Species at Risk Act

The federal Species at Risk Act (“SARA”) was passed by Parliament in 2002 to prevent wildlife species from becoming extinct or lost from the wild, and to help in the recovery of species that are at risk as a result of human activities.  Although SARA is not yet in force (it will become law when the federal government passes regulations, probably in 2003), it is a crucial piece of environmental legislation, and we have decided to include these guide pages.  Check with Environment Canada about whether it has become law. 

The preamble to the SARA cites Canada’s international commitments, such as the UN Convention on the Conservation of Biological Diversity, as one among many reasons for the legislation.

Who is responsible for SARA?

SARA is administered by three separate federal government agencies:   

·         Parks Canada – For species in national parks, national historic sites or other protected heritage areas, responsibility lies with the Minister of Canadian Heritage who oversees Parks Canada.

·         Fisheries and Oceans Canada – The Minister of Fisheries and Oceans is responsible for aquatic species under SARA, including fish and marine plants.

·         Canadian Wildlife Service – The Minister of the Environment, through the Canadian Wildlife Service, is responsible for all other species.

Wildlife Species Listing Process

In order to receive any protection under SARA, a species must be listed under the Act as a species that is at risk.  Once this occurs a series of prohibitions and planning processes will kick in.  Until then, however, the Act provides no real protection. 

A species is “listed” under the Species at Risk Act through a two stage process: 

·         assessment and classification of the status of species by a team of wildlife experts known as the Committee on the Status of Endangered Wildlife in Canada (COSEWIC); and

·         a decision by federal Cabinet on whether to accept the assessment of COSEWIC.

COSEWIC is an independent scientific body.  It’s role is to assess and classify wildlife species using the best available scientific, community and aboriginal traditional knowledge.  Any person may apply to COSEWIC for an assessment of the status of a wildlife species, and the committee must make a determination within one year.

COSEWIC assessments will be published in the SARA public registry. SARA requires that the Minister of the Environment publish a response within 90 days, and the Governor-in-Council (federal Cabinet) has nine months to make a decision on whether to add the species to the legal list.  If there is no decision, the species will automatically join the legal list.  If Cabinet rejects the recommendations of COSEWIC it must set out a statement of its reasons in a public registry.

Types of Species under SARA

A species can receive the following classifications under SARA:

·         Extirpated Species:  a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild.

·         Endangered Species:  a wildlife species that is facing imminent extirpation or extinction.

·         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.

·         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.

In addition to these categories set out in SARA, COSEWIC also uses the following terms:

·         Extinct: A species that no longer exists.

·         Not at Risk: A species that has been evaluated and found not to be at risk.

·         Data Deficient: A species for which there is insufficient scientific information to support status designation

As soon as a species is added to the legal list, a number of binding provisions and planning processes take effect.  These provisions are discussed on the Guide’s page on SARA – Protection of Endangered Species. 

Public Involvement and the Species at Risk Act

The Species at Risk Act has several provisions for involving the public in order to achieve the objectives of protecting endangered species and their habitat.  These include opportunities for:

·         Applying to COSEWIC for an assessments of the status of a wildlife species, or imminent threats to a species.  If COSEWIC receives such an application, it must complete an assessment of the status of the wildlife species within 1 year, after which its assessment will be put forward to cabinet for a decision (as above).  In an emergency situation the member of the public may request that imminent threats to an endangered species be assessed, with a view to having the species listed on an emergency basis;

·         Providing input into recovery strategies, action plans and management plans.  See the Guide Page on planning processes under SARA for more information;

·         Applying to the minister for an investigation of an alleged offence.  The Act sets out that the Minister must respond to a request for an investigation.  If he or she will not investigate the offence, the Minister must notify the applicant of this decision within 60 days with reasons.  If an investigation occurs, the Minister must provide the applicant with a report outlining the results of the investigation. 

Related Guide Pages:

·         Species at Risk Act – Protection of Endangered Species

·         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