Species at Risk Act: A Guide
National Library of Canada
cataloguing in publication data
Main entry under title : Species at Risk Act, A Guide
Text in English and French on inverted
Title on added t. p.: Loi sur les espθces en pιril, un guide
ISBN 0-662-67439-1 Cat. no. CW66-225/ 2003
1. Endangered species Law and legislation Canada.
2. Biological diversity conservation Law and legislation Canada.
3. Nature conservation Law and legislation Canada. I. Canadian Wildlife Service.
II. Title: Loi sur les espθces en pιril, un guide.
KE5210. G85 2003 346.7104'69522 C2003-980195-0E
Photo credits :
Cover background photo and page 14 Garry oaks ecosystem © Katie Stewart, 2002
Small photo, cover, first left and page 17 Woodland caribou: © Reproduced with permission
Newfoundland and Labrador Legacy Nature Trust. Photo: Geoff Goodyear
Small photo, cover, second from right and page 10 Blazing Star Liatris. Reproduced with
permission © Photo: P. Allen Woodliffe
Small photo, cover, second from left, title page Humpback Whale (Megaptera novaeangliae). © Corel Corporation
Small photo, cover, far right and page 5 Newfoundland marten © Reproduced with permission
Heritage Foundation for Terra Nova National Park. Photo: Vidcraft Productions
Page iii Humpback Whale (Megaptera novaeangliae). © Corel Corporation
Page 1 Burrowing owl © Reproduced with permission Photo: Ray Poulin
Page 11 Burrowing owl © Reproduced with permission Photo: Troy Wellicome
Page 12 American ginseng (Panax quinquefolius) © Ministθre de l'environnement du Quιbec.
Photo: Roger Larose
Disclaimer
This document has been prepared for convenience of reference only, and has no official sanction. Official or more detailed information can be found in the legal text of the Species at Risk Act, available on the Government
of Canada's Species at Risk Act Public Registry at: www.sararegistry.gc.ca
Top of page
Message from the Ministers
The Species at Risk Act (SARA) is a major step towards protecting species at risk and their habitats in Canada. The Act is designed as a key tool for the conservation and protection of Canada's biological diversity and fulfills a key
commitment under the United Nations Convention on
Biological Diversity.
Science tells us that we are all connected in an ecosystem and
that the biodiversity of our ecosystem is essential to its health
and survival. It is a source of grave concern when species
become extinct at a rate that outstrips nature's usual rhythms. Normally, worldwide, we would expect
to lose a species every 1000 years. Estimates of current extinction rates suggest that, globally, we are
now losing one to three species per day.
The loss of species is a warning light, signaling possible problems ahead for all species. As we learn more about what a species needs to survive, the strategies to ensure survival become clear. Protecting habitat-the places where species live, where they reproduce, where they feed -is essential. Protecting
species from the effects of pollution, from over-harvesting and poaching, and from alien invasive species
is essential. Finding ways to do this can be challenging, but with the approval of the Species at Risk Act,
we are headed in the right direction.
Ultimately, the success of the new law will depend on people and their willingness to act to make sure
that all species at risk survive. Cooperation and stewardship are key to conserving species and will
require that governments, Aboriginal peoples, conservation organizations, landowners, resource users
and other interested Canadians work together.
Imagine a Canada without burrowing owls, killer whales, whooping cranes, leatherback turtles, Atlantic
whitefish, or small white lady's slippers. Imagine a Canada without the many hundreds of other species
also protected by the Act. What can you do to make sure they are here in the future? A good first step is
to find out more about the Species at Risk Act.
We all share the challenge of protecting Canada's wildlife species at risk.
David Anderson
Minister of the Environment
Robert Thibault
Minister of Fisheries and Oceans
Sheila Copps
Minister of Canadian Heritage
Back to the top
Milestones
- 1978 The Committee on the Status of Endangered Wildlife in Canada (COSEWIC)
began assessing wildlife species and classifying their chances of survival.
- 1988 The Wildlife Ministers' Council of Canada established RENEW, or the committee
on the Recovery of Nationally Endangered Wildlife.
- 1992 Canada signed the United Nations Convention on Biological Diversity and commits to protect endangered and threatened wildlife.
- 1996 The federal, provincial and territorial governments endorsed the Accord for the
Protection of Species at Risk, agreeing to develop laws and programs that would
work together to protect species at risk and their habitat throughout the
country.
- 1999 COSEWIC adopted updated criteria based on the criteria developed by the
International Union for the Conservation of Nature to assess and classify
wildlife species at risk.
- 2000 Budget 2000 committed $180 million over five years for a national strategy for
species at risk.
- 2000 The Habitat Stewardship Program for Species at Risk became operational.
- 2002 The Species at Risk Act was passed by Parliament.
- 2003 Budget 2003 committed $33 million over two years for implementation of the Species at Risk Act. This amount was in addition to the $180 million allocated in
Budget 2000.
- 2003 Two-thirds of the Species at Risk Act came into force. Sections 1, 134 to 136 and
138 to 141 of the Species at Risk Act came into force on March 24. Sections 2 to 31, 37 to 56, 62, 65 to 76, 78 to 84, 120 to 133 and 137 came into force on June 5.
