Forward Regulatory Plan 2017 to 2019, Update 2017, Environment and Climate Change Canada, chapter 5

Enabling Act

Antarctic Environmental Protection Act

Description

Environment and Climate Change Canada is in the process of addressing issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) on the Antarctic Environmental Protection Regulations. The department will propose amendments to the Regulations that would be administrative in nature and have minor effect on applicants for Antarctic Environmental Protection Act permits.

The proposed amendments would be of interest to a small number of Canadian businesses that operate in Antarctica, mostly tourism operators with tours visiting the continent, and to Canadian scientists participating in studies in the Antarctic region.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Environment and Climate Change Canada will conduct consultations on the proposed changes to the Regulations through direct communications with the regulated community and the Canadian Committee on Antarctic Research during the summer 2017.

Target date for publication in the Canada Gazette, Part I is winter 2018.

Contact

David Taillefer
Head, Antarctic and Marine Program Development
Telephone: 613-796-1760
Email: david.taillefer@canada.ca

Enabling Act

Species at Risk Act

Description

From time to time, orders may be made under the Species at Risk Act (SARA) to protect the critical habitat on federal land or critical habitat, individuals and residences on non-federal land of the species listed under the Act.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Consultations with stakeholders would take place before and after publication of the proposed orders. Timing and further details are determined on a case-by-case basis and will be made available on the Species at Risk Public Registry (https://www.registrelep-sararegistry.gc.ca/)

Contact

Mary Jane Roberts
Director, SARA Management and Regulatory Affairs
Telephone: 819-938-4289
Email: mary-jane.roberts@canada.ca

Enabling Act

Species at Risk Act

Description

From time to time, orders may be made amending Schedule I to the Species at Risk Act (SARA) to reflect listing decisions made by the Governor-in-Council.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Consultations with stakeholders would take place before and after publication of the proposed orders in the Canada Gazette, Part I. Timing and further details are to be determined and will be made available on the SAR Public Registry. (https://www.registrelep-sararegistry.gc.ca/default.asp?lang=En&n=24F7211B-1)

Contact

Mary Jane Roberts
Director, SARA Management and Regulatory Affairs
Telephone: 819-938-4289
Email: mary-jane.roberts@canada.ca

Enabling Act

Species at Risk Act

Description

The proposed ministerial order is required under Section 58 of the Species at Risk Act to protect the critical habitat of the Boreal Caribou on Federal land (excluding First Nations Reserve Lands and devolved land in the territories).

The proposed order would apply to the properties of approximately twelve federal departments and agencies, including stakeholders that use these lands.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Pre-consultations with stakeholders will be conducted prior to publication in Canada Gazette, Part I. 

The proposed regulations will be published in the Canada Gazette, Part I for a 30-day comment period. Target date for publication is spring 2018.

Contact

Mary Jane Roberts
Director, SARA Management and Regulatory Affairs
Telephone: 819-938-4289
Email: mary-jane.roberts@canada.ca

Enabling Act

Species at Risk Act

Description

The proposed ministerial order is required under Section 58 of the Species at Risk Act to protect the critical habitat of the Western Chorus Frog on Federal land (excluding First Nations Reserve Lands) in Ontario and Quebec.

The proposed order would apply to the properties of seven federal departments and agencies, including stakeholders that use these lands. The potential impacts are anticipated to be low, however, as individuals and residences are already protected on these lands.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Pre-consultations with stakeholders will be conducted prior to publication in Canada Gazette.  Canada Gazette publication anticipated for Spring 2018.

Contact

Mary Jane Roberts
Director, SARA Management and Regulatory Affairs
Telephone: 819-938-4289
Email: mary-jane.roberts@canada.ca

Enabling Act

Canada Wildlife Act

Description

The proposed amendments would designate the Edéhzhíe National Wildlife Area (NWA) under the Canada Wildlife Act. The proposed Edéhzhíe NWA consists of an area of approximately 14 218 km2 in the Northwest Territories. This area includes the Horn Plateau, a unique escarpment rising 900 m above the surrounding landscape and containing boreal forest, uplands and wetlands. It is home to species at risk such as woodland caribou and wolverines, provides important migratory bird habitat, and contains the headwaters of three rivers.

