Nest Clearance
Nest Clearance Surveys
Project-specific migratory bird risk assessment for tree removal and vegetation clearing. Next-day availability across the GTA.
Federal law protects migratory birds, eggs, and occupied nests, but it does not impose one universal survey season or expiry period. We assess the site, habitat, timing, and project conditions, then complete an active-nest survey where that method is appropriate or specifically required.
The law protects nests, not a fixed calendar window
Under the federal Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations, 2022, it is prohibited to damage, destroy, remove, or disturb a protected nest. For most species, protection applies when a nest contains a live migratory bird or viable egg. Schedule 1 nests receive additional year-round protection.
Environment and Climate Change Canada places the GTA around nesting zones C1 and C2. Their broad planning periods run from late March or early April through late August. Actual activity varies by habitat, species, location, and year, so those dates are not legal start and end dates. Avoid likely nesting activity where practical, then assess the remaining project risk.
What a Nest Clearance Survey Includes
Project and Habitat Review
We define the disturbance area and review habitat, timing, access, proposed methods, and any permit or contract conditions before selecting the assessment approach.
Active-Nest Survey Where Appropriate
Where the ECCC conditions are met, a skilled and experienced observer uses a method suited to the simple habitat and limited possible nest locations. The assessment looks for nesting activity, occupied nests, and viable eggs without relying on an intrusive blanket search.
Schedule 1 Species Screening
We assess Schedule 1 species that could reasonably occur based on habitat and range. GTA examples include Pileated Woodpecker, with a 36-month waiting period, and Great Blue Heron, with a 24-month waiting period.
Written Findings
We document the area reviewed, date, conditions, method, observations, and practical next steps. A negative survey records what was observed at that time. It does not transfer the proponent's legal responsibility or guarantee that site conditions will remain unchanged.
Project-Specific Timing
Federal law does not set a universal expiry period. Some project protocols require assessment within 48 hours of work, while others specify a different period. We follow the applicable documents and current site conditions.
Higher-risk period
Spring and summer
Exact timing varies by habitat and species
Next-day availability
How It Works
Quick, coordinated surveys timed to your project schedule
Review the Project
Next-day availability
Share the site address, work area, planned methods, timing, and any permit or contract conditions. We confirm whether a visual survey is an appropriate part of the risk plan.
Assess the Work Area
Method matched to the site
Where ECCC conditions are met, a skilled and experienced observer uses an appropriate method in simple habitat with limited possible nest locations.
Document the Findings
Project-specific timing
We record the assessment scope, conditions, observations, and next steps. If a protected nest is present, work must avoid the affected area until the applicable restrictions are resolved.
What it costs
Surveys are priced per site visit. The main factors are:
- Number of trees and site size. A single-tree residential removal is a different scope than clearing a multi-acre development site. Large commercial projects with dozens of trees are quoted accordingly.
- Schedule 1 species risk. Sites near known Pileated Woodpecker or Great Blue Heron habitat may require additional documentation before work can proceed.
- Timing relative to your crew. Early-morning surveys to match a removal crew's start time, or same-day requests, may carry a premium.
- Municipality format requirements vary. Some accept a single-page clearance letter; others specify report formats or digital submission through their permit portal.
Get a quote
Most residential surveys are straightforward to price. Share the address, the number of trees, and your planned work date, and we'll quote you directly.
Request a QuoteNext-day availability across the GTA
When a Nest Assessment May Be Appropriate
The decision depends on project timing, habitat, work scope, and documented approval conditions
Tree Removal Companies
When removal cannot avoid likely nesting activity or the project documents require a pre-work assessment. A written finding supports risk planning but does not transfer legal responsibility.
Contractors & Developers
When a permit, contract, environmental plan, municipality, or conservation authority sets a documented pre-clearing condition.
Homeowners
When planned removal or heavy pruning could affect likely nesting habitat and the work cannot be rescheduled to reduce that risk.
Utility & Infrastructure Projects
When project specifications or environmental controls require documented pre-clearing observations in a defined work area.
A visual survey is not always the right method
Dense woodland and scrub can make active nests difficult to detect. A simple walk-through may create false confidence and may itself disturb birds.
Avoidance and scheduling are preferred where practical. ECCC recommends planning activities outside periods when occupied nests are likely to be present.
Negative findings are time-specific. Birds can begin or resume nesting after an assessment, so the project still needs appropriate preventive measures.
Schedule 1 nests need separate attention. Their protection can continue while unoccupied, subject to the federal notification and waiting-period rules.
We review the work area before recommending a survey so the method matches the actual site.
Schedule 1 Species: Year-Round Protection
Under the MBR 2022, 18 species have nests protected at all times, even when unoccupied. Species that occur in the GTA include:
Pileated Woodpecker
36 months unoccupied after registry notice
Great Blue Heron
24 months unoccupied after registry notice
Great Egret
24 months unoccupied after registry notice
Green Heron
24 months unoccupied after registry notice
Black-crowned Night Heron
24 months unoccupied after registry notice
We assess Schedule 1 species that could reasonably occur based on habitat and range. If a protected nest is found, we advise on the federal notification and waiting-period process.
Serving Toronto & the Greater Toronto Area
We provide nest clearance surveys across the entire GTA with next-day availability.
Regional & Conservation Overlays
Properties near woodlands or conservation areas may need additional permits beyond your city's tree bylaw.
Not sure what applies? Contact us and we'll sort out the jurisdictions.
Match the assessment timing to the project
Nest Clearance Survey FAQ
Common questions about nest clearance requirements in Ontario
When is an active-nest survey appropriate?
A survey may be appropriate when tree removal or vegetation clearing cannot avoid a period of elevated nesting activity, or when a permit, contract, or environmental plan specifically requires one. The right approach depends on the habitat, species likely to be present, project scope, and timing.
What legislation protects migratory bird nests?
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. Provincial species protections may also apply.
How long can survey findings be relied on?
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.
What does the survey involve?
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.
What are Schedule 1 species?
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.
What happens if a nest is found?
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. In many cases, work can continue in other areas of the site while the nest is active.
Is tree work automatically clear outside spring and summer?
No fixed date range creates an automatic exemption. 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.
What are the penalties for disturbing a nest?
Federal penalties depend on the offence, prosecution route, offender type, and prior convictions. A violation can also stop work and delay a project. The practical goal is to plan the work so protected birds, eggs, and nests are not harmed.
How quickly can you schedule a survey?
We offer next-day availability across the Greater Toronto Area. We coordinate with the project team so any site assessment occurs close enough to the planned work to remain useful under the applicable project protocol.
What areas do you serve?
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.
Have another question? Contact us or call (647) 479-8778
Related Services
Tree Removal Reports
Municipal-ready arborist reports for tree removal permit applications across the GTA. Where a project also has a documented migratory-bird assessment condition, we coordinate the two scopes.
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Tree preservation and protection plans for construction and development projects.
Learn More →Request a quote
Tell us about your property and an ISA Certified Arborist will follow up with next steps and a firm quote.
- Free consultation, same-day response.
- Municipal-ready report delivered in 2 business days.
- Independent assessment. No tree-removal sales, no conflict of interest.
Serving Toronto, the GTA, and across Southern Ontario.
ISA Certified Arborist · ISA Member · ISA Ontario Member · ASCA Member