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Off-leash dogs run afoul of the law in Greater Victoria sanctuaries

83 warnings and a dozen fines totalling $6,000 handed out since enforcement began for Greater Victoria in 2022

It's a warm spring day and kids can be seen playing in the sand, the park is filled with schoolchildren partying in anticipation of year’s end, a pair of small dogs on leash head for home in the distance, and a gaggle of geese gather not far from where a pair volleys a ball back and forth.

Not an unusual day, and one that demonstrates the fine balance of commingling uses on the shores of Cadboro Bay in Saanich – one government agencies continue to struggle to manage.

The shoreline is home to a multitude of birds – varying greatly depending on season – and for more than a century has been part of a federal bird sanctuary that stretches along much of Greater Victoria’s coast.

Environment and Climate Change Canada oversees the region’s three sanctuaries: Victoria Harbour, established in 1923, Shoal Harbour and Esquimalt Lagoon, both established in 1931.

When first implemented, each represented concern about over-hunting. While that’s not the issue today, protection of the wildlife in the areas continues to be a concern, says Ken Brock, manager of protected areas and stewardship at Environment Canada.

“These are still pretty special places for birds,” he said.

Coastal areas are important for wildlife and are used by birds for migration stopovers, wintering sites, and breeding, foraging and roosting locations. The south Island is a place of rest before crossing the Strait of Juan de Fuca, a key reason Rocky Point Bird Observatory documents so many species.

“They’re just funnelling through the southern end of Vancouver Island,” Brock said.

While hunters are no longer a concern, humans remain a consideration. To protect migratory bird populations this nesting season, Environment Canada is raising awareness about the rules for dogs in the sanctuaries.

Spurred by resident concerns, the agency started looking at the interactions and balance in 2020 – breaking down the sanctuaries into 28 smaller study areas. The presence, composition and abundance of birds were summarized from existing data. As species that occur near the shoreline are considered to be at higher risk of dog disturbance, the study focused on shoreline-associated species, including shorebirds, great blue heron, terns, gulls and certain waterfowl.

The resulting report notes that since its establishment, the region has undergone extensive change. Large population centres surround the protected spaces, and human usage has surged – particularly by dogs and their owners – with negative consequences for wildlife.

The study was spurred as more and more reports came in of dogs at large, and calls for enforcement. Work done with municipalities adjacent to the sanctuaries, and the community groups such as Friends of Caddy Bay, Friends of Shoal Harbour and the Esquimalt Lagoon Stewardship Initiative have proved valuable.

To start, Environment Canada kicked off a signage campaign to “rationalize where dogs were allowed off leash so there’s no confusion.”

Because confusion did exist, with some areas designed off-leash contrary to sanctuary prohibitions.

“That was the gist to make it really, really clear for folks, this is what’s expected,” Brock said. “You can’t say you didn’t know.”

Since Jan. 1 2022, when enforcement and in-person education began, patrolling officers have issued 83 written and verbal warnings and a dozen citations totalling $6,000 in the Victoria Harbour Migratory Bird Sanctuary. Fine revenue is credited to the Environmental Damages Fund administered by Environment Canada and used to support projects that benefit Canada’s natural environment, usually in the area where the violation occurred. Humans could face fines of $400 or more per violation while reoffenders face penalties of $1,200 or more. Penalties for violations such as obstruction are more severe. 

The three most common offences enforcement officers see are: allowing dogs to run at large; allowing a dog to capture, kill, harass or disturb a migratory bird or its nest; and obstructing an enforcement officer.

When encountered, people will often sing the common refrain, “There are no birds”, as a reason to let pets roam off leash.

“We get that people want to take their dogs out and enjoy nature. All we’re asking is to keep your dog on a leash,” Brock said. “If there were fewer dogs there, especially dogs off leash, you’d see way more birds, especially herons.”

Common issues include flushing and displacement, reduced forage time, triggering anti-predator behaviour, increased alertness and the opposite – habituation. Leashing dogs doesn’t stop bird disturbance, but it does limit it.

Brock sees it as a balance, “a way to connect urban Canadians to nature and to raise the awareness of what a fabulous place we live in. What better way than just to recognize we have these gems right here?”

The data is clear, Brock said, that a dog, on or off leash, will have an impact. But to achieve that balance, they ask owners to keep dogs on the line.

Nesting season is critical, all times of the year are important for different species and reasons.

“The one that scares me the most is herons and that’s why Cadboro Bay is so important. Because herons are listed under the Species At Risk Act. They’re a special concern species.”

That means it’s more than just against the sanctuary rules, it’s also an offence to damage or endanger a listed species at risk.

“The data show that there’s going to be disturbance, the data show a decrease in use. It’s hard to quantify the impact of that on fitness because there are other areas they could go. But this is a special area (and) we should see more here,” Brock said.

“Take your dog to the beach, enjoy the nature we have here, be grateful for it, please keep your dog on a leash.”

Residents can report possible violations to Environment and Climate Change Canada via email at enviroinfo@ec.gc.ca or by phone 1-800-668-6767.

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About the Author: Christine van Reeuwyk

I'm a longtime journalist with the Greater Victoria news team.
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