Migratory Bird Act Update
Burlington Today Article:August 26, 2024
The federal government's investigation into the removal of more than 400 trees at the Millcroft Golf Course has concluded with no violations of the Migratory Birds Convention Act, 1994, according to a statement from Environment and Climate Change Canada (ECCC).
Hannah Boonstra, a spokesperson for ECCC, confirmed the finding in an email: "Based on information collected by Environment and Climate Change Canada (ECCC) enforcement officers to date, there is no reason to suspect noncompliance with the Migratory Birds Convention Act, 1994 and its associated regulations."
As a result, no enforcement actions have been taken.
Boonstra also explained in an email from May 8 that, “There are no specific surveys or assessments that are required prior to removing trees however, to reduce the risk of contravening the prohibition on the destruction of nests or eggs, surveys may be undertaken prior to the activity. There is no permit that may be issued to destroy nests of migratory birds unless those birds are causing damage or danger.”
On May 1, 2025, the Millcroft Golf Course saw the clearing of over 400 trees across the property following the Ontario Land Tribunal’s June 2024 approval of a partial redevelopment. This sparked two separate investigations by the City of Burlington and ECCC. The project has received considerable opposition from both residents and city officials.
A copy of the Final Aborist Report submitted to the City of Burlington as part of the site plans, detailed how the tree cutting would need to factor in nesting birds, stating: “As the peak breeding bird season in southern Ontario is generally from mid-May to early-July, and the more general breeding bird season is between early April and late August, vegetation clearing should occur outside of these periods (i.e., April 1 to August 31) whenever possible.”
It further stated that an Avian Biologist or Ecologist should be deployed to conduct detailed searches of nests before any vegetation clearing, further saying, “If active nests are confirmed, removal of the tree/vegetation will need to be delayed until the nest is no longer actively used.”
Millcroft Greens, the developer for the project, has maintained that the work was conducted in accordance with environmental guidelines. On the project's website, the company posted the following message regarding the tree removal and migratory bird nesting concerns: “Specifically, a certified ecologist conducted multiple nest sweeps to ensure no active migratory bird nests were disturbed. As a result, certain trees within a designated buffer zone were preserved, in accordance with environmental guidelines. This work was further reviewed by a Federal Wildlife Enforcement Officer from Environment and Climate Change Canada."
