Is It Illegal to Destroy a Canada Goose Nest?
The breeding and nesting season for Canada Geese begins early each spring and families of geese are with us all summer long. And, with their stay come a host of issues - from mild annoyances to goose attacks, property damage, and the threat of diseases.
Many home and property owners desperately seek solutions to get rid of geese from residential and commercial properties. While destroying a goose nest before the goslings hatch is the most effective way to discourage geese from lingering until their fall migration AND reduce the probability of them returning to the same spot next year, there are some legal considerations.
So, Can You Legally Destroy a Goose Nest?
Yes - but ONLY with a permit issued by the Canadian Wildlife Service. Let's look at this in more detail...
Why You Can't Just Destroy a Goose Nest
The Migratory Birds Convention Act, 1994 (MBCA): The Primary Federal Law
The Migratory Birds Convention Act (MBCA) is a Canadian law, that was originally created in 1917 and updated to its current version in 1994. It is based on the Migratory Birds Convention (also known as the Migratory Bird Treaty) which was agreed upon and signed by Canada and the United States in 1916. The Act aims to protect migratory birds, their eggs, and nests from activities like hunting, trafficking, and commercialization without proper permits. It also allows for the creation of Migratory Bird Sanctuaries.
The Migratory Birds Convention Act prohibits the killing, disturbing, removing, owning or selling, or destruction of migratory birds, their nests, and their eggs without a permit. Canada Geese are migratory birds and covered by this Act.
Ontario's Fish and Wildlife Conservation Act, 1997 (and associated regulations)
The Fish and Wildlife Conservation Act from 1997 (FWCA) in Ontario regulates the hunting and trapping of wildlife, including geese. Although the FWCA doesn't specifically target geese, it does protect wildlife in general, including goose nests and eggs. Canada Geese, are also subject to the Migratory Birds Convention Act, 1994 (Canada) which provides additional protections.
All permits surrounding geese control, removal, and/or management are issued by the Canadian Wildlife Service, and they are generally granted only when there is a demonstrable need to protect public health, safety, or property. Permits are required for each method of goose control and each location, as deemed necessary. The Canadian Wildlife Service's prominent role is to protect wildlife and prevent unnecessary suffering.
Municipal By-Laws
Additionally, interference with geese and other wildlife may be further regulated by municipal by-laws. Virtually every city and town in Ontario has by-laws that prohibit the feeding of wildlife on public or private land. Under Toronto’s Animals By-law, feeding wildlife can earn you a fine of up to $365. By-laws such as this aim to help wildlife stay wild and out of harm's way.
What Are the Fines for Disturbing Canada Goose Nests Illegally?
Penalties under the MBCA:
- Fines for unlawfully destroying, taking, or disturbing eggs
The set fine for any of these offences is $200 per egg;
- Fines for unlawfully damaging, destroying, removing, or disturbing a nest
The set fine for for any of these offences is $200 per nest;
- Fines for unlawfully buying or selling a migratory bird, nest, or egg
The set fine here is $300 per bird, nest, and egg;
- Potential for more severe penalties for repeat offenses or large-scale destruction
In the past, the Ontario Court of Justice has handed down convictions and issued fines of $5000 or more.
What Else could Happen if You Destroy a Canada Goose Nest Illegally?
- You will face charges under provincial acts;
- In addition to fines, you will encounter court and legal costs;
- Ignorance of the law is not a defense.
Ethical and Practical Considerations:
Canada Geese are territorial and fiercely protective of nests and their offspring. The gander's primary role is to protect the female and the nest. As a result, both he and the female will aggressively defend their nest and may cause severe injuries in confrontations.
Read more: Is It Illegal to Destroy a Canada Goose Nest?
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