Canada Gazette, Part I, Volume 155, Number 8: Order Amending Schedule 1 to the Species at Risk Act

February 20, 2021

Statutory authority
Species at Risk Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

Biodiversity is rapidly declining worldwide as species become extinct.footnote 1 Today's extinction rate is estimated to be between 1 000 and 10 000 times higher than the natural rate.footnote 2 Biodiversity is positively related to ecosystem productivity, health and resiliencyfootnote 3 (i.e. the ability of an ecosystem to respond to changes or disturbances), and, 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 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.

Background

Canada's 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 Part of the mandate of the Department of the Environment ("the Department") is 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 governments, the Department plays a leadership role as federal regulator in order to prevent species from becoming extinctfootnote 5 or extirpatedfootnote 6 from Canada. The Parks Canada Agency contributes to the protection and conservation of these species within its network of protected heritage places,footnote 7 including national parks and national marine conservation areas.

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) included 233 species. Since then, on the recommendation of the Minister of the Environment, the Governor in Councilfootnote 8 (GIC) has amended the list on a number of occasions to add, remove or reclassify species. As of August 2019, there are 622 species listed on Schedule 1 of SARA.

The Act also established the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), a non-governmental, independent scientific body of experts, as the body responsible for providing the Minister of the Environment with assessments on the status of Canadian wildlife species that are potentially at risk of disappearing from Canada. The assessments are carried out in accordance with section 15 of SARA, which, among other provisions, requires COSEWIC to determine the status of species it evaluates and identify existing and potential threats. COSEWIC members meet twice every year to review information collected on wildlife species and assigns each wildlife species to one of seven categories: extinct, extirpated, endangered, threatened, special concern, data deficient, or not at risk. Of note, COSEWIC must review the classification of each species at risk at least once every 10 years, or at any time if it has reason to believe that the status of the species has changed significantly.footnote 9

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

Subsequent to the consultations and analysis carried out by Department officials, the GIC formally acknowledges its receipt of the COSEWIC assessments by way of an order in council published in the Canada Gazette, Part II. This then triggers a regulatory process implemented through an order whereby the GIC may, within nine months of the receipt, on the recommendation of the Minister,

Should the GIC's decision not be received within nine months of the formal receipt of the COSEWIC assessments, SARA states that the Minister shall amend Schedule 1 according to those assessments.

Furthermore, COSEWIC may review the status of a previously assessed wildlife species and recommend a new classification for this species. Reclassification is important so that 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 can be recommended for up-listing when their status has deteriorated (i.e. through population decline) since their last assessment. When the species' status improves, they can be recommended for down-listing to ensure that the species are protected according to the purposes of SARA, while minimizing impacts on stakeholders and resources. Upon listing, wildlife species benefit from various levels of protection, depending on their status, as per the general prohibitions (sections 32 and 33 of SARA). Table 1 below summarizes the various protections afforded following listing to 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 Application of general prohibitions by type of species and their location General prohibitions
Species protected by the Migratory Birds Convention Act, 1994 Aquatic species All other listed species Protection of individuals
(SARA, section 32)		 Residence protection
(SARA, section 33)
Special concern SARA's general prohibitions are not applicable (for species of special concern). SARA's general prohibitions do not apply. SARA's residence protection does not apply.
Threatened, endangered, and extirpated General prohibitions apply everywhere in Canada for migratory birds. General prohibitions apply everywhere in Canada for aquatic species.

In the provinces, general prohibitions apply only on federal lands.table 1 note 1

In the territories, general prohibitions apply only on federal lands under the authority of the Minister of the Environment or the Parks Canada Agency.

Protection for individuals of the species against being killed, harmed, harassed, captured or taken.

Prohibition against the possession, collection, buying and selling or trading of an individual of the species or any part or derivative of this individual.

It is an offence to damage or destroy the residence of one or more individuals of a species.

The residence of extirpated species is only protected if a recovery strategy recommends reintroduction into the wild in Canada.

Table 1 Notes

Table 1 Note 1

Federal land means (a) land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land; (b) the internal waters of Canada and the territorial sea of Canada; and (c) 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 1 note 1 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 made by the GIC, on the recommendation of the Minister of the Environment.footnote 11 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

Listing a species as endangered, threatened or extirpated triggers mandatory recovery planning, by the competent minister,footnote 12 in order to address threats to the survival or recovery of the listed species.

SARA states that a proposed recovery strategy must be posted in the SAR Public Registry in accordance with the following timelines:

In preparing the recovery strategy, the competent minister must determine whether the recovery of the listed wildlife species is technically and biologically feasible. If it is not feasible, the recovery strategy must include a description of the species' needs and, to the extent possible, the identification of its critical habitat, and the reasons why its recovery is not feasible.

For wildlife species for which there has been a determination that recovery is feasible, recovery strategies include

Recovery strategies must be prepared in cooperation with

Recovery strategies must also be prepared in consultation with landowners (including provinces and territories) or other persons that the competent minister considers to be directly affected by the strategy.

