Order Amending Schedule 1 to the Species at Risk Act: SOR/2023-16

Canada Gazette, Part II, Volume 157, Number 4

Registration
SOR/2023-16 February 3, 2023

SPECIES AT RISK ACT

P.C. 2023-66 February 3, 2023

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Order Amending Schedule 1 to the Species at Risk Act under subsection 27(1) of the Species at Risk Act footnote a.

Order Amending Schedule 1 to the Species at Risk Act

Amendments

1 Part 1 of Schedule 1 to the Species at Risk Act footnote a is amended by striking out the following under the heading “Arthropods”:

2 Part 1 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “Arthropods”:

3 Part 2 of Schedule 1 to the Act is amended by striking out the following under the heading “Mammals”:

4 Part 2 of Schedule 1 to the Act is amended by striking out the following under the heading “Reptiles”:

5 Part 2 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “Plants”:

6 Part 2 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “Mosses”:

7 Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “Mammals”:

8 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading “Plants”:

9 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “Reptiles”:

10 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “Arthropods”:

11 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “Plants”:

Coming into Force

12 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

Biodiversity is rapidly declining worldwide as species become extinct. According to a recent report from an international panel of experts, an average of around 25% of species in assessed animal and plant groups are threatened. This suggests that around one million species already face extinction, many within decades. Unless measures are undertaken to reduce the intensity of drivers of biodiversity loss, further acceleration in the global rate of species is anticipated which is, according to the report, already at least tens to hundreds of times higher than it has averaged over the past ten million years.footnote 1 In the same report, the experts have also identified and ranked the five direct drivers of biodiversity loss and degradation with the largest relative global impacts so far. These drivers are, in descending order: changes in land and sea use, direct exploitation of organisms, climate change, pollution, and invasive alien species.

Canada, the second-largest country in the world and home to a large assortment of species, is not exempt from this global biodiversity crisis. According to the World Wildlife Fund (WWF), between 1970 and 2014, mammals declined by an average of 43%, grassland birds dropped by 69%, and the fish populations declined by 20% straight across Canada.footnote 2 With this rapid and steep decline in biodiversity, Canada is experiencing many adverse effects that are typically associated with habitat and species loss.

Biodiversity is positively related to ecosystem productivity, health and resiliencyfootnote 3 (i.e. the ability of an ecosystem to respond to changes or disturbances). Given the interdependency of species, a loss of biodiversity can lead to decreases in ecosystem function and services (e.g. natural processes such as pest control, pollination, coastal wave attenuation, temperature regulation and carbon fixing). These services are important to the health of Canadians, and also have important ties to the Canadian economy. Small changes within an ecosystem can lead to a loss of individuals and species resulting in adverse, irreversible and broad-ranging effects on Canadians.

Species that are at risk are afforded protections under the Species at Risk Act (SARA) when they are listed in Schedule 1 of SARA (the List of Wildlife Species at Risk). The Order Amending Schedule 1 to the Species at Risk Act (the Order) is based on the Minister of the Environment’s (the Minister) listing recommendations to the Governor in Council. It is needed to add or reclassify 13 species assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). Listing species at risk on Schedule 1 of SARA, and the associated protections triggered by listing, support not only the protection of the species, but also overall biodiversity and ecosystem productivity.

Background

Canada is a country with a rich natural environment that supports a large diversity of plant and animal species. This natural heritage is an integral part of its national identity and history. Wildlife is valued by Canadians for aesthetic, cultural, spiritual, recreational, educational, historical, subsistence, medical, ecological and scientific reasons. Canadian wildlife species and ecosystems are also part of the world’s heritage.footnote 4 The Department of the Environment (the Department) is mandated, among other things, to preserve and enhance the quality of the natural environment, including flora and fauna. Although the responsibility for the conservation of wildlife in Canada is shared among all levels of government, the Department plays a leadership role as federal regulator in order to prevent terrestrial species from becoming extinctfootnote 5 at the global scale or extirpatedfootnote 6 from Canada.

The primary federal legislative mechanism for delivering on this responsibility is the Species at Risk Act (SARA or the Act). The purposes of SARA are to prevent wildlife species from becoming extirpated from Canada or extinct; to provide for recovery of wildlife species that are listed as “extirpated,” “endangered” or “threatened”; and to manage species of special concern to prevent them from becoming endangered or threatened. In 2003, when SARA was first enacted, the official List of Wildlife Species at Risk (Schedule 1 of SARA) included 233 species. Since then, the list has been amended on a number of occasions to add, remove or reclassify species. As of September 2021, there are 640 species listed under Schedule 1.

In 2003, SARA established COSEWIC as an advisory body to, among other things, assess or reassess the status of wildlife species. The assessments are carried out in accordance with section 15 of SARA, which requires COSEWIC to determine the status of species it considers to be at risk and identify existing and potential threats to the species. COSEWIC members meet twice every year to review assessments of wildlife species and to classify those wildlife species as “extinct,” “extirpated,” “endangered,” “threatened,” “special concern,” “data deficient,” or “not at risk.”footnote 7

After COSEWIC has provided its assessments of species at risk to the Minister, the Minister has 90 days to post a response statement on the Species at Risk Public Registry (the Public Registry) indicating how the Minister intends to respond to the assessment and related anticipated timelines. The response statements outline the extent of the consultations on proposed changes to Schedule 1 of SARA.

Subsequent to the consultations and any further analysis carried out by Department officials, an order in council is published in the Canada Gazette, Part II, that formally acknowledges receipt of the COSEWIC assessments (an order in council acknowledging receipt of the COSEWIC assessments associated with the current Order was published in the Canada Gazette, Part II, on May 25, 2022footnote 8). This then triggers a regulatory process through an order whereby the Governor in Council (GIC) may, within nine months of receipt of the assessment, on the recommendation of the Minister,

If the GIC does not make a decision within nine months of the formal receipt of COSEWIC’s assessment, subsection 27(3) of SARA states that the Minister shall amend Schedule 1 according to those assessments.

In addition to recommending new additions to Schedule 1, COSEWIC may review the status of a previously assessed wildlife species and recommend a new classification for these species. Reclassification is important to ensure the designation is consistent with the latest available scientific information, allowing for better decision-making regarding the species in terms of its conservation prioritization. Species are up-listed when their status has deteriorated since their last assessment (e.g. through population decline). When the status improves, they can be down-listed or delisted to ensure that the species are protected according to the purposes of SARA while minimizing impacts on stakeholders and resources.

Prohibitions under SARA

Upon listing, wildlife species benefit from various levels of protection, depending on their status, as per the general prohibitions under sections 32 and 33 of SARA. Table 1 hereafter summarizes the various protections afforded to species at risk listed on Schedule 1 of SARA.

Table 1: Summary of protections offered to wildlife species and their residences immediately upon their addition to Schedule 1 of SARA
Species status Species protected by the Migratory Birds Convention Act, 1994 Aquatic species protected by the Species at Risk Act All other listed species protected by the Species at Risk Act
Special concern SARA’s general prohibitions for individual table a1 note a and residence table a1 note b are not applicable to species of special concern. SARA’s general prohibitions for individual and residence are not applicable to species of special concern. SARA’s general prohibitions for individual and residence are not applicable to species of special concern.
Threatened, endangered or extirpated SARA’s general prohibitions apply to all endangered, threatened and extirpated migratory birds listed in Schedule 1 of SARA and protected by the Migratory Birds Convention Act, 1994, anywhere they occur, including private lands, provincial lands and lands within a territory. SARA’s general prohibitions apply to all endangered, threatened and extirpated aquatic species listed in Schedule 1 of SARA, anywhere they occur, including private lands, provincial lands and lands within a territory. SARA’s general prohibitions apply to all endangered, threatened and extirpated species listed in Schedule 1 of SARA when found on federal lands table a1 note c in a province, or lands under the authority of the Minister of the Environment or the Parks Canada Agency in a territory.

Table a1 note(s)

Table a1 note a

As stated in subsection 32(1) of SARA, no person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, and under subsection 32(2), no person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual.

Return to table a1 note a referrer

Table a1 note b

As stated in section 33 of SARA, no person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species, or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada.

Return to table a1 note b referrer

Table a1 note c

As defined in section 2(1) of SARA, the term "federal land" means land that belongs to His Majesty in right of Canada, or that His Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land; the internal waters of Canada and the territorial sea of Canada; and reserves and any other lands that are set apart for the use and benefit of a band under the Indian Act, and all waters on and airspace above those reserves and lands.

Return to table a1 note c referrer

On non-federal lands, listed species that are not an aquatic species or a migratory bird protected by the Migratory Birds Convention Act, 1994 (MBCA) can only be protected under SARA by an order in council.footnote 9 The Minister of the Environment must recommend that such an order be made if the Minister is of the opinion that the laws of the province or territory do not effectively protect the species or the residences of its individuals.

Recovery planning for threatened, endangered or extirpated species

Listing a species as “endangered,” “threatened” or “extirpated” triggers mandatory recovery planning by the competent ministerfootnote 10 in cooperation with appropriate provincial or territorial governments, other federal ministers with authority over federal lands where the species is found, and wildlife management boards authorized by a land claims agreement, among others. If the recovery of the species is possible, the recovery strategy must address threats to the survival of the listed species, including any loss of habitat, and must include, among other things, the identification of the species’ critical habitat, to the extent possible, based on the best available information. Once a final recovery strategy has been posted on the Public Registry, the competent minister must then prepare one or more action plans based on the recovery strategy. Action plans are also prepared in consultation with the above-mentioned organizations and persons. SARA does not mandate timelines for their preparation or implementation; rather, these are set out in the recovery strategy.

Protection of critical habitat

Requirements under SARA for the protection of critical habitat depend on whether the species are aquatic, migratory birds protected under the MBCA, or other species, as well as whether these species are found on federal lands, in the exclusive economic zone, on the continental shelf of Canada or elsewhere in Canada. For migratory birds that are protected under the MBCA, their nests and nest shelters are protected against destruction throughout Canada.

When critical habitat or portions of critical habitat have been identified on federal lands, in the exclusive economic zone of Canada or on the continental shelf of Canada, SARA requires that it be legally protected within 180 days of its identification in a recovery strategy or an action plan. Protection can be achieved through provisions under SARA or any other Act of Parliament, including conservation agreements under section 11 of SARA.

Permits issued under SARA

Under section 73 of SARA, the competent minister may enter into an agreement or issue a permit authorizing a person to engage in an activity affecting a listed wildlife species, any part of its critical habitat, or the residences of its individuals. Permits are required by those persons conducting activities affecting species listed on Schedule 1 of SARA as “extirpated,” “endangered,” or “threatened,” that is, activities which contravene SARA general prohibitions, critical habitat orders or emergency orders. SARA sets out the factors that the Minister must consider before issuing a permit.

Management of species of special concern

The addition of a species of special concern to Schedule 1 of SARA serves as an early indication that the species requires attention. Triggering the development of a management plan at this stage enables the species to be managed proactively, maximizes the probability of its success, and is expected to avoid higher-cost measures in the future.

The management plan includes conservation measures deemed appropriate to preserve the wildlife species and avoid decline of its population. It is developed in cooperation with the relevant provincial and territorial governments, other federal government departments, wildlife management boards, Indigenous partners and organizations, and any appropriate stakeholders. The management plan must be posted within three years of the species being listed.

Objective

The objective of the Order Amending Schedule 1 to the Species at Risk Act (the Order) is to ensure that the various measures available under SARA to protect and recover species at risk, are applicable to the species that will be reclassified or added to the List of Wildlife Species at Risk (Schedule 1 of SARA) by this Order. The Order will also ensure that the names of species on the list reflect current terminology.

Description

The Order amends Schedule 1 of SARA by adding nine new species (see Table 2.1) to the List of Wildlife Species at Risk, by reclassifying three others (see Table 2.2) and by changing the scientific name of one species (see Table 2.3). A detailed description of each species, their ranges and threats can be found in the annex of this document.

Table 2.1: Species added to Schedule 1 of SARA
Taxonomy Species Scientific name Current status Proposed status Range
Mosses Dalton’s Moss Daltonia splachnoides None Endangered British Columbia
Carey’s Small Limestone Moss Seligeria careyana None Endangered British Columbia
Drooping-leaved Beard-moss Oxystegus recurvifolius None Endangered British Columbia
Vascular plants Hairy Paintbrush Castilleja tenuis None Endangered British Columbia
Dwarf Hesperochiron Hesperochiron pumilus None Endangered British Columbia
Columbia Quillwort Isoetes minima None Endangered British Columbia
Hairy Valerian Valeriana edulis ssp. ciliata None Endangered Ontario
Arthropods American Bumble Bee Bombus pensylvanicus None Special concern Ontario, Quebec
Yellow Scarab Hunter Wasp Dielis pilipes None Special concern Ontario
Table 2.2: Species reclassified in Schedule 1 of SARA
Taxonomy Species Scientific name Current status Proposed status Range
Mammals Peary Caribou Rangifer tarandus pearyi Endangered Threatened Northwest Territories and Nunavut
Reptiles Greater Short-horned Lizard Phrynosoma hernandesi Endangered Special concern Alberta, Saskatchewan
Vascular plants Goldenseal Hydrastis canadensis Threatened Special concern Ontario
Table 2.3: Species whose scientific name is changed
Taxonomy Species Scientific name Current status Proposed status Range
Arthropods Karner Blue Plebejus samuelis  table a4 note a Extirpated N/A Ontario

Table a4 note(s)

Table a4 note a

Scientific name change, currently listed in Schedule 1 of SARA as Lycaeides melissa samuelis.

Return to table a4 note a referrer

Regulatory development

Consultation

Under SARA, the independent scientific assessment of the status of wildlife species conducted by COSEWIC, and the decision made by the GIC to grant legal protection by listing a wildlife species under Schedule 1 of the Act, are two distinct processes. This separation guarantees that the panel of scientists may work independently when assessing the status of wildlife species and that Canadians have the opportunity to participate in the decision-making process of determining whether or not wildlife species will be listed under SARA.

The Government of Canada recognizes that the conservation of wildlife is a joint responsibility and that the best way to secure the survival of species at risk and their habitats is through the active participation of all those concerned. SARA’s preamble stipulates that all Canadians have a role to play in preventing the disappearance of wildlife species from Canada’s lands. One of the ways that Canadians can get involved is by sharing comments concerning the addition, reclassification, or removal of species to Schedule 1 of SARA. All comments received are considered by the Minister when making listing recommendations to the GIC.

The Department of the Environment began initial public consultations with the posting of the Minister’s response statements in the Public Registry within 90 days of receiving a copy of an assessment of the status of a wildlife species from COSEWIC. Indigenous Peoples, stakeholders, organizations, and the general public were also consulted by means of a publicly posted document titled Consultation on Amending the List of Species under the Species at Risk Act: Terrestrial Species.

The consultation documents provided information on the species, including the reason for their designation, a biological description and location information. They also provided an overview of the SARA listing process. These documents were distributed directly to over 3 300 individuals and organizations, including Indigenous Peoples and organizations, provincial and territorial governments, various industrial sectors, resource users, landowners and environmental non-governmental organizations (ENGOs) with an interest in a particular species.

Initial consultation results summary

Initial consultations with interested stakeholders and members of the public were summarized in the Regulatory Impact Analysis Statement (RIAS) of the proposed Order published in the Canada Gazette, Part I, on May 28, 2022.footnote 11

Public comment period following prepublication in the Canada Gazette, Part I

The proposed Order and accompanying RIAS were published in the Canada Gazette, Part I, on May 28, 2022, for a 30-day public comment period. Links to these documents were also posted on the Public Registry and a notice of the public comment period was sent to Indigenous Peoples and stakeholders.

The Department of the Environment received three comments on the proposed Order during the public comment period from one industry organization and two Indigenous groups. Both comments from Indigenous groups indicated that they have no concerns and/or comments at this time. The industry organization indicated that since species in this Order exist within range of, or on their properties or activities, they would like to remain on the stakeholder list, and to be consulted as part of any future recovery strategies.

Modern treaty obligations and Indigenous engagement and consultation

Modern treaty obligations

Section 35 of the Constitution Act, 1982 recognizes and affirms Aboriginal and treaty rights of Indigenous Peoples of Canada, including rights related to activities, practices, and traditions of Indigenous Peoples that are integral to their distinctive culture. As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted on the proposed Order.

The Order pertains to the addition, reclassification, and delisting of 12 species, one of which is found on federal lands in areas with modern treaties:

The Peary Caribou occurs on lands covered by the Nunavut Land Claims Agreement (NLCA) and the Inuvialuit Comprehensive Land Claim Agreement. As such, the Department of the Environment consulted with Indigenous partners on the proposed down-listing of the Peary Caribou from “endangered” to “threatened.” In March 2018, the Nunavut Wildlife Management Board (NWMB) took a decision to approve the listing of Peary Caribou as “threatened,” which was communicated to the Minister of Environment and Climate Change. In addition, four Indigenous organizations also provided their support for the amendment to Schedule 1 of SARA for this species. After careful analysis of relevant modern treaty provisions, it has been determined that the reclassification of the Peary Caribou from “endangered” to “threatened” is expected to have minimal impacts on treaty rights. The general prohibitions under SARA (sections 32 and 33) do not apply to settlement lands recognized under modern treaties, as they are not considered federal lands as per the definition under SARA. Also, considering that there will be no change in the application of SARA general prohibitions on federal lands associated with the reclassification of the Peary Caribou from “endangered” to “threatened,” no incremental impacts are expected for Indigenous Peoples.

