Pipeline Construction and Compliance with the Migratory Bird Convention Act

摘要

The Migratory Bird Convention Act (MBCA) and Regulations were enacted to implement inCanada the Migratory Bird Convention of 1916. The purpose of the Act and its enabling Regula-tion is to protect migratory birds and nests. Pertinent sections of the legislation prohibit: "... thekilling, injure or harassment of a migratory bird; the disturbance, destruction or take of a nest, egg,or nest shelter of a migratory bird ..." There are no provisions within the MBCA or Regulationsto allow for the incidental take of migratory birds in relation to projects undertaken within birdhabitat. Generally, pipeline construction activities are planned to occur in accepted "windows"to avoid potential impacts to other natural resources or land use activities. Breeding and nestingactivity generally occurs between April and August. These dates are regionally influenced andactivity can start much earlier and extend later into the summer season. Given the long periodfor breeding and nesting activity, the available period to carry-out pipeline construction is being"squeezed" in between the end of the migratory bird breeding/nesting activity and the begin-ning of fall timing windows for fisheries and agricultural resources. The scope of most pipelineactivities does not fit within this available time. This paper outlines how Maritimes & NortheastPipeline LLP developed and implemented a program for managing compliance with the MBCAand Regulations during construction of the Saint John Lateral, in New Brunswick, Canada.