Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations: SOR/2024-271

Canada Gazette, Part II, Volume 159, Number 1

Registration
SOR/2024-271 December 16, 2024

CANADA WILDLIFE ACT
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT

P.C. 2024-1327 December 16, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations under

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 1 is replaced by the following:

(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

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

5 Division 2 of Part 2 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations footnote 2 is amended by adding the following after item 23:
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.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Country Island, Isle Haute, and St. Paul Island in Nova Scotia provide important habitat and critical functions for several migratory birds and species at risk and are being designated as National Wildlife Areas (NWAs) to secure those conservation benefits.

Previously to the new regulations being in place, wildlife species on the islands benefited from limited legal protections. As is the case across Canada, migratory birds, their nests and eggs were protected under the Migratory Birds Convention Act, 1994 (MBCA) and the Migratory Birds Regulations, 2022 (MBR 2022). Country Island also received protection, under the Species at Risk Act (SARA), against the destruction of critical habitat for the Roseate Tern. Additionally, the islands were protected by the trespassing provisions in Nova Scotia’s Protection of Property Act.

However, there was no legal protection for other important wildlife or the broader important wildlife habitat present on the islands.

Background

The Canada Wildlife Act (the Act) and the Wildlife Area Regulations (the Regulations) allow for the establishment, management, and protection of NWAs for research, conservation, and interpretation purposes. NWAs are established to protect and conserve wildlife and wildlife habitat. With the designation of Country Island, Isle Haute and St. Paul Island, there are now 60 NWAs across Canada protecting over 3.5 million hectares of nationally significant habitats for animals or plants.

The Regulations protect the wildlife and habitat within designated NWAs by prohibiting a number of activities unless accompanied by a permit or exempted by the Regulations. For some NWAs, entry is prohibited without a permit under subsection 3(3) of the Regulations. For those where entry is allowed, pursuant to subsection 3(1) of the Regulations, it is prohibited for anyone to undertake any of the following activities:

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.

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% 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.

Land considered for new NWA status must meet one or more of the following five selection criteria: the area must (1) support at least 1% of the Canadian population of migratory bird species or other species listed under SARA; (2) support a significant assemblage of species of importance for Canada; (3) be a critical habitat for a migratory bird species or other species at risk; (4) be a rare or unusual habitat in a biogeographic region; or (5) possess a high potential for restoration or enhancement conducive to wildlife populations growth. Country Island, Isle Haute, and St. Paul Island all provide important habitat and support numerous migratory bird species and SARA listed species. Further details on the importance of each of the islands to migratory birds are as follows:

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 for more than 140 migratory bird species, including species at risk. In 2016, Country Island was 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 as Threatened and is Nova Scotia’s largest Common and Arctic Tern nesting colony. Country Island is also 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 providing undisturbed habitat where over 60 bird species breed, stage, or winter. It is an important nesting site for waterbirds, including gulls and the Common Eider.

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. The waters around St. Paul Island are an important foraging site for waterbirds, including gulls and sea ducks. 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).

As noted, limited legal protections previously existed for wildlife and habitat on these islands, which continue to be in place. Migratory birds, their nests, and eggs present on the islands are protected from disturbance or destruction under the MBR 2022. Further, the critical habitat of the Roseate Tern is protected on Country Island under a SARA Ministerial Order. Under SARA, critical habitat identified in a recovery strategy or an action plan of species listed in Schedule 1 of SARA (e.g. Roseate Tern, Bicknell’s Thrush) is protected from destruction once it has been described 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 administered by the Minister of Environment or Parks Canada). However, SARA only protects a species’ critical habitat for as long as the biophysical attributes of the critical habitat remain the same. In the case of Country Island, protection under SARA would no longer exist if Roseate Terns cease to breed on the island. Issues of trespassing were previously dealt with through the Nova Scotia Protection of Property Act, which allows for prosecution; however, the associated fines are very low (e.g. $500).

