A Bird-Brained Law Delays Affordable Housing
- Oct 1, 2025
- 2 min read
Updated: Feb 26
In downtown Victoria, British Columbia, a 20-storey affordable housing tower has been delayed — not from financing, zoning, or community pushback, but from a seagull nest. The discovery of the nest during demolition stalled progress on much-needed housing thanks to Canada's federal Migratory Birds Convention Act, making it illegal to harm them, or active nests, with fines from $5,000 to $300,000.
This "bird brained" law doesn’t appear to distinguish between at-risk or vulnerable species and everyday urban scavengers. Seagulls are abundant, on rooftops, parking lots, beaches and garbage dumps across the country. Yet, under federal rules, their nests are treated with the same level of protection as those of truly endangered birds.
The result? Construction on the 158 rental apartments, 47 supportive units, a daycare facility and community space at 930 Pandora Avenue ground to a halt while BC Housing brought in biologists at extra cost to ensure the nest wasn’t harmed. This is just one of many examples of existing laws and too broadly applied red tape regulations that add construction costs, impacting urgent, affordable housing plans.
At a time when cities like Victoria are in the grip of a housing crisis, it’s hard not to question the priorities. Protecting wildlife matters, but does shielding a common bird’s nest in the middle of downtown make sense when people are struggling to find shelter? Environmental protections should focus on species that are actually at risk, not handcuff major housing projects over birds that thrive in every Canadian city. Until government policymakers revisit all the thousands of pages of laws and rules that homebuilders labour under, don’t be surprised if another gull sets back the housing solutions we desperately need.
Learn more by watching the video below. History shows us Canada built the most homes in the 1970s when red tape rules were reasonably contained in only a couple hundred pages.
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No wonder our affordable housing challenges are so acute! A bird-brained law indeed.