Under SARA, the listing of a species as “threatened” or “endangered” requires the development of a recovery strategy and action plan. In the development of the recovery strategy, the Minister is required to cooperate with different parties as listed in paragraph 39(1)(c) of SARA, which include wildlife management boards established under land claim agreements. These boards must be consulted when making decisions and recommendations with respect to the recovery of species in their settlement areas. The recovery strategy must also be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement as per SARA subsection 39(2). As for the development of the action plan, similar obligations are applicable as per paragraph 48(1)(c) and subsection 48(2) of SARA.

In order to fulfill its modern treaty obligations, the Department will consult and involve First Nations and Indigenous organizations that are parties to these treaties in recovery planning for this species as well as the relevant wildlife management boards including the Nunavut Wildlife Management Board and the Wildlife Management Advisory Council.

Indigenous engagement and consultation

Canada has committed to a renewed, nation-to-nation relationship with Indigenous Peoples based on recognition of rights, respect, cooperation and partnership. In line with this commitment, the Department of the Environment is taking measures to have meaningful consultations with Indigenous Peoples and organizations in the interest of respect, cooperation and partnership. In parallel, discussions are taking place with interested Indigenous communities to determine the most appropriate approaches to consult with them.

The Department reached out to engage with Indigenous Peoples and organizations, as well as modern treaty holders, to enable those who could be impacted by the Order to state their views. In January 2017, the Department sent targeted emails and letters to Indigenous organizations and wildlife management boards inviting their comments on the proposed down-listing of the Peary Caribou from “endangered” to “threatened.” Please refer to the “Initial consultation results summary” section for more details on feedback provided by stakeholders. In January 2020, the Department sent targeted emails and letters to individual First Nations and Indigenous organizations, inviting their comments on the other species in the Order. The email or letter provided background information on the initiative and on the species to be listed/or reclassified with a focus on the ones that are known to occur in the Province/Territory where the First Nation reserve or Indigenous group is located. The notice also clarified the consultation approach and offered additional information sources on the listing and consultation processes for terrestrial species. In addition, the Department offered the opportunity to discuss the proposed Order further with individual First Nations and Indigenous organizations who requested it either through a phone discussion, teleconference or an in-person consultation session.

Comments were received during the 2017 extended consultation period regarding the Peary Caribou from three Indigenous organizations and two Hunters and Trappers Organizations, all of which supported the listing recommendations. In addition to the comments received from Indigenous organizations for Peary Caribou, one comment was received from Indigenous groups with respect to the remaining 12 species included in the proposed Order. They originate from the Shawanaga First Nation. The Shawanaga First Nation supported the listing of the American Bumble Bee as the species helps pollinate medicines that are sacred and important for the Anishinaabe community.

Most of the amendments included in this Order are not anticipated to result in any incremental costs to stakeholders and Indigenous Peoples as they are either “special concern” or a reclassification from an existing status that confer the same level of protection for the species.

Instrument choice

SARA stipulates that, after receiving an assessment from COSEWIC on the status of a wildlife species, the GIC may review that assessment and may, on the recommendation of the Minister of Environment,

The protection of species at risk is a shared responsibility between the federal government and the provinces and territories; therefore, the federal government has to respect their responsibilities to protect species on federal lands; or everywhere in Canada for migratory birds or aquatic species.

The Act includes sections that support voluntary stewardship approaches to conservation in collaboration with any other government, organization or person in Canada. While these sections could be used to generate positive outcomes for a species, the obligation for the Minister to make a recommendation to the GIC for a decision in respect of an assessment cannot be bypassed.

Regulatory analysis

This analysis presents the incremental impacts, both benefits and costs, of the Order. Incremental impacts are defined as the difference between the baseline scenario and the scenario in which the Order is implemented over the same period. The baseline scenario includes activities ongoing on federal lands where a species is found, and incorporates any projected changes over the next ten years that would occur without the Order in place.

An analytical period of ten years has been selected because the status of the species must be reassessed by COSEWIC every ten years. Costs provided in present value terms were discounted at 3% over the period of 2022–2031. Unless otherwise noted, all monetary values reported in this analysis are in 2020 constant dollars.

Overall, the Order is expected to benefit Canadian society. Protection of these species will preserve associated socio-economic and cultural values, which include option values, existence values, and values derived from services such as pest control and nutrient cycling. The costs associated with the Order are expected to be low; they are related to the development of recovery strategies, action plans and management plans, where applicable, as well as potential permit applications and compliance promotion.

Since critical habitat is only identified in a recovery strategy following the listing stage in Schedule 1 of SARA, the extent of critical habitat identification (and therefore related protection measures) is unknown at this time. As such, the analysis is based on the best available information at this stage.

Benefits and costs

Benefits

Under SARA, endangered, threatened and extirpated species benefit from the development and implementation of recovery strategies and action plans that identify the main threats to their survival, and, when possible, the habitat necessary to their survival and recovery in Canada. Species of special concern benefit from the development of a management plan, which includes measures for the conservation of the species. These documents enable coordinated action by responsible land management authorities wherever the species are found in Canada. Improved coordination among authorities increases the likelihood of species survival. This process also provides an opportunity to consider the impact of measures to recover the species and to consult with stakeholders and Indigenous Peoples. These activities may be augmented by projects from local governments, stakeholders and/or Indigenous Peoples to protect species and habitats, for example, through projects funded through the Habitat Stewardship Program,footnote 12 which requires support and matching funds from other sources. These projects enhance the Government of Canada and other stakeholders’ ability to understand and respond effectively to the conservation needs of these species and their habitats.

The “special concern” designation serves as an early indication that the species requires attention due to a combination of biological characteristics and identified threats. This helps manage the species proactively, maximizing the probability of success and preventing higher-cost measures in the future stemming from potential “threatened” or “endangered” designations. The incremental benefit of down-listing species to a “special concern” designation stems from management efforts that reflect the best available scientific information, as provided by COSEWIC. Such efforts ensure that the species are protected according to the purposes of SARA, with minimal impacts on stakeholders, Indigenous Peoples and government resources.

Cost savings stemming from down-listings

In this Order, the down-listing of the Greater Short-horned Lizard from “endangered” to “special concern,” and Goldenseal from “threatened” to “special concern,” will result in avoided costs since the development of action plans will no longer be required. This avoided cost to government is estimated at about $20,000 per species (undiscounted), for a total of $40,000 (undiscounted).

Since general prohibitions will no longer apply, for the two species mentioned above, there could also be avoided costs to stakeholder and Indigenous Peoples who will no longer need to apply for a permit or mitigate their practices to respect the prohibitions. No permit requests for either the Greater Short-horned lizard or the Goldenseal have been submitted since 2015. However, based on historical permit applications over the last ten years, there is the potential that five permits, including permits initiated by Indigenous Peoples, will no longer need to be requested by researchers over the next ten years for these specific species, amounting to cost savings of approximately $8,000 for applicants and $10,000 for the Government of Canada. However, stakeholders often bundle permit applications for multiple species (i.e. one permit for multiple species), which means that permit applications might not decrease as a result of the Order. Therefore, these potential costs savings are not taken into account.

Total economic value of species conservation

Preventing the extinction or extirpation of the species listed in this Order will likely result from a combination of the Order and additional protection measures undertaken by various levels of governments, stakeholders, and Indigenous Peoples. Such measures are an integral part of maintaining biodiversity in Canada and conserving Canada’s natural heritage, which in turn provides benefits to the Canadian society. The total economic value framework is often used to assess how environmental assets such as species at risk contribute to the well-being of society. Using this framework, the analysis found that the protection of the species listed in the Order is associated with maintaining and enhancing a variety of benefits for Canadians including socio-economic and cultural value, pest-control benefits, and nutrient cycling benefits. Although the expected benefits cannot be attributed to the Order alone, some information about the benefits that these species provide to Canadians is discussed hereafter for context.