Between 2017–2019, the Department conducted ecological assessments of the three islands, using previous assessments of the biodiversity values found on each island, and determined that all three met the criteria for designation as NWAs. Subsequently, in 2020, the Department of the Environment (the Department) took over the administration of the majority of the land on these islands (21 hectares on Country Island, 89 hectares on Isle Haute, and 478 hectares on St. Paul Island) from the Department of Fisheries and Oceans (DFO).

Objective

The objectives of the Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations – Designation of the Country Island, Isle Haute and St. Paul Island National Wildlife Areas (the Amendments) are to strengthen the protection of wildlife and habitat conservation on the islands, as well as to contribute to the Government of Canada’s commitment to conserve 30% of Canada’s land by 2030.

Description

The Amendments designate 588 hectares of land on Country Island, Isle Haute, and St. Paul Island in Nova Scotia as three new NWAs under the Regulations.

The Government of Canada is committed to changing the names of these new NWAs to Mi’kmaq names, through additional regulatory amendments once the names have been determined by the Mi’kmaq First Nations.

Establishment of Country Island National Wildlife Area

The Amendments 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 is 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 located. This parcel, known as “Parcel A,” remains under the administration of DFO.

Due to its significant importance as a nesting site for colonial seabirds (e.g. Common and Arctic Terns, Leach’s Storm-Petrel) and designation of critical habitat for Roseate Terns, entry into this NWA is prohibited year-round for those without a permit issued under the Regulations.

Prohibitions pursuant to subsection 3(1) of the Regulations also apply to the Country Island NWA.

Establishment of Isle Haute National Wildlife Area

The Amendments 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 is included within the boundaries of the NWA, with the exception of a parcel of land (approximately 0.37 hectares) where a light tower is located. This parcel, known as “Parcel A,” remains 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 is prohibited year-round without a permit.

Prohibitions pursuant to subsection 3(1) of the Regulations apply to Isle Haute NWA.

Establishment of St. Paul Island National Wildlife Area

The Amendments designate 478 hectares of land that constitutes St. Paul Island, County of Victoria, Province of Nova Scotia, except for 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 remain under the administration of DFO.

Given the difficulty in accessing St. Paul Island, the impact from accessing the island outside of the breeding season is of less concern, and therefore entry to this NWA without a permit is only prohibited from April 1 to August 31 each year (i.e. during the breeding season).

Prohibitions pursuant to subsection 3(1) of the Regulations apply to St. Paul Island NWA.

However, the Amendments to Part I (Nova Scotia) of the Schedule I.1 to the Regulations specify that the following activities are allowed in the St. Paul Island NWA (from September 1st until March 31st) without the need for a permit:

These activities reflect those that were allowed, and were known to be occurring, when the land was under the administration of DFO and it was determined that the continuation of these activities, without a permit outside of the breeding season, would not adversely impact the conservation objectives for the proposed NWA.

Environmental Violations Administrative Monetary Penalties Regulations

Consequential amendments to the Environmental Violations Administrative Monetary Penalties Regulations (EVAMPR) add Country Island NWA and Isle Haute NWA to the list of NWAs contained therein. No amendment to the EVAMPR is required with respect to St. Paul Island NWA because entry into this NWA (from April 1st to August 31st of the same year) is prohibited by subsection 3.3(2) of the Regulations, which is already listed in the EVAMPR. Accordingly, the amendments to the EVAMPR enable administrative monetary penalties (AMPs) to be issued in the event an individual enters Country Island NWA, Isle Haute NWA, or St. Paul Island NWA (from April 1st to August 31st) without a permit or otherwise contravenes the prohibitions.

Regulatory development

Consultation

Consultations prior to prepublication in the Canada Gazette, Part I

The Department reached out to 30 local First Nations communities and organizations, as well as 30 other local stakeholders including provincial and municipal governments, conservation organizations, and local tour operators, with respect to the NWA designation and the activities which are to be prohibited and/or allowed within each NWA.

A consultation package consisting of a letter outlining the NWA designations of Country Island, Isle Haute, and St. Paul Island, together with a map of the 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.

The Department received responses from over half of the groups contacted (19 out of 30 Indigenous organizations and 15 out of 30 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 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 prevents 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 also being 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 to be part of the NWA.

