Canada Gazette, Part I, Volume 157, Number 26: Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations
July 1, 2023
Statutory authorities
Canada Wildlife Act
Environmental Violations Administrative Monetary Penalties Act
Sponsoring department
Department of the Environment
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Department of the Environment (the Department) recently took over the administration of the land on Country Island, Isle Haute and St. Paul Island from the Department of Fisheries and Oceans (DFO). These islands provide habitat and critical functions for a number of migratory birds and species at risk.
Currently, some wildlife species on the three islands benefit from protections from federal acts. As is the case across Canada, migratory birds, their nests and eggs are protected under the Migratory Birds Convention Act, 1994 (MBCA) and the Migratory Birds Regulations, 2022 (MBR 2022). Country Island also receives protection, under the Species at Risk Act (SARA), against the destruction of critical habitat for the Roseate Tern. These islands are also protected by the trespassing provisions in Nova Scotia’s Protection of Property Act.
Additional broader habitat protections under the Canada Wildlife Act (the Act) and the Wildlife Area Regulations (the Regulations) would enable greater conservation for the wildlife and habitat on these islands.
Background
The Act and the Regulations allow for the establishment, management and protection of National Wildlife Areas (NWAs) for research, conservation and interpretation purposes. NWAs are established in order to protect and conserve wildlife and wildlife habitat. In Budget 2018, under Nature Legacy 2018, the Government of Canada committed to supporting Canada’s biodiversity and to protecting species at risk, in part by expanding the network of NWAs. In addition, the 2019 Speech from the Throne committed to protecting and conserving 25 percent of Canada’s lands and oceans by 2025. To support these goals, the Government of Canada invested an additional $2.3 billion over five years in Budget 2021. Canada has further committed to protect 30% of land and freshwater (and coastal and marine areas) by 2030 as a signatory to the Kunming-Montreal Global Biodiversity Framework.
Country Island
Country Island is a 21 hectare largely treeless island located off the southeast coast of Nova Scotia near Country Harbour and Tor Bay. It provides habitat and critical functions for a number of migratory birds and species at risk. In recent years, Country Island has been designated as critical habitat for the Roseate Tern, listed as Endangered under Schedule 1 of SARA, as it supports one of the largest breeding colonies in Canada (approximately 25% of the Canadian nesting population). The Island also supports approximately 2% of the western Atlantic population of Leach’s Storm-Petrel, which is assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) as Threatened (but not yet listed under SARA) and is Nova Scotia’s largest Common and Arctic Tern nesting colony. Country Island is an important stopover site for migrating shorebirds and songbirds and is contained within the Country Island Complex Important Bird Area (IBA # NS028). An IBA is an internationally recognized area of importance for migratory birds (e.g. for breeding, nesting, feeding, migration).
Isle Haute
Isle Haute, an 89 hectare island with 100 metre-tall cliffs, is situated in the upper regions of the Bay of Fundy in Nova Scotia. Isle Haute is the largest and one of the very few islands in the upper Bay of Fundy providing undisturbed habitat where over 60 species of birds breed, stage or winter. It is an important gull, seabird and Common Eider nesting site. There are significant records of use by Indigenous People, going back at least 600–800 years and likely further.footnote 1
St. Paul Island
St. Paul Island is a 478 hectare island located approximately 24 km northeast of Cape North on Cape Breton Island, along the boundary between the Gulf of St. Lawrence and the Cabot Strait. St. Paul Island is extremely rugged with its shores being completely encircled by rockface cliffs. It supports approximately 1% of the Canadian Bicknell’s Thrush population, listed as Threatened under Schedule 1 of SARA and is a nesting site for Leach’s Storm-Petrel, which is assessed by COSEWIC as Threatened. The waters around St. Paul Island are an important foraging site for gulls, sea ducks and seabirds and the island is also an important migration stopover site for migrating songbirds crossing between Nova Scotia and Newfoundland. This island is contained within the St. Paul Island Important Bird Area (IBA # NS032).