Socio-economic and cultural values for Indigenous Peoples

Of the species recommended for listing, the Peary Caribou, the Hairy Valerian, the American Bumble Bee, and Goldenseal are significant to the ways of life of many Indigenous Peoples, providing social, cultural, and medicinal benefits. For many Indigenous communities, caribou have been one of the primary sources of food and nutrition. Consuming caribou meat and using other parts of the animal allows for avoiding costs of store-bought food and goods.footnote 13 The traditional caribou hunt supports social cohesion, and contributes to the preservation of Indigenous culture, languages and tradition.footnote 14,footnote 15 Finally, caribou are recurrent and central in Indigenous stories, songs, art and ceremonies.footnote 16

In multiple Indigenous communities, the Hairy Valerian has traditionally been eaten and used medicinally, although most documented uses are based on the related subspecies Edible Valerian.footnote 17 Some Indigenous groups celebrate the bumblebee through masks,footnote 18 artwork, images in totem poles, and through traditional dancefootnote 19 that has been revived in recent years.footnote 20 Goldenseal is used by Indigenous Peoples in tea to help alleviate ulcerated or inflamed mucous membranes.footnote 21

Pest control benefits

The Yellow Scarab Hunter Wasp provides pest control services by acting as a natural biological control agent against two species of Ten-lined June Beetles.footnote 22 The wasp acts as a parasite that lives externally on the beetles and eventually kills them.footnote 22 Ten-lined June Beetles are considered plant pests because they feed on the roots of native woody plants including willows, roses, sagebrush, and poplars.footnote 22 The beetle larvae can also be a significant agricultural pest to tree fruits such as apple and pear, and other food crops such as strawberries, potatoes, corn, cane fruits, and others.footnote 22 Therefore, the wasp can prevent the beetle larvae from being a significant agricultural pest.

Scientific and research value

Extracts of Hairy Valerian have been clinically documented to induce sleep and to relieve the spasms of involuntary muscles.footnote 23 Goldenseal has been found to naturally lower low-density lipoprotein (LDL) cholesterol levels.footnote 24 Although little research has been done on the effects of Goldenseal on human health, the plant is used for a variety of conditions including colds and other respiratory tract infections, allergic rhinitis (hay fever), ulcers, and digestive upsets.footnote 25 It is also used as a mouthwash for sore gums, as an eyewash for eye inflammation, and can be applied to the skin for rashes and other skin problems.footnote 25 The roots of Goldenseal are dried and used to make teas, extracts, tablets, or capsules.footnote 25

Nutrient cycling

Several of the species recommended for listing provide nutrient cycling benefits as a result of their diet, movement (including seasonal migration) and life cycle, playing important roles in keeping their ecosystem functioning, which in turn provide great benefits to Canadians. For example, caribou usually consume a diet rich in nitrogen and contribute to nutrient cycling via their droppings during seasonal migrations.footnote 26,footnote 27 In nutrient-poor environments, the Hairy Paintbrush may break down nutrients from less available forms for other organisms.footnote 28,footnote 29 Some lichens, like the White-rimmed Shingle Lichen and the Cryptic Paw Lichen, are nutrient-rich and can extract the nitrogen in the air to metabolize it or convert it into nitrogenous compounds (nitrates) in the soil.footnote 30,footnote 31 Nitrates are leached from both living and dead lichens and become available to plant life in the immediate areas.footnote 31

Existence value

Many people derive well-being from simply knowing that a species exists now and/or in the future. Although no quantitative estimates of the existence value of the specific species recommended for listing are available, related studies indicate that society places substantial value on vulnerable species, and especially charismatic, symbolic, or emblematic species.footnote 32,footnote 33,footnote 34 The caribou is a prominent example of an iconic Canadian wildlife species whose continued existence is valued by Canadians regardless of whether they will ever interact with the caribou directly.footnote 35,footnote 36 For instance, in a 2011 study, Alberta households surveyed were willing to pay, on average, approximately $206 per year for 50 years to ensure three self-sustaining Woodland Caribou herds, and approximately $371 per year for 50 years for 13 self-sustaining Woodland Caribou herds.footnote 37 Similar attitudes toward caribou conservation are likely to be shared, at least in part, by other Canadians toward the Peary Caribou.

Option value

The Canadian public and businesses may value the preservation of genetic information that may be used in the future for biological, medicinal, genetic and other applications.footnote 38 Several of the species recommended for listing are associated with such values (i.e. option values). For example, caribou, specifically their antlers and bone marrow, may have human health benefits.footnote 39,footnote 40 Genetic and genomic information could also be used to inform research on evolutionary history, ungulate (i.e. deer, moose and other wild large mammals with hooves) fitness and diseases (including resistance and susceptibility), and functional genomics.footnote 41,footnote 42

Costs

The costs associated with the species listings are expected to be low. These species were batched together in this Order, as opposed to the chronological order of publication of their latest COSEWIC assessment, specifically because a preliminary valuation analysis determined that listing them will impose minimal to no cost on stakeholders and/or Indigenous Peoples.

For each species, the analysis considered three types of incremental costs associated with the Order:

The analysis takes into account impacts expected to arise from general prohibitions as well as any future critical habitat protection order on federal lands, to the extent that information is available. Incremental critical habitat implications will only be expected for species newly listed as “endangered” or “threatened.” Due to the locations of the known occurrences of the newly listed species in this Order, except for Dalton’s Moss, critical habitat is unlikely to be identified on federal land and, as such, no future critical habitat protection orders are expected. At this time, all other occurrences are located on provincial lands (both provincial protected area and provincial Crown land) or private lands. If critical habitat is only identified at these locations, then no additional critical habitat protection order on federal land will be expected. However, search effort for these species is low. If locations on federal land are found in the future, additional critical habitat may be identified and more protection orders might be triggered.

Dalton’s Moss occurs within Gwaii Haanas National Park Reserve and therefore critical habitat will likely be identified at this location which will require a protection order. However, the land in Gwaii Haanas National Park already benefit from protections under the Parks Canada Agency. Therefore, no incremental impact from this future protection order is expected.

Each type of incremental cost of the Order is discussed below.

Costs to stakeholders and Indigenous Peoples

The listing of these species will have no incremental costs to stakeholders and Indigenous Peoples stemming from SARA’s general prohibitions other than from potential permit applications, detailed in the “Permit applications” section hereafter. This is explained by two elements: first, general prohibitions do not apply to species being listed or reclassified as “special concern”; second, for species listed as “threatened” or “endangered,” general prohibitions are triggered only for species found on federal lands, resulting in no new impacts on stakeholders and Indigenous Peoples when species are not known to occur on those lands.

Only one species affected by the Order is listed as “endangered” and found on federal lands: Dalton’s Moss, located on Parks Canada Agency (PCA) properties. Although SARA’s general prohibitions apply across PCA’s network of protected heritage places upon listing, species are already afforded similar protection in the national parks and national historic sites under the Canada National Parks Act. The only expected incremental cost to stakeholders as a result of the listing of the species occurring on the PCA properties is the potential cost of permit applications as discussed hereafter.

Administrative costs to the Government of Canada

As outlined in Table 3 hereafter, administrative costs to the Government of Canada differ depending on the listing category, as different categories trigger different reporting requirements.

Table 3: Types of listings and associated costs to the Government of Canada

Type of listing

SARA requirements

Estimated cost per species

New listing or reclassification as "special concern"

Development of a management plan

$10,000 to $15,000

Reclassification from "endangered" to "threatened" or vice versa

Updating recovery strategy and action plan

$3,000 to $10,000

New listing as "endangered," "threatened" or "extirpated"

Development of a recovery strategy and action plan

$20,000 to $25,000 per document

Species name change

Update documents

$3,000

Four species will be listed or reclassified as species of “special concern”: American Bumble Bee, Yellow Scarab Hunter Wasp, Greater Short-horned Lizard, and Goldenseal. For these species, the identification of critical habitat is not required. Efforts to recover these four species through the development of management plans are estimated to be between $10,000 and $15,000 per species. Therefore, the total undiscounted cost to the Government of Canada for these species is estimated to be between $40,000 and $60,000 (undiscounted) for all species in this group.

Seven species have been newly assessed by COSEWIC as “endangered”: Carey’s Small Limestone Moss, Dalton’s Moss, Drooping-leaved Beard-moss, Columbia Quillwort, Dwarf Hesperochiron, Hairy Valerian, and Hairy Paintbrush. Efforts to recover these species through the development of both recovery strategies and action plans are estimated to be between $40,000 and $50,000 per species. Therefore, the total undiscounted cost to the Government of Canada for these species is estimated to be between $280,000 and $350,000.

The reclassification of Peary Caribou from “endangered” to “threatened” will require updating the recovery strategy and action plan documents. The undiscounted costs to the Government of Canada for this process are estimated between $3,000 and $10,000.

One species, the Karner Blue, has been assigned a new name, but retains the same “extirpated” status. The total cost to the Government of Canada to update the recovery strategy to change the species name is estimated to be up to $3,000.

Among all the species identified in this listing, only Dalton’s Moss will require compliance promotion, with the estimated total cost of $3,000 in the first year.

No incremental enforcement costs to the Government of Canada are expected from the Order as only one species being listed as “threatened” or “endangered” is found on federal lands. Dalton’s Moss is found on PCA properties and as such, is already protected by the federal agency, therefore needing no additional enforcement effort.

Administrative costs related to Government of Canada permit review are discussed hereafter.

