1 Environment Canada Environnement Canada Bill C-5, Species at Risk Act November 2002

2 Environment Canada Environnement Canada Wildlife at Risk Globally –Up to 3 species lost per day –More than 5,000 animal species, nearly 34,000 plant species at risk In Canada, COSEWIC has assessed –402 species to be at risk or extinct –19 extirpated, 124 endangered, 100 threatened, 147 special concern –130 plants, 74 fish, 63 mammals, 56 birds

3 Environment Canada Environnement Canada Who Manages Wildlife in Canada?

4 Environment Canada Environnement Canada Who Manages Habitat in Canada?

5 Environment Canada Environnement Canada Cooperation and Stewardship Fundamental principles Complex jurisdiction requires cooperation among federal departments, provinces and territories, and Aboriginal peoples Multiple jurisdiction for habitat requires the same, plus stewardship by landowners, land users, resource users etc.

6 Environment Canada Environnement Canada Three-Part Federal Strategy for Protecting Species at Risk Accord for the Protection of Species at Risk unifies efforts of provinces, territories and federal government –Canadian Endangered Species Conservation Council Stewardship and incentive programs that empower Canadians to take conservation actions SARA is key pillar in strategy

7 Environment Canada Environnement Canada Progress of Bill C-5 More than 150 consultation sessions held across the country Ground-breaking involvement of Aboriginal peoples 40 sessions and 90 witnesses before the House Standing Committee on Environment and Sustainable Development Nearly 50 sessions in the House of Commons

8 Environment Canada Environnement Canada Purpose of the Act To prevent wildlife species from becoming extinct or lost from the wild and to secure their recovery Covers all wildlife species at risk nationally, their critical habitats and applies to all lands in Canada

9 Environment Canada Environnement Canada Ministerial Responsibility Minister of the Environment lead Minister, and accountable for overall administration of SARA Specific responsibility assigned to Heritage Minister for species managed by the Parks Canada Agency, and to Minister of Fisheries and Oceans for aquatic species Minister of Environment responsible for all other listed species

10 Environment Canada Environnement Canada Species at Risk Act Basic Elements Science based species assessment Legal listing process Immediate Species Protection Recovery and management planning Stewardship measures to protect critical habitat with prohibition as backstop Effective enforcement measures

11 Environment Canada Environnement Canada Science-Based Species Assessment Gives COSEWIC legal basis Independent, arm’s length expert status assessments Assessments provided to the Minister and CESCC and published Minister must indicate response within 90 days GIC has 9 months to make a decision on legal listing or else species is listed according to COSEWIC assessment 233 species on initial legal list at Proclamation

12 Environment Canada Environnement Canada Immediate Species Protection Automatic prohibitions against killing and destruction of residence for endangered, threatened and extirpated species that are aquatic species, migratory birds, or on federal lands Provinces and territories given first opportunity to protect others. If not protected, safety net approach means that federal prohibitions may be applied Emergency authority to prohibit destruction of critical habitat of a listed species facing imminent threats to its survival or recovery

13 Environment Canada Environnement Canada Recovery and Management Planning Mandatory recovery strategies and action plans for endangered, threatened and extirpated species Management plans for species of special concern Inclusive process of development and implementation Recovery strategies and actions plans must address identified threats to listed species and identify critical habitat Ministerial reporting on implementation every five years

14 Environment Canada Environnement Canada Stewardship Conservation agreements with any government, organization or person for measures to: –protect species at risk and their critical habitats –develop and implement recovery strategies, action plans and management plans –conserve wildlife species not at risk, to prevent them from becoming so Funding agreements to help cover cost of conservation actions

15 Environment Canada Environnement Canada Critical Habitat Protection Critical habitat is identified in recovery process Preferred approach to protecting critical habitat is stewardship Where voluntary measures do not adequately protect critical habitat, each jurisdiction to use its legislation Bill guarantees protection on federal lands and for aquatic species If other critical habitat is not protected by other federal or provincial legislation or voluntary measures, authority to apply prohibitions under SARA as a backstop

16 Environment Canada Environnement Canada Compensation Provision for compensation Restricted to losses suffered as a result of any extraordinary or unfair impact when necessary to prohibit destruction of critical habitat Authority to provide compensation implemented through regulations Regulations must be developed.

17 Environment Canada Environnement Canada Project Review Environmental assessments for projects required by an Act of Parliament will have to take into account the project’s effects on listed species and their critical habitats Measures must be taken to avoid or lessen those effects, and to monitor the results Amendment to the Canadian Environmental Assessment Act definition of “environmental effect” to include a listed species, its critical habitat or its residence as defined in SARA

18 Environment Canada Environnement Canada Public Involvement & Citizen Action Open and transparent process Public registry for documents relating to SARA, including COSEWIC’s criteria for and assessments of the status of species, its status reports on species, and regulations and orders made under SARA A right for citizens to apply to have a species assessed by COSEWIC; comment on proposed recovery strategies, action plans and management plans prior to their approval; and apply for an investigation into an alleged offence under the Act

19 Environment Canada Environnement Canada Enforcement Approach along the same lines as other federal environmental legislation –Strict liability offences –Due diligence defence Higher penalties for corporations versus individuals and non-profit organizations Close cooperation with other enforcement agencies