- 2004 The remaining sections of the Act (32 to 36, 57 to 61, 63, 64, 77, and 85 to 119)
come into force on June 1.
Back to the top
Introduction: The Need for a Law
Concern about the loss of wildlife in Canada is not new. Aboriginal peoples, scientists, farmers, ranchers, fishers and people with an interest in the natural world have noticed and
documented the disappearance of certain plants
and animals from some areas for some time.
Perhaps a key moment in public awareness of the
risk and tragedy of species extinction occurred
when it became known in the 1950s that only 22
migratory whooping cranes remained in the
world. Luckily, these large and majestic birds,
which breed and raise their young in the
Northwest Territories, were saved from
extinction and by 2002 the migratory whooping
crane population had grown to 185 birds. While
on the precarious road to recovery, whooping
cranes remain listed as an endangered species in
Canada and the United States.
Unfortunately, whooping cranes are not the only
species in danger of disappearing. For over 25
years, a cross-country committee of Canadian
scientists and species experts has been tracking
the decline of wildlife species, and assessing the
species in danger of extinction.
The Species at Risk Act provides a framework for
actions across Canada to ensure the survival of
wildlife species and the protection of our natural
heritage. It sets out how to decide which species
are a priority for action and what to do to protect
a species. It identifies ways governments,
organizations and individuals can work together,
and it establishes penalties for a failure to obey
the law.
SARA is one of several federal, provincial,
territorial, and international laws that all share
the goal of protecting wildlife species. These laws
have become necessary to help ensure that
species survive and biodiversity is maintained.
The Species at Risk Act builds on and
complements existing wildlife legislation. It is
one component of a three-part Strategy for the
Protection of Species at Risk that also includes
the Habitat Stewardship Program and the
federal-provincial-territorial Accord for the
Protection of Species at Risk.
The Species at Risk Act is being brought into force
through a phased approach. This approach is
described in detail in Appendix 1.
Back to the top
A Focus on Cooperation, Consultation and Stewardship
Certain themes run through the Species at Risk Act as it sets out how to protect wildlife species and ensure their survival:
- cooperation among governments
- consultation with people affected by a SARA-related action or decision
- stewardship
- information, and
- on-going review.
At every step of the way, SARA requires federal
cooperation and consultation with provincial and
territorial governments; Aboriginal peoples,
landowners and resource users. SARA also
supports stewardship and community
conservation efforts.
Federal / provincial / territorial governments at work together
The protection of wildlife species is a concern for
the federal, provincial and territorial levels of
government. That is why governments endorsed
the Accord for the Protection of Species at Risk in
1996, agreeing to work together on legislation,
programs and policies to protect wildlife species
at risk throughout Canada.
Six provinces Nova Scotia, New Brunswick,
Quebec, Ontario, Manitoba, and Newfoundland
and Labrador have specific legislation to protect
species at risk. Several provinces have amended
existing wildlife laws to deal explicitly with
species at risk, while other provinces and
territories are working on developing legislation.
By cooperating together, federal, provincial and
territorial governments can use the most effective
ways to protect wildlife at risk, wherever the
vulnerable animal or plant is found.
Working with Aboriginal peoples
Traditionally, Aboriginal peoples have been
closely connected to the land, hunting, fishing
and harvesting plants to live. SARA recognizes
the knowledge and experience of Aboriginal
peoples and requires consideration of Aboriginal
traditional knowledge when COSEWIC assesses a
species, and cooperation and consultations with
Aboriginal peoples that will be affected by a
recovery strategy, action plan, or management
plan or critical habitat protection measures.
A National Aboriginal Council on Species at Risk,
required under SARA, will advise the Minister of
the Environment on the administration of the Act
and will make recommendations to the Canadian
Endangered Species Conservation Council.
Consultation and cooperation with Aboriginal
peoples are key to protection of wildlife species
and to the effective implementation of SARA in
land claims settlement regions, on reserve lands,
and where traditional harvesting activities are
carried out.
The Canadian Endangered Species Conservation
Council
The Canadian Endangered Species Conservation
Council is comprised of provincial and territorial
government ministers who are responsible for
the conservation and management of wildlife
and the three federal ministers responsible for
Environment, Canadian Heritage, and Fisheries
and Oceans. The Council coordinates federal,
provincial and territorial government activities
relating to the protection of species at risk and
provides general direction on the activities of the
Committee on the Status of Endangered Wildlife
in Canada (commonly known as COSEWIC) and
the preparation of recovery strategies and action
plans. The Council must be consulted on a
number of SARA matters to ensure the successful
coordination of species recovery efforts among
governments.
Stewardship
Stewardship refers to the wide range of voluntary
actions that people are taking to care for the
environment. Activities range from monitoring
and conserving wildlife species and the places
where they live, to protecting and improving
the quality of soil, water, air and other natural
resources. These types of conservation activities,
particularly those that protect habitat, are
essential to the recovery of species at risk. They
are also important in preventing other species
from becoming at risk.
