Wellers Bay National Wildlife Area Management Plan: chapter 7

6 Authorizations and prohibitions

In the interest of wildlife and their environment, human activities are minimized and controlled in National Wildlife Areas (NWAs) through the implementation of the Wildlife Area Regulations. These regulations set out activities that are prohibited (subsection 3[1]) in the wildlife area and provide mechanisms for the Minister of the Environment and Climate Change to authorize certain activities, which are otherwise considered prohibited, to take place in NWAs. The regulations also provide the Minister with the authority to prohibit entry into NWAs.

Activities within an NWA are authorized where notices have been posted at the entrance to or along the boundaries of the NWA or when notices have been published in local newspapers. All activities in an NWA are prohibited unless a notice has been posted or published authorizing the activity to take place. However, in addition to notices, certain activities may be authorized by obtaining a permit from the Minister of the Environment and Climate Change.

The Minister has the legislative authority to permit activities in the NWA and in accordance to the Canada Wildlife Act (s. 12(g)) and Wildlife Area Regulations (s. 3(2),4,and 6) and the Species at Risk Act (s.73 and 74). A number of permitted uses are described in Section 6.3 below.

6.1 Prohibition of entry

Under the Wildlife Area Regulations, the Minister of the Environment and Climate Change may publish a notice in a local newspaper or post notices at the entrance of any wildlife area or on the boundary of any part thereof prohibiting entry to any NWA or part thereof. These notices can be posted when the Minister is of the opinion that entry is a public health and safety concern and when entry may disturb wildlife and their habitat.

For Wellers Bay NWA, entry is not allowed (prohibited) to the entire NWA.

Notices and signs prohibiting entry and warning of the Unexploded Explosive Ordnance (UXO) risks are posted around the perimeter of the NWA and/or published in local newspapers. Unauthorized boats are prohibited from landing on Wellers Bay NWA at all times. There are no authorized public activities at Wellers Bay NWA.

Note: If there is a discrepancy between the information presented in this document and the notice, the notice prevails because it is the legal instrument prohibiting entry.

6.2 Authorizations

Permits and notices authorizing an activity may be issued only if the Minister is of the opinion that the activity is scientific research relating to wildlife or habitat conservation, that the activity benefits wildlife and their habitats or will contribute to wildlife conservation, or that the activity is not inconsistent with the purpose for which the NWA was established and is consistent with the most recent management plan.

The Minister may also add terms and conditions to permits in order to minimize the impact of an activity on wildlife and wildlife habitat. Permit requests may be denied if in the opinion of the management authority the proposed activity is not in the best interest of the protected area or be revoked if the terms and conditions are not met. Refer to Appendix 2 for conditions of research permits in Wellers Bay NWA.

All requests for permits or authorizations for Wellers Bay NWA must be made in writing at least 7 weeks prior to the date of requirement to the following address:

Environment and Climate Change Canada - Canadian Wildlife Service
Ontario Region Permit Office
867 Lakeshore Road
Burlington ON L7R 4A6
Tel.: 905-336-4464
Fax: 905-336-4587
Email: wildlife.ontario@canada.ca

For further information, please consult the Environment and Climate Change Canada Policy when Considering Permitting or Authorizing Prohibited Activities in Protected Areas Designated Under the Canada Wildlife Act and Migratory Birds Convention Act, 1994 (December, 2011) (Environment Canada, 2011). This policy document is available on the Environment and Climate Change Canada Protected Areas website.

6.3 Exceptions

The following activities will be exempt from the requirements for permitting and authorizations under the Wildlife Area Regulations:

• Activities related to public safety, health or national security that are authorized by or under another Act of Parliament or that are authorized under the Health of Animals Act and the Plant Protection Act to protect the health of animals and plants;
• Activities related to routine maintenance of National Wildlife Areas, implementation of management plans, and enforcement activities conducted by an officer or employee of Environment and Climate Change Canada.

For Wellers Bay NWA, exceptions to the prohibited activities include, but are not limited to:

• DND UXO assessment activities and clearance operations;
• Research, surveys and monitoring of species and habitat.

These activities are administered through permits and formal collaborative agreements.

6.4 Other federal and provincial authorizations

Depending on the type of activity, other federal or provincial permits or authorizations may be required to undertake an activity in this NWA. Contact your regional federal and provincial permitting office for more information:

Federal

Canada Wildlife Act, Wildlife Area Regulations, Migratory Birds Convention Act, 1994, and Species at Risk Act:

Environment and Climate Change Canada - Canadian Wildlife Service
Ontario Region Permit Office
867 Lakeshore Road
Burlington ON L7R 4A6
Telephone: 905-336-4464
Fax: 905-336-4587
Email: wildlife.ontario@canada.ca

Fisheries Act and Species at Risk Act

Fisheries and Oceans Canada
Central and Arctic Region
520 Exmouth Street
Sarnia, ON N7T 8B1
Telephone: 519-383-1813 or
Toll-Free 1-866-290-3731
Fax: 519-464-5128

Provincial:

Fish and Wildlife Conservation Act; Endangered Species Act:

Ontario Ministry of Natural Resources and Forestry
Natural Resources Information Centre
300 Water St
Peterborough ON  K9J 8M5
Telephone: 1-800-667-1940 (toll-free)
TTY: 1-866-686-6072