The protection offered by the MBCA and the MBR 2022 applies only to migratory birds and their nests and eggs whereas the protection offered by the Regulations applies to all species and their habitats. SARA only protects species at risk (i.e. species that are listed in Schedule 1 thereof) whereas the Regulations protect all wildlife species. Furthermore, while SARA protects critical habitat of species at risk once it has been identified in a recovery strategy or an action plan and published in the Canada Gazette (for critical habitat within an NWA) or made subject to a ministerial order (for critical habitat located on federal lands outside an NWA or other type of protected area), the Regulations protect all habitat, critical or otherwise, of all species, whether or not the species is a species at risk and whether or not its critical habitat has been identified. Additionally, SARA only protects a species habitat for as long as the species is listed as a species at risk under SARA. In the case of Country Island, SARA protection would be removed if Roseate Terns recover or cease to breed on the island. The Federal Real Property and Federal Immovables Act that regulates the management of these Islands does not provide the ability to directly restrict human entry to Country Island, Isle Haute and St. Paul Island. Issues of trespassing could only be dealt with through provincial trespassing legislation. The Nova Scotia Protection of Property Act (PPA) allows for prosecution; however, the associated fines are very low (e.g. $500) and would not be a sufficient deterrent. The Act allows the Governor in Council to make regulations that prohibit entry into an NWA which is proposed to be the case for Country Island NWA, Isle Haute and St. Paul Island NWA (from April 1 to August 31 of every year). The NWA designation would increase considerably the amount of the fine in case of trespassing.
Objective
The combined area (588 hectares) of the proposed new Country Island (21 hectares), Isle Haute (89 hectares) and St. Paul Island (478 hectares) NWAs would contribute towards the Government of Canada’s commitment to conserve 30 percent of Canada’s land by 2030. The proposed creation of the new NWAs would also contribute to increasing the overall health of the local ecosystems, as well as to mitigating the effects of climate change in these areas.
Description
The proposed Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations - Country Island, Isle Haute and St. Paul Island National Wildlife Areas (the proposed Regulations) would designate 588 hectares of land on Country Island, Isle Haute and St. Paul Island in Nova Scotia as three new NWAs.
Proposed establishment of Country Island National Wildlife Area (Nova Scotia)
The proposed Regulations would designate 21 hectares of land that constitutes Country Island, County of Guysborough, Province of Nova Scotia, as a new NWA by adding it to Part I (Nova Scotia) of Schedule I to the Regulations. All of the island would be included within the boundaries of the NWA, with the exception of a parcel of land approximately 1 600 square metres where a helipad and lighthouse are present. This parcel, known as “Parcel A”, would remain under the administration of DFO.
Due to its significant importance as a nesting site for colonial seabirds (i.e. Common and Arctic Terns) and designation of critical habitat for Roseate Terns, entry into this NWA would be prohibited for those without a permit.
Pursuant to subsection 3(1) of the Regulations, it would also be prohibited for anyone to undertake any of the following activities within the boundaries of the Country Island NWA unless authorized by a permit issued under the Regulations:
- (a) introduce any living organism that is likely to result in harm to any wildlife or the degradation of any wildlife residence or wildlife habitat;
- (b) hunt, fish or trap;
- (c) be in possession of any equipment that could be used for hunting, fishing or trapping;
- (d) have in their possession, while fishing, any lead sinkers or lead jigs;
- (e) have in their possession any wildlife, carcass, nest, egg or a part of any of those things;
- (f) carry on any agricultural activity, graze livestock or harvest any natural or cultivated crop;
- (g) bring a domestic animal with hooves into the wildlife area;
- (h) allow any domestic animal to run at large or keep it on a leash that is longer than 3 metres;
- (i) carry on any recreational activities, including swimming, camping, hiking, wildlife viewing, snowshoeing, cross-country skiing and skating;
- (j) participate in a group meal or a group event of 15 or more people;
- (k) light or maintain a fire;
- (l) operate a conveyance—including a conveyance without a driver on board—other than an aircraft;
- (m) conduct a take-off or landing of an aircraft, including a remotely piloted aircraft;
- (n) operate on land or in the water a remotely controlled self-propelled device or set in motion on land or in the water an autonomous self-propelled device;
- (o) remove, deface, damage or destroy any poster or sign or any fence, building or other structure;
- (p) sell, or offer for sale, any goods or services;
- (q) carry on any industrial activity;
- (r) disturb or remove any soil, sand, gravel or other material;
- (s) dump or deposit any rubbish or waste material, or any substance that would degrade or alter the quality of the environment;
- (t) remove, deface, damage or destroy any artifact or natural object; or
- (u) carry out any other activity that is likely to disturb, damage, destroy or remove from the wildlife area any wildlife—whether alive or dead—wildlife residence or wildlife habitat.