Cooperation is the key to making stewardship
successful. Federal, provincial and territorial
governments encourage action by providing
scientific information and technical assistance, as
well as economic incentives. Non-governmental
organizations help private landowners and
concerned citizens to identify and implement
effective stewardship activities. Many other
people are involved, including resource users,
fishers, ranchers, farmers, Aboriginal
organizations, educational institutions, and
community organizations.
As part of the National Strategy for the Protection
of Species at Risk, the federal government
established the Habitat Stewardship Program for
Species at Risk. The program became operational
in 2000 and allocates up to $10 million per year
to projects to conserve and protect species at risk
and their habitats.
The program has been highly successful to date.
It has protected nearly 60,000 hectares of habitat
for species at risk, enhanced more than 195,000
hectares, reduced threats to hundreds of
individual species at risk, and reached more than
400,000 Canadians. With a $10 million annual
investment in its second year, the program has
levered an additional $21 million in support
from partners and worked with Canadians to
protect species at risk habitat worth more than
$92 million.
Everyone can contribute to efforts to protect
Canadian wildlife species at risk through
participation in local community stewardship
programs.
Back to the top
Three Federal Ministers Have Responsibilities Under the Act
Three federal Ministers are responsible for the administration of SARA:
- The Minister of Fisheries and Oceans is responsible for aquatic species at risk;
- The Minister of Canadian Heritage (through the Parks Canada Agency) is responsible for individuals
of species at risk found in national parks, national historic sites or other protected heritage areas;
- The Minister of the Environment is responsible for all other species at risk, and is also responsible
for the administration of the Act.
SARA refers to these three ministers as "competent ministers" and gives them the authority to make decisions in their areas of responsibility and requires them to consult with each other on specific
SARA-related matters.
Back to the top
The Process for Protecting a Species at Risk
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COSEWIC assesses and classifies a wildlife species: extinct; extirpated; endangered; threatened;
special concern; data deficient; or not at risk.
COSEWIC provides its report to the Minister of the Environment and the Canadian Endangered
Species Conservation Council, and a copy is included in the Public Registry.
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Minister of the Environment indicates how he or she intends to respond to a COSEWIC
assessment within 90 days.
Within nine months of receiving the COSEWIC assessment, the Governor in Council makes a
decision about whether or not to add the species to the List of Wildlife Species at Risk. If no government action is taken, the species is automatically added.
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When a species is on or added to the List of Wildlife Species at Risk
extirpated, endangered or threatened species and their residences have:
- Immediate protection on federal lands (except for those species in the territories that
go through the safety net process described below)
- Immediate protection if they are an aquatic species
- Immediate protection if they are a migratory bird
- Protection through a safety net process if they are any other species in a province or territory.
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For all species included on the List of
Wildlife Species at Risk on June 5, 2003:
- a recovery strategy must be prepared
within three years for endangered
species and within four years for
threatened species or extirpated species
- a management plan must be prepared
within five years for a special concern
species.
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For all species added to the List of Wildlife
Species at Risk after June 5, 2003:
- a recovery strategy must be prepared
within one year for endangered
species and within two years for
threatened or extirpated species
- a management plan must be prepared
within three years for a special
concern species.
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Recovery strategies and action plans, which must include the identification of critical habitat for the species, if possible, and management plans are published in the Public Registry. The public
has 60 days to comment on these documents.
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Five years after a recovery strategy, action plan or management plan comes into effect,
the competent minister must report on the implementation and the progress toward
meeting objectives.
12.
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The Pathway to a SARA Listing
The law protects the plants and animals included in the List of Wildlife Species at Risk. Species are put on the list as a result of the work of the scientists and conservationists who are
members of COSEWIC. The Committee has
been meeting for over 25 years to assess the
status of species found in Canada. Under
SARA, COSEWIC will continue to provide
scientific assessments of the status of species.
The Government, through the Governor in
Council, will decide which species are added
to the List in SARA, as such action could result
in serious economic or social implications.
233 species were included in Schedule 1 of the
Species at Risk Act when Parliament passed the
Act in December 2002. COSEWIC had already
reassessed these species as at risk using new
updated assessment criteria and current
information. With the coming into force of the
Act in June 2003, Schedule 1 becomes the initial
List of Wildlife Species at Risk.
After June 5, 2003, the Governor in Council will
follow the process set out in SARA to add a
species to the List of Wildlife Species at Risk or
change its status on the List. This is the listing
process:
- COSEWIC assesses the biological status of a
species using the best available information on
the biological status of the species. It reviews
research, considers community and Aboriginal
traditional knowledge, and applies strict
assessment criteria established by COSEWIC
and based on criteria developed by the
International Union for the Conservation of
Nature.
- COSEWIC sends its assessment of the species
to the Minister of the Environment. The
assessment and the reasons for it are also
posted in the Public Registry.
- The Minister of the Environment has 90 days
to publish, in the Public Registry, a report on
how the Minister intends to respond to the
COSEWIC assessment and, to the extent
possible, provide time lines for action.
- Within nine months of receiving the COSEWIC
assessment, the Governor in Council must
decide whether or not to add the species to
the List of Wildlife Species at Risk. Or, it can
ask COSEWIC for more information.
- If the Governor in Council does not make a
decision within nine months of receiving the
COSEWIC assessment, the species is added by
order to the List of Wildlife Species at Risk,
according to the COSEWIC assessment.
