Canada Gazette, Part I, Volume 158, Number 22: Regulations Amending the Wildlife Area Regulations

June 1, 2024

Statutory authority
Canada Wildlife Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Prairie National Wildlife Area (NWA), created in 1978, spans five eco-regions within the Prairies and Boreal Plains ecozones of Saskatchewan. The Prairie NWA consists of 26 parcels of land, referred to as units, with a total area of 2 873 ha. These units are scattered throughout the province and contain a large variety of habitats, making management complex and costly for the Department of the Environment (the Department). Recent ecological assessments of the Prairie NWA have confirmed that out of the 26 units, only 7 include critical habitats for species listed under the Species at Risk Act (SARA), unique habitats, or intact habitats with good connectivity for wildlife and therefore qualify as high conservation value habitats. Amendments to the Wildlife Area Regulations (the Regulations) are needed to restructure the Prairie NWA to allow the Department to manage lands of high conservation value more efficiently.

Background

The Canada Wildlife Act (the Act) and its regulations allow for the establishment, management, and protection of NWAs for research, conservation and interpretation purposes. There are currently 57 NWAs across Canada protecting over 3.5 million hectares of nationally significant habitats for animals or plants. The creation of NWAs using lands of high conservation value and the effective management of such NWAs serve to protect and conserve wildlife and wildlife habitats in Canada.

In the face of population growth, urbanization, industrial development, and global climate change, Canada has established domestic biodiversity goals based on internationally agreed-upon objectives. In Budget 2018, under the Nature Legacy Initiative, the Government of Canada committed to supporting biodiversity and protecting species at risk in Canada. In the 2019 Speech from the Throne, the Government committed to preserving Canada’s natural legacy, including by protecting 25% of lands in Canada by 2025. Canada has further committed to preserving 30% of lands and freshwater by 2030 as a signatory to the Kunming-Montréal Global Biodiversity Framework. Canada is working towards reaching these goals with its partners by creating healthier habitats for species at risk, and improving Canada’s natural environment. To support these goals, the Government of Canada invested an additional $2.3 billion over five years in Budget 2021, under the Enhanced Nature Legacy. This funding will support work with other levels of governments, Indigenous groups and non-profit organizations. Taken together with funding provided through the Nature Legacy Initiative, this represents the largest investment in nature conservation in Canada’s history.

To support these commitments, the Department not only designates new NWAs, but also undertakes periodic reviews of existing NWAs. Lands considered for new NWA status must meet one or more of the following five selection criteria: the area must (1) support at least 1% of the Canadian population of migratory bird species or other species listed under SARA; (2) support a significant assemblage of species of importance for Canada; (3) be a critical habitat for a migratory bird species or other species at risk; (4) be a rare or unusual habitat in a biogeographic region; or (5) possess a high potential for restoration or enhancement conducive to wildlife populations growth.

In the case of the Prairie NWA, a rigorous review of its various units of land was completed in October 2020. The land for the NWA was acquired in the 1970s, prior to the Department’s development of the modern criteria for the establishment of NWAs in 2005. Consequently, many of the Prairie NWA’s units of land do not meet the criteria. The review concluded that only 7 of the 26 units meet the criteria, with many occurrences of migratory birds and species listed under SARA, including Sprague’s Pipit (listed as threatened), Loggerhead Shrike (listed as threatened), Burrowing Owl (listed as endangered) and the Slender Mouse-ear-cress (listed as threatened). The lands that do not meet the criteria were found to have minimal or no presence of species at risk, insignificant migratory bird presence, fragmented habitats, and/or high levels of invasive species of low manageability.