Proposed establishment of Isle Haute National Wildlife Area (Nova Scotia)
The proposed Regulations would designate 89 hectares of land that constitute Isle Haute, County of Cumberland, Province of Nova Scotia, as a new NWA, by adding it to Part I (Nova Scotia) of Schedule I to the Regulations. All of the island would be included within the boundaries of the NWA, with the exception of a parcel of land (approximately 0.37 hectares) where a light tower is present. This parcel, known as “Parcel A”, would remain under the administration of DFO. Given that Isle Haute is one of the very few islands in the upper Bay of Fundy providing undisturbed habitat for over 60 species of birds, as well as the fact that there are records of significant historical use of the island by Indigenous People, entry into this NWA would be prohibited year-round without a permit.
Prohibitions pursuant to subsection 3(1) of the Regulations will apply to Isle Haute NWA, and are the same as those listed above for the Country Island NWA.
Proposed establishment of St. Paul Island National Wildlife Area (Nova Scotia)
The proposed Regulations would designate 478 hectares of land that constitutes St. Paul Island, County of Victoria, Province of Nova Scotia, with the exception of all islets and rocks north of The Tickle, as a new NWA, by adding it to Part I (Nova Scotia) of Schedule I to the Regulations. All islets and rocks north of The Tickle would remain under the administration of DFO.
Entry to this NWA without a permit from April 1 to August 31 each year (i.e. during the breeding season) will be prohibited, by way of adding this NWA to section 3.3 of the Regulations.
The proposed Regulations would amend Part I (Nova Scotia) of the Schedule I.1 to the Regulations to allow the following activities that are currently taking place in the area to continue in the St. Paul Island NWA (from September 1st until March 31st) without the need for a permit:
- (a) wildlife viewing;
- (b) hiking;
- (c) non-commercial picking of edible plants and edible mushrooms;
- (d) boat launching and landing, into and from, the ordinary high water mark of St. Paul Island.
Prohibitions pursuant to subsection 3(1) of the current Regulations will apply to St. Paul Island NWA, and are the same as those listed above for the Country Island NWA.
The proposed Regulations would also make consequential amendments to the Environmental Violations Administrative Monetary Penalties Regulations (EVAMPR) in order to add Country Island National Wildlife Area and Isle Haute National Wildlife Area to the list of NWAs contained therein. No amendment to the EVAMPR would be required with respect to St. Paul Island National Wildlife Area because entry into this National Wildlife Area (from April 1st to August 31st of the same year) would be prohibited by subsection 3.3(2) of the Regulations, which is already listed in the EVAMPR. Accordingly, the proposed amendments to the Regulations and to the EVAMPR would enable administrative monetary penalties (AMPs) to be issued in the event an individual enters Country Island National Wildlife Area, Isle Haute National Wildlife Area or St. Paul Island National Wildlife Area (from April 1st to August 31st) without a permit or otherwise contravenes the prohibitions.
Regulatory development
Consultation
The Department reached out to 35 local First Nations communities and organizations, provincial and municipal governments, as well as over 29 other local stakeholders, including conservation organizations and local tour operators, with respect to the proposed NWA designation and the activities which are proposed to be prohibited and/or allowed within the proposed NWA.
A consultation package consisting of a letter outlining the proposed NWA designations of Country Island, Isle Haute and St. Paul Island, together with a map of the proposed NWA areas and a table of current and future permissible activities within the sites, was sent via email or mail to the above-mentioned stakeholders and Indigenous communities and organizations. A follow-up with the groups who had not responded by the specified date was done via email or in person.
In addition, Nova Scotia First Nations and Indigenous organizations have been engaged by the Department in discussions identifying appropriate Mi’kmaq names for the NWAs. Discussions are ongoing, and expected to result in the final NWAs bearing Mi’kmaq names.
