Instruction sheet: Applying for a migratory bird damage or danger permit under the Migratory Birds Regulations, 2022

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General information

The Migratory Birds Convention Act, 1994 (MBCA) serves to protect and conserve migratory birds, their nests and eggs in Canada, including surrounding ocean waters. The Migratory Birds Regulations, 2022 (MBR) authorize permits for activities that would otherwise be prohibited under the MBCA or MBR.

Damage or danger permits are issued under subparagraphs 12(1)(b)(i-iii) of the MBR in accordance with MBR sections 65, 70 and 71. The danger or damage permit authorizes applicants to scare migratory birds, destroy eggs or nests, relocated birds or their nests, or kill birds in instances where the birds, nests, or eggs are causing damage or danger. All damage or danger permits may only be issued if the bird is causing danger to human health or public safety or damage to the use of land or agricultural interest. Damage or danger permits may only be issued to a person who owns, manages or leases the land on which the bird is causing damage or danger or who holds an easement, servitude, right-of-way, licence of occupation, or holds rights under provincial laws to use that land for public utilities or infrastructure. These permits provide an important regulatory tool to assist Canadians with the management of migratory birds that are causing or could cause damage to property or human health and safety or pose other specific dangers that are not otherwise mitigated through other management strategies as outlined in the MBR.

To request authorization to perform activities under a damage or danger permit, you must complete the “Application for a Damage or Danger Permit under the Migratory Birds Regulations, 2022” and send it by email (preferred), fax or regular mail to the Canadian Wildlife Service (CWS) permitting office in your region. A list of regional permitting offices and contact information is at the end of this document. Applications are processed on a first-come first-served basis. DoD permit decisions are made within the specified number of calendar days upon receiving the application and any required supporting documents. Incomplete, unsigned or illegible application forms cannot be processed and will result in a delay or even refusal of your application. When incomplete applications are received, ECCC will notify the applicant and the application will be placed on hold until all the missing information is received. To obtain information on the current service standard for DoD permit applications, consult the Environment and Climate Change Canada website or contact your regional Canadian Wildlife Service permitting office.

• Please note that should you be granted a permit, you are only authorized to conduct the activities authorized under this permit, subject to the conditions of the permit. This is because the MBR specify which activities and timeframes are appropriate for different situations
• You may attach any additional sheets and/or supporting documents to your application form if required (for example management plan, photographs, maps)
• If you are issued a permit, you may wish to inform adjacent property owners of the activities to be undertaken in order to avoid potential concern or conflicts with neighbours

For activities related to Canada Goose management (Best practices for destroying eggs and preventing hatching, best practices for killing birds and disposing of carcasses and best practices for capturing, transporting and caring for relocated Canada Geese), colonial waterbids and Mute Swans, please visit the Managing conflicts with migratory birds webpage.

Reporting

• You must report on all activities listed in the permit (unless your permit is only for scaring activities). Note: A report is required even if you did not conduct any activity. For example, if a applicant was authorized to destroy a nest under which no nests were destroyed, the applicant must still submit the report with a value of zero (ex. Nests destroyed: 0)
• A report template will be attached to your permit and is available online
• If you have previously held a damage or danger permit, you must submit all outstanding activity reports from that permit before CWS will consider your current application

Section 1. Applicant information

1.1 Type of request

• Indicate whether the permit request is a renewal, an amendment or a new application
• If the request is a renewal or amendment, indicate the number of the permit you are seeking to renew or amend

1.2 History

• If you have received a damage or danger permit in the past, please specify the permit number(s) in the appropriate space
• If you have ever been refused a permit or had one cancelled or suspended, please indicate so here. Provide the reason(s) or an explanation for the suspension or cancellation as requested
• If you have ever been convicted of an offence under the MBCA or the MBR, please indicate so here. Provide the reason(s) or an explanation as requested

1.3 Contact information

• The applicant is the individual to whom the permit may be issued. The applicant may be an employee of a company or an organization, however, a permit can only be issued to an individual and not to the company/organization itself. If the application is approved and the permit is issued, the applicant becomes a permit holder and is responsible for ensuring that the permit conditions are met, including record-keeping requirements.
• Please complete this section with all the requested contact information.
• The permit will be sent to the mailing or email address specified in this section.
• Please check the appropriate box to identify the type of organization according to the list provided. If an accurate description of your organization is not provided, please select “Other” and provide a short description. Please only select one option. Environmental consultants should check a box that describes the organization that engaged their services for this activity.