Permit applications

Permits will be required for activities that will be prohibited under SARA. Although no conclusions can be made on whether a permit could be issued prior to the submission of an application, this analysis takes into account the potential labour cost implications of permit application and review as a result of the Order. It is not certain that additional permit requirements will be triggered as a result of the Order but this analysis uses data on previously requested permits to make assumptions about the number of potential permit applications. Specifically, it is assumed that there may be one permit application per federal property with species occurrence, and one additional permit application for each PCA property. The permit applications will likely be for research or activities that benefit the species, and will be prepared by academic institutions or other research organizations (e.g. nongovernmental organizations, governments). The average costs related to permit applications under SARA are presented in Tables 4.1 and 4.2 hereafter.

Table 4.1: Permit applications costs — Costs to applicants
Type of permit application Cost per permit table b2 note a
Industry, including Indigenous Peoples (incidental take permit) $2,500
Industry (incidental take permit) — SARA compliant increment only table b2 note b $600
Researcher/scientist (research permit) $1,200
Researcher/scientist (research permit) — SARA compliant increment only table b2 note b $300
Parks Canada Agency (PCA) on PCA land / Environment and Climate Change Canada (ECCC) in a National Wildlife Area or a Migratory Bird Sanctuary $800

Table b2 note(s)

Table b2 note a

The estimates have been rounded.

Return to table b2 note a referrer

Table b2 note b

For properties that already require a permit under another Act of Parliament for an activity to take place (e.g. National Park, National Wildlife Area), there will be an additional cost to make the permit SARA compliant, which is estimated to be approximately a quarter of the effort of a new permit application (or about seven hours of the applicant’s time).

Return to table b2 note b referrer

Table 4.2: Permit applications costs — Administrative costs to the Government of Canada

Type of permit application

Cost per permit table b3 note a

New permit — ECCC

$3,000

SARA compliant increment — federal government

$700

Table b3 note(s)

Table b3 note a

The estimates have been rounded.

Return to table b3 note a referrer

Since there is only one species in the Order that is known to occur on a federal land, it is assumed that the Order could trigger up to two new permit applications: one from researchers and the other from PCA to authorize its projects within this national park.

For researchers, applying for SARA permits where a previous Canada National Parks Act permit was required may involve incremental costs of $300 per permit. As indicated in Table 4.1, PCA applicants that apply for SARA permits for projects within national parks assume a cost of up to $800 per species. Therefore, the total incremental cost to all applicants in the Gwaii Haanas National Park Reserve of Canada, and Haida Heritage Site is estimated at $1,100 (undiscounted). The total incremental costs to the Government of Canadafootnote 43 associated with the review of these two permit requests in the 10 years following the listing could be up to $1,400 (undiscounted).

Other costs

Implications for environmental assessments

There may be implications for projectsfootnote 44 required to undergo an environmental assessment by or under an Act of Parliament (federal EA). However, any costs are expected to be minimal relative to the total costs of performing a federal EA. Once a species is listed in SARA Schedule 1, under any designation, additional requirements under section 79 of SARA are triggered for project proponents and government officials undertaking a federal EA. These requirements include identifying all adverse effects that the project could have on the species and its critical habitat and, if the project is carried out, to ensure that measures are taken to avoid or lessen those effects and to monitor them. However, the Department of the Environment always recommends to proponents in EA guidelines (early in the EA process) to evaluate effects on species already assessed by COSEWIC that may become listed under Schedule 1 of SARA in the near future. Therefore, these costs are likely already incorporated in the baseline scenario.

Potential impacts of future SARA regulations

The listing of a wildlife species under SARA as “threatened,” “endangered” or “extirpated” triggers a series of obligations for the Government of Canada, including the preparation of a recovery strategy that includes the identification, to the extent possible, of the habitat necessary for the survival or recovery of the species (critical habitat), and different obligations regarding the protection of that critical habitat. Protecting critical habitat on non-federal land may require the taking of regulatory action with associated benefits as well as potential costs for the landowners, users of the land, and the federal government. The socio-economic impact of each individual regulatory action will be assessed should this additional protection become necessary.

Costs and benefits summary

In summary, the Order is expected to trigger protections and coordinated actions to support recovery of the listed species, thereby contributing to the benefits that they provide to Canadian society. Species conservation is associated with socio-economic and cultural values, pest-control and nutrient cycling benefits, existence and option values. Aside from permit-related expenses, the Order is not anticipated to impose incremental costs on Indigenous Peoples or stakeholders. The overall costs to the Government of Canada related to this Order are anticipated to be low, and stem from the development of recovery strategies, action plans or management plans as well as from permit application processing, compliance promotion and enforcement activities.

Aside from permit-related expenses, the Order is not anticipated to impose incremental costs on stakeholders and Indigenous Peoples other than the Government of Canada. The overall costs to the Government of Canada related to this Order are anticipated to be low, and stem from the development of recovery strategies, action plans or management plans, permit-related administrative costs, and from compliance promotion activities. Based on the list of species included in the Order, the overall net cost to the Government of Canada is estimated to be between $290,000 and $380,000 over 10 years (2022–2031), discounted at 3% to a base year of 2020. For all permits, the incremental cost to applicants (i.e. industry, Indigenous Peoples, other levels of government, researchers and scientists) is estimated to be $1,100 incurred in the first year.

The species included in the Order can be grouped according to four categories of impacts related to their corresponding amendments to Schedule 1 of SARA, as summarized in Table 5 hereafter.

Table 5: Costs to stakeholders and Indigenous Peoples by listing category

Amendments to Schedule 1 of SARA

Species

Costs

New listing as "endangered" (7 species)

  • Carey’s Small Limestone Moss
  • Dalton’s Moss
  • Drooping-leaved Beard-moss
  • Columbia Quillwort
  • Dwarf Hesperochiron
  • Hairy Valerian
  • Hairy Paintbrush

The general prohibitions are only triggered when species are found on federal lands. Based on best available information, of the seven species that will be listed as "endangered," only Dalton’s Moss is known to occur on federal lands (Gwaii Haanas National Park Reserve of Canada, and Haida Heritage Site). For this species, projected undiscounted costs related to permit applications for applicants such as industry, Indigenous reserves, other levels of government, researchers and scientists are estimated to be $1,100. Projected undiscounted costs to the Government of Canada for reviewing permit applications are estimated to be $1,400.

Dalton’s Moss will also require compliance promotion, with estimated undiscounted costs to the Government of Canada of $3,000 in the first year.

Species listed as "endangered" subsequently require the drafting of recovery strategies and action plans. The projected undiscounted costs for the Government of Canada to develop those documents are estimated between $40,000 to $50,000 per species or between $280,000 and $350,000 for the seven species.

Reclassification from "endangered" to "threatened" (1 species)

  • Peary Caribou

There are no incremental costs to Indigenous Peoples and/or stakeholders from reclassifying the Peary Caribou’s status from "endangered" to "threatened" because general prohibitions are already in place. The undiscounted costs to the Government of Canada for updating the recovery strategy and action plan documents are estimated to be between $3,000 and $10,000.

Listing or reclassification to "special concern" (4 species)

  • American Bumble Bee
  • Yellow Scarab Hunter Wasp
  • Greater Short-horned Lizard
  • Goldenseal

SARA’s general prohibitions do not apply to species of special concern and, as such, no incremental costs will be assumed by Indigenous Peoples and/or stakeholders. However, species listed as "special concern" subsequently require the drafting of a management plan. The projected undiscounted costs for the Government of Canada to develop management plans, estimated to cost between $10,000 to $15,000 per species, for the listing or reclassification of four species of special concern is estimated to be between $40,000 and $60,000.

Changes to species’ name (1 species)

  • Karner Blue

No incremental costs are expected to Indigenous Peoples and/or stakeholders, except an estimate of $3,000 to the Government of Canada for updating recovery documents.

Small business lens

The small business lens does not apply, as no small businesses will be impacted by this Order.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced as a result of this Order.

Regulatory cooperation and alignment

The protection of wildlife species is also a responsibility shared between the federal, provincial and territorial levels of government. The provincial and territorial governments have indicated their commitment to protecting and recovering species at risk through their endorsement of the Accord for the Protection of Species at Risk in 1996. Some of the species under consideration are currently listed under some provincial legislation, and the Order will complement this existing protection. Those statuses are shown in the Table 6 hereafter.