SARA also currently includes 39 endangered or
threatened species in Schedule 2 and 103 species
of special concern in Schedule 3. These species are
those that COSEWIC has added to its list over the
past 25 years, but, as of the end of 2001, had yet to
reassess with its updated criteria and current
information. Once done, these reassessments will
be sent to the Minister of the Environment who
will follow the listing process set out above.
Emergency listings
SARA provides a way for the government to take
immediate action to add a wildlife species to the
List in an emergency. When the Minister believes
that there is an imminent threat to the survival of
a wildlife species, the Minister must recommend
to the Governor in Council that the species be
added to the List of Wildlife Species at Risk as an
endangered species. The Minister must consult
with the Minister of Fisheries and Oceans and the
Minister of Canadian Heritage before making the
recommendation. If the species is added to the
List, COSEWIC will be asked to prepare a status
report on the species within one year.
Back to the top
List of Wildlife Species at Risk
SARA lists 233 species that are to be protected with the coming into force of the new law. The List of Wildlife Species at Risk set out in Schedule 1 of SARA includes:
17 extirpated species
-
wildlife species that no longer exist in the wild
in Canada, but exist elsewhere in the wild
105 endangered species
-
wildlife species that are facing imminent
extirpation or extinction
68 threatened species
- wildlife species that are likely to become
endangered species if nothing is done to
reverse the factors leading to their extirpation
or extinction
43 species of special concern
- wildlife species that may become threatened or
endangered species because of a combination
of biological characteristics and identified
threats
Back to the top
Actions to Protect SARA Listed Species
Immediate species protection
SARA makes it an offence in sections 32
and 33 to:
- kill, harm, harass, capture or take an
individual of a listed species that is
extirpated, endangered or threatened;
- possess, collect, buy, sell or trade an
individual of a listed species that is
extirpated, endangered or threatened,
or its part or derivative;
- damage or destroy the residence of one or
more individuals of a listed endangered or
threatened species or of a listed extirpated
species if a recovery strategy has
recommended its reintroduction.
The federal government has responsibility for:
- federal lands
- aquatic species, and
- migratory birds covered by the Migratory
Birds Convention Act, 1994.
Federal lands are lands owned by the federal
government, such as national parks, lands used
by the Department of National Defence, reserve
lands and most of the land in the three territories.
Clearly, one of the first steps in implementing the
new law is for the federal government to make
sure its operations respect SARA and protect
listed species.
The federal government's responsibility for listed
aquatic species and for birds covered by the
Migratory Bird Convention Act, 1994, means that
once the SARA prohibitions in sections 32 and 33
are brought into force in June 2004, they will
apply immediately to these species wherever
they are found, and to all listed species on federal
lands. Listed species in the territories (except for
aquatic species, migratory birds or species on
land under the authority of the competent
ministers) will go through the process described
below.
For other listed species, the provinces and
territories are given the first opportunity to
protect them through their laws. If the province
or territory does not act, SARA has a "safety net".
The Governor in Council, on the recommend-ation
of the Minister of the Environment, may
order that the prohibitions in sections 32 and
33 apply for a given species in a province or
territory. The Minister must make a recommend-ation
if, after consultation with the provincial or
territorial minister, the Minister finds that
the species or its residence is not effectively
protected.
Emergency orders
SARA provides authority for the government to
take emergency action to protect a listed species
or its habitat. When the competent minister
believes that a listed wildlife species is facing
imminent threats to its survival or recovery,
the competent minister must recommend to the
Governor in Council that an emergency order be
issued to prohibit activities that may adversely
affect the species or its habitat.
Project review
Projects that require an environmental assessment
under an Act of Parliament will have to take into
account the project's effects on listed wildlife
species and their critical habitats. The assessment
must include recommendations for measures to
avoid or reduce adverse effects and plans to
monitor the impact of the project, if it goes ahead.
The project plan must respect recovery strategies
and action plans. SARA prohibitions still apply.
Recovery strategies
The competent minister must prepare recovery
strategies for listed extirpated, endangered or
threatened species. It falls to the Minister of
Fisheries and Oceans, for example, to make sure
that recovery strategies are prepared for listed
fish and other aquatic species. The Minister of
Canadian Heritage (through the Parks Canada
Agency) leads on recovery strategies for listed
species found mainly in national parks and other
heritage sites. The Minister of the Environment
is responsible for preparing recovery strategies
and action plans for all other species listed as
extirpated, endangered or threatened. When
there is more than one competent minister for a
species, they work together in preparing recovery
strategies and action plans.
The ministers, however, do not work in isolation.
Rather, they are responsible for bringing together
people, organizations and governments with an
interest in the species. Many people are to be
involved in recovery teams or consulted during
the development of a recovery strategy, including
other affected federal government ministers,
provincial or territorial governments when
the species is found in their area, wildlife
management boards, Aboriginal organizations,
landowners and other people likely to be affected
by a recovery strategy.
Recovery teams use the information gathered
by COSEWIC to begin developing a recovery
strategy. The recovery strategy sets out the
population goal and objectives and broad
approaches to respond to the known threats to
the survival of the species, identifies the species'
critical habitat, if possible, and sets time lines for
the preparation of an action plan or action plans.
