This is a concern that has been raised with me just recently. The Species at Risk Act is one piece of legislation, but the federal government has more powers, under both the Fisheries and Oceans Act and the Migratory Birds Convention Act.
What if there is incidental take of, say, a piping plover that accidentally decides to nest on the side of a lake where there's a cattle pasture? What if a herd of cattle goes walking through there and destroys the habitat and the nests? What type of penalty might be faced? Or are there going to be regulations on incidental take that would allow in the process some of these things that are quite accidental? Because with migratory birds, you never know where they're going to land.