Table 6: Existing provincial and territorial designations of species included in the Order Amending Schedule 1 to the Species at Risk Act

Common species name
(scientific name)

Range

SARA listing

Provincial/territorial status

Dalton’s Moss
(Daltonia splachnoides)

British Columbia

Endangered

British Columbia

Red List (extirpated, endangered or threatened)

Carey’s Small Limestone Moss
(Seligeria careyana)

British Columbia

Endangered

British Columbia

Red List (extirpated, endangered or threatened)

Drooping-leaved Beard-moss
(Oxystegus recurvifolius)

British Columbia

Endangered

British Columbia

Red List (extirpated, endangered or threatened)

Hairy Paintbrush
(Castilleja tenuis)

British Columbia

Endangered

British Columbia

Red List (extirpated, endangered or threatened)

Dwarf Hesperochiron
(Hesperochiron pumilus)

British Columbia

Endangered

British Columbia

Red List (extirpated, endangered or threatened)

Columbia Quillwort
(Isoetes minima)

British Columbia

Endangered

British Columbia

Red List (extirpated, endangered or threatened)

Peary Caribou
(Rangifer tarandus pearyi)

Northwest Territories, Nunavut

Endangered to threatened

Northwest Territories (at risk)

Nunavut (endangered) [for High Arctic population]

Nunavut (threatened) [for Low Arctic population]

Greater Short-horned Lizard
(Phrynosoma hernandesi)

Alberta, Saskatchewan

Endangered to special concern

Alberta (at risk)

Saskatchewan (special concern)

Goldenseal
(Hydrastis Canadensis)

Ontario

Threatened to special concern

Ontario (special concern)

Hairy Valerian
(Valeriana edulis ssp. ciliate)

Ontario

Endangered

Ontario (threatened)

American Bumble Bee
(Bombus pensylvanicus)

Ontario, Quebec

Special concern

No provincial status

Yellow Scarab Hunter Wasp
(Dielis pilipes)

British Columbia

Special concern

British Columbia

Red List (extirpated, endangered or threatened)

Karner Blue
(Plebejus samuelis  table c1 note a )

Ontario

N/A

Ontario (extirpated)

Table c1 note(s)

Table c1 note a

Scientific name change, currently listed in Schedule 1 of SARA as Lycaeides melissa samuelis.

Return to table c1 note a referrer

The Department also works with its federal partners (i.e. Fisheries and Oceans Canada and PCA) to determine the impact of the listing of species. The development of the recovery strategies and action plans, which will be triggered after amending the status of the species included in the Order, will require input from and coordination with different land management authorities such as other levels of government and Indigenous communities. Costs related to the development of these documents are estimated in the previous section. The magnitude of economic impacts stemming from cooperation with those other land management authorities will be dependent on their level of participation and engagement in the recovery planning process and action following the development of action plans. This engagement will be voluntary and therefore its extent is unknown at this time. However, since the level of coordination needed for SARA status amendments for these species is expected to be relatively low compared to other, more high-profile species with broader distribution ranges, associated economic impacts are also expected to be low. These costs cannot be quantified at this time.

Strategic environmental assessment

A strategic environmental assessment concluded that the Order will result in important positive environmental effects. Specifically, it demonstrated that the protection of wildlife species at risk contributes to national biodiversity and protects ecosystem productivity, health and resiliency.

The Order will help Canada meet its commitments under the Convention on Biological Diversity. Given the interdependency of species, a loss of biodiversity can lead to decreases in ecosystem functions and services. These services are important to the health of Canadians and have important ties to Canada’s economy. Small changes within an ecosystem resulting in the loss of individuals and species can therefore have adverse, irreversible and broad-ranging effects.

The amendments to Schedule 1 of SARA will also support the Federal Sustainable Development Strategy (FSDS)footnote 45 goal of “Healthy wildlife populations,” and the following target: “By 2020, species that are secure remain secure, and populations of species at risk listed under federal law exhibit trends that are consistent with recovery strategies and management plans.” The amendments will support this goal by helping to ensure that species are provided appropriate protection. They will also indirectly contribute to the FSDS goal of “Effective action on climate change” by supporting the conservation of biodiversity because many ecosystems play a key role in mitigating climate change impacts. These actions will also support the United Nations’ 2030 Agenda for Sustainable Development Goalsfootnote 46 concerning Life on Land (goal 15) and Climate Action (goal 13).

Gender-based analysis plus

A gender-based analysis plus (GBA+) was performed for this Order, looking at whether characteristics such as sex, gender, age, race, sexual orientation, income, education, employment status, language, visible minority status, disability or religion could influence how a person is impacted by the Order.

The region of residence was identified as the main factor determining how a person will be impacted by the Order. The listing of new species to Schedule 1 of SARA or their reclassification from “special concern” to “endangered” or “threatened” triggers the application of the general prohibitions to kill, capture or harm the protected species. Whenever these general prohibitions are implemented, they may disproportionately impact Indigenous Peoples because they only apply on federal lands, of which Indigenous reserves are a part. Certain of the species included in listing Orders that occur on these lands have important cultural, ceremonial and socio-economic significance for Indigenous Peoples. Therefore, individuals residing on Indigenous reserves are the main subgroup that could be negatively affected by the listing of species under Schedule 1 of SARA.

The species that will trigger the general prohibitions under SARA as part of this Order are not known to be located on reserve lands, which means that there are no anticipated impacts on Indigenous Peoples because general prohibitions are triggered only on federal lands of which reserves are part of.

The Department performed consultations to ensure all potentially affected parties had the opportunity to provide input into the Order. It was understood by the Department that the information that forms the basis of the consultations is complex, and therefore not easily accessible to persons with low literacy skills or without a science background. Language may also be a barrier to meaningful participation in consultations for Indigenous Peoples. To address these challenges, the Department offered to provide teleconferences or face-to-face meetings to explain the proposed Order and discuss its potential impacts to the communities who requested more support.

Rationale

Biodiversity is crucial to ecosystem productivity, health and resiliency, yet is rapidly declining worldwide as species become extinct. The Order supports the survival and recovery of 13 species at risk in Canada, thus contributing to the maintenance of biodiversity in Canada. In the case of the seven new species to be listed as “endangered,” they will be protected on federal lands through the general prohibitions of SARA, which include prohibitions on killing, harming, harassing, capturing, possessing, collecting, buying, selling and trading. In addition, these species will benefit from the development of recovery strategies and action plans that identify the main threats to species survival, and, when possible, the critical habitat that is necessary for their survival and recovery in Canada.

Peary Caribou was listed as “endangered” under SARA, which provided protection for individuals and residences on federal lands and included provisions for the protection of critical habitat once identified in a recovery strategy or action plan. Reclassifying from “endangered” to “threatened” recognizes that the species is still under threat. This status change will not affect the existing SARA general prohibitions already in place for this species. In addition, the four species to be listed or reclassified as species of “special concern” will benefit from the development of a management plan, which includes measures for the conservation of the species.

In summary, the listings or reclassifications of the species included in this Order will benefit Canadians in many ways, yet no major costs will be incurred by stakeholders or Indigenous Peoples. The costs to the Government of Canada are expected to be relatively low.

Implementation, compliance and enforcement, and service standards

Implementation

Following the listing, the Department of the Environment will implement a compliance promotion plan. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the law through education and outreach activities and raise awareness and understanding of the prohibitions. Potentially affected Indigenous Peoples and/or stakeholders will be reached in order to

These objectives may be accomplished, where applicable, through the creation and dissemination of information products explaining new prohibitions on federal lands with respect to the species included in this Order,footnote 47 the recovery planning process that follows listing or reclassification, how stakeholders and Indigenous peoples can get involved, and general information on each of the species. These resources will be posted on the Public Registry. Mail outs and presentations to targeted audiences may also be considered as appropriate.

Within PCA’s network of protected heritage places,footnote 48 front line staff are given the appropriate information regarding the species at risk found within their sites to inform visitors on prevention measures and engage them in the protection and conservation of species at risk.

Subsequent to listing, the preparation and implementation of recovery strategies, action plans or management plans may result in recommendations for further regulatory action for the protection of wildlife species. It may also draw on the provisions of other Acts of Parliament to provide required protection.

Compliance and enforcement

SARA provides for penalties for contraventions to the Act, including fines or imprisonment, seizure and forfeiture of things seized or the proceeds of its disposition. Agreements on alternative measures may also be used to deal with an alleged offender under certain conditions. SARA also provides for inspections and search and seizure operations by enforcement officers designated under SARA. Under the penalty provisions of the Act, a corporation found guilty of an offence punishable on summary conviction is liable to a fine of not more than $300,000, a non-profit corporation is liable to a fine of not more than $50,000, and any other person is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both. A corporation found guilty of an indictable offence is liable to a fine of not more than $1,000,000, a non-profit corporation to a fine of not more than $250,000, and any other person to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both.

Service standards

As stated previously, section 73 of SARA allows individuals to apply to the Minister for a permit to engage in an activity affecting a listed wildlife species, its critical habitat or the residences of its individuals. Upon notifying an applicant that their application for a section 73 permit is received, the Minister has 90 days to either issue or refuse to issue the permit.footnote 49 The 90-day timeline may not apply in certain circumstances.

The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations contribute to consistency, predictability and transparency in the SARA permitting process by providing applicants with clear and measurable service standards for the section 73 permit application process. The Department of the Environment measures its service performance annually, and performance information is posted on the Department websitefootnote 50 no later than June 1 for the preceding fiscal year.

