Nest Clearance Surveys

Book one when tree removal or brush clearing has to happen in nesting season, which ECCC puts at late March or early April to late August in the GTA, or when your permit, contract or environmental plan requires one.

The federal Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations, 2022 prohibit damaging, destroying, removing, or disturbing a protected nest. Most nests are protected when they contain a live migratory bird or viable egg. Nests of the 18 Schedule 1 species receive additional year-round protection. If a bird on Ontario's Protected Species list nests in the tree, the Species Conservation Act, 2025 also protects the bird and its nest, and the work needs a registration before it starts.

Federal law does not set a universal expiry period for survey findings. Some permits and environmental plans impose a 48-hour timing requirement, while others use a different period. The governing project documents and changing site conditions determine when another assessment is needed.

We first review the work area, habitat, timing, species likely to be present, and applicable project conditions. ECCC says an occupancy survey may be appropriate when skilled and experienced observers use a suitable method in simple habitat with few possible nesting locations or a small bird community. Dense woodland or complex scrub requires a different risk approach because an active nest search can miss nests and cause disturbance.

Under the Migratory Birds Regulations, 2022, 18 species have year-round nest protection, even when the nest is unoccupied. GTA examples include Pileated Woodpecker and Great Blue Heron. Their nests must remain unoccupied for 36 and 24 months respectively after notice is submitted through the federal Abandoned Nest Registry before removal.

If an active nest is found, work must stop in that area immediately. A buffer zone is established around the nest, and work cannot resume near it until the young have naturally fledged and left the nest. We'll document the findings and advise on how to proceed. Work can continue in other areas of the site while the nest is active.

No. Nesting periods vary by region, habitat, species and year. A nest containing a live bird or viable egg remains protected whenever it occurs, and Schedule 1 nests receive protection throughout the year.

Harming a protected nest, egg or bird without a permit carries a federal fine of $5,000 to $300,000 for an individual on a first summary conviction, or $15,000 to $1,000,000 on indictment. Jail of up to 6 months or 3 years is also possible. Corporations face $100,000 to $4,000,000 on a first summary conviction and $500,000 to $6,000,000 on indictment, with lower ranges for small revenue corporations. Repeat offences double the ranges. A violation can also stop work and delay a project.

We offer next-day availability across the Greater Toronto Area. We time the visit to your crew's start date.

We serve the entire Greater Toronto Area including Toronto, Mississauga, Oakville, Markham, Vaughan, Richmond Hill, Brampton, Burlington, Hamilton, Pickering, Caledon, King, Durham Region, and York Region.