The proposed amendments are part of a commitment made by the Government of Canada under the Northwest Territories Protected Areas Strategy. Edéhzhíe is the first of five candidate protected areas to be proposed for designation. The Dehcho First Nation and the Tłichô Government requested that Edéhzhíe be established as a National Wildlife Area under the Canada Wildlife Act. The legislation under which the remaining four candidate protected areas will be protected will be determined in consultation with the Government of the Northwest Territories.

The proposed amendments would be of interest to local Indigenous peoples and a number of stakeholders including the tourism sector, the oil and gas sector, the mining sector, and conservation groups.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

The Dehcho First Nation and Tłichô Government communities proposed that the Edéhzhíe area be assessed through the Northwest Territories Protected Areas Strategy with the view to obtain legislative protection of important and unique habitat in the Northwest Territories. As such, these communities have been important partners in the development of the regulatory proposal.

Environment and Climate Change Canada has held a number of meetings with local Indigenous peoples and with key stakeholders, including the oil and gas sector, conservation groups, the mining sector, the tourism sector, and the Government of the Northwest Territories.

The proposed amendments will be published in the Canada Gazette, Part I for a 30-day comment period. Target date for publication is 2019.

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Enabling Act

Canada Wildlife Act

Description

The proposed regulations allow for the management of the Scott Islands marine habitat as a Protected Marine Area (PMA) under the Canada Wildlife Act. The proposed Scott Islands PMA consists of approximately 11 546 km2 of marine area off the northwest coast of Vancouver Island in British Columbia.

The Scott Islands support the highest concentration of breeding seabirds in the Canadian Pacific (estimated at 1.4 million) and are the site of the most intensive seabird research program in Canada. Information from this area provides the bulk of the scientific knowledge about seabirds and their environment on Canada’s Pacific coast.

The proposed PMA is anticipated to have a positive impact for First Nations, as it will ensure that an area of cultural and spiritual significance is protected. It may also affect the Province of British Columbia, other federal departments and other relevant stakeholders with interests in this marine environment, including the shipping industry, the tourism sector, commercial and recreational fisheries, the oil and gas sector, and conservation groups.

Indication of business impact

There are no expected business impacts.

Consultation

The conservation objectives for the proposed PMA were developed in consultation with a steering committee and an advisory group composed of representatives of all interest groups.

Environment and Climate Change Canada also posted a regulatory strategy on its website on March 25, 2013, for a 60-day public comment period. (www.ec.gc.ca/ap-pa/default.asp?lang=En&n=A66BB7F1-1) A number of meetings have also been held with Tlatlasikwala First Nation, the Quatsino First Nation and key stakeholders on Vancouver Island, including the commercial and recreational fisheries, oil and gas, tourism, provincial and local government, and conservation groups.  Consultations with other federal government departments and the Province of British Columbia are currently ongoing.

The proposed regulations were published in the Canada Gazette, Part I http://www.gazette.gc.ca/rp-pr/p1/2016/2016-12-31/html/reg1-eng.php on December 31, 2016, for a 30-day comment period. Target date for publication of final regulations is late 2017.

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Enabling Act

Canada Wildlife Act

Description

The proposed amendments would amend the boundary descriptions of 14 National Wildlife Areas (NWAs) based on new survey data and, in some cases, to include lands that have been acquired by Environment and Climate Change Canada:

• Wallace Bay NWA, N.S.
• Tintamarre NWA, N.B.
• Shepody NWA, N.B.
• Baie de I’Isle Verte NWA, Que.
• Îles de l’Estuaire NWA, Que.
• Pointe de I’Est NWA, Que.
• Long Point NWA, Ont.
• St. Clair NWA, Ont.
• Prince Edward Point NWA, Ont.
• Mississippi Lake NWA, Ont.
• Prairie NWA, Sask.
• Alaksen NWA, B.C.
• Columbia NWA, B.C.
• Qualicum NWA, B.C.