1.4 Land where permitted activities will occur

Environment and Climate Change Canada only issues damage or danger permits under sections 65, 70 and 71 of the MBR to persons who own, lease or manage a parcel of land or who holds an easement, servitude, right-of-way, licence of occupation, or holds rights under provincial laws to use land for public utilities or infrastructure.

• Individuals from companies that do not own or lease the land and that do not hold an easement, servitude, right-of-way, licence of occupation or rights under provincial laws to use land for public utilities or infrastructure may apply for a permit if they can demonstrate that they are the land manager for the purposes of managing migratory birds. A Letter of Authorization from the landowner or leasee is required for this type of application and a template is available on the Government of Canada website.
• A Land Manager is interpreted to include a person who has been authorized in writing to act as land manager for the purposes of migratory bird management on specified lands or properties.

1.5 Current location of migratory birds (see instructions)

• Specify the location(s) where the damage or danger is occurring or is likely to occur and where the requested activity will take place.
• Provide the physical/civic address or latitude/longitude coordinates and proximity to the nearest identifiable town or city of the location where the activity(ies) will take place.
• A Post Office box is not an acceptable location.
• Describe the type of property on which the damage or danger is occuring (for example, commerical, agricultural, private land, waterfront).
• Additional information such as acreage, maps, web-based map links and information about adjacent land uses must be provided to clarify the location if a street address cannot be provided.

Multiple locations can be listed on the same permit as long as they are individually defined, and are all owned, leased or managed by the permit applicant.

Section 2. Nominee(s)

• Nominees are individuals hired or chosen by the permit holder to carry out activities authorized under the damage or danger permit (for example, employees from wildlife control companies).
• Please indicate, by checking the yes or no box, whether nominees will be engaged to undertake the authorized activities. If yes, you must complete Appendix A and attach it to your application.

Section 3. Nature of the situation and activity(ies) you are seeking authorization to undertake

Please use Appendix B and/or attach extra sheets if the space provided herein is not sufficient for this section.

• Describe the damage or danger situation clearly and in detail. This must include your assessment of the seriousness of the issue. Insufficient or vague descriptions will result in the application being placed on hold until the applicant can provide the required information. Inability to provide the required information may result in the application being refused. The applicant may include photographic evidence to support their case.
• Describe and explain in detail all previous prevention measures you have used to attempt to manage the problem, the duration of the use of each measure, and their effectiveness (that is indicate whether or not they were successful). Examples of prevention measures include scaring with noisemakers, installing barriers and altering habitat.
• Explain in detail the long-term preventive measures you intend to adopt to address the problem. The issuance of a permit by the Canadian Wildlife Service is the last resort, therefore should only be considered when dealing with birds that are causing damage or pose a danger. Non-lethal, proactive scaring or management techniques that do not require a permit should be the basis of your long-term plan. In certain cases, the extent of the problem warrants the issuance of such permit. Depending on your situation, you may be required to provide a migratory bird management plan to the Canadian Wildlife Service Permit Office.
• Describe the activities and methods you propose to use to address the problem under the damage or danger permit. This includes listing equipment you are seeking to use, such as a firearm or aircraft. In general, to promote humane killing and to support scaring, use of a shotgun is the recommended technique. Where a shotgun cannot be used due to health and safety and/or municipal bylaws, other firearms or weapons will be considered on a case-by-case basis.
• Use only one activity table per species. Identify in each table:
  • the species of migratory birds causing the damage or danger: list the species’ specific name in the box. Do not use generic terms for migratory birds such as geese, gulls or swallows. Please indicate the common name (for example Canada Goose, Ring-billed Gull, Barn Swallow) of the migratory bird(s).
  • the season when problems are occurring: winter, spring, summer and/or fall.
  • the type of authorization requested

Scare using firearms or aircraft

The purpose of this activity is to scare away migratory birds that are causing significant damage to crops or other property. The scare method used is either an aircraft (including remote control aircraft/drones) or firearms. If you plan to use a bird of prey as a scare technique, you should instead apply for a kill-to-support scaring permit in case any migratory birds are taken during scaring.