Contact

Paula Brand
Director
SARA Policy
Canadian Wildlife Service
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Email: LEPreglementations-SARAregulations@ec.gc.ca

ANNEX — DESCRIPTION OF SPECIES BEING ADDED TO OR RECLASSIFIED IN SCHEDULE 1 OF THE SPECIES AT RISK ACT

A — Species added to Schedule 1 of SARA

1. Carey’s Small Limestone Moss (Seligeria careyana) — endangered

About this species

Carey’s Small Limestone Moss is a minute, delicate, yellow to light-green moss that grows in loose colonies. The species is known from just three sites on Haida Gwaii, all located on northwest Moresby Island.

Given the overall rarity of moss at Haida Gwaii, its restriction to a substrate that is infrequent on the islands, the extensive search effort for the species on that substrate, and the few colonies found at known sites for the species, it is unlikely that more than 250 colonies exist in Canada. Overall, Carey’s Small Limestone Moss has not been monitored, therefore trends are unknown. The species is endemic to Canada so there is no possibility of “rescue” from outside populations.

Benefits of the species

Carey’s Limestone Moss is recognized as a special element of biodiversity in British Columbia based on its apparent survival in a glacial refugium. Throughout the world, many species of Seligeria are rare, including four of the seven species that occur in British Columbia.

Rationale for listing

The species is a narrow habitat specialist that occurs exclusively on shaded, pure limestone cliffs in areas of hypermaritime climate. This moss has small, fragile spores that severely limits its dispersal ability to new sites. The primary threats to Carey’s Small Limestone Moss are climate change, quarrying, and tsunamis. The species is extremely vulnerable to the effects of climate change, particularly increased temperatures and reduced precipitation in summer.

A SARA listing as “endangered” creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

2. Dalton’s Moss (Daltonia splachnoides) — endangered

About this species

Dalton’s Moss is a small, glossy yellow-green to bronze coloured moss with reddish stems and linear-lanceolate leaves. The leaves are untoothed, have a yellowish border, and a ridged costa (“midrib”) that almost reaches the leaf tip. The sporophytes consist of a red stalk and a small, brown, upright, cylindric-ovoid capsule with a short neck and a contracted base. The highly distinctive calyptra (hood-like structure covering the lid of the capsule) is pale and conspicuously fringed.

Population trends are unknown and can only be determined through monitoring.

Benefits of the species

The Dalton’s Moss has no known species benefits.

Rationale for listing

The three most significant threats to Dalton’s Moss are extensive browsing of understory vegetation by introduced Sitka Black-tailed Deer, climate change and associated sea level rise, and stochastic events such as landslides. Both subpopulations are located within protected areas so should not be affected by logging or water level manipulation, including installation of hydroelectric dams.

A SARA listing as “endangered” creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

3. Drooping-leaved Beard-moss (Oxystegus recurvifolius) — endangered

About this species

The Drooping-leaved Beard-moss is a pale, yellowish-green moss that typically grows on moist, organic soil. Characteristics distinguishing it from closely related species include the oblong strap-shaped leaves with light-coloured margins, and leaf apices that bend downward and are sharply and irregularly toothed.

The Canadian population of Drooping-leaved Beard-moss is composed of five known subpopulations. Based on a targeted search in 2017, one of the subpopulations appears to have been extirpated as the result of hydroelectric development. Three subpopulations are thought to be extant, and the status of another is unknown. Historical population sizes were not recorded but herbarium specimens collected between 1964 and 1975 indicate there were at least eight colonies among the five subpopulations. Currently there are thought to be 10 to 12 extant colonies among three or four subpopulations.

Benefits of the species

In British Columbia, the species is recognized as a special element of biodiversity based on its rarity and highly restricted distribution. The Canadian population accounts for an estimated one fifth of the global population.

Rationale for listing

With a very restricted distribution in Canada, key threats to the species include climate change (particularly at high elevation), landslides, introduced invasive Sitka Black-tailed Deer, and logging. The species is not expected to adapt to predicted climate change, and migration in response to climate change is inhibited by the lack of effective means of reproduction and dispersal.

A SARA listing as “endangered” creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

4. Columbia Quillwort (Isoetes minima) — endangered

About this species

Columbia Quillwort is a perennial fern ally and has small, green, simple, quill-like leaves arising from a globose rootstock. The leaves are swollen at the base where the reproductive microspores and megaspores are contained within sporangia.

A rare Pacific Northwest endemic, the species is known in Canada from four subpopulations in extreme southern British Columbia (Castlegar area), all of which have been discovered since 1996. As of 2017, there were 1 145 plants (1 019 mature) known in Canada. Reductions in habitat quality and quantity have resulted from recreational activities (specifically mountain biking) and from the establishment of non-native plants, such as Spotted Knapweed.

Benefits of the species

The Columbia Quillwort has no known species benefits.

Rationale for listing

All known subpopulations of the species occur on provincial Crown land. Upslope logging and road building may alter hydrologic patterns, impacting downslope seepage and encouraging the spread of non-native invasive plants. The most serious non-native competitor is Spotted Knapweed which competes with Columbia Quillwort for water and other resources at all sites. More severe droughts associated with climate change may impact on spore production. Recreational activities including mountain biking and hiking may also have negative impacts on Columbia Quillwort plants and their habitat. Small isolated populations can suffer from limited genetic diversity and inbreeding depression.

A SARA listing as “endangered” creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

5. Dwarf Hesperochiron (Hesperochiron pumilus) — endangered

About this species

Dwarf Hesperochiron is a perennial, herbaceous plant that grows up to 10 cm tall from a slender stem connected to smaller offshoots by thin rhizomes. The generally hairless simple leaves grow in a basal rosette. There are from one to eight solitary, showy flowers per plant. The flowers are 1 to 3 cm wide, 5-lobed, with white petals and hairy, yellow throats. There are often striking purple markings on the petals. The fruits are oval capsules with many small seeds.

The specific causes of the decline of the Dwarf Hesperochiron are unknown. The total number of mature individuals is very small (under 200). All Canadian sites are on provincial Crown land and potentially subject to logging of surrounding areas and/or road building activity with subsequent changes to site hydrology. Competition from non-native plants, most notably Spotted Knapweed, is the most significant threat expected to lead to habitat degradation over time. Drought and atypically intensive natural fire, as per climate change projections, could potentially damage or eliminate one or more occurrences within three generations.

Benefits of the species

Dwarf Hesperochiron is associated with spring seepage and it flowers and sets seed when moisture is available. The species is a showy species and a desirable horticultural plant. The species occurs in specialized habitat with other plants of conservation concern.

There is no published information on Aboriginal Traditional Knowledge of this species. It is a small plant with a limited distribution and no obvious medicinal properties or utilitarian purpose; it is unlikely to have significance to First Nations.

Rationale for listing

All Canadian sites are on provincial Crown land and potentially subject to logging of surrounding areas and/or road building activity with subsequent changes to site hydrology. Negative impact on the thin substrate by mountain-biking activity has been noted close to one occurrence. Competition from non-native plants, most notably Spotted Knapweed, is the most significant threat expected to lead to habitat degradation over time. Drought and atypically intensive natural fire, as per climate change projections, could potentially damage or eliminate one or more occurrences within three generations.

A SARA listing as “endangered” creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

6. Hairy Valerian (Valeriana edulis ssp. ciliata) — endangered

About this species

The Hairy Valerian (Valeriana edulis ssp. ciliata) is a tall flowering plant, often growing one metre in height or more. It is a long-lived perennial, and not all mature plants flower every year. Flowers are visited and likely pollinated by a variety of insects, and most pollen is deposited within 10 m of the source plant. Seeds are small and are probably dispersed by gravity, wind and water. Hairy Valerian does not reproduce vegetatively. The species is found in wet prairies and fens in southwestern Ontario, which are very rare habitats.

Declines have been observed in its distribution, number of locations, and quality of habitat, and declines are inferred in the number of mature individuals. The three remaining locations have few mature individuals, which are threatened by commercial development, invasive species, and natural succession.

Benefits

This species has large taproots that were a source of food and medicine for Indigenous peoples. In multiple Indigenous communities, the Hairy Valerian has traditionally been eaten and used medicinally, although most documented uses are based on the related subspecies Edible Valerian.footnote 17 Some Indigenous groups celebrate the bumblebee, through masks, artwork,footnote 51 images in totem poles, and through traditional dancefootnote 19 that has been revived in recent years.footnote 20

Rationale for listing

As there are no previous estimates of abundance at any Ontario sites, trends are unknown. However, the total number of plants in Canada can be inferred to have declined. The abundance of Hairy Valerian has declined along the Maitland River due to the recent establishment of the non-native cultivar of Reed Canary Grass. Five of the eight documented subpopulations in Canada are considered extirpated. In general, invasive species are the primary threat to this taxon. Other possible threats include industrial development, succession, herbicide use, and recreational trails.