Another concern was raised by two private tour operators that the 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 NWA. DFO continues to administer this land, and permission to access this site continues to be sought through DFO.

Finally, a concern was raised by a local hunting association requesting information on how 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 does 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 preconsultation, Kwilmu’kw Mawklusuaqn, 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 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, and that there are records of significant historical use of the island by Indigenous People.

Summary of comments received during prepublication in the Canada Gazette, Part I

The Regulations Amending the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations were published in the Canada Gazette, Part I on July 1, 2023, for a 30-day public comment period. The Department received a total of 21 comments; 20 comments received were from individuals and 1 was from a Canadian conservation organization. Comments were generally positive and supportive of the proposed regulations.

The conservation organisation fully supported the Amendments. The only concern raised in the comments came from local residents who expressed concern with prohibitions on entry to Isle Haute. They noted that residents of Cumberland, Kings, and Annapolis Counties in Nova Scotia, as well as Salmon River and St. Martins in New Brunswick have long-term historic and continuing connections with the island. They also noted that local families have been visiting the island for generations to engage in hiking, bird-watching, and camping, and they have been cleaning beach plastics and other debris from the island. While most commentors were supportive of the additional protections for all 3 islands, concerns were related to the ability of locals to obtain a permit to continue visiting Isle Haute, the process to obtain a permit, and the lack of early consultation with local communities. Commentors requested clarification on access to the island for local communities and the process to obtain a permit. The interest in designating Isle Haute as a National Wildlife Area was first announced by the Member of Parliament for Cumberland-Colchester at a community meeting in East Advocate, Nova Scotia, in April 2019. Following this announcement, letters seeking comments were sent out to 60 stakeholders and First Nations communities on the proposed creation of the three new National Wildlife Areas, many of which were based in communities along the Bay of Fundy. Following the Canada Gazette, Part I consultations, the Department sent follow-up letters responding to concerns and questions raised, including noting that the requirement for a permit allows for the protection of the cultural history of the island, but that most of their past activities on Isle Haute would still be possible in the new NWA with a permit (with the exception of camping), and explaining the permit application process and that permit applications would be reviewed on a case-by-case basis.

Modern treaty obligations and Indigenous engagement and consultation

An Assessment of Modern Treaty Implications (AMTI) and a United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) Consistency Analysis were conducted to ensure that the Amendments are developed and implemented in a way that respects and complies with modern treaties, the rights of modern treaty partners, and the United Nations Declaration on the Rights of Indigenous Peoples.

The initiative does not apply to or take effect in any modern treaty area. However, the islands and headlands of the Country Island, Isle Haute, and St. Paul Island NWAs are located in the area covered by the Peace and Friendship Treaties, which are historic treaties. Prior to 1779, Peace and Friendship Treaties were signed between the British Crown and the Mi’kmaq, Maliseet, and Passamaquoddy to set out long-standing promises and mutual obligations.

There are significant records of historical use of Isle Haute as a seasonal food resource or as being partially occupied by Indigenous People, going back at least 600–800 years and likely further.footnote 3 As noted above, during pre-consultation, the Department reached out to 30 Indigenous organizations with respect to the proposed NWA designation and the activities which are to be prohibited and/or allowed within the NWA. 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 Country Island, Isle Haute, and St. Paul NWAs. The Department is working with the Mi’kmaq to identify Indigenous names for the NWAs. In addition, the Mi’kmaq have indicated their interest in co-management of the NWAs and discussions are ongoing with the Department to outline their exact role.

No modern treaty impacts were identified in the AMTI. With regard to the Peace and Friendship Treaties, the Department will seek input from Indigenous partners on the management plans for Country Island, Isle Haute, and St. Paul Island NWAs. The management plans will help ensure that all parties agree on the objectives and management approaches for the NWAs, the activities that would support achievement of the objectives, and those that would hinder the NWAs from achieving their objectives.

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 Regulations; therefore, other instruments were not considered.