Relocation of migratory birds, eggs and nests

The relocation of birds, eggs and nests is only authorized for certain species and under certain conditions.

There are 2 distinct purposes of relocation:

• The purpose of this activity is to move migratory birds from one high risk (high incidence of conflict) location to another lower risk location, where possible. During this activity, the birds are captured and transferred by professionals to locations that are capable of supporting the relocated flock; or
• The purpose of this activity is to professionally move nests and eggs from one location to another with the intent of eliminating or reducing the damage or danger they are causing. The relocation of Canada Geese eggs and/or nests to another property is generally not authorized.

For both of the proposed scenarios, indicate the approximate number of birds (adults/young), eggs and nests that will be affected during the activity.

Collection, removal, destruction and disposal of eggs

The purpose of this activity is to take and destroy eggs or prevent them from hatching to reduce the number of migratory birds at a location and discourage migratory birds from nesting at that location. When dealing with aggressive migratory birds, the removal and destruction of eggs is the preferred management technique.

Indicate the approximate number of eggs and nests that will be affected during the activity.

Removal and/or destruction of nests

The purpose of this activity is to remove and destroy nests of migratory birds in order to discourage the birds from nesting in the same area and relocate elsewhere.

Indicate the approximate total number of nests that will be affected during the activity.

The permit holder must indicate a start and end date for all of the intended activities.

Kill-to-support scaring

The purpose of this activity is to kill a certain number of migratory birds in order to scare away other birds from the area specified on the permit. Where suitable, the carcasses may be left in the open on the ground to act as a deterrent to other birds. A shotgun is the preferred method of kill, due to its auditory effect in scaring birds.

Kill-to-remove

The purpose of this kill activity is to prevent serious damage or danger due to migratory bird populations by eliminating them from the area specified on the permit. Kill methods must be humane, and the carcasses should be removed and disposed of in accordance with permit terms and conditions and other applicable bylaws and regulations. For this reason, it should typically only be undertaken only after previous attempts of appropriate management activities have failed. This type of permit application may require an approved management plan to be in place before the issuance of such permit. This activity is not appropriate for all species.

Please refer to the following guidelines for the euthanasia and humane killing of migratory birds in Canada, under Damage or Danger or Aviculture permits: Guidelines for the Euthanasia and Humane Killing of Migratory Birds in Canada, Under Damage or Danger or Avicultural Permits [PDF]

With the exception of 18 species listed in Schedule 1 of the MBR, the nests of most migratory birds are only protected when they contain a viable egg or a live bird. The nests of all other migratory bird species that do not have additional nest protection can be removed without a permit, provided that the nests do not contain a live bird or a viable egg. More information on nest protections is available at the following website: Fact sheet: Nest Protection under the Migratory Birds Regulations, 2022.

Please note that additional criteria may need to be met for certain species. Contact your regional Canadian Wildlife Service office for more information.

Section 4. Relocation

Please attach extra sheets if the space provided is not sufficient for this section.

4.1 Relocation of birds

• Describe the proposed equipment and method for capturing the migratory birds.
• Describe the proposed equipment and methods to be used during the relocation process.
• Provide the address or description of the relocation site (the physical/civic address or latitude/longitude coordinates), as well as the nearest identifiable town or city. Please note that a site visit may be required. Additional information such as acreage and maps can be provided to clarify. Please provide an approximate distance (in km) and time (in min) required for the transportation during the relocation process.

4.2 Relocation of nests

Please provide as much information as possible, so the scope of the request can be properly assessed due to the sensitive nature of the relocation of an occupied nest.

• Describe the proposed method for relocating the nests.
• Describe the proposed equipment and methods for transporting the nests.
• Provide the address or description of the relocation site (the physical/civic address) or latitude/longitude coordinates, as well as the nearest identifiable town or city. Additional information such as acreage and maps can be provided to clarify. Please provide an approximate distance (in km) and time (in min) required for the transportation during the relocation process.

Please specify whether the relocation method is for an empty nests or a nest containing eggs or migratory birds (including young).

Note: Relocation of Canada Goose eggs/nests to another property is not generally authorized in order to prevent the establishment of new Canada Geese populations.