The Department received responses from over half of the groups contacted (19 out of 35 Indigenous organizations and 15 out of 29 stakeholders). Among Indigenous groups, 10 Mi’kmaq First Nations in Nova Scotia and 9 Mi’kmaq First Nations in New Brunswick responded. Overall, these responses supported the designation of the proposed Country Island, Isle Haute and St. Paul NWAs.
Stakeholders raised a few questions or concerns. Following consultations, the Department sent follow-up letters, including a summary of the concerns raised, an explanation of how these issues were addressed, and an indication of next steps in the NWA designation process.
One concern was raised by a local historical society as to whether the creation of the St. Paul NWA would prevent the possibility of St. Paul Island being designated as a National Historic Site by Parks Canada in the future. It also inquired as to whether continued access and conservation of the lighthouse would be possible. A response letter was sent to the organization explaining that the designation of St. Paul Island as an NWA would not prevent it from being also designated as a National Historic Site by Parks Canada, and clarified that the islet north of The Tickle, which contains the lighthouse, is still under the administration of DFO, and is not proposed to be part of the NWA.
Another concern was raised by two private tour operators that the proposed NWAs could prevent them from continuing to access the helicopter landing pad that currently exists on St. Paul Island. A response letter was sent to these companies explaining that the helicopter pad located on the islet north of The Tickle at St. Paul Island is located outside of the boundaries of the proposed NWA. DFO will continue to administer this land, and permission to access this site would continue to be sought through DFO.
Finally, a concern was raised by a local hunting association requesting information on how (if at all) hunting access would change on St. Paul Island following the NWA designation. A response letter was sent to this association indicating that the designation of St. Paul Island as an NWA will not alter the pre-existing prohibition on hunting on the island. Hunting was prohibited by DFO and will continue to be prohibited once designated as an NWA.
Subsequent to the pre-consultation, Kwilmu’kw Maw-klusuaqn, an organization working on behalf of the Mi’kmaq in Nova Scotia, reported significant evidence of historical Indigenous use on Isle Haute and indicated their preference that access to the island by the public be restricted. The Department notified the organization that entry into this NWA would indeed be proposed to be prohibited year-round without a permit, given that Isle Haute is one of the very few islands in the upper Bay of Fundy providing undisturbed habitat for over 60 species of birds, as well as the fact that there are records of significant historical use of the island by Indigenous People.
Modern treaty obligations and Indigenous engagement and consultation
To ensure that the proposed Regulations have been developed and will be implemented in a way that respects and complies with modern treaties and the rights of modern treaty partners, an Assessment of Modern Treaty Implications (AMTI) was conducted. The AMTI did not identify any modern treaty implications with respect to the proposed designation of Country Island, Isle Haute and St. Paul Island NWAs. As noted above, the Department sought comments from local Indigenous peoples on the proposed NWAs’ designation and on the modifications to authorized activities within the proposed NWAs. The Department is presently working with the Mi’kmaq to identify indigenous names for the NWAs, and discussing what role the Mi’kmaq would like to undertake with respect to co-managing the NWAs.
Instrument choice
The Act authorizes the Governor in Council to establish NWAs by regulation. A parcel of land can only be designated as an NWA under the Wildlife Area Regulations by regulation; therefore, other instruments were not considered.
Regulatory analysis
Costs and benefits
This analysis presents the costs and benefits of the proposed Regulations. The incremental costs are expressed as the difference between the baseline and regulatory scenarios. In the baseline scenario, Country Island, Isle Haute and St. Paul Island remain administered by the Department but are not designated as an NWA. Under the regulatory scenario, Country Island, Isle Haute and St. Paul Island are designated as NWAs by the Department. Unless otherwise noted, all monetary values reported in this analysis are in 2023 constant dollars. Costs provided in present value terms were discounted at three percent, to a base year of 2023, over the period of 2023 to 2032.
Benefits
Although a small percentage, the proposed Regulations would contribute to the Government of Canada’s ongoing commitment to conserving 25 percent of Canada’s land by 2025 and working toward conserving 30% by 2030. Given the value that Canadians place on the protection of local wildlife species (including species at risk) and their habitats on all three islands, it is anticipated that the proposed Regulations would benefit Canadians and Indigenous populations. Furthermore, the proposed Regulations would contribute to improving overall biodiversity, the maintenance of which is essential for healthy ecosystems, human health and well-being.
