| Montreal, 15/10/2004 – On 12 October 2004, the Commission for
Environmental Cooperation of North America (CEC) received a submission from Canadian and US nongovernmental organizations alleging that Canada is failing
to effectively enforce Section 6(a) of the Migratory Bird Regulations
(MBR) adopted under the Migratory Birds Convention Act, 1994, in regard
to logging in four forest management units (FMUs) in Ontario. Section 6(a) of the MBR makes it an offence to disturb, destroy or take a nest or egg of a migratory bird without a
permit. On 14 October, the CEC Secretariat requested a response to the submission from Canada.
The submission (SEM 04-006/Ontario Logging II) was filed by Canadian Nature
Federation, Canadian Parks and Wilderness Society, Earthroots, Federation of Ontario Naturalists, Great Lakes United, Sierra Club (United States and Canada), and Wildlands League (together, the Submitters), represented by Sierra Legal Defence Fund (SLDF). In February 2002, these same Submitters filed the Ontario Logging submission (SEM-02-001), which made the same assertions as are contained in the new submission with respect to the same four FMUs, as well as many others. Pursuant to a decision of the CEC Council in April 2003, the Submitters presented supplemental information in connection with the original Ontario Logging submission in August 2003. The CEC Secretariat is currently developing a factual record for the Ontario Logging submission, pursuant to instructions from the CEC Council issued in March 2004. In its instructions, Council noted "that the submitters may, if they wish, submit a new submission with the requisite sufficient information with respect to the four (4) forest management units for which information was not available.
In the new submission, the Submitters focus on the Cochrane, Shiningtree Forest, Temagami and Wawa Forest FMUs. Using the same methodology as used in the supplemental submission presented in August 2003, they estimate that 1,270 migratory bird nests were destroyed in 2001 in those FMUs. The methodology used to make this estimate is based on data from The Canadian Breeding Bird (Mapping) Census Database and Forest Management Plans for the relevant FMUs, plus actual harvest data. The Submitters state: "The actual harvest data information was obtained as it became available from industry or government sources in the period between April and 1 October 2004. In the case of the fourth unit—Shiningtree Forest—harvest data was not made available, despite our persistent inquiries, until 1 October 2004: almost three years since extraction activities took place in this part of the public forest!"
They allege that Environment Canada, through its Canadian Wildlife Service, is primarily responsible for enforcing the MBCA and that virtually no action has been taken to enforce section 6(a) of the MBR against logging companies, logging contractors and independent contractors. The Submitters assert that the alleged failure to enforce section 6(a) of the MBR, in addition to the harmful impact on the migratory bird population, has negative consequences for wildlife biodiversity, tourism, respect for the law, fair competition within the logging industry and healthy wood stocks. The Submitters state that since the original submission was filed in February 2002, "no information has come to light in any government response, media reports, meetings with government, access to information requests, or other information to cast doubt on the Submitters' original assertion that no charges were ever laid or investigations conducted—or other effective action taken, for that matter—against logging companies in any FMU in Ontario, including the four FMUs at issue in this submission."
In its determination of 14 October 2004, the CEC Secretariat concluded that the submission meets all of the criteria set out in Article 14(1) of the North American Agreement on Environmental Cooperation (NAAEC). Taking into account the factors listed in NAAEC Article 14(2), the Secretariat determined that the submission merits a response from Canada. According to Article 14(3) of the NAAEC, Canada has up to 60 days to submit its response. Thereafter, the CEC Secretariat will review the submission in light of the Party's response, to determine whether it warrants the development of a factual record.
The citizen submissions mechanism of the CEC enables the public to play a whistle-blower role on matters of environmental law enforcement. Under Article 14 of the NAAEC, any person or nongovernmental organization may submit a claim alleging that a NAFTA partner has failed to effectively enforce its environmental law. Following a review of the submission, the CEC may investigate the matter and pursue a factual record of its findings.
Please visit the Citizen Submission on Enforcement Matters page for more information.
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