LONDON, Ont. — Two Ontario construction companies have been fined for destroying bank swallow nests contrary to the federal Migratory Birds Convention Act.
M.T. Johnstone Construction Ltd. and 1926705 Ontario Inc., the latter operating as AAR-CON Excavating, pleaded guilty in the Ontario Court of Justice on July 27 to two counts each of violations of the Migratory Birds Regulations, said a statement from Environment and Climate Change Canada.
The bank swallow was listed in the Species at Risk Act as a threatened species in Canada last November, likely to become endangered if actions are not taken to reverse the factors leading to its extinction.
On May 31, 2017, the department received a complaint that approximately 100 bank swallow nests had been destroyed at a residential construction project in Mount Brydges, Ont.
On Nov. 2, 2017, an enforcement officer visited the site to conduct an inspection and determine if the construction work was being carried out in compliance with the Migratory Bird Regulations. The officer observed a freshly excavated soil berm with numerous bank swallows flying in and out of more than 30 remaining nest shelter entrance holes in the berm.
The release said under the Migratory Birds Regulations, it is prohibited to hunt a migratory bird as well as attempt to kill, capture, injure or harass a migratory bird in any manner. The regulations also prohibit destruction, removal or disturbance of migratory bird eggs, nests and nest shelters without a permit. Permits are available only under specific circumstances.
The firms pleaded guilty to one count each of violating subsection 5(1) of the regulations, for unlawfully hunting migratory birds. In addition, the companies pleaded guilty to one count each of violating paragraph 6(a) of the regulations, for destroying migratory bird nests.
The companies were each sentenced to pay $10,000 in fines. The $20,000 penalty will be directed to the Government of Canada’s Environmental Damages Fund.
The release said swallows nest in burrows dug into exposed soil banks near ponds, rivers, sand pits, quarries and some construction sites with these features. To reduce the risk of damaging or destroying a bank swallow nest, Environment and Climate Change Canada recommends that people conducting work near potential nesting areas avoid scheduling excavation or construction activities during the spring and summer nesting season.
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