Recovery measures should not be postponed
even if there is a lack of full scientific certainty.
However, a competent minister may decide that
the recovery of a species is not feasible. In that
case, the recovery strategy must include a
description of the species and its needs, an
identification of its critical habitat and the
reasons why recovery is not feasible.
Recovery at work
The wood bison is found in the Yukon,
Northwest Territories, British Columbia and
Alberta. It was assessed as an endangered species
in 1978 but its status has improved through
recovery efforts and it has been upgraded now
to a threatened species. Recovery efforts have
included monitoring of ecosystems and herd
populations, establishing a long-term
management program with rural and Aboriginal
communities, breeding wood bison in captivity
and then re-introducing them to the wild,
controlling disease among captive and wild
populations, and regulating private bison game
farming.
A proposed recovery strategy must be prepared
within one year of listing for an endangered
species and within two years of the listing for
a threatened or extirpated species, with the
exception of species on the initial List at the
time Schedule 1 came into force on June 5, 2003.
Existing plans relating to a listed wildlife species
may be adopted by the competent minister as the
proposed recovery strategy for the species.
A proposed recovery strategy is posted in the
Public Registry and the public has 60 days in
which to send the competent minister written
comments. A final recovery plan is then prepared
and posted in the Public Registry. Every five
years, the competent minister must report on the
implementation of the recovery strategy and post
the report in the Public Registry.
Action plans
Action plans implement recovery strategies by
identifying:
- measures to achieve the population objectives
for the species
- activities that would destroy the species'
critical habitat
- ways to preserve unprotected critical habitat,
and
- methods to monitor the recovery of the species
and its long-term viability.
Action plans also evaluate the socio-economic
costs of the action plan and the benefits of its
implementation. As with recovery strategies,
they are developed through consultation and
cooperation with people likely to be affected by
the action plan and they are published in the
Public Registry, with the public having 60 days
to comment. Five years after a plan comes into
effect, the competent minister must report on its
implementation, including its ecological and
socio-economic impacts.
A recovery strategy for a species may result in
one or several action plans and the plans may
change as more data are collected.
Existing plans relating to a listed wildlife species
may be adopted by the competent minister as the
proposed action plan for the species.
Transitional provisions for species included
in the List of Wildlife Species at Risk at the time
Schedule 1 came into force on June 5, 2003:
endangered species = three years to
prepare a recovery strategy
threatened and extirpated species =
four years to prepare a recovery strategy.
Recovery strategies and the action plans
implementing them may take an ecosystem or
multi-species approach when appropriate.
A competent minister may make regulations as
necessary to put the action plan into effect on
federal lands and with respect to aquatic species
and migratory birds covered by the Migratory
Birds Convention Act, 1994.
Management plans
Management plans are developed for species
of special concern in much the same way as
recovery strategies are developed for endangered,
threatened and extirpated species, through broad-based
consultations and cooperative efforts and
an opportunity for public input.
A management plan sets out measures for the
conservation of a species and its habitat. A plan
must be developed within five years for species
of special concern included in the List of Wildlife
Species at Risk at the time Schedule 1 came into
force on June 5, 2003. Thereafter, when a species
of special concern is added to the List of Wildlife
Species at Risk, a management plan must be
developed within three years.
Existing plans relating to a listed wildlife species
may be adopted by the competent minister as the
proposed management plan for the species.
A competent minister may make regulations as
necessary to put the management plan into effect
on federal lands and with respect to aquatic
species and migratory birds covered by the
Migratory Birds Convention Act, 1994.
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The Protection of Critical Habitat
The decline in the population of a species can often be explained by a loss of habitat. It is therefore essential to recovery efforts to identify habitat that is critical to a species' survival or
recovery and to find ways to protect it.
How can all the places wild animals need to live,
feed, breed and raise their young be protected?
How can all the places wild plants need to live
and propagate be kept safe? The key to
preserving critical habitat is through information,
education and stewardship programs.
By providing landowners ranchers, farmers,
fishers, cottagers, resource corporations,
industries, governments, and others with
information about species at risk found on their
properties and explaining what actions destroy
critical habitat and what actions can help to
preserve it, landowners can make informed
decisions about what they do on their land.
For example, the Eastern Loggerhead Shrike is an
endangered songbird with a hawk-like beak that
needs grasslands or pasture lands for feeding and
breeding. Avoiding major disturbances, such as
pesticide application around nesting areas between
April and August, and pasturing cattle nearby to
maintain the short grass the birds need can help
the last 40 breeding pairs of this species mate and
raise their young. Stewardship programs can
provide support for volunteer teams and free
materials to fence suitable pastures so that farmers
can use them for their cattle a benefit to both the
farmer and the endangered bird!
SARA's intent is to protect critical habitat as much
as possible through voluntary actions and
stewardship measures. The federal government
has established the Habitat Stewardship Program
to assist in such actions. If these measures do not
protect the critical habitat, prohibitions against
destruction of critical habitat come into play.
