Transcript Document
Bill C-5, Species at Risk Act November 2002 Environment Canada Environnement Canada 1 • Globally Wildlife at Risk – 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 Environment Canada Environnement Canada 2 Who Manages Wildlife in Canada? Migratory Birds (Migratory Birds Convention Act) All Other Species (Prov./Terr. Acts) Special Concern Environment Canada Environnement Canada Aquatic Species (Fisheries Act) 3 Threatened and Endangered Who Manages Habitat in Canada? Territories Provincial Crown Lands Other Federal Lands Marine Aquatic Areas Other Private Lands Municipalities Environment Canada Environnement Canada 4 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. Environment Canada Environnement Canada 5 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 Environment Canada Environnement Canada 6 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 Environment Canada Environnement Canada 7 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 Environment Canada Environnement Canada 8 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 Environment Canada Environnement Canada 9 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 Environment Canada Environnement Canada 10 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 Environment Canada Environnement Canada 11 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 Environment Canada Environnement Canada 12 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 Environment Canada Environnement Canada 13 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 Environment Canada Environnement Canada 14 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 Environment Canada Environnement Canada 15 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. Environment Canada Environnement Canada 16 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 Environment Canada Environnement Canada 17 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 Environment Canada Environnement Canada 18 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 Environment Canada Environnement Canada 19