Figure 1: Map of the Prairie National Wildlife Area

Figure 1: Map of the Prairie National Wildlife Area – Text version below the image

Figure 1: Map of the Prairie National Wildlife Area - Text version

Figure 1 is a map showing the area of the southern half of Saskatchewan, around Saskatoon, Lake Diefenbaker, Last Mountain Lake, and Regina. It shows the location of all the 26 units of the Prairie NWA, which are widely scattered and isolated, with 780 km separating the units that are furthest apart. The scale of the map is in hundreds of kilometres. The units, which vary from around 140 to 919 acres (but a majority of which are around 160 acres each), are shown as dots. The map indicates permanent waters, provincial boundaries, and major roads and highways. In the top, left-hand corner, a smaller scale map shows the location of the Prairie NWA within Canada.

Objective

The objectives of the Regulations Amending the Wildlife Area Regulations (the proposed Amendments) would be to facilitate the management of wildlife conservation, research and interpretation in southern Saskatchewan, by delisting those Prairie NWA units of which the lands are of low conservation value and creating five new NWAs for lands that are of high conservation value.

Description

The proposed Amendments would remove the Prairie NWA from Part VI (Saskatchewan) of Schedule I to the Regulations.

In its place, the proposed Amendments would designate five new NWAs as follows:

  1. Great Sandhills NWA would be designated using the lands currently constituting units 20 and 21 of the Prairie NWA, together comprising 474.7 hectares.
  2. Harris Sandhills NWA would be designated using the lands currently constituting unit 13 of the Prairie NWA, comprising 372.1 hectares.
  3. Longspur NWA would be designated using the lands currently constituting unit 11 of the Prairie NWA, comprising 193.4 hectares.
  4. Moose Mountain Creek NWA would be designated using the lands currently constituting unit 27 of the Prairie NWA, comprising 162.7 hectares.
  5. Thickwood Hills NWA would be designated using the lands currently constituting units 6 and 7 of the Prairie NWA, together comprising 298.6 hectares.

Figure 2: Map showing the location of the five proposed new National Wildlife Areas

Figure 2: Map showing the location of the five proposed new National Wildlife Areas – Text version below the image

Figure 2: Map showing the location of the five proposed new National Wildlife Areas - Text version

Figure 2 is a map showing southern Saskatchewan, including the cities of Prince Albert, North Battleford, Saskatoon, Yorkton, Swift Current and Regina. It shows the location of the five proposed new NWAs, Great Sandhills, Harris Sandhills, Longspur, Moose Mountain Creek and Thickwood Hills. The scale of the map is in hundreds of kilometres. The NWAs, which vary from 163 to 475 hectares, are shown as dots. The map indicates permanent waters, provincial boundaries, and major roads and highways.

Lands currently constituting units 1–5, 8, 9, 12, 14–19, and 22–26 of the Prairie NWA would no longer be subject to the Regulations.

The proposed Amendments would also authorize the following activities within the five new NWAs (currently authorized within the Prairie NWA) by adding them to Part VI (Saskatchewan) of Schedule I.1 to the Regulations:

  1. Wildlife viewing;
  2. Hiking;
  3. Non-commercial berry picking; and
  4. Sport hunting — including with dogs off-leash when hunting migratory game birds or upland game birds — without a commercial guide, from half an hour before sunrise to half an hour after sunset if the hunting is carried out
    • (a) in accordance with any applicable federal permit and any authorization required by the laws of Saskatchewan for sport hunting in that province; and
    • (b) without the use of toxic shot.

Regulatory development

Consultation

In December 2019, the Department sent a consultation package outlining the proposed delisting and reorganization of the Prairie NWA, including maps of the Prairie NWA and of the proposed new NWAs, via email to 267 Indigenous organizations (First Nations, Métis organizations and tribal councils). This consultation package was also sent to 14 environmental non-government organizations (ENGOs), 2 federal departments, 4 provincial departments, 4 industry organizations, 22 NWA permittees and 17 rural municipality offices. The Department initially sought feedback by January 2020 on the changes to the Prairie NWA; however, in the absence of a substantial number of responses, the response deadline was extended to the end of February 2020.

