EllisDon Construction Services has been ordered to pay a mandatory minimum fine of $100,000 for disturbing migratory bird nests without a permit during the course of their work at the West Calgary Ring Road project site in June 2019.

On October 4, 2021, EllisDon was sentenced in the Provincial Court of Alberta in Calgary after pleading guilty to one count of violating section 6(a) of the Migratory Birds Regulations pursuant to the Migratory Birds Convention Act, 1994 (MBCA, 1994).

In addition to the fine, EllisDon has been ordered by the court to develop educational material on migratory birds for staff and subcontractors to review on‑site during staff orientation. The fine will be directed to the Government of Canada’s Environmental Damages Fund.

On June 10, 2019, a member of the public discovered bird boxes on the ground and heard chirping. After the bird boxes were reattached to fence posts, it was confirmed that Tree Swallows, a protected migratory bird species, were actively using seven of these nest boxes. Environment and Climate Change Canada (ECCC) enforcement officers responded to the complaint from a member of the public by conducting an inspection on an EllisDon worksite, which led to an investigation. During the site inspection, enforcement officers determined that approximately seven bird boxes had been taken down and subsequently reattached to the fence posts. The officers also observed several Tree Swallows flying around the site and accessing the bird boxes.

As a result of this conviction for disturbing migratory bird nests, the company’s name will be added to the Environmental Offenders Registry. The Registry contains information on convictions of corporations registered for offences committed under certain federal environmental laws.