Migratory Birds Convention Act - Explained
The purpose of the Migratory Birds Convention Act (MBCA) is to protect and conserve migratory bird populations and individuals. Legal protection extends to their nests, eggs, and any part of the bird.
The killing or harming of the birds or destruction or disturbance of nests and eggs is unlawful regardless of intent. Harm that results from human activities that are not directed at the birds or nests is called ‘incidental take’ because it occurs incidental to otherwise lawful activity. The law is clear: Incidental take is a contravention of the MBCA. With respect to birds nesting in forested habitats, activities that result in incidental take may include forest harvesting, stand thinning, brush removal, site clearing, and road construction and maintenance if they are done during the nesting period.
Nearly all native birds in Canada are protected, even if they don’t migrate. The only native species that are excluded are birds of prey (hawks, owls, eagles, falcons), kingfishers, ravens, crows, jays, and three species in the blackbird family (rusty blackbirds, common grackles, and brown‐headed cowbirds). The excluded species were viewed as detrimental to humans when the Act was originally adopted in 1916.
To learn more about the MBCA, see the Government of Canada websites:
The purpose of the Migratory Birds Convention Act (MBCA) is to protect and conserve migratory bird populations and individuals. Legal protection extends to their nests, eggs, and any part of the bird.
The killing or harming of the birds or destruction or disturbance of nests and eggs is unlawful regardless of intent. Harm that results from human activities that are not directed at the birds or nests is called ‘incidental take’ because it occurs incidental to otherwise lawful activity. The law is clear: Incidental take is a contravention of the MBCA. With respect to birds nesting in forested habitats, activities that result in incidental take may include forest harvesting, stand thinning, brush removal, site clearing, and road construction and maintenance if they are done during the nesting period.
Nearly all native birds in Canada are protected, even if they don’t migrate. The only native species that are excluded are birds of prey (hawks, owls, eagles, falcons), kingfishers, ravens, crows, jays, and three species in the blackbird family (rusty blackbirds, common grackles, and brown‐headed cowbirds). The excluded species were viewed as detrimental to humans when the Act was originally adopted in 1916.
To learn more about the MBCA, see the Government of Canada websites:
