consistent with the goal of maintaining sustainable migratory game bird populations, and the Department will continue to conduct migratory game bird surveys annually to ensure hunting remains a sustainable activity. Given that many of the amendments for hunting seasons 2024-2025 and 2025-2026 increase the hunting season length, daily bag limit and possession limit, there would be a benefit for Canadians who enjoy hunting. The tourism sector and outdoor outfitters would indirectly benefit from longer hunting season length since hunters would spend more time travelling for this activity or more on hunting equipment. Biennial amendments to the hunting provisions also ensure access to abundant migratory game birds by Indigenous people, which promotes the broad objectives of socio-economic development, traditional harvest rights, and protection and promotion of Indigenous cultures.

Costs

There are no anticipated costs to businesses, consumers, Canadians, or the environment. The regulations are intended to ensure that migratory game bird populations remain at sustainable levels, and it is anticipated that these changes will not result in an appreciable increase in harvest levels. In this way, the value that some Canadians may place on these species through non-hunting uses (e.g. bird-watching or wildlife photography) is not anticipated to be negatively impacted.

It is anticipated that there will be minor costs to the Government of Canada as a result of the amendments due to compliance and promotion activities. The cost of producing annual MGBH Summaries is not in itself incremental to this amendment; however there are incremental costs related to updating the MGBH Summaries with amendment-specific information, communicating with stakeholders, as well as reviewing the existing content of MGBH web pages, and updating them accordingly. The total incremental costs for these activities are estimated at approximately $1,700 (2023 constant Canadian dollars).

Due to the increased length of some hunting seasons, additional enforcement resources may be required in some regions/territories, though these costs are expected to be minimal.

Small business lens

The amendments do not reduce or impose any new or incremental costs on business. There is no commercial harvest of migratory birds in Canada. The MBR, 2022 apply to hunters as individuals, not businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no impact on business. There is no commercial harvest of migratory birds in Canada and the MBR, 2022 do not impose any direct administrative burden on outfitters. Hunters alone are responsible for understanding and complying with the MBR, 2022.

Regulatory cooperation and alignment

In Canada, wildlife conservation is a shared responsibility between the federal government and the provincial and territorial governments. Provinces and territories are primarily responsible for habitat protection and wildlife conservation and are also responsible for managing hunting of most other wildlife species. However, the Department is responsible for the conservation and protection of migratory birds in Canada, including management of migratory game bird hunting. The Department’s legislative mandate for migratory birds originates in the Convention between Canada and the United States. Most bird species that migrate are listed in the Convention and are protected by the MBCA and the MBR, 2022. Bird species that are not listed in the Convention are under provincial and territorial jurisdictions, with species at risk also protected under the Species at Risk Act. Provinces and territories protect wildlife through their respective wildlife legislation and conservation programs. Manitoba, Saskatchewan, Alberta and British Columbia regulate migratory game bird hunting by aligning their provincial hunting regulations with the MBR, 2022. The other provinces and territories rely on the federal regulations for migratory game birds rather than reflecting the federal regulations in their provincial/territorial regulations. Regardless of regulatory approach, most provinces and territories have additional licence requirements for hunting migratory birds and/or to carry firearms. When provinces and territories develop synopses summarizing their hunting regulations, they either include summaries of the federal regulations (or the provincial regulations that reflect the federal ones) for migratory game birds in their province or territory, or they refer hunters to the Government of Canada web pages for information about migratory game bird hunting and permits.

As outlined in previous sections, these amendments were developed in close collaboration with the United States and the provincial and territorial governments. They will promote regulatory alignment with these jurisdictions, which share responsibility with Canada for the management of migratory birds. These amendments are also in line with Canada’s obligations under the Convention.

Strategic environmental assessment

A Strategic Environmental Assessment was conducted in respect of these amendments.

The Department has determined that the nature and biodiversity outcomes expected to result from the amendments will be modest, but positive. The amendments ensure that the MBR, 2022 continue to support healthy and sustainable migratory game bird populations. The Department will continue to conduct migratory game bird surveys annually, to ensure that migratory game birds remain at a sustainable level and that hunting remains a sustainable activity. The number of migratory bird hunters has decreased over time, resulting in a decrease in waterfowl harvest. In addition, most of the harvest takes place early in the hunting season, therefore extending the season later is expected to have a limited impact on the number of ducks harvested.

The modest, positive environmental effects of these amendments support targets 5 and 9 of the Kunming-Montreal Global Biodiversity Framework, which pertain to ensuring sustainable harvest, management and use of wild species. The amendments also contribute to the 2022-2026 Federal Sustainable Development Strategy Goal 15 “Protect and recover species, conserve Canadian biodiversity” by enabling species population control that will reduce stress from species with population sizes above their acceptable range. The amendments contribute to the United Nations Sustainable Development Goal 15: Life on Land, by supporting the conservation of biodiversity.

It was determined that the proposal will not produce important effects related to climate change. Any impacts would be indirect and minor.

Gender-based analysis plus

A gender-based analysis plus was performed for these amendments to evaluate whether sex, gender, age, ethnicity, sexual orientation, income, education, employment status, language, visible minority status, disability or religion could influence how a person is impacted by the changes.

The amendments target hunters who are required to possess a valid federal MGBH Permit. Information on the demographics of this group is limited; however the median age of a migratory game bird permit holders is 35 to 39 years old. In addition, most hunters are likely to be male, white, highly educated and with middle to high income levels.

These amendments are expected to contribute to modest social, environmental and economic benefits to communities across the country. While these amendments would be beneficial to all Canadians, they may particularly benefit the demographic groups described above who are most likely to be hunters.

The amendments to the hunting regulations (open season dates, daily bag limit and possession limits) will also indirectly benefit Indigenous peoples, by ensuring their access to abundant migratory game birds, which promotes the broad objectives of socio-economic development, traditional harvesting rights, and protection and promotion of Indigenous cultures.

As a result of this analysis, it was determined that the amendments are not expected to have any negative impacts on, nor present any direct barriers to any particular groups on the basis of gender and other identity factors such as ethnicity, culture, religion, sexual orientation, age, mental or physical disability, and income.

Implementation, compliance and enforcement, and service standards

The amendments will come into force on the day on which they are registered.

The Department has developed a compliance strategy for the amendments to the hunting provisions of the MBR, 2022. Compliance with the amendments will be promoted to hunters via the publication of regulatory summary brochures, outlining the season dates, and the daily bag and possession limits for each of the 2024-2025 and 2025-2026 hunting seasons. The regulatory summary brochures are distributed at the point of sale of MGBH Permits, posted on the Canada.ca website, and are available for downloading when hunters purchase their permits online.

The Department’s enforcement officers and provincial and territorial conservation officers have authority to enforce the MBCA and its associated Regulations. Officers may verify compliance with the law by patrolling hunting areas, checking hunting licences, permits, equipment, daily bad and possession limits, to name a few.

In the event of contravention on the law, federal game officers may issue warning letters, tickets (where applicable), Administrative Monetary Penalties (AMPs), compliance orders or higher fines that reflect the seriousness of the offence. For example, the fine range associated with a designated offence set out in the schedule of the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations for an individual on summary conviction is no less than $5,000 CDN and no more than $300,000 CDN, or imprisonment for a term of not more than 6 months, or both. Fines are doubled for second or subsequent offences. Designated offences involving direct harm or risk of harm to the environment, or obstruction of authority, subject an offender to minimum fines and increased maximum fines upon conviction.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 15th Floor
Gatineau, Quebec
K1A 0H3
Email: ReglementsFaune-WildlifeRegulations@ec.gc.ca