The competent minister must also prepare one or more action plans based on the recovery strategy. Action plans are also prepared in cooperation and consultation with the above-mentioned individuals or organizations. SARA does not mandate timelines for their preparation or implementation; rather, these are set out in the recovery strategy. Action plans must include

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 the critical habitat be legally protected within 180 days of its identification in the recovery strategy or action plan. Protection can be achieved through provisions in or measures under SARA or any other Act of Parliament, including conservation agreements under section 11 of the Act.

If critical habitat is located in a migratory bird sanctuary under the MBCA, in a national park included in Schedule 1 of the Canada National Parks Act, in the Rouge National Urban Park established by the Rouge National Urban Park Act, in a marine protected area under the Oceans Act, or in a national wildlife area under the Canada Wildlife Act, the competent minister must publish a description of that critical habitat in the Canada Gazette within 90 days of the date that the critical habitat was identified in a final recovery strategy or action plan. Subsection 58(1) of SARA, which prohibits the destruction of critical habitat, applies to the critical habitat described in the Canada Gazette 90 days after its publication.

In the case of critical habitat identified on federal land but not found in the protected areas listed above, the competent minister must, within 180 days following the identification of this habitat in a final posted recovery strategy or action plan, either make a ministerial order under subsection 58(5) of SARA to apply subsection 58(1) of SARA, prohibiting the destruction of this critical habitat, or publish a statement on the SAR Public Registry explaining how the critical habitat (or portions of it) is protected under another Act of Parliament, including conservation agreements under section 11 of the Act.

If the critical habitat of a migratory bird species protected by the MBCA is located outside federal lands, the exclusive economic zone, the continental shelf of Canada or a migratory bird sanctuary under the MBCA, the critical habitat would be protected only once the GIC has made an order to that effect, following recommendation from the competent minister. Where the critical habitat of a migratory bird protected by the MBCA is identified in a recovery document and an order or statement explaining how the critical habitat is protected is published, the SARA prohibition against the destruction of critical habitat is broader than the protections offered under the MBCA to individuals, their eggs, nests and nest shelters.

For portions of critical habitat for species other than aquatic species or species protected under the MBCA on non-federal lands, SARA considers the protection of the critical habitat by other governments (e.g. provinces and territories). In the event that critical habitat is not protected in these areas, the GIC may, by order, apply the SARA prohibition against destruction of that critical habitat. In cases where the Minister of the Environment is of the opinion that critical habitat on non-federal lands is not effectively protected by the laws of a province or territory, by another measure under SARA (including agreements under section 11) or through any other federal legislation, the Minister must recommend an order to the GIC to apply the SARA prohibition against destruction of critical habitat on non-federal lands. Before making the recommendation, the Minister must consult with the appropriate provincial or territorial minister. In all cases, the GIC makes the final decision whether to proceed with the order to protect the critical habitat in question.footnote 13

Permits issued under SARA

A person intending to engage in an activity that is prohibited under SARA and that affects a listed species, any part of its critical habitat or the residences of its individuals may apply to the competent minister for a permit under section 73 of the Act. A permit may be issued if the Minister is of the opinion that the activity meets one of three purposes:

In addition, the permit may only be issued if the competent minister is of the opinion that the following pre-conditions are met:

Section 74 of SARA allows for a competent minister to issue permits under another Act of Parliament (e.g. the Canada National Parks Act or the MBCA) to engage in an activity that affects a listed wildlife species, any part of its critical habitat or the residences of its individuals, and have the same effect as those issued under subsection 73(1) of SARA, if certain conditions are met. This is meant to reduce the need for multiple authorizations.

For migratory birds protected by the MBCA and SARA, a SARA-compliant MBCA permit may be issued to authorize an activity affecting a listed migratory bird, instead of two separate permits being issued. In order for a single permit to be issued, all conditions set out in paragraphs 73(2) to 73(6.1) of SARA must be met. The permitting option for the particular activity must also be available under the MBCA.

Permits under SARA can be issued if an activity affects the residence of a migratory bird if that residence is not a nest or a nest shelter protected under the MBCA. Permits can also be issued under SARA for activities affecting the protected critical habitat of a listed migratory bird, because critical habitat is not protected under the MBCA.

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 supports the proactive management of the species, maximizes the probability of success of the recovery, and could help avoid higher-cost measures in the future. SARA does not require that critical habitat be identified for species of special concern.

The management plan includes conservation measures deemed appropriate to manage the wildlife species and avoid a decline of its populations. It is developed in cooperation with the appropriate provincial and territorial ministers, other federal government ministers, wildlife management boards, Indigenous organizations and in consultation with any other affected or interested stakeholders. The management plan for a species must be posted within three years of the species being listed.

New designatable units

Through the definition of wildlife species as a "species, subspecies, variety or geographically or genetically distinct population of animal, plant or other organism," SARA recognizes that conservation of biological diversity requires protection for taxonomic entities below the species level (i.e. designatable units), and gives COSEWIC a mandate to assess those entities when warranted. These designatable units and their proposed classification (e.g. endangered, threatened, species of special concern) are presented in COSEWIC assessments in the same way as with other wildlife species. In some cases, based on scientific evidence, wildlife species that were previously assessed may be reassessed and recognized to include fewer, additional or different designatable units. COSEWIC will publish assessments and classifications for any designatable units that may or may not correspond to the previously recognized wildlife species.