The Saskatchewan Ministry of Agriculture responded to the consultation package by indicating its support for the proposal, with the caveat that pasture land in any delisted unit should ultimately remain available to cattle producers. After delisting, the Department will continue to authorize cattle grazing through licence agreements.

The Department held follow-up discussions at the request of certain Indigenous organizations, including First Nations (Blood Tribe First Nation [Alberta], Kehewin Cree Nation, Little Pine First Nation, Swan River First Nation, and Piapot First Nation); the File Hills Qu’Appelle Tribal Council (FHQTC), which represents 11 Treaty 4 First Nations; the Gift Lake Métis Settlement; and the Manitoba Métis Federation. The comments received were neutral or sought additional information. No concerns were raised during these discussions.

The Department also held an in-person consultation meeting with ENGOs in February 2020, and shared detailed information about the lands proposed for delisting. It held an additional, virtual meeting in October 2020 to present more detailed information about the residual conservation value of the Prairie NWA units proposed for delisting. Four ENGOs expressed disagreement with the proposed delisting of units, while the majority response was supportive. In response to the concerns raised by the four ENGOs, the Department modified its proposal to also retain units 6 and 7 and designate the lands of these two units as the proposed Thickwood Hills NWA, in recognition of their intact habitat and connectivity to other wildlife habitats. The Department affirmed that the units proposed for delisting do not meet the criteriafootnote 1 for designation as an NWA but has committed to exploring other meaningful conservation outcomes for those units at the land-disposition stage (conservation easements or transfers to ENGOs or to First Nations).

No other responses or expressions of concern were received. The Department has advised all groups that it remains available to address any concerns, and that a further opportunity to comment will be available during a 90-day public consultation period after the proposed Amendments are published in the Canada Gazette, Part I.

Modern treaty obligations and Indigenous engagement and consultation

To ensure that the proposed Amendments have been developed and would be implemented in a way that respects and complies with modern treaties and the rights of modern treaty partners, an assessment of modern treaty implications (AMTI) has been conducted.

The Prairie NWA units are located within Treaty 4 (also known as the Qu’Appelle Treaty) and Treaty 6 lands. The AMTI did not identify any modern treaty implications in association with the proposed Amendments. The proposed Amendments would not have any direct negative effect on Indigenous peoples, as the process of delisting the 19 units and of reorganizing the lands of the remaining units within 5 new NWAs would not affect any treaty or constitutional rights.

In 2019, the Department conducted initial consultations with Indigenous groups in the areas surrounding the lands at issue. No concerns were raised. The FHQTC requested further engagement sessions for the 11 First Nations it represents. These sessions took place in December 2020, and January and March 2021. The FHQTC undertook to submit a report summarizing their comments and specific concerns with respect to the proposal (the FHQTC report). The Department has followed up with Indigenous organizations at regular intervals. On December 8, 2021, the Department received the FHQTC report. The FHQTC indicated no specific concerns with the delisting that is the object of this proposal. The concerns broadly outlined in its report are related to possible divestment of the delisted lands. In particular, the FHQTC suggested that any future divestment might have an adverse impact on Indigenous rights recognized and affirmed under section 35 of the Constitution Act, 1982.

To ensure that it has addressed the Crown’s duty to consult with respect to the discrete matter of the proposed delisting, the Department, working with Public Services and Procurement Canada, sent a response on March 10, 2022, which addressed the points raised by the FHQTC and proposed a follow-up meeting with FHQTC representatives. No response was received. Therefore, upon publication of the proposal in the Canada Gazette, Part I, the Department intends to send letters to all Indigenous communities in the surrounding areas and offer to hold additional meetings with them to pinpoint any known or identified historical or traditional Indigenous uses of specific areas of the lands proposed for delisting. If this offer is accepted, these meetings would serve to identify the nature of potential adverse impacts envisaged by the affected Indigenous communities for identified historical or traditional uses should these lands be divested of, and to discuss proposed accommodations to mitigate any such impacts, were they to arise.

Instrument choice

Once a parcel of land has been designated as an NWA under the Regulations, it can only be removed from the list by regulation. Therefore, no other instruments were considered.

Regulatory analysis

This analysis presents the incremental benefits and costs of the proposed Amendments expressed as the difference between the baseline and regulatory scenarios. In the baseline scenario, the Prairie NWA is maintained as is, while the regulatory scenario includes implementing the delisting of the 19 units and the designation of the 5 new NWAs over the same period. An analytical period of 10 years was used in this analysis. Unless otherwise noted, all monetary values in this analysis are in 2023 constant Canadian dollars, over the period of 2024–2033 and discounted at 7%.footnote 2

Benefits

The proposed Amendments would result in avoided costs to stakeholders equivalent to a 50% reduction in permit applications for activities on NWA lands due to the delisting of the 19 units. The activities that could be authorized in the new NWAs without requiring a permit are the same activities that have been authorized throughout the existing Prairie NWA under Schedule I.1 to the Regulations. The activities that would be prohibited in the new NWAs, except in accordance with a permit issued under section 4 of the Regulations, are the same as those previously prohibited throughout the Prairie NWA under subsection 3(1) of the Regulations. In this way, stakeholders that previously required permit applications for activities on NWA lands (e.g. grazing, haying, and agricultural cultivation) would no longer be required to apply for these permits on the delisted lands. The total reduction in administrative burden (labour cost in applying for the permit, and the cost of mailing the completed application) would be approximately $10,600 over 10 years to these stakeholders. The Department would avoid costs of approximately $15,700 over 10 years in relation to processing these permit applications.

The proposed Amendments would result in a reduction in enforcement costs within the 5 proposed NWAs compared to the enforcement within the existing Prairie NWA. Cost reductions associated with the proposed delisting of the 19 units and to the administration, management, compliance promotion and enforcement for the proposed 5 new NWAs are estimated at approximately $23,000 in the first year, and then $33,500 annually (undiscounted). The total discounted benefits of the proposed Amendments are estimated at approximately $235,000 over the 10-year analytical time frame.

The delisting of lands would have no societal costs resulting from negative environmental impacts, as the delisted lands are considered to be of low conservation value. The direct outcome of the designation of high conservation value lands as new NWAs while low conservation value lands are delisted would be to improve conservation efficiency and therefore better serve overarching conservation goals.

Costs

The proposed Amendments would not result in significant new costs to businesses, consumers, or the Canadian public, because the uses of the new NWAs do not differ from their current uses. In the past year, 24 permits (the majority of which were for grazing) were issued for the Prairie NWA, 12 of which were issued for activities on lands that are proposed to form the 5 new NWAs. These permit holders are not anticipated to face any new costs for the same activities but would carry the same costs as they did with activities in the existing Prairie NWA.

The proposed Amendments are anticipated to result in minor incremental costs for the Government of Canada related to the administration, compliance promotion and enforcement activities for the proposed NWAs, and the delisting of the 19 units of the existing Prairie NWA. For the first year, costs would include development and distribution of compliance promotion material related to the creation of the 5 new NWAs, estimated at $9,700.footnote 3 The costs for enforcement activities such as strategic and tactical intelligence development, set up of logistics for inspections/patrols, travel and transportation of equipment, and for habitat management purposes of the new NWAs are not expected to exceed the current costs of managing these lands as part of the Prairie NWA.

Table 1: Summary of monetized costs and benefits
Impacts First year
(undiscounted)		 Subsequent years (undiscounted) Total present value (discounted)
Benefits (reduction in administrative costs) $33,500 $33,500 $235,000
Costs $9,700 N/A $9,000
Total (net benefits) $23,800 $33,500 $226,000

Small business lens

Given that the majority of cattle ranching and farming businesses are small businesses (and the majority of issued permits were for cattle grazing), analysis under the small business lens concluded that the proposed Amendments would impact small businesses. It is anticipated that the delisting of the 19 units would reduce the number of permit applications by approximately 50%, from 24 to 12, and that the reorganization of the lands of the remaining units of the Prairie NWA into 5 new NWAs would not reduce or increase permit applications.