A SARA listing as “endangered” creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

7. Hairy Paintbrush (Castilleja tenuis) — endangered

About this species

Hairy Paintbrush is a delicate annual plant, 4.5 to 30 cm tall (rarely up to 52 cm), arising from a slender taproot or branched root system. Stems are covered with a mixture of short hairs and soft spreading long hairs. Flowers are arranged in a terminal spike, with green lanceolate to ovate floral bracts with pointed tips.

Invasive non-native plants, in particular Spotted Knapweed (Centaurea stoebe ssp. micranthos), compete for water and other resources. Shrub and conifer encroachment associated with successional processes will degrade habitat over time. Hemiparasites are especially sensitive to climate change because changes to temperature and CO2 will impact both the hemiparasite and their host plants.

Benefits

Hairy Paintbrush flowers from mid-June to mid-July and the flowers are adapted for bee pollination. In nutrient-poor communities, the Hairy Paintbrush may break down nutrients from less available forms for other organisms.

Rationale for listing

Competition from non-native plants, most notably Spotted Knapweed, is the most significant observable threat. Limited genetic diversity is expected within this isolated population. Potential exists for increased drought and natural fire (as per climate change projections) to damage or eliminate the population within three generations. As a hemiparasite, it is further threatened due to detrimental climate change impacts on its host.

A SARA listing as “endangered” creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

8. American Bumble Bee (Bombus pensylvanicus) — special concern

About this species

The American Bumble Bee (Bombus pensylvanicus) is a medium-sized bumble bee with a relatively long head and tongue length compared to many other bumble bee species in Canada. The distinctive dark wings and characteristic yellow and black abdominal banding pattern of females are diagnostic, and consistent throughout its Canadian range. Males have longer antennae than females, with a predominantly yellow abdomen with an orange tip.

The species experienced significant declines prior to 1980, and overall trends suggest it is still becoming rarer, though it persists within a portion of its historical range in Canada. Causes for declines remain unclear, but pesticide use, habitat conversion, and pathogen spillover from managed colonies are probably contributing factors.

Benefits

The American Bumble Bee is an important pollinator of a variety of plant species and is significant to the ways of life of many Indigenous peoples, providing social, cultural, and medicinal benefits. Notably, in Inuit culture, the bee represents the change in seasons and the return of important sustenance species such as Arctic Char.

Rationale for listing

The specific causes of decline for American Bumble Bee are unknown, although it is likely due to a combination of factors. The American Bumble Bees are susceptible to pesticide use, land use activities that reduce floral resources and/or nesting site availability, and pathogens. American Bumble Bee also appears to have low genetic diversity, which likely contributes to its decline and increases the production of sterile males.

The SARA listing as “special concern” does not trigger SARA prohibitions, but will require the development of a management plan to enable proactive management of the species.

9. Yellow Scarab Hunter Wasp (Dielis pilipes) — special concern

About this species

The Yellow Scarab Hunter Wasp is a large, uncommon black and yellow wasp. This large distinctive wasp is restricted to the low-elevation Antelope-brush and sagebrush ecological communities of the south Okanagan and Similkameen valleys of British Columbia. The species is a solitary ectoparasitoid of one or both of the two species of Ten-lined June beetles (Polyphylla crinita and P. decemlineata) that range in southern British Columbia. June beetle larvae are considered pests on a wide range of native shrubs, fruit trees, ornamental and garden plants.

The cumulative effects of fire suppression activities and the spread of non-native/alien plants have contributed to a decline in the habitat quality and quantity available to both species of Ten-lined June beetle hosts and the Yellow Scarab Hunter Wasp.

Benefits

The Yellow Scarab Hunter Wasp is considered a natural biological control for the beetle larvae.

Rationale for listing

The loss, degradation, and fragmentation of open, sandy habitats, and pesticide application on adjacent agricultural lands during the adult flight period are the primary threats to the species. Further threats include increasing numbers of non-native plants into the open sand habitats, which limit detectability of host beetle larvae by adult female wasps. The species may become “threatened” if factors suspected of negatively influencing the persistence of the species are not managed.

A SARA listing as “special concern” does not trigger SARA prohibitions, but will require the development of a management plan to enable proactive management of the species.

B — Species reclassified in Schedule 1 of SARA

10. Greater Short-horned Lizard (Phrynosoma hernandesi) — down-listing from “endangered” to “special concern” footnote 52

About this species

Greater Short-horned Lizard (Phrynosoma hernandesi) is the only species of lizard found in Alberta and Saskatchewan. The species occurs farther north than any other iguanid lizard species globally. It is the most widespread and generalist of all horned lizard species. Greater Short-horned Lizard is a small (snout-vent length of approximately 69 mm for adult females), dorso-ventrally flattened lizard with a fringe of protruding scales along the sides, and an array of “horns” and a deep hornless notch across the back of the head. The blotched dorsal colouration and ability to remain motionless provide the lizards an excellent camouflage, helping protect them from predators and allowing them to ambush prey.

Overall, the population size of the species has likely declined, especially from the time of initial agricultural development early in the 20th century. More recent declines are evident in local areas, particularly near Medicine Hat. In other instances, lack of recent records may be related to lack of survey effort and not reflect true declines in population size or occupancy. In these instances, trends in subpopulation size are unknown.

Benefits

The Greater Short-horned Lizard has no known species benefits.

Rationale for listing

Range-wide threats include habitat modification by invasive plants and increased vulnerability to summer droughts and freeze/thaw events associated with climate change. Approximately 70% of the population occurs in Grasslands National Park, but subpopulations outside the protected area, including all subpopulations in Alberta, are subject to additional threats including agriculture, oil and gas drilling, increased predation because of habitat modification, and other human developments.

A recovery strategy has been posted for this species after it was listed as “endangered” in 2009. A down-listing from “endangered” to “special concern” does not preclude the conservation efforts already underway since it requires the development of a management plan to prevent the species from becoming further at risk.

11. Goldenseal (Hydrastis canadensis) — down-listing from “threatened” to “special concern”

About this species

Goldenseal is an herbaceous perennial that grows to 10 to 50 cm tall. It is characterized by its gnarled yellow rhizome, which bears scars that look like the wax seals historically used to close letters. The plant bears one to three leaves, each with five lobes.

Benefits

Goldenseal is still a species of commercial interest and is an ingredient in various herbal products. In addition, the plants were used as a traditional herbal medicine by Indigenous peoples.

Rationale for listing

Although the number of mature individuals of this long-lived plant appears to be stable in recent decades, the remaining subpopulations remain subject to threats from deforestation, harvesting, and invasive species.

A recovery strategy has been posted for this species since it was listed as “threatened” in 2003. A down-listing from “threatened” to “special concern” does not preclude the conservation efforts already underway since it requires the development of a management plan to prevent the species from becoming further at risk.

12. Peary Caribou (Rangifer tarandus pearyi) — down-listing from “endangered” to “threatened”

About this species

Peary Caribou are the smallest North American caribou. They are mostly white with a slate back and a grey stripe down the front of the legs. In winter, the slate back may turn a dingy brown, and some individuals appear almost entirely white. Antler velvet is slate-coloured instead of brown like deer and other caribou. The antlers tend not to spread as wide as those of other caribou but otherwise they are similar. The skull has a short rostrum and high cranium. The hooves are short and wide. They are genetically distinct from other caribou in Canada.

Benefits

Peary Caribou are integral components of Inuit and Inuvialuit culture and economy. As the only source of caribou meat for several Arctic communities, they are important in the subsistence economy of local communities, and represented in traditional crafts that are marketed and collected throughout Canada and internationally. Persisting at the limits of plant and animal existence, Peary Caribou are an integral part of Arctic biodiversity and increasingly important in the scientific study of ecosystem response to climate change.

Rationale for listing

The overall population has experienced an estimated three-generation decline of 35%, but has been increasing over the past two decades. The highest-impact threats derive from a changing climate, including increased intensity and frequency of rain-on-snow events negatively affecting forage accessibility in winter, and decreased extent and thickness of sea ice causing shifts in migration and movement patterns.

A SARA listing as “endangered” or “threatened” creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

C — Species whose scientific name is changed on Schedule 1 of SARA

13. Karner Blue (Plebejus samuelis) — scientific name change from Lycaeides melissa samuelis to Plebejus samuelis

About this species

The Karner Blue is a small butterfly with a wingspread of just 22 to 32 mm. The upper side of the male’s wing is iridescent light blue, edged with a thin black line that parallels a white fringe on the wing’s outer margins.

This butterfly occurred within a restricted range in oak savannah and woodland habitats in southern Ontario. Its population decline and degradation of its habitat are well documented. The species has not been seen since 1991 despite ongoing search efforts.

Benefits

There are no known benefits specific to this species.

Rationale for listing

There has been no change in effective protection for this species at the federal level given its “extirpated” status.