Bird Nest Protection – What You Should Know
In Canada, Arborists should be aware of the Federal Migratory Birds Convention Act Legislation that protects active nests and nests of protected birds year-round on crown land and private property, and ensure that they are in compliance to avoid any possible fines. Note that provincial legislation may also exist in each of Prairie provinces that could impact your operations. For example, under possible provincial regulations nests of eagles, peregrine falcons, gyrfalcons, osprey, herons, and burrowing owls may be protected year-round, regardless of nest activity. From a federal perspective, great blue heron nests are protected year-round.
Under the Federal Act, the following definitions apply
migratory bird means a migratory bird referred to in the Convention, and includes the sperm, eggs, embryos, tissue cultures and parts of the bird; (oiseau migrateur)
nest means the nest of a migratory bird and includes parts of the nest. (nid)
The link for the Federal Migratory Birds Convention Act legislation can be found
https://laws.justice.gc.ca/eng/acts/M-7.01/
In general, the legislation prohibits the disturbance or destruction of active nests and eggs. In Alberta, a map of the Nesting zones in Canada can be found at this link
Avoid tree and brush clearing activities wherever possible during the General Nesting Period of March 1 to August 31 to protect the active nesting season of most birds and avoid contravention of the nesting bird protection provisions under any applicable provincial wildlife legislation and the federal Migratory Bird Convention Act. Once again, provincial regulations may state that nests and trees with nests of eagles, peregrine falcons, gyrfalcons, osprey, herons, or burrowing owls are protected year-round, whether or not the nest is in use, and cannot be removed, damaged, injured, or molested at any time.
For “year-round” protected nests, nest surveys for protected nests must be conducted prior to tree clearing year-round to avoid contravention of the nesting bird protection provisions under the applicable provincial wildlife Act. Authorization from the Province and/or Federal Government is required to remove or modify a tree, snag, or other vegetation containing a nest of these species.
If tree and brush clearing must proceed during the General Nesting Period if trees or brush pose significant risk to the public or private property, or prevents safe access and use of trails, parks, and roadways, then individuals should undertake their due diligence to prevent harm to nesting birds. If tree removal during the General Nesting Period is unavoidable, a bird nest survey by a Qualified Avian biologist or avian naturalist shall be conducted to identify any active or protected nests. Tree and brush clearing may proceed if no active or protected nests are detected.
Works undertaken around active or protected nests must follow appropriate nesting season buffer zones and best practices to ensure compliance with any applicable provincial wildlife legislation and the federal Migratory Bird Convention Act.
If active or protected nests are detected and tree or brush clearing must occur, authorization by the province and/or Federal Government is required.
Professionals must be familiar with and reference the resources listed below, where appropriate.
Reducing Risk to Migratory Birds. Available online:
Guidelines to reduce risk to migratory birds – Canada.ca
Note: This is not considered legal advice. You should obtain legal counsel for the interpretation of federal/ provincial laws and regulations.
Written by:
Andre Savaria RPF#317
ISA Certified Arborist PR-4880A
Certified Tree Risk Assessor – TRAQ
Urbfor Consulting Ltd.