Regulatory analysis

Benefits and costs

This analysis presents the costs and benefits of the Amendments. The incremental costs are expressed as the difference between the baseline and policy scenarios. In the baseline scenario, Country Island, Isle Haute, and St. Paul Island remain administered by the Department but are not designated as NWAs. Under the policy scenario, Country Island, Isle Haute, and St. Paul Island are designated as NWAs by the Department. An analytical period of 10 years (2025–2034) is used to represent how the benefits of protected areas accrue. Unless otherwise noted, all monetary values reported in this analysis are in 2023 constant Canadian dollars.

Benefits
Existence value of biodiversity

Designation as NWAs under the Regulations will enable broader protections for all species and greater conservation for the wildlife and habitat on these islands. NWAs are created and managed for the purposes of wildlife conservation, research, and interpretation. They are established to protect migratory birds, species at risk, and other wildlife and their residences and habitats. Within protected areas, research has found that species richness and abundance is higher compared to non-protected areas, especially given differences in land use between protected and non-protected sites.footnote 4

Existence values are benefits that people receive from the knowledge that the species and habitats within the NWAs continue to exist in their current condition for perpetuity, and are distinct from benefits people may receive from actual use of the NWAs. The continued existence of these species and habitats, supported through the current Amendments, may provide value to Canadians. For example, there is evidence that Canadian households financially support the creation of a larger number of protected areas, irrespective of whether those individuals ever visit them.footnote 5 Additionally, a 2019 survey revealed that 93% of respondents agreed or strongly agreed that protected areas are necessary. These respondents considered protecting wildlife and areas of natural beauty as the leading reason for having protected areas.footnote 6

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 Amendments will benefit Canadians.

Significance to Indigenous populations

As previously noted, there are records of significant historical use of Isle Haute by 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 provincial 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 7 While the isolation of Isle Haute may limit the number of annual visitors to the island, the Amendments will restrict access to the island year-round to anyone without a permit, adding incremental protections to any archaeological remains of historic occupation by Indigenous populations.

Costs

The Amendments are not anticipated to result in any significant new costs to businesses, consumers, or the Canadian public, because the uses of Country Island, Isle Haute and St. Paul Island do not differ from their uses before their designation as NWAs. Moreover, there are no economic activities currently taking place within the boundaries of the NWAs. As per NovaScan,footnote 8 there are currently no active exploration licences or mineral leases within the boundaries of the NWAs, 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 islands once they have been designated as NWAs.

The Amendments are anticipated to result in incremental costs for the Government of Canada related to the administration, compliance promotion, and enforcement activities for the NWAs. The costs associated with the Amendments are expected to be low. The Department is 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 will include development and distribution of compliance promotion material estimated at $115,000.footnote 9 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 are distributed between administration, travel of staff, transportation of equipment, as well as inspections and patrols for enforcement activities.

Additionally, this analysis includes an estimated 100 NWA permit applications over the 10-year time frame. Comments received during prepublication in Canada Gazette, Part I revealed that local residents do visit these sites; however, due to the remoteness of the sites, it is unlikely that the potential number of new visitors combined with the estimated number of resident visitors will exceed an estimated 10 applications annually. The total undiscounted costs to the Department for processing these permit applications is estimated at approximately $13,000.

When the properties were under the administrative control of DFO, license agreements and liability insurance were required to access the islands and headlands, with specified restrictions on a case-by-case basis. As the time spent completing an NWA permit application is assumed to be equivalent to the time spent seeking permission from DFO for visiting the sites in the past, there are no anticipated incremental costs to prospective visitors. If previous visitors to the sites are dissuaded by the new permit requirements, it is likely that they would pursue their recreational activities elsewhere. Assuming other second-best locations would be substitutable, any losses from relocating their activities are expected to be negligible.

The Department estimates a total present value of all enforcement and compliance costs at approximately $1.4 million (2023 CAD, discounted at 3% to a base year of 2024, over the period of 2025–2034).

Small business lens

There are no small businesses operating in the areas of the NWAs. The small business lens does not apply, as the Amendments do not impose any compliance or administrative costs on small businesses.