The law therefore requires that within 180 days of
the identification of critical habitat in a finalized
recovery strategy or action plan, critical habitat on
federal lands or for aquatic species must be
protected through stewardship arrangements, or
under another Act of Parliament.
If not, the critical habitat offence in section 58
applies. The offence prohibits the destruction of
the critical habitat of endangered and threatened
species found on federal lands and the critical
habitat of aquatic species. The offence also applies
to the critical habitat of extirpated species that
have been recommended for reintroduction
within the terms of a recovery strategy. An order
by the competent minister is required before the
offence in section 58 can apply.
As well, regulations to protect critical habitat by
directing what can and cannot be done on federal
lands may be put in place if critical habitat
remains unprotected and, in the opinion of the
competent minister, requires protection.
When critical habitat, other than that referred to
above, is located on private or provincial lands
and is not protected through stewardship
arrangements, conservation agreements, or
provincial or territorial laws, SARA has another
"safety net". As set out in section 61, the
Governor in Council, on the recommendation of
the Minister of the Environment, may make it an
offence to destroy critical habitat in a province or
territory. The Minister must make a recommend-ation
if, after consultation with the provincial or
territorial minister, the Minister finds that the
critical habitat is not effectively protected.
Information about what is being done to protect
unprotected critical habitat must be published in
the Public Registry every six months until the
critical habitat is protected or no longer needs to
be protected.
Compensation
Sometimes, the cost of conserving a species at
risk has to be shared by everyone in Canada.
The Minister of the Environment may provide
fair and reasonable compensation to someone
who has a loss as a result of an extraordinary
impact of the prohibition against the destruction
of critical habitat, or of an emergency order to
protect habitat. Regulations will set out the
details of how to apply for compensation.
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Enforcement
The SARA approach is to encourage species protection through voluntary actions and supported stewardship activities. However, the law also creates offences and sets penalties for
committing these offences.
The following are the range of penalties for
a person or corporation found guilty of a
SARA offence:
Summary conviction offence (less serious) :
- Corporation a fine of up to $300,000 for each
offence
- Non-profit corporation up to a $50,000 fine for
each offence
- Individual up to a $50,000 fine and/ or a prison
term of up to one year for each offence.
Indictable offence (more serious):
- Corporation up to a $1,000,000 fine for each
offence
- Non-profit corporation up to a $250,000 fine for
each offence
- Individual up to a $250,000 fine and/ or a
prison term of up to five years for each
offence.
Depending on the severity of the alleged offence
and other factors, SARA offences can be
prosecuted as indictable or summary conviction
offences.
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Permitted Activity and Exceptions
Agreements, permits and licences allow someone to do something that would otherwise be a SARA offence. The following activities may be allowed as long as measures are
taken to minimize the impact, and the activities
do not jeopardize the survival or recovery of the
species:
- scientific research about the conservation
of the species done by a qualified person
- an activity that benefits the species or
enhances its chances of survival in the wild
- an activity whose effect on the listed species
is incidental.
For example, a scientist may be allowed to
handle and tag an endangered species so that its
movements can be tracked. Or, water flow could
be diverted in a marsh to improve habitat for
listed species in the area, although this might
disturb some individuals of the species in the
short-term. Or, fishermen may be given a permit
allowing the by-catch of endangered or threatened
fish under certain circumstances.
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Public Access to SARA Material - The Public Registry
SARA also makes some exceptions to allow
actions for the protection of human health, plant
or animal health, national security or the
recovery of a listed species.
SARA requires the Minister of the Environment to post SARA-related documents and decisions on a Public Registry. The web-based Public Registry will include SARA regulations
and orders; recovery strategies, action plans and
management plans; COSEWIC classification
criteria; COSEWIC status reports; the SARA List
of Wildlife Species at Risk; annual reports on the
administration of SARA; and other SARA
documents.
You can access the Public Registry through the
web site: www.sararegistry.gc.ca
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Opportunities for Public Input
SARA also has specific ways that people with concerns about a species at risk can follow-up.
- Anyone may apply to COSEWIC for an
assessment of the status of a wildlife species.
- Anyone who considers that there is an
imminent threat to the survival of a wildlife
species may apply to COSEWIC to assess the
threat for the purpose of having the species
listed as endangered on an emergency basis.
- Anyone may provide the competent minister
with written comments on a proposed
recovery strategy, action plan or management
plan for a wildlife species. The comments
must be sent to the competent minister within
60 days after the proposed recovery strategy,
action plan or management plan is posted on
the Public Registry.
- Any resident of Canada who is over 18 years
old may ask the competent minister to
investigate whether a SARA offence has been
committed. The person making the request
must sign the request under oath or
affirmation and provide information about the
alleged offence.
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An On-Going Review
Here are some of the built-in reviews required by SARA:
- COSEWIC must review the classification of a species at least once every ten years.
- The competent minister must report on the
implementation of a recovery strategy every
five years until recovery has been achieved or
is no longer necessary.
- The competent minister must report on the
implementation of an action plan and its
ecological and socio-economic impacts five
years after the plan came into effect.
- The competent minister must monitor the
implementation of management plans for
species of special concern every five years
until its objectives have been met.
- The Minister must report on the steps taken
to protect unprotected critical habitat every
six months until the critical habitat is protected
or the area is no longer identified as critical
habitat.