As previously noted, there are records of significant historical use of Isle Haute for Indigenous people. Archaeological evidence suggests Isle Haute has been used as a seasonal food resource or partially occupied by Indigenous people between 600 and 800 years ago, with earlier occupation being highly likely. Although Nova Scotia’s Special Places Protection Act restricts activities that may disturb or damage artifacts without a Heritage Research Permit, there is evidence of illegal removal of artifacts from Isle Haute for personal collections, which has negatively affected potential archaeological remains.footnote 2 While the isolation of Isle Haute may limit the number of annual visitors to the island, the proposed Regulations would restrict access to the island year-round to anyone without a permit, while allowing access to Indigenous populations exercising their constitutionally protected rights, adding incremental protections to any archaeological remains of historic occupation by Indigenous populations.
Existence value
Existence values are benefits that people receive from the knowledge that the species and habitats within the proposed NWAs will continue to exist in their current condition for perpetuity, and are distinct from benefits people may receive from actual use of the proposed NWAs. There is evidence that Canadian households would financially support the creation of a larger number of protected areas, irrespective of whether those individuals will ever visit them,footnote 3 and a 2019 survey revealed that 93% of respondents agreed or strongly agreed that protected areas are necessary, and that these respondents consider protecting wildlife and areas of natural beauty as the leading reason for having protected areas.footnote 4
The continued existence of these species, supported through the proposed Regulations, may provide value to Canadians.
Costs
The proposed Regulations are not anticipated to result in any significant new costs to businesses, consumers or the Canadian public, because the proposed uses of the Country Island, Isle Haute and St. Paul Island NWAs do not differ from their current uses. There are no economic activities currently taking place within the boundaries of the proposed NWAs. As per NovaScan - the Nova Scotia Geoscience Maps and Publications Database, there are currently no active exploration licences or mineral leases within the proposed NWAs areas, nor have any such licences or leases in these areas been issued in the past. As such, it is unlikely that any permits for mineral extraction would be applied for in these proposed NWAs once they have been designated as NWAs.
The proposed Regulations are anticipated to result in incremental costs for the Government of Canada related to the administration, compliance promotion and enforcement activities for the proposed NWAs. The costs associated with the proposed Regulations are expected to be low. The Department will be responsible for the administration of the new NWAs and for the enforcement of all applicable statutes and regulations within the boundaries of the new NWAs.
For the first year, costs would include development and distribution of compliance promotion material estimated at $115,000.footnote 5 Enforcement activities such as strategic and tactical intelligence development, set up of logistics for inspections/patrols, travel and transportation of equipment, is estimated to cost $97,000. The total undiscounted first-year costs are therefore estimated at approximately $212,000.
For all subsequent years, annual government costs are estimated to be approximately $153,000 (undiscounted), the majority of which is a result of the remoteness of the sites. These costs would be distributed between Canadian Wildlife Service administration, travel and equipment and Enforcement Branch strategic and tactical intelligence logistics for inspections, patrols, travel and transportation of equipment. Additionally, there are 0 anticipated permit applications included in the analysis. The Department estimates a total present value of all enforcement and compliance costs at approximately $1.4 million over 10 years.
Small business lens
There are no small businesses operating in the areas of the proposed NWAs. The small business lens does not apply, as the proposed Regulations would not impose any compliance or administrative costs on small businesses.
One-for-one rule
There are no businesses operating in the areas of the proposed NWAs. The “one-for-one” rule does not apply because the proposed Regulations would not impose any new administrative burden on businesses.
Regulatory cooperation and alignment
Given that Canada has unique needs with respect to wildlife and habitat conservation, and that Canada has unique statutory instruments to conserve and protect its wildlife and habitat within its borders, there is no regulatory cooperation or alignment component associated with the Regulations.
Strategic Environmental Assessment
A Strategic Environmental Assessment (SEA) was conducted in respect of the proposed Regulations. The Department has determined that the environmental outcomes expected to result from the creation of the proposed Country Island, Isle Haute and St. Paul Island NWAs are modest, but positive. The current situation does not prevent hunting or provide protection against the destruction of habitat, and does not allow for direct management of human use of the sites. In comparison, the NWA designation under the proposed Regulations would afford protection of a large number and wide range of species, enhancing conservation and protection of local wildlife species, including species at risk, and their habitats.