One-for-one rule

There are no businesses operating in the areas of the NWAs. The one-for-one rule does not apply as there is no impact on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

These Amendments are not related to a work plan or commitment under a formal regulatory cooperation forum. However, as the Amendments would protect and conserve wildlife and wildlife habitats in Canada, the proposal supports commitments made by Canada under the United Nations Convention on Biological Diversity and the Kunming-Montreal Global Biodiversity Framework.

To achieve these commitments, the Department is working with provinces and territories by, among other things, negotiating Nature Agreements to advance shared conservation goals. Nature Agreements between the federal and interested provincial and territorial governments will include clear and strong commitments to nature conservation and protection and mutually agreed upon actions and financial commitments that Canada and the province or territory will take to reach their individual and collective conservation goals.

Effects on the environment

A Climate, Nature and Economic Lens assessment was conducted in respect of the Amendments. Results of the assessment indicate that the designation of the Country Island, Isle Haute and St. Paul Island NWAs will have modest, but positive effects on nature and biodiversity. While some species on the islands receive limited federal protection, the designation of the islands as NWAs will provide broader protections under the Regulations that extend to all species and habitats on the islands. The direct effects of the designations on greenhouse gas emissions, climate change adaptation, and climate resilience are expected to be negligible due to the remoteness and small area of the islands. The NWAs, and the expanded protected areas network more broadly, may have modest, indirect impacts on Canada’s adaptation to climate change by maintaining the health of local ecosystems and providing safe refuge for species. Current and future impacts of climate change may pose a modest risk to this proposal achieving its objectives if sea-level rise reduces land area or the suitability of habitat for species on the islands and headlands. However, this risk is not specific to or heightened in the NWAs relative to the risk posed by sea level rise to surrounding coastal lands.

The Amendments support targets 3, 4, and 8 of Canada’s 2030 Nature Strategy, namely conserving 30% of land and water by 2030, management to halt human induced extinction, and minimizing the impact of climate change. The NWA designations and protections provided by the Regulations will ensure that human disturbance on the islands remains minimal and important habitat is protected to increase connectivity in Canada’s protected areas network, thereby ensuring broad areas of habitat remain available as species distributions shift in response to climate change. The Amendments also support the Goal 15 of the 2022-2026 Federal Sustainable Development Strategy (FSDS): Protect and recover species, conserve Canadian biodiversity. The Amendments support this goal by providing a modest contribution to the target of conserving 30% of Canada’s land and inland waters by 2030. Conserved areas are managed to achieve the long-term conservation of biodiversity, maintaining ecosystems and supporting healthy populations of wild species.

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, this proposal has been exempted from the requirement to complete a Strategic Environmental and Economic Assessment (SEEA) because it is a regulatory proposal.

Gender-based analysis plus

A gender-based analysis plus (GBA+) has been performed for these Amendments and no negative GBA+ impacts have been identified. However, the GBA+ analysis suggested some positive effects for local Indigenous groups specifically, as a result of extending protected wildlife areas. Relationships have been enhanced with Indigenous organizations as a result of discussions about developing mechanisms for joint federal-Indigenous management of the islands.

Implementation, compliance and enforcement, and service standards

Implementation

The Amendments came into force upon registration.

The Department is 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 amended Regulations. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the legislation through education and outreach activities that raise awareness and understanding. Compliance promotion activities will involve updating web content, announcing the designation of the NWAs on social media and through direct mail outs to key stakeholders, developing and installing signage related to the new NWAs, and answering stakeholder inquiries.

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 applies upon conviction and explains 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 Regulations that can subject an offender to a fine. Division 1 of Part 2 of Schedule 1 to the EVAMPR designates violations under the Act and Division 2 designates violations under the Regulations, which can subject a violator to an AMP.

Service standards

Section 4 of the Regulations allows the Minister to issue permits to undertake certain activities within an NWA. Upon receiving a complete permit application, the Minister has 40 days to either issue or refuse to issue the permit. A 90-day service standard applies to any permit applications which may affect a species protected by the SARA.

The Department measures its service performance annually, and performance information is posted on the Department’s websitefootnote 10 no later than June 1 for the preceding fiscal year (April to March). The Department met the performance targets for all permit decisions under the Regulations in 2023–2024.

Contact

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