Report on Migratory Bird Convention Act Compliance Approved

The report about beneficial practices for compliance with the Migratory Birds Convention Act (MBCA) and Regulations project has been approved by the Transportation Association of Canada’s (TAC) Environment Council.

A notice will be posted on TAC’s website once the resulting publication and accompanying documents are available for sale in TAC’s Bookstore.

Migratory birds are frequently identified and encountered along transportation rights-of-way within natural habitats, as well as on culverts, bridges and other human-made structures. The presence of migratory birds can significantly delay a project or routine maintenance operation if they have not been accounted for during the planning and design phase.

Developed under the auspices of the Environmental Issues Management and the Environmental Advisory and Legislation standing committees, the report will provide:

• an overview of the legislation
• a primer on migratory bird biology
• case studies to illustrate actions taken to reduce the risk of incidental take, and
• a synthesis of beneficial practices that aligns with the Act and its regulations.

The synthesis produced in phase 1 of the project will provide the foundation for carrying out phase 2, which will involve the development of a national-level transportation sector specific guidance on compliance with the MBCA and its regulations.

McIntosh Perry conducted the research work for this project.

Funding partners included Alberta Transportation; Manitoba Infrastructure; New Brunswick Transportation and Infrastructure; Nova Scotia Transportation and Infrastructure Renewal; the Ministry of Transportation, Ontario; Transport Canada; Yukon Highways and Public Works and the cities of Calgary and Edmonton.

Background

Over the past decade, Environment Canada has contemplated approaches to applying the provisions of the Migratory Bird Convention Act and Regulations. In 2010, Environment Canada decided not to pursue new permitting provisions in regulation that would allow construction, operation and maintenance activities to be undertaken without risk of non-compliance with the legislation. Proponents responsible for infrastructure have been directed to develop beneficial management plans (best management practices) in consultation with the Canadian Wildlife Service.