Two Quebecers convicted of violating the Migratory Birds Regulations by destroying the nests of endangered Bank Swallows

January 31, 2024 – Mont-Joli, Quebec – Environment and Climate Change Canada

On January 30, 2024, Sébastien Pouliot and Yves Thibeault were ordered to pay $60,000 and $5,000 respectively, by the Court of Quebec, at the Mont-Joli Courthouse. The individuals pleaded guilty to one count each of violating the Migratory Birds Regulations under the Migratory Birds Convention Act, 1994. The charges stem from actions that led to the disturbance and destruction of Bank Swallow nests. The fines will be directed to the Government of Canada's Environmental Damages Fund.

In June 2022, following a report received from the public, Environment and Climate Change Canada enforcement officers opened an investigation into the destruction of Bank Swallow nests near the Mont-Joli airport in Quebec. The officers then discovered that Sébastien Pouliot and Yves Thibeault had destroyed Bank Swallow nests between May 20 and June 15, 2022, while working on a mound of earth where a Bank Swallow colony was nesting. In so doing, they committed an offence under paragraph 6(a) of the Migratory Birds Regulations, punishable under the Migratory Birds Convention Act, 1994.

Quick facts

• Bank Swallow populations in Canada have declined by 98 percent in the last forty years.
• Bank Swallows nest in burrows dug into exposed earth, primarily on the banks of ponds and rivers, but also in sand pits and quarries and at some construction sites where vertical embankments of earth are found. To reduce the risk of damaging or destroying a Bank Swallow nest, it is recommended that persons conducting work near potential nesting areas avoid scheduling excavation or construction activities during the spring and summer nesting season.
• The Bank Swallow is a protected species under the Migratory Birds Convention Act, 1994 and its Regulations. It is also a threatened wildlife species protected under the Species at Risk Act.
• The Migratory Birds Regulations have been updated and the new Regulations came into force on July 30, 2022.
• Created in 1995, the Environmental Damages Fund is a Government of Canada program administered by Environment and Climate Change Canada. The Fund directs monies received from fines, penalties, court orders, and voluntary payments to projects that will repair environmental damage or benefit the environment. The Fund aims to invest in areas where the environmental damage occurred.  

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