Pipeline Construction and Compliance with the Migratory Bird Convention Act

Abstract

This chapter outlines how Maritimes & Northeast Pipeline LLP developed and implemented a program for managing compliance with the Migratory Bird Convention Act (MBCA) and Regulations during construction of the Saint John Lateral, in New Brunswick, Canada. The MBCA and Regulations were enacted to implement in Canada the Migratory Bird Convention of 1916. The purpose of the Act and its enabling Regulation is to protect migratory birds and nests. Pertinent sections of the legislation prohibit: “… the killing, 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 and Regulations to allow for the incidental take of migratory birds in relation to projects undertaken within bird habitat. 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 nesting activity generally occurs between April and August. These dates are regionally influenced and activity can start much earlier and extend later into the summer season. Given the long period for 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 beginning of fall timing windows for fisheries and agricultural resources. The scope of most pipeline activities does not fit within this available time.