Migratory Bird Act

MOST species of birds in Canada are protected under the Migratory Birds Convention Act, 1994 (MBCA). The MBCA was passed in 1917, and updated in 1994 and 2005, to implement the Migratory Birds Convention, a treaty signed with the United States in 1916 [reference: Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22)]. The act provides a conduit to protect all migratory birds during their nesting period which, depending on the species, is generally between April 1 to July 31.

CARRYING out any activities that are deemed harmful to a migratory bird is punishable by imprisonment and/or fines ranging from $100,000 to $12,000,000.

WHY should this be a concern to SITEPLANTECH and our clients? Site development often requires the removal of trees where a migratory bird may have nested. But beware, migratory birds not only nest on trees but also on the ground. Therefore any site alteration planned during the nesting season should be well coordinated with a qualified biologist/ecologist who may need to perform nest surveys as the discovery of a migratory bird nest will require all work to stop in the immediate vicinity. Therefore in order to minimize the risk to your budget and schedule:

  • Have the right professionals on board well in advance
  • Take the necessary steps to remove vegetation in the winter

PLEASE follow this link to access the Act on the Government of Canada website.