The proposed Amendments would lead to an overall reduction of $8,045 in administrative costs over 10 years. This would result in an anticipated decrease in annualized costs of approximately $1,145 for all 12 businesses, or an annualized reduction of approximately $95 to each of the small businesses affected (2022 price levels, 7% discount rate).

One-for-one rule

The one-for-one rule applies to the proposed Amendments since there would be an incremental decrease in administrative burden on businesses, and the proposal is considered burden out under the rule. No regulatory titles are repealed or introduced. As a result of delisting the 19 low conservation value units from the Prairie NWA, there is an anticipated decrease in permit applications for activities on NWA lands by approximately 50%, from 24 to 12.

The proposed Amendments would result in a reduction in annualized administrative burden of an estimated $409 over the next 10 years to those 12 applicants that would no longer require NWA permits to use the lands of the units to be delisted, or an annualized cost reduction of $34 per applicant (2012 constant Canadian dollars, discounted to a base year of 2012, discounted at 7%). These estimates are based on per application assumptions of one hour at a cost of labour of $37.95 per hour to complete an application and preparation and shipping costs of $38.94.

Furthermore, it is not anticipated that the reorganization of the lands of the remaining units of the Prairie NWA into five new NWAs would reduce or increase the number of permit applications on those lands.

Regulatory cooperation and alignment

These proposed Amendments are not related to a work plan or commitment under a formal regulatory cooperation forum. However, as the proposed Amendments would protect and conserve wildlife and wildlife habitats in Canada, the proposal supports commitments made by Canada under the United Nations Convention on Biological Diversity and the Kunming-Montreal Global Biodiversity Framework.

To achieve these commitments, the Department is working with provinces and territories by, among other things, negotiating Nature Agreements to advance shared conservation goals. Nature Agreements between the federal and interested provincial and territorial governments will include clear and strong commitments to nature conservation and protection and mutually agreed upon actions and financial commitments that Canada and the province or territory will take to reach their individual and collective conservation goals.

Strategic environmental assessment

A strategic environmental assessment was conducted in respect of the proposed Amendments. It was determined that the delisting of the 19 units of the Prairie NWA has no direct environmental effects, nor does it contribute directly to the 2022 to 2026 Federal Sustainable Development Strategy (FSDS) goals.

The Department has determined that, overall, the proposed reorganization of lands into five new NWAs would benefit wildlife and wildlife habitats in southern Saskatchewan. This reorganization would contribute indirectly and to a minor extent to FSDS Goal 15 (protect and recover species, conserve Canadian biodiversity), by maximizing the efficiency of management of high conservation value lands designated as NWAs. The land reorganization would also indirectly contribute to FSDS Goal 13 (take action on climate change and its impacts) by supporting the long-term overall health of local ecosystems and the conservation of biodiversity, since maintaining the plurality and diversity of ecosystems plays a role in mitigating the effects of climate change.

It is not anticipated that the changes brought about by the proposed Amendments would have any negative effects on natural resources.

Gender-based analysis plus

A gender-based analysis plus (GBA+) has been performed for the proposed Amendments. No negative GBA+ effects have been identified for the proposed Amendments.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Amendments would come into force upon registration.

Following the delisting, the Department would explore options for divesting the delisted units, such as trading lands for lands of higher conservation value, transferring them to conservation organizations or Indigenous communities, or selling the lands. This would allow for the reallocation of resources to pursuing opportunities to acquire other high conservation value lands to expand the new NWAs, thereby contributing to commitments made under the Enhanced Nature Legacy initiative to support biodiversity by focusing on high conservation value lands in the creation of NWAs.

