Book 2, Tab C6 - Species at risk decision-making

On this page

• Species at Risk: A shared responsibility
• Purpose of SARA
• DFO’s SARA Decision-making role
• SARA decision making – Key phases
• Departmental support is informed by
• Considerations for decision making
• Current issues
• Annex A: SARA – Detailed process
• Annex B: External engagement mechanisms

Species at Risk: A shared responsibility

The Species at Risk Act (SARA, 2004) is administered by three core federal departments:

• Fisheries and Oceans Canada (DFO)
  • Manages aquatic species other than for those individuals found in Parks Canada-managed waters
• Parks Canada Agency (PCA)
  • Manages individuals of species found in or on the federal lands it administers
• Environment and Climate Change Canada (ECCC)
  • Manages all other species, including migratory birds
• The Ministers of these three departments are referred to as “competent ministers” for Species at Risk
• The Minister of Environment and Climate Change has overall responsibility for administration of the Act and is currently the competent Minister for PCA
• The Minister of Fisheries, Oceans and the Canadian Coast Guard shares responsibilities with the Minister of Environment and Climate Change if the aquatic species is found both inside and outside areas managed by PCA

Purpose of SARA

The purpose of SARA is to:

• Prevent wildlife species from becoming extirpated (no longer existing in the wild), endangered (facing extirpation or nearing extinction), or extinct (a species that no longer exists)
• Provide for the recovery of wildlife species that are extirpated, endangered, or threatened as a result of human activity 
• Manage species of special concern to prevent them from becoming endangered
  or threatened

DFO’s SARA Decision-making role

• Provide listing advice on aquatic species to ECCC for recommendations to the Governor in Council (GIC), which results in a decision whether the species should be listed for legal protection under SARA
• Approve recovery strategies, action plans, and management plans for aquatic species depending on the GIC listing decision
  • During the listing decision process, and following a Do Not List decision, the tools contained in the Fisheries Act and associated policies (e.g., the Precautionary Approach) and regulations (e.g., Fish Stocks Provisions) are used to protect and rebuild stocks
• Implement Critical Habitat Orders to prohibit activity which can lead to the destruction of listed species under the Act

DFO’s SARA activities:

• Participates in COSEWIC-led assessments
• Provides recommendations on listing and critical habitat protection advice to the Minister
• Implements and enforces protection and certain recovery measures applicable to listed aquatic species (e.g., Critical Habitat Orders and Prohibitions)
• Prepares recovery documents
• Implements recovery measures through science, collaboration with external stakeholders (i.e., Grants and Contribution programs), and management efforts
• Monitors and reports on progress of recovery/management activities

SARA decision making – Key phases

Assessment

Committee on the Status of Endangered Wildlife in Canada (COSEWIC – arms- length scientific assessment body) assesses species.

Listing

Three possible listing options:

• List
• Do not list
• Refer back to COSEWIC

The Minister of Environment and Climate Change makes all listing recommendations to the GIC.

The Minister of Fisheries and Oceans provides advice for aquatics to the Minister of Environment and Climate Change.

Recovery Planning

Recovery strategies, action plans, and management plans

The Minister is responsible for approving these recovery documents.

Protection

When a species is listed as threatened, endangered or extirpated, it becomes illegal to kill, or harm it. Critical habitats are also protected from destruction.

SARA has various protection tools (e.g. ministerial orders) based on the GIC listing decision

Reporting

SARA requires monitoring and reporting on the implementation of recovery documents every five years.

Departmental support is informed by:

DFO support for Species at Risk decisions

Science advice

Peer reviewed scientific information outlining status, and what is necessary to recover / conserve species

Consultations

A broad set of advisory processes to determine views on conservation and management efforts

• Includes Indigenous consultations: meaningful engagement on potential decisions

Legal advice

On the operation of the Act and court interpretations

Socio-economic considerations

Analysis of socio-economic impacts of species listing and protection activities, as well as the costs and benefits of stated recovery and protection measures

Tri-departmental policy

A suite of tools (some under development) for consistent approaches to the implementation of the Act for terrestrial and aquatic species

DFO policy

A suite of tools to guide on-the-ground implementation of the Act for aquatic species

Considerations for decision making

• DFO is responsible for the protection and conservation of aquatic species but also has responsibilities for regulating activities that may harm aquatic species (e.g., fishing) or fish habitat (e.g., hydro-electric)
• Constitutional division of powers makes the federal government responsible for “sea coast and inland fisheries”; however, overlap with provincial jurisdiction necessitates involvement from both orders of government (e.g., water use, forestry)
• Courts de factorequire ministerial orders for aquatic species’ critical habitat protection

Current issues

• Renewal of Nature Legacy funding to support ongoing Species at Risk Program operations at DFO
• Finalizing development and implementation of the Framework for Aquatic Species at Risk Conservation
• Responding to CESD audit recommendations on implementation of the Species at Risk Act, including addressing the backlog of species that require listing decisions

Annex A: SARA – Detailed process

Assessment

• COSEWIC, an independent committee of scientists and experts, assesses species as extinct, extirpated, endangered, threatened, of special concern, data deficient or not at risk.
• Within 90 days of receipt of the COSEWIC Annual Report, the Minister of Environment and Climate Change must publish a response statement

Listing

• Legal listing of a species occurs when it is added to Schedule 1 of SARA; this constitutes regulatory action
• Government must make one of the following decisions: list the species at the status assessed by COSEWIC; decide not to list; or, refer the assessment back to COSEWIC for further information or consideration
• Emergency Listing also possible

Recovery planning

• Recovery strategies are required for species listed as threatened, endangered, or extirpated
• Action Plans flow out of Recovery Strategies and must state proposed measures to implement the Recovery Strategy
• Management Plans contain measures for conservation of species of special concern

Protection

• Minister is required to protect the critical habitat of a threatened, endangered or extirpated species by triggering the prohibition against destruction
• Various tools such as prohibitions, Orders to protect critical habitat, and conservation agreements
• Emergency Orders also possible

Reporting

• SARA requires the Minister to assess and report on the implementation of Recovery Strategies and Management Plans every 5 years until their objectives are met or the species’ recovery is no longer feasible
• Reporting on Action Plans takes place only once, 5 years after implementation

Annex B: External engagement mechanisms

• Canadian Endangered Species Conservation Council (Legislative requirement)
• Federal, Provincial and Territorial (F/P/T) Ministers responsible for conservation and management of species at risk, including the Minister of Fisheries, Oceans, and the Canadian Coast Guard (led by Minister of ECC)
• Council has not met in recent years and gaps exist regarding the appropriate venue for F/P/T Ministers to discuss species at risk issues
• National Aboriginal Council on Species at Risk (Legislative requirement)
• Members include representatives from First Nations, Inuit and Métis communities
• Purpose: to advise the Minister on administration of the Act; and to provide advice and recommendations to the Canadian Endangered Species Conservation Council
• Multi-Interest Nature Advisory Committee (MINAC)
• Established by ECCC as an advisory body on 'nature' issues; to be comprised of a diversity of partners and stakeholders
• Purpose: to advise the Minister of ECC on their priorities/mandate commitments related to nature