Is it illegal to move a bird’s nest in Ontario?

Yes, it can be illegal to disturb or move a bird’s nest in Ontario, especially if the nest is actively being used by birds. In Ontario, birds and their nests are protected by the Migratory Birds Convention Act (MBCA) and other provincial regulations.

Here’s what you need to know:

1. Migratory Birds Convention Act (MBCA)

The MBCA is a federal law that protects migratory birds and their nests in Canada, including Ontario. Under this act, it is illegal to:

Destroy, disturb, or take a migratory bird nest without proper authorization.
Disturb birds while they are nesting or when their eggs are in the nest.

This means that if a bird’s nest is actively being used by birds (i.e., there are eggs or chicks), it is illegal to move or disturb the nest unless you have a special permit from the Canadian Wildlife Service.

2. Exceptions and Permits

In some cases, you may be able to move a bird’s nest if you obtain the proper permit from the Canadian Wildlife Service. This typically applies to situations where the nest poses a risk to human health or property, and there is no other way to resolve the issue.

However, in most cases, especially if the nest is active or if it’s a migratory bird species, it’s best to leave the nest undisturbed.

3. When It’s Safe to Remove a Nest

Inactive Nests: If the nest is not actively being used, you may be able to remove it legally. This typically happens after the birds have finished nesting and left the area. It’s important to ensure that no birds or eggs are present before removing the nest.
Post-Nesting Season: If you’re dealing with a nest outside of the active nesting season (typically spring and summer), it may be safer to remove it without violating any laws.

4. Role of Wildlife Control Experts

If you’re dealing with a bird nest in a problematic area (such as in vents, soffits, or attics), it’s best to contact a professional wildlife control company like Tarzan Wildlife Control. These companies are knowledgeable about the regulations regarding wildlife protection and will ensure that the nest is removed in compliance with the law. They can also offer humane bird removal services and help prevent future infestations.

5. Penalties for Illegal Nest Disturbance

Disturbing or removing a protected bird’s nest without proper authorization can result in serious fines and penalties. Violating the MBCA can result in fines of up to $500,000 for individuals or $1 million for corporations, as well as potential jail time.

Conclusion:

In Ontario, it’s important to be cautious when dealing with bird nests. If the nest is active, it’s generally illegal to disturb or move it. Always check to ensure that no birds or eggs are present before removing a nest, and if you’re unsure, consult with a professional wildlife control company. These experts can handle the situation in a manner that’s both legal and humane, ensuring compliance with the law and protecting both your home and local wildlife.