Any disposition would respect treaties and other agreements between the Crown and Indigenous peoples from a wide geographic area around the land concerned and include undertaking due diligence in verifying title (including asserted or established aboriginal or treaty rights). First Nations with valid claims further to the 1992 Saskatchewan Treaty Land Entitlement Framework Agreement would receive advance notification of disposition and be granted priority of opportunity to acquire the land concerned.

Compliance and enforcement

Upon the establishment of the proposed NWAs, the Department would continue as the lead federal organization responsible for compliance promotion and enforcement activities according to the protections provided for under the Act and the Regulations but would no longer administer the 19 delisted units as part of an NWA.

A compliance strategy has been developed to support the implementation of the proposed Amendments. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the legislation through education and outreach activities that raise awareness and understanding. Given that the proposed Amendments would not impose any significant new requirements, compliance promotion and enforcement activities would be limited, and would have a targeted focus. These activities may involve web content, social media, direct mail outs, signage, and stakeholder inquiries.

The Act provides wildlife officers (designated under the Act) with various powers (e.g. inspection, right of passage, search and seizure, custody of things seized). Enforcement measures are available to wildlife officers (compliance orders, tickets, administrative monetary penalties [AMPs], and prosecutions) to secure compliance. The Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations (the Designation Regulations) designate offences under the Act that subject an offender to minimum fines and increased maximum fines upon conviction by prosecution.

Enforcement activities are generally prioritized based on conservation risk to wildlife and wildlife habitats as well as the level of risk of non-compliance. In cases involving minor situations of non-compliance, a warning, compliance order, ticket or AMP may be appropriate. In cases involving a serious incident of non-compliance, prosecution may be the most appropriate recourse for enforcement purposes. In such cases, the fine regime described in the Designation Regulations would apply upon conviction and explain offences and punishments (penalties, fines and imprisonment) for offenders, whether they are individuals, small revenue corporations or other persons. Part I of Schedule I.2 to the Contraventions Regulations designates offences under the Wildlife Area Regulations that can subject an offender to a fine. Division 1 of Part 2 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations designates violations under the Canada Wildlife Act, and Division 2 designates violations under the Wildlife Area Regulations, which can subject a violator to an AMP.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 15th Floor
Gatineau, Quebec
K1A 0H3
Email: ReglementsFaune-WildlifeRegulations@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Wildlife Area Regulations under section 12footnote a of the Canada Wildlife Act footnote b.

Interested persons may make representations concerning the proposed Regulations within 90 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but, if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Caroline Ladanowski, Director, Wildlife Management and Regulatory Affairs Division, Canadian Wildlife Service, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3 (email: ReglementsFaune-WildlifeRegulations@ec.gc.ca).

Ottawa, May 23, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending the Wildlife Area Regulations

Amendments

1 Item 2 of Part VI of Schedule I to the Wildlife Area Regulations footnote 4 is replaced by the following:

2 Great Sandhills National Wildlife Area

Being all those parcels of land, in township 20, range 25, west of the third meridian:

2.1 Harris Sandhills National Wildlife Area

Being all those parcels of land, in township 31, range 12, west of the third meridian:

2.2 Longspur National Wildlife Area

Being all those parcels of land, in township 1, range 12, west of the third meridian:

2.3 Moose Mountain Creek National Wildlife Area

Being all those parcels of land in township 12, range 9, west of the second meridian:

2.4 Thickwood Hills National Wildlife Area

Being all those parcels of land, in township 45, range 8, west of the third meridian:

All those parcels of land, in township 46, range 8, west of the third meridian:

2 The heading “Prairie National Wildlife Area” and items 1 to 5 under that heading in Part VI of Schedule I.1 to the Regulations are replaced by the following:

Great Sandhills National Wildlife Area

Harris Sandhills National Wildlife Area

Longspur National Wildlife Area

Moose Mountain Creek National Wildlife Area

Thickwood Hills National Wildlife Area

Coming into Force

3 These Regulations come into force on the day on which they are registered.

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