- The Minister of the Environment must report
to Parliament every year on the administration
of SARA.
- Once every two years, the Minister of the
Environment must host a roundtable, inviting
people with an interest in the topic to provide
advice on the protection of species at risk in
Canada.
- Every five years, the Minister of the
Environment must report to Parliament on
the status of wildlife species.
- In 2008 five years after section 128 came into
force on June 5, 2003 a committee of
Parliament must conduct a review of SARA.
All these reviews and reports will be published
in the Public Registry.
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Where to Get More Information
Call: Environment Canada's Inquiry Centre
1-800-668-6767
Write to: enviroinfo@ec.gc.ca
Visit the site: www.speciesatrisk.gc.ca or
www.sararegistry.gc.ca
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Glossary
Action plan A document that sets out specific
ways to put a recovery strategy into effect.
Competent minister The Minister of Fisheries
and Oceans is the competent minister for listed
aquatic species. The Minister of Canadian
Heritage (through the Parks Canada Agency) is
the competent minister for listed species found
in national parks, national historic sites and other
national protected heritage areas. The Minister of
the Environment is the competent minister for all
other listed species and for the overall
administration of the law.
COSEWIC Committee on the Status of
Endangered Wildlife in Canada.
Critical habitat The habitat that is necessary for
the survival or recovery of a listed species and
that is identified as the species' critical habitat
in a recovery strategy or action plan.
Endangered species A wildlife species that is
facing imminent extirpation or extinction.
Extirpated species A wildlife species that no
longer exists in the wild in Canada, but exists
elsewhere in the wild.
Governor in Council The Governor General of
Canada acting on the advice of the Queen's Privy
Council for Canada (i. e., Cabinet)
Public Registry A website where SARA-related
documents are available for public information
and review. www.sararegistry.gc.ca
Recovery strategy A document prepared by the
competent minister in cooperation and
consultation with other governments, wildlife
management boards, Aboriginal organizations,
landowners and others who are likely to be
affected by the strategy. It identifies the
population goal and objectives, and broad
recovery approaches to abate threats.
Residence A dwelling-place, such as a den, nest
or other similar area or place that is occupied or
habitually occupied by one or more individuals
during all or part of their life cycles, including
breeding, rearing, staging, wintering, feeding
or hibernating.
Species of special concern A wildlife species
that may become a threatened or an endangered
species because of a combination of biological
characteristics and identified threats.
Threatened species A wildlife species that is
likely to become an endangered species if nothing
is done to reverse the factors leading to its
extirpation or extinction.
Wildlife management board A board or other
body established under a land claims agreement
that is authorized by the agreement to perform
functions in respect of wildlife species.
Wildlife species A species, subspecies, variety or
geographically or genetically distinct population
of animal, plant or other organism, other than a
bacterium or virus, that is wild by nature and is
native to Canada or has extended its range into
Canada without human intervention and has
been present in Canada for at least 50 years.
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A Quick Guide to SARA
| Subject |
Section |
| Definitions of terms used in the law | 2 |
| Statement of purpose | 6 |
| Conservation agreements | 11 |
| COSEWIC | 14 26 |
| Listing | 27 31 |
| General Prohibitions | 32 36 |
| Recovery strategies | 37 46 |
| Action plans | 47 55 |
| Critical habitat protection | 56 63 |
| Compensation | 64 |
| Management plans (species of special concern) | 65 72 |
| Agreements and permits | 73 78 |
| Emergency orders | 80 82 |
| Exceptions | 83 -84 |
| Enforcement | 85 119 |
| Public Registry | 120 124 |
| Fees and charges | 125 |
| Reports and review of the Act | 126 -129 |
| |
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Appendix 1 Species at Risk ACt: A Phased Approach
When Parliament passes a law, the law rarely comes into force immediately. Usually, the date the law comes into force is some time in the future. This gives the government time to put all
the necessary policies, programs, and regulations
in place and to ensure that Canadians understand
the law, including their rights and responsibilities.
Sometimes, a law comes into force in phases,
with different sections of the law taking effect at
different times. This is important as it can help to
ensure smooth delivery of a new law and more
effective policy and program development.
Adopting a phased approach can also provide
the time necessary to carry out the additional
consultation and dialogue with those who will
be most affected by new legislation.
The Species at Risk Act (SARA), which was passed
by Parliament on December 12, 2002, is coming
into force in three phases.
Phase 1 March 24, 2003
The first parts of SARA to come into force
made changes to other related federal laws.
SARA sections 134 to 136 and 138 to 141 set
out amendments to the Canada Wildlife Act,
the Migratory Birds Convention Act, 1994,
and the Wild Animal and Plant Regulation of
International and Interprovincial Trade Act. These
amendments came into force on March 24, 2003.
Phase 1: sections 1, 134 to 136 and 138 to 141 are
in force as of March 24, 2003.
Phase 2 June 5, 2003
As of June 5, 2003, two-thirds of the SARA
sections are in effect. SARA's emphasis is on
consultation, stewardship, cooperation and
providing people with information about the law.