The Proposal would support the 2022-2026 Federal Sustainable Development Strategy (FSDS) Goal 15 of Protecting and recovering species, conserving Canadian biodiversity by supporting the targets “By 2026, increase the percentage of species at risk listed under federal law that exhibit population trends that are consistent with recovery strategies and management plans to 60%, from a baseline of 42% in 2019”, as well as “By 2030, increase the percentage of migratory bird species whose population sizes fall within an acceptable range—neither too low nor too high—to 70% from 57% in 2016”. The proposed amendments would support these targets by helping to ensure that species are provided appropriate protection. The Proposal would also indirectly contribute to the FSDS Goal 13 of Taking action on climate change and its impacts by maintaining the long-term overall health of the local ecosystems and supporting the conservation of biodiversity, as many ecosystems play a key role in mitigating climate change impacts. The Proposal would also contribute to the United Nations Sustainable Development Goal (SDG) 15 Life on Land and SDG 13 Climate Action.
Gender-based analysis plus
A gender-based analysis plus (GBA+) has been performed for these amendments. No negative GBA+ impacts have been identified for the proposed Regulations. However, the GBA+ analysis suggested some minor positive effects for local Indigenous groups specifically, as a result of extending protected wildlife areas.
Implementation, compliance and enforcement, and service standards
Implementation
The proposed Regulations would come into force upon registration.
Upon establishment of the proposed NWAs, the Department would be the lead federal organization responsible for compliance promotion and enforcement activities according to the protections provided for under the Act and the Regulations.
Compliance and enforcement
A compliance strategy has been developed to support implementation of the proposed Regulations. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the legislation through education and outreach activities that raise awareness and understanding. Given that the proposed Regulations would not impose any significant new requirements, compliance promotion and enforcement activities would be limited, and would have a targeted focus. These activities may involve web content, social media, direct mail outs, signage, and stakeholder inquiries.
The Act provides wildlife officers (designated under the Act) with various powers (e.g. inspection, right of passage, search and seizure, custody of things seized) and enforcement measures (compliance orders, tickets, AMPs, and prosecutions) to secure compliance. The Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations (the Designation Regulations) designate offences under the Act that subject an offender to minimum fines and increased maximum fines upon conviction by prosecution.
Enforcement activities are generally prioritized based on conservation risk to wildlife and wildlife habitat as well as the level of risk of non-compliance. In cases involving minor situations of non-compliance, a warning, compliance order, ticket or AMP may be appropriate. In cases involving a serious incident of non-compliance, prosecution may be the most appropriate recourse for enforcement purposes. In such cases, the fine regime described in the Designation Regulations would apply upon conviction and explain offences and punishments (penalties, fines and imprisonment) for offenders, whether they are individuals, small revenue corporations or other persons. Part I of Schedule I.2 to the Contraventions Regulations designates offences under the Wildlife Area Regulations that can subject an offender to a fine. Division 1 of Part 2 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations (EVAMPR) designates violations under the Canada Wildlife Act and Division 2 designates violations under the Wildlife Area Regulations, which can subject a violator to an AMP.
Contact
Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Canadian Wildlife Service
Environment and Climate Change Canada
351 St. Joseph Blvd., 16th Floor
Gatineau, Quebec K1A 0H3
Email: ReglementsFaune-WildlifeRegulations@ec.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations under section 12footnote a of the Canada Wildlife Act footnote b and subsection 5(1) of the Environmental Violations Administrative Monetary Penalties Act footnote c.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Caroline Ladanowski, Director, Wildlife Management and Regulatory Affairs Division, Canadian Wildlife Service, Department of the Environment, 351 Saint-Joseph Boulevard, 16th Floor, Gatineau, Quebec K1A 0H3 (email: ec.ReglementsFaune-WildlifeRegulations.ec@canada.ca).
Ottawa, June 22, 2023
Wendy Nixon
Assistant Clerk of the Privy Council
Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations
Canada Wildlife Act
Wildlife Area Regulations
1 (1) Paragraph 3.3(1)(a) of the Wildlife Area Regulations footnote 6 is replaced by the following:
- (a) Country Island National Wildlife Area, as set out in item 8 of Part I of Schedule I;
- (a.1) Isle Haute National Wildlife Area, as set out in item 9 of Part I of Schedule I;
- (a.2) Îles de la Paix National Wildlife Area, as set out in item 3 of Part III of Schedule I;
(2) Subsection 3.3(2) of the Regulations is replaced by the following:
(2) No person shall enter St. Paul Island National Wildlife Area or Mohawk Island National Wildlife Area during the period beginning on April 1 in any year and ending on August 31 in the same year except in accordance with a permit issued under section 4.
2 Part I of Schedule I to the Regulations is amended by adding the following in numerical order:
8 Country Island National Wildlife Area
All that certain island, piece or parcel of land situated at Country Island, County of Guysborough, Province of Nova Scotia, shown as Parcel CI-R (Country Island Remainder) on Department of Public Works and Government Services Plan S-6549 titled “Plan of Survey of Parcel A, Subdivision of Country Island, and Showing Parcel CI-R (Country Island Remainder), Land Granted to H. M. in right of Canada”, dated February 4, 2020, as signed by H. James McIntosh, Nova Scotia Land Surveyor, said Parcel CI-R being more particularly described as follows:
Being the entirety of Country Island (PID 35067164) as shown on the above mentioned plan;
Saving and excepting from Country Island Parcel A, as shown on the above said plan and more particularly described as follows:
Beginning at the intersection of the western and northern boundaries of Parcel A at Point 1, said point being at coordinates north 4 995 577.556 metres and east 24 496 638.732 metres, as shown on the above mentioned plan;
Thence north 88°00′00″ east along the northern boundary of Parcel A, 40.000 metres to the eastern boundary of Parcel A;
Thence south 02°00′00″ east along the eastern boundary of Parcel A, 40.000 metres to the southern boundary of Parcel A;
Thence south 88°00′00″ west along the southern boundary of Parcel A, 40.000 metres to the western boundary of Parcel A;
Thence north 02°00′00″ west along the western boundary of Parcel A, 40.000 metres to the Place of Beginning.
The above described Parcel A contains an area of 1 600.0 m2.
The above described Parcel CI-R contains an area of 21 hectares, more or less (area includes ponds and excludes Parcel A).
All bearings, distances and coordinates are grid-referenced to longitude 61°30′ west, the central meridian for MTM Zone 4, NAD83 (CSRS) 2010.0 values.
Being and intended to be a portion of Country Island conveyed to Her Majesty in right of Canada by Provincial Grant No. 21705 recorded in Guysborough County Land Registration Office Book 23, Page 198.
9 Isle Haute National Wildlife Area
All that certain lot, piece or parcel of land situated at Isle Haute, County of Cumberland, Province of Nova Scotia, shown as Parcel IH-R (Isle Haute Remainder) on Department of Public Works and Government Services Plan S-6551 titled “Plan of Survey of Parcel A, Subdivision of Isle Haute, and Showing Parcel IH-R (Isle Haute Remainder), Land Granted to H. M. in right of Canada”, dated February 7, 2020, as signed by H. James McIntosh, Nova Scotia Land Surveyor, said Parcel IH-R being more particularly described as follows:
All that certain Island in the Bay of Fundy, Province of Nova Scotia, known as and called Isle Haute (Île Haute);
Saving and excepting from Isle Haute (Île Haute) Parcel A, as shown on the above mentioned plan and more particularly described as follows:
Beginning at the intersection of the northeastern and southeastern boundaries of Parcel A at Point 3, said point being at coordinates north 5 012 429.799 metres and east 25 460 351.299 metres as shown on the above mentioned plan;
Thence south 65°38′00″ west along the southeastern boundary of Parcel A, 61.000 metres to the southwestern boundary of Parcel A;
Thence north 24°22′00″ west along the southwestern boundary of Parcel A, 61.000 metres to the northwestern boundary of Parcel A;
Thence north 65°38′00″ east along the northwestern boundary of Parcel A, 61.000 metres to the northeastern boundary of Parcel A;
Thence south 24°22′00″ east along the northeastern boundary of Parcel A, 61.000 metres to the Place of Beginning.
The above described Parcel A contains an area of 3 721.0 m2.
The above described Parcel IH-R contains an area of 89.2 hectares.
All bearings, distances and coordinates are grid-referenced to longitude 64°30′ west, the central meridian for MTM Zone 5, NAD83(CSRS) 2010.0 values.
Being and intended to be a portion of Isle Haute conveyed to Her Majesty in right of Canada by Provincial Grant No. 13950 recorded in Nova Scotia Grant Book 2, Page 1.
10 St. Paul Island National Wildlife Area
All that certain lot, piece, parcel of land and land covered by water commonly known as St. Paul Island, having an approximate centroid coordinate of north 5 231 500.000 metres and east 715 750.000 metres, situated in the Gulf of St. Lawrence off the northeastern coast of Cape North, County of Victoria, Cape Breton Island, Province of Nova Scotia.
Being outlined in bold and identified as Parcel 2021-SP1 on Department of Public Works and Government Services Plan S-6674 titled “Sketch Showing Parcel 2021–SPI Lands of H.M. in Right of Canada (Environment Canada — Canadian Wildlife Service)”, dated March 29, 2021, revised May 27, 2021.
Said Parcel 2021-SP1 contains an area of 478 hectares (lakes inclusive), more or less.
All coordinates are grid-referenced to NAD83 (CSRS), Zone 20 North UTM, metric values.
3 Subitem 3(4) of Part II of Schedule I to the French version of the Regulations is amended by replacing “À partir d’un sapin brûlé” with “À partir d’un sapin encoché”.
4 Part I of Schedule I.1 to the Regulations is amended by adding the following at the end of that Part:
St. Paul Island National Wildlife Area
- 1 Wildlife viewing during the period beginning on September 1 in any year and ending on March 31 in the following year
- 2 Hiking during the period referred to in item 1
- 3 Non-commercial picking of edible plants and edible mushrooms during the period referred to in item 1
- 4 Boat launching and landing at the ordinary high water mark of St. Paul Island during the period referred to in item 1
Environmental Violations Administrative Monetary Penalties Act
Environmental Violations Administrative Monetary Penalties Regulations
Item | Column 1 Provision |
Column 2 Violation Type |
---|---|---|
23.1 | 3.3(1)(a.1) | A |
23.2 | 3.3(1)(a.2) | A |
Coming into Force
6 These Regulations come into force on the day on which they are registered.
Terms of use and Privacy notice
Terms of use
It is your responsibility to ensure that the comments you provide do not:
- contain personal information
- contain protected or classified information of the Government of Canada
- express or incite discrimination on the basis of race, sex, religion, sexual orientation or against any other group protected under the Canadian Human Rights Act or the Canadian Charter of Rights and Freedoms
- contain hateful, defamatory, or obscene language
- contain threatening, violent, intimidating or harassing language
- contain language contrary to any federal, provincial or territorial laws of Canada
- constitute impersonation, advertising or spam
- encourage or incite any criminal activity
- contain external links
- contain a language other than English or French
- otherwise violate this notice
The federal institution managing the proposed regulatory change retains the right to review and remove personal information, hate speech, or other information deemed inappropriate for public posting as listed above.
Confidential Business Information should only be posted in the specific Confidential Business Information text box. In general, Confidential Business Information includes information that (i) is not publicly available, (ii) is treated in a confidential manner by the person to whose business the information relates, and (iii) has actual or potential economic value to the person or their competitors because it is not publicly available and whose disclosure would result in financial loss to the person or a material gain to their competitors. Comments that you provide in the Confidential Business Information section that satisfy this description will not be made publicly available. The federal institution managing the proposed regulatory change retains the right to post the comment publicly if it is not deemed to be Confidential Business Information.
Your comments will be posted on the Canada Gazette website for public review. However, you have the right to submit your comments anonymously. If you choose to remain anonymous, your comments will be made public and attributed to an anonymous individual. No other information about you will be made publicly available.
Comments will remain posted on the Canada Gazette website for at least 10 years.
Please note that public email is not secure, if the attachment you wish to send contains sensitive information, please contact the departmental email to discuss ways in which you can transmit sensitive information.
Privacy notice
The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.
Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.
Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.
You have the right of access to and correction of your personal information. To seek access or correction of your personal information, contact the Access to Information and Privacy (ATIP) Office of the federal institution managing the proposed regulatory change.
You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.
The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.