A construction company has been fined $100,000 for moving the nests of migratory birds without a proper permit during a building project.
EllisDon Construction Services was sentenced in the Provincial Court of Alberta in Calgary on October 04, 2021. The company pleaded guilty to one count of violating section 6(a) of the Migratory Birds Regulations pursuant to the Migratory Birds Convention Act, 1994 (MBCA, 1994). The offences are related to the company’s disturbing of migratory bird nests without a permit during the course of its work at the West Calgary Ring Road project in June 2019.
According to a release by Environment and Climate Change Canada (ECCC), the issue was first raised on June 10, 2019 when a member of the public discovered bird boxes on the ground, with birds chirping inside. ECCC enforcement officers responded to the citizen’s complaint by conducting an inspection on an EllisDon worksite, which eventually led to an investigation. During the investigation, enforcement officers found that about seven bird boxes had been taken down and later reattached to fence posts. The investigators also noted that the boxes were used by Tree Swallows – a protected migratory bird species.
The construction company was ordered to pay a mandatory minimum fine of $100,000, which will be directed to the Government of Canada’s Environmental Damages Fund. EllisDon has also been ordered by the court to create educational material on migratory birds for staff and subcontractors to help them review on-site during staff orientation. In addition, EllisDon’s name will be added to the Environmental Offenders Registry.