Should COSEWIC assess a newly defined designatable unit at the same classification level as the originally listed wildlife species, Schedule 1 of SARA may be amended to reflect this more current designatable unit, consistent with the best available scientific information. When classifications are at a different classification level than the originally listed wildlife species, Schedule 1 may also be amended to reflect this more current designatable unit and classification level.

Objective

The objectives of the proposed Order Amending Schedule 1 to the Species at Risk Act (the Order) are to help maintain Canada's biodiversity and support the well-being of Canadian ecosystems by preventing wildlife species from becoming extirpated from Canada or extinct and to contribute to their recovery, as well as to respond to COSEWIC's recommendations.

Description

COSEWIC has assessed the status of 17 wildlife species in Canada. Pursuant to section 27 of the Species at Risk Act (SARA or the Act), it is proposed that the GIC makes the Order Amending Schedule 1 to the Species at Risk Act (the Order) to add 11 species to, reclassify 5 species in, and remove one species from Schedule 1 of the Act (Table 2).

These 17 wildlife species are found across Canada, with the majority of species being found in Ontario, Quebec and British Columbia. These species were grouped together because the actions being considered under the proposed Order are anticipated to have low, if any, incremental impacts on Indigenous peoples and/or stakeholders.

Of the 17 species included in the proposed Order:

A detailed description of each species, their ranges, and their threats can be found in the Annex of this document. Additional information on these species can also be found in the COSEWIC status reports.footnote 15

Table 2: Addition (11), reclassification (5) and removal (1) of 17 wildlife species to Schedule 1 of SARA, as proposed in the Order Amending Schedule 1 to the Species at Risk Act
Taxon Species Scientific name Range
(A) Species proposed to be added to Schedule 1 (11)
Endangered (4)
Molluscs Tigersnail, Eastern Banded Anguispira kochi kochi Ontario
Lichens Lichen, Golden-eye (Great Lakes population) Teloschistes chrysophthalmus Ontario
Amphibians Ambystoma, Unisexual
(Small-mouthed Salamander dependent population)		 Ambystoma laterale - texanum Ontario
Amphibians Ambystoma, Unisexual (Jefferson Salamander dependent population) Ambystoma laterale - (2) jeffersonianum Ontario
Threatened (1)
Arthropods Grasshopper, Lake Huron Trimerotropis huroniana Ontario
Special concern (6)
Reptiles Bullsnake Pituophis catenifer sayi Alberta, Saskatchewan
Mammals Caribou (Newfoundland population) Rangifer tarandus Newfoundland
Lichens Lichen, Golden-eye (Prairie/Boreal population) Teloschistes chrysophthalmus Ontario, Manitoba
Vascular plants Bulrush, Long's Scirpus longii Nova Scotia
Arthropods Grasshopper, Magdalen Islands Melanoplus madeleineae Quebec
Arthropods Lady Beetle, Transverse Coccinella transversoguttata All provinces and territories
(B) Species proposed to be reclassified to Schedule 1 (5)
Reclassifications: Up-list (1)
From threatened to endangered (1)
Reptiles Turtle, Blanding's (Great Lakes/ St. Lawrence population Emydoidea blandingii Ontario, Quebec
Reclassifications: Down-list (4)
From endangered to threatened (2)
Vascular plants Wintergreen, Spotted Chimaphila maculata Ontario, Quebec
Reptiles Turtle, Western Painted (Pacific Coast population) Chrysemys picta bellii British Columbia
From endangered to special concern (1)
Mosses Cord-moss, Rusty Entosthodon rubiginosus British Columbia, Saskatchewan
From threatened to special concern (1)
Vascular plants Aster, Anticosti Symphyotrichum anticostense Quebec, New Brunswick
(C) Species proposed to be removed from Schedule 1 (1)
From special concern to not at risk (1)
Arthropods Skipper, Sonora Polites sonora British Columbia

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 afford legal protection by listing a wildlife species on 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 for determining whether or not wildlife species will be listed under SARA and receive legal protections.

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, and comments received from those who would be most affected by the proposed changes are given particular consideration.

The Department begins initial public consultations with the posting of the Minister's response statements in the SAR 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 are also consulted by means of publicly posted documents titled Consultation on Amending the List of Species under the Species at Risk Act: Terrestrial Species. These documents were published in January 2016 (PDF), January 2017 (PDF) and January 2018 (PDF) for the species included in this proposed Order.

The consultation documents provide 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 2 600 individuals and organizations, including Indigenous peoples and organizations, provincial and territorial governments, various industrial sectors, resource users, landowners and environmental non-governmental organizations with an interest in a particular species.

Initial consultation results summary

Initial consultations with interested stakeholders and the general public started in January 2016 for the Caribou (Newfoundland population); in January 2017 for the Lake Huron Grasshopper, Unisexