Can the Migratory Birds Convention Act be applied to control avian influenza in wild birds?
Should isolated outbreaks of avian influenza in migratory birds occur and threaten community interests, Article VII of the Migratory Birds Convention Act and sections 24-26 of the Migratory Birds Regulations provide for the possibility to issue permits to kill migratory birds causing damage or danger. However, the circumstances warranting such action are viewed as unlikely to arise in the case of avian influenza, nor is such an action likely to be successful in limiting the spread of the disease. The public, domestic animal producers and regulators are reminded that some wild bird species and populations in Canada are protected by the Migratory Birds Convention Act. Any decision to capture or cull wild birds must be made on a case-by-case basis, and requires permits and consultation with Environment Canada, and/or provincial-territorial wildlife agencies.