The sections in force as of June 5, 2003 are central
to this approach, promoting the protection of
species at risk through collaborative efforts.
The SARA offences will not come into effect
until Phase 3.
As of June 5, 2003:
- The Minister of the Environment will be
required to establish a National Aboriginal
Council on Species at Risk. The Aboriginal
Council will advise the Minister and the
federal-provincial-territorial Canadian
Endangered Species Conservation Council.
- The Minister of the Environment may establish
a stewardship action plan creating incentives
to support voluntary stewardship actions
taken by any government, organization or
person.
- Conservation, administrative, land acquisition,
and funding agreements to protect wildlife
species may be made with provincial and
territorial governments, wildlife management
boards, organizations and individuals.
- The Committee on the Status of Endangered
Wildlife in Canada (COSEWIC) will become
legally constituted, and will continue to assess
and classify wildlife species following the
SARA framework.
- A comprehensive listing process for species at
risk is established. The Governor in Council
has 9 months after receiving a COSEWIC
species assessment to make a decision on
whether a species is listed, or else the species
is listed according to COSEWIC's assessments.
Species may also be listed on an emergency
basis.
- Recovery strategies for endangered species
now on Schedule 1 (the initial List of Wildlife
Species at Risk) must be prepared by June 5,
2006 (within three years). Recovery strategies
for endangered species, added to the List of
Wildlife Species at Risk after June 5, 2003,
must be prepared within one year of listing.
- Recovery strategies for threatened or
extirpated species now on Schedule 1 (the
initial List of Wildlife Species at Risk) must
be prepared by June 5, 2007 (within 4 years).
- Recovery strategies for threatened and
extirpated species added to the List of
Wildlife Species at Risk after June 5, 2003
must be prepared within two years' of listing.
- All SARA requirements for developing action
plans are in place.
- Management plans for species of special
concern now on Schedule 1 (the initial List of
Wildlife Species at Risk) must be prepared by
June 5, 2008 (five years). Management plans
for species of special concern, added to the
List of Wildlife Species at Risk after June 5,
2003, must be prepared within three years'
of listing.
- All consultation and cooperation requirements
for recovery strategies, action plans and
management plans are in place.
- The SARA rules for permits, licences and
exceptions from the prohibitions in SARA
are in place. They will be implemented when
the prohibitions come into force in June 2004.
- Any projects requiring an environmental
assessment under federal law that are likely
to affect a listed species or its critical habitat
need to identify the adverse effects, and, if
the project goes forward, steps must be
taken to avoid or lessen those effects and
to monitor them.
- Authority is provided for the Governor in
Council to make emergency orders respecting
listed species or its habitat.
- The Public Registry will provide public access
to documents that are to be made public under
SARA.
- An annual report on the administration of
SARA and other reports required by SARA
must be prepared.
- The definition of environmental effect in the
Canadian Environmental Assessment Act is
amended to include, in respect of a project,
any change that the project may cause to a
listed wildlife species, its critical habitat or
the residences of individuals of that species,
as those terms are defined in SARA.
Phase 2: sections 2 to 31, 37 to 56, 62, 65 to 76,
78 to 84, 120 to 133 and 137 are in effect as of
June 5, 2003.
Phase 3 June 1, 2004
The transitional stages for implementing SARA
will be complete on June 1, 2004 when the
remaining sections come into force. These sections
cover the SARA prohibitions, including critical
habitat protection, and enforcement of the law.
As of June 1, 2004:
- It is an offence to:
- kill, harm, harass, capture or take an
individual of a listed endangered,
threatened or extirpated species
- possess, collect, buy, sell or trade an
individual of a listed endangered,
threatened or extirpated species, or its
parts or derivatives
- damage or destroy the residence of
one or more individuals of a listed
endangered or threatened species, or a
listed extirpated species if a recovery
strategy has recommended its
reintroduction into the wild in Canada
These offences apply to:
- aquatic species
- migratory birds covered by the Migratory
Birds Convention Act, 1994
- all other listed endangered, threatened or
extirpated species on federal lands (except
those species in the territories that go
through the safety net process described
below)
They can also apply to:
- all other listed endangered, threatened
or extirpated species found in a province
or territory after discussions have taken
place with the province or territory and the
Governor in Council orders them to apply
in the province or territory; and
- species listed as endangered or threatened
by a provincial or territorial government
that are found on federal lands and the
Governor in Council orders them to apply
on those federal lands.
- Prohibitions against the destruction of critical
habitat come into play.
- When the critical habitat protection
requirements in SARA have an extraordinary
impact on someone, the Minister of the
Environment may provide fair and reasonable
compensation to the person for the losses.
- The enforcement measures come into force.
A person accused of a SARA offence can raise
the defence of "due diligence".
- Anyone who is a resident of Canada and
18 years of age or older can apply to the
competent minister for an investigation if he
or she believes that a SARA offence may have
been committed or something has been done
towards the commission of a SARA offence.
Phase 3: sections 32 to 36, 57 to 61, 63, 64, 77,
and 85 to 119 are in effect as of June 1, 2004
SARA is being put into effect in phases but, at
every step of the way, SARA will work because
of cooperation, consultation and the dedication
of people committed to the protection of species
at risk.
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