Species at Risk Act

The Species at Risk Act was designed to meet one of Canada's key commitments under the international Convention on Biological Diversity.

The goal of the Act is to prevent endangered or threatened wildlife from becoming extinct or lost from the wild, and to help in the recovery of these species. It is also intended to manage species of special concern and to prevent them from becoming endangered or threatened.

Providing a framework for actions across Canada to ensure the survival of wildlife species and the protection of our natural heritage, the Species at Risk Act sets out the process for determining recovery and protection actions. It also identifies ways governments, organizations and individuals can work together, and establishes penalties for failure to obey the law.

The Species at Risk Act was built on the results of extensive cross-Canada consultations involving all levels of government, Aboriginal peoples, non-governmental organizations, farmers, ranchers, fishers, representatives of industry and other interested Canadians, and builds on the policy of previous legislative proposals over a nine-year period. It is a future-oriented law that contains provisions to conserve and protect nature for generations to come.

Canada's Aboriginal peoples played an integral role in the development of the legislation, and their role in the conservation of wildlife is recognized in the Act with the establishment of the National Aboriginal Council on Species at Risk (NACOSAR) to advise the Minister of the Environment of the administration of the Act.

Stewardship is an essential part of the cooperative process entrenched in the Act. It brings together landowners, conservationists, governments and other partners to protect species and habitat. Under the Species at Risk Act, stewardship is the first response to protecting the habitats of at-risk species.

Hundreds of stewardship projects are already underway across Canada, many of them funded by the Habitat Stewardship Program for Species at Risk which is administered by Environment Canada, Fisheries and Oceans Canada and the Parks Canada Agency.

Highlights of the Species at Risk Act:

• The Species at Risk Act contains a list of species in what is called Schedule 1. This is the legal list of species to which the law applies as of the date it comes into force. The law protects plants and animals listed in Schedule 1. Species are put on the list after assessments by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) are considered by the federal government. Operating at arm's length from governments, the Committee has classified species in need of protection for over 25 years. Under the Species at Risk Act, COSEWIC is given legal status for the first time.
  
  
• COSEWIC assessments are published in the SARA Registry. There is a requirement under the Act that the Minister of Environment publish a response to the COSEWIC assessment within 90 days, and the Governor-in-Council (the federal Cabinet) has nine months to make a decision on whether to add the species to the legal list. This listing process acknowledges that adding species to the legal list could have economic and social implications for Canadians.
  
  
• The Species at Risk Act provides a way for the government to take immediate action to protect a wildlife species in an emergency. When the Minister of the Environment believes that there is an imminent threat to the survival of a species, the Minister recommends to the Governor-in-Council that the species be added to Schedule 1 as an endangered species. If the species is added to Schedule 1, COSEWIC will be asked to prepare a status report on the species within one year.
  
  
• As soon as a species is added to the legal list, a number of binding provisions (in sections 32 and 33 of the Act) take effect, such as automatic prohibitions against killing or harming aquatic species, migratory bird species and all species on federal lands and against the destruction of their residences.
  
  
• For listed species in Schedule 1 located outside of federal lands, the provinces and territories are given the first opportunity to protect them through their laws. If those measures are not in place or are insufficient, the Species at Risk Act has a "safety net." The Governor in Council, on the recommendation of the Minister of the Environment, may order certain prohibitions be activated in a province or territory.
  
  
• Mandatory recovery strategies and management plans are required within specific time periods for all species listed as extirpated (no longer present in Canada but existing elsewhere), endangered, threatened or of special concern.
  
  
• To the extent possible, recovery strategies, action plans and management plans must be prepared in cooperation with affected provinces, territories, Aboriginal organizations, landowners and other affected parties.
  
  
• If the cooperative approach under the Act fails, the Species at Risk Act ensures there is the necessary power for the Government of Canada to protect critical habitat. The law sets penalties for cases where there are offences under the Act. A charge is most likely to be laid when a corporation or person intentionally ignores the law and compromises the survival of a species at risk.
  
  
• The Species at Risk Act contains provisions for compensation that apply only when critical habitat prohibitions are being applied. General regulations on compensation are being developed.

Phased Proclamation

The majority of the provisions with the Species at Risk Act will take effect immediately. Some will be phased-in and take effect in June 2004. Provisions taking effect immediately include the establishment of COSEWIC as a legal entity, the formal listing process, recovery planning, stewardship agreements and NACOSAR.

The provisions to take effect in June 2004 include prohibitions against killing listed species and destroying their critical habitat. This allows for smooth and effective synchronization with other legislative regimes, and those whose activities are affected by the Act can be made aware of specific requirements.

Definitions of Listed Species:

Extinct:

No longer occurring anywhere.

Extirpated:

A species no longer existing in the wild in Canada, but exists elsewhere in the world.

Endangered:

A species facing imminent extirpation or extinction.

Threatened:

A species likely to become endangered if nothing is done to reverse the factors leading to extirpation or extinction.

Special Concern:

Those species that are particularly sensitive to human activities or natural events but are not endangered or threatened species.

More information on the Species at Risk Act, the Habitat Stewardship Program for species at risk, and on Canada's Strategy for the Protection of Species at Risk, can be found on the Internet at: www.speciesatrisk.gc.ca; or call Environment Canada's Inquiry Centre at: 1-800-668-6767.