Landowner attestation from the relocation site

• If you intend to relocate migratory birds to another landowner’s property, the landowner must sign and date this section of the application form or provide a signed and dated letter indicating approval for the relocation of the migratory birds to the site.
• Please provide the telephone number of landowner receiving the birds.

Section 5. Disposal, human consumption or gifting

Please attach extra sheets if the space provided is not sufficient for this section.

• Describe the proposed method(s) of disposal for migratory birds that may be killed under this permit.
• If the applicant is seeking to personally consume the migratory game bird(s) killed under the permit or give the bird(s) to another individual, these activities must also be described. In some cases, migratory game birds killed under this permit may be consumed at the personal risk of the permit holder. Alternatively, migratory game birds, killed under this permit, may be given to another individual for human consumption (including charitable purposes), taxidermy or training dogs as retrievers. The migratory game bird(s) may only be consumed if the targeted species are migratory game birds for which there is an open season in the location indicated on the permit. A list of migratory game birds can be found online
• Provide the location of the disposal site (the physical/civic address or latitude/longitude coordinates, as well as the nearest identifiable town or city). A Post Office box is not an acceptable address. Additional information such as acreage and maps can be provided to clarify.

Landowner attestation for the disposal site

• Landowner attestation is not required if the carcasses are being disposed of in a municipal landfill or through municipal waste pickup in accordance with bylaws and regulations.
• For migratory bird and/or egg/nest disposal on another landowner’s property, that disposal property’s landowner MUST sign and date this section of the application form or provide a signed and dated letter, indicating approval for the disposal of the carcasses on the site indicated.
• Provide the telephone number of the owner of the disposal site.

Section 6. Statement of certification and applicant signature

• Applicants should ensure that all information is correct and that the statement is read before signing the application
• By signing the application, you are bound to the statement of certification that you understand and acknowledge your responsibilities, and, where applicable, that you have read the appropriate documents to conduct the proposed activities
• The name in this section must match the name in Section 1 of the application
• Applications that are not signed by the applicant will not be processed

Appendix A. Nominee list

• List the names of the employees or individuals who will be conducting the permitted activities. If there are multiple employees from a company who will be performing the activity, indicating “Employees of” with the company name is acceptable. The permit may need to be amended at a later date with the names of the nominees who are not employees of the company
• All nominees are required to carry a copy of the permit as well as identification while performing the activity. If a nominee is employed by the company with which a permit holder is associated and the nominee’s name does not appear on the permit (i.e. the permit indicates “employees of” the company are nominees), they must also carry documentation or identification stating that they are an employee of said company

Appendix B. Species sheet

This appendix offers additional space for species information related to question “e” of Section 3.

Appendix C. Permitting sections contact information, Canadian Wildlife Service offices (by region)

Atlantic region New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island
17 Waterfowl Lane
P.O. Box 6227
Sackville NB  E4L 1G6

Telephone: 506-364-5068
Fax: 506-364-5062
Email: Permi.Atl@ec.gc.ca

Quebec region
801-1550 Avenue d'Estimauville
Quebec QC  G1J 0C3

Telephone: 418-649-6129
Fax: 418-648-4871
Email: PermisSCFQuebec-CWSQuebecPermit@ec.gc.ca

Ontario region
335 River Road
Ottawa ON  K1V 1C7

Telephone: 613-990-8355
Fax: 613-990-8400
Email: wildlifeontario@ec.gc.ca

Prairie region
Alberta, Saskatchewan and Manitoba
115 Perimeter Road
Saskatoon SK  S7N 0X4

Telephone: 306-975-4090
Fax: 306-975-4089
Email: prpermisscf-cwspermitpr@ec.gc.ca

Pacific region
British Columbia
60 Front Street L3
Nanaimo BC  V9R 5H7

Telephone: 250-327-4101
Fax: 604-946-7022
Email: scfpacpermitscwspacpermits@ec.gc.ca

Northern region
Northwest Territories, Nunavut and Yukon
PO Box 1870
Suite 301, 933 Mivvik St.
Iqaluit NU  X0A 0H0

Telephone: 867-975-4636
Fax: 867-975-4645
Email: CWSPermitNorth@ec.gc.ca

Please visit the Contact information for Canadian Wildlife Service office (by region) for the most up-to-date information.