Migratory Birds Convention Act

The Migratory Birds Convention Act, 1994 protects certain bird species. Specifically it is prohibited to disturb, destroy or take a nest, egg or nest shelter of a migratory bird or have in one’s possession a live migratory bird, carcass, skin, nest or egg of a migratory bird except under authority of a permit. It is also prohibited to deposit or permit to be deposited oil, oil wastes or any other substances harmful to migratory birds in any waters or any area frequented by migratory birds, and also allows for the authorization of deleterious deposits by the Canada Shipping Act, another federal act, or the Minister.

Clearing and/or Civil Work is prohibited if it will disrupt nesting habitat for the period of time during which bird species listed under the Act are present and nesting. At the sole discretion of Alberta Environment and Parks, this period may start by April 1 and extend through to August 15 in the given year. Depending on the project location and seasonal weather conditions. Environment and Parks reserves the right to adjust these dates.

If the Contractor wishes to commence clearing or other potentially disruptive work after April 1 and before August 15, he shall employ a Wildlife Specialist, acceptable to the Consultant, to determine whether the proposed work will disturb nesting birds listed under the Act. The Contractor shall submit the Wildlife Specialist’s report to the Consultant for review a minimum of 1 week prior to the scheduled commencement of this Work. All costs associated with obtaining the services of the Wildlife Specialist, preparation of the Wildlife Specialist’s report and any measures necessary to mitigate disturbance to nesting habitat will be considered incidental to the work, and no separate or additional payment will be made.