Species At Risk Act – Protection for Endangered Species

Once a species is “listed” as an endangered, threatened or at risk species under the Species at Risk Act (see the Guide Page on Listing Species under the Species at Risk Act), the Act provides for a range of prohibition and planning requirements aimed at protecting the species. 

General Prohibitions

Once listed, species at risk are protected by a number of prohibitions.  For example, it is an offence for any person to:

·         Kill, harm, harass, capture or take an individual of a listed species;

·         Possess, collect, buy, sell or trade an individual of a listed species; and

·         Damage or destroy the residence of an individual of a listed species.

The term “residence” means 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.

Protection of Critical Habitat

A key part of the Species at Risk Act is the protection of critical habitat.  It is an offence to destroy any part of the critical habitat of any listed endangered or threatened species, or extirpated species if a recovery strategy has recommended reintroduction of the species.  This provision applies to any critical habitat for aquatic species and migratory birds.  For other species, it ONLY applies to critical habitat that is on federal land. 

However, it may also apply to the critical habitat found on provincial or territorial land in certain circumstances.  This requires consultation with the province, a determination by the responsible Minister that the laws of the province or territory do not effectively protect the critical habitat, and approval by federal Cabinet.  In addition, the Minister may order that critical habitat be protected even on private land, although this will require compensation of the land owner. 

Planning for Endangered Species

The SARA requires the development of various types of plans.  As the federal government shares the responsibility of wildlife management with the province, the Species at Risk Act requires that recovery strategies, action plans and management plans must be prepared in cooperation with affected provinces, as well as aboriginal organizations, landowners and other affected parties. 

If the cooperative approach under the Act fails, the Government of Canada has the authority to require protection of critical habitat of species at risk, even on provincial or private land.  However, if private land is affected the government of Canada may have to compensate the private land owner for the costs of protecting the habitat.  The government is currently developing regulations that will set out how compensation should occur.

Recovery Strategy

If a wildlife species is listed as an extirpated species, an endangered species or a threatened species, a recovery strategy must prepared by the responsible agency.  A recovery strategy must include:

·         A description of the species and its needs;

·         Identification of the threats to the species;

·         Identification of critical habitat and a schedule of studies to identify it (i.e. the habitat which is necessary for the survival or recovery of a listed species);

·         A statement of the population and distribution objectives for recovery of the species;

·         Whether additional information is required about the species; and

·         When an “action plan” will be completed.

Action Plan

An action plan must also be prepared that:

·         Identifies the species’ critical habitat based on the best available information, and provides examples of activities that are likely to result in its destruction;

·         States the measures that are to be taken to protect critical habitat;

·         Identifies any portions of a species’ critical habitat that have not been protected;

·         States the measures to be taken to implement the recovery strategy, including the methods to be used to monitor the species and its long-term viability; and

·         Includes an evaluation of the socio-economic costs and benefits of the action plan.

Management Plans for Species of Special Concern

SARA requires that management plans be prepared for species that are not yet, but could become, threatened or endangered.  The plan must be prepared within 3 years of listing as a species of special concern, and must include measures for conservation of the species.  It may take a multi-species or ecosystem approach if the minister considers it appropriate to do so.

Public Input on Plans

Once filed in the registry, there is a 60-day public comment period for a recovery strategy, action plan or management plan.  During this period members of the public should forward any concerns or comments on the plan to the Minister.  Following the comment period, within 30 days the minister must consider the comments received, make the changes considered appropriate, and finalize the strategy or plan.

Emergency Orders

Recovery plans and action plans take some time to prepare and approve.  In order to provide for a species that faces imminent threats to its survival or recovery, SARA requires the minister responsible to recommend that federal Cabinet make an emergency order to protect the species. 

Stewardship Programs

In addition to legally required measures, the Species at Risk Act provides for stewardship action plans, which are programs that create incentives and other measures to support voluntary stewardship of species at risk.  Stewardship projects are underway across Canada, many of them funded by the Habitat Stewardship Program for Species at Risk, which is administered by the three agencies responsible for SARA.  Examples of stewardship projects range from providing a pathway under a highway to give amphibians a safe access to another part of their habitat, to comprehensive ecosystem approaches to cover multiple species.

Related Guide Pages:

·         Species at Risk Act (Listing)

·         Canada Wildlife Act

·         BC Wildlife Act

For more Information on the Species at Risk Act:

·         Electronic version of the Species at Risk Act.

·         Environment Canada’s Species at Risk web site

·         COSEWIC’s web site.

·         BC Government’s endangered species web site

·         BC Endangered Species Coalition web site