Western chorus frog: frequently asked questions on emergency protection order

The Frequently Asked Questions (FAQs) below are meant to provide Canadians and businesses with basic information about the Emergency Order for the Protection of the Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield Population).

Note:
(a) A “metapopulation” is a term used to refer to a group of populations of a species that are connected together by migration.

1. What is the purpose of these regulations?
   
2. What are the key elements of these regulations?
   
3. How do these regulations affect Canadian businesses?
   
4. What is the timeline for implementation?
   
5. Where can I get more information?

1. What is the purpose of these regulations?

The purpose of the Emergency Order for the Protection of the Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield Population) hereafter referred to as “the Order”, is to provide protection for the La Prairie metapopulation of the Western Chorus Frog (GLSLCS), following the conclusion that the species faces an imminent threat to its recovery, including by protecting the habitat identified in the Order to stabilize the population and help its recovery.  The recovery strategy for this species as well as additional information is available on the Species at Risk Public Registry.

The Minister of the Environment makes a recommendation to the Governor in Council to issue an Emergency Order under section 80 of the Species at Risk Act when he or she is of the opinion that the species faces an imminent threat to its survival or recovery. An Emergency Order can protect a listed wildlife species on both federal and non-federal lands.

2. What are the key elements of these regulations?

The Emergency Order identifies habitat that is necessary for the recovery of the Western Chorus Frog (GLSLCS). The area covered by the Order is approximately 2 square kilometers of partially developed land in the municipalities of La Prairie, Candiac and St-Philippe (located outside of Montreal, Quebec) approximately half of which is currently a conservation park.

The Emergency Order also contains year-round prohibitions that apply to this area. Under the Emergency Order, it is prohibited to:

1. remove, compact or plow the soil;
2. remove, prune, damage, destroy or introduce any vegetation, such as a tree, shrub or plant;
3. drain or flood the ground;
4. alter surface water in any manner, including by altering its flow rate, its volume or the direction of its flow;
5. install or construct, or perform any maintenance work on, any infrastructure;
6. operate a motor vehicle, an all-terrain vehicle or a snowmobile anywhere other than on a road or paved path;
7. install or construct any structure or barrier that impedes the circulation, dispersal or migration of the Western Chorus Frog;
8. deposit, discharge, dump or immerse any material or substance, including snow, gravel, sand, soil, construction material, greywater or swimming pool water; and
9. use or apply a pest control product as defined in section 2 of the Pest Control Products Act or a fertilizer as defined in section 2 of the Fertilizers Act.

Activities related to public safety and health that are authorized under provincial law are exempted from the Order.

3. How do these regulations affect Canadian businesses?

The Government of Canada’s goal is to achieve the best protection for the Western Chorus Frog (GLSLCS), while minimizing impacts on the developers, builders and private land owners in the area.

Of the prohibited activities within the geographic scope of the Order, the prohibitions concerning altering the state of the land, vegetation and surface water hydrology (prohibitions a), b) and d)), and the installation /maintenance of infrastructure (prohibition e) may have the most impact on Canadian businesses. Specifically, the Order would prevent development of residential units in phases 5 and 6 of the Symbiocité residental project in La Prairie, while allowing phases 1 through 4 of the residential development to be completed. The geographic scope of the Order does not include the sites identified for the future construction of community infrastructure, such as the arena and the school.

It is also anticipated that utility companies would need to apply for SARA permits to conduct maintenance of infrastructure in the area covered by the Order or to construct new infrastructure. Businesses would also need to take into account the prohibition on the modification of surface-water hydrology (prohibition d)) if undertaking any development activities close to the area covered by the Order.

4. What is the timeline for implementation?

The Emergency Order for the Protection of the Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield Population) made under the authority of the Species at Risk Act, will come into force on July 8, 2016.

5. Where can I get more information?

For more information on the Emergency Order for the Protection of the Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield Population) please visit the Emergency Order Summary: Western Chorus Frog (GLSLCS).

You can also contact Environment and Climate Change Canada’s Canadian Wildlife Service (CWS) at ec.enviroinfo.ec@canada.ca or toll free at 1-800-668-6767. For more information or inquiries, please contact the CWS Quebec Regional Office or the CWS headquarters in Gatineau, QC in writing at the addresses below:

Quebec Region
Canadian Wildlife Service
Environment and Climate Change Canada
801-1550, avenue D'Estimauville
Québec, QC
G1J 0C3

Canadian Wildlife Service
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, QC
K1A 0H3

This document is intended to provide contextual information on the Emergency Order for the Protection of the Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield Population). It does not replace the Species at Risk Act or the Emergency Order for the Protection of the Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield Population). In the event of any inconsistencies, the Species at Risk Act and the Emergency Order for the Protection of the Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield Population) shall prevail.

For more information

• The Cabinet Directive on Regulatory Management
• The Red Tape Reduction Action Plan
• The Canada–United States Regulatory Cooperation Council

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.