The proposed amendments would also make miscellaneous amendments, such as changing descriptions and names of a number of NWAs and other administrative changes in the above NWAs as well as the following three NWAs:

• Cap Tourmente NWA, Que.
• Nirjutiqavvik NWA, Nun.
• Polar Bear Pass NWA, Nun.

The proposed amendments would also provide more flexibility in the management of National Wildlife Areas (NWAs), while maintaining the current level of protection. The proposed amendments focus on improving the Regulations by adding more authorizing instruments, adding permitting terms and conditions, improving the permitting process, and creating exceptions for routine and essential activities.

The proposed amendments would be of interest to local Indigenous peoples and a number of stakeholders including non-governmental organizations, scientists and academics conducting research in NWAs, the tourism sector, and the agricultural sector.

Indication of business impact

There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply.

Consultation

The proposed amendments will be published in the Canada Gazette, Part I for a 30-day comment period. Target date for publication is 2018.

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Enabling Act

Migratory Birds Convention Act, 1994

Description

The proposed regulations would amend Schedule 1 of the Migratory Birds Regulations to adjust season dates and bag and possession limits for migratory game bird species by province and territory. This is done to achieve conservation goals and allow for recreational migratory game bird hunting in Canada.

Commencing with the 2014–15 hunting season, Environment and Climate Change Canada moved from an annual to a biennial regulatory amendment cycle for the hunting regulations. However, Environment and Climate Change Canada is continuing to evaluate the status of migratory game birds on an annual basis to ensure that urgent regulatory amendments can be made if necessary.

The proposed amendments would be of interest to hunters, hunting organizations, conservation groups and the tourism sector.

Indication of business impact

There are no expected business impacts.

Consultation

Environment and Climate Change Canada conducts extensive consultations on the hunting regulations with an array of stakeholders, including: the provinces/territories; wildlife management boards; the Governments of the United States, Mexico, the Caribbean, Greenland and St. Pierre and Miquelon; U.S. State Governments; national and provincial conservation and hunter organizations; and other interested individuals.

As part of the consultation process for these amendments, a Notice of Intent will be published in the Canada Gazette, Part I in early 2018. The purpose of this notice will be to inform stakeholders and the Canadian public that Environment and Climate Change Canada will be recommending regulatory amendments to the Migratory Birds Regulations for hunting. The notice will also inform stakeholders of the publication of the report Proposals to Amend the Canadian Migratory Birds Regulations, which will outline and explain the regulatory amendments that will be proposed and provide information on the consultation process.

The final amendments will be published in the Canada Gazette, Part II. Target date for publication is spring 2018.

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Enabling Act

Migratory Birds Convention Act, 1994

Description

The proposed amendments would update and streamline the Migratory Birds Regulations in order to address issues regarding hunting management and correct outdated references to Aboriginal peoples.

The proposed amendments could affect migratory game bird hunters and hunting organizations, conservation groups and Aboriginal Canadians among others.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Environment and Climate Change Canada held consultations in 2014, and Canadians were invited to review the regulatory proposal (http://www.ec.gc.ca/rcom-mbhr/default.asp?lang=En&n=4D5FBFF2-1) and submit comments.

The proposed amendments will be published in the Canada Gazette, Part I for a 60-day comment period. Target date for publication is fall 2018.

The final regulatory amendments will be published in the Canada Gazette, Part II. Target date for publication is Spring 2019. The new Regulations are expected to come into force in time for the fall hunting season that year.

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca

Enabling Act

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Description

The proposed amendments would continue to prohibit the import of specimens (living or dead) of all species of the Caudata order unless authorized by a permit.  The objective of the regulation is to prevent the introduction of a disease-causing fungus, batrachochytrium salamandrivorans (Bsal).

The proposed amendments could be of interest to a number of groups including the pet stores, the scientific and academic community and the provinces and territories.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Pre-consultations with the pet trade industry, the scientific and academic community and provinces and territories are expected to take place in fall 2017 to discuss the threat to Canadian salamanders posed by Bsal and the proposed expected action of the continuation of limiting importation of all salamander species.

The amendments will be published in the Canada Gazette, Part II. Target date for publication is spring 2018.

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs
Telephone: 819-938-4105
Fax: 819-938-4147
Email: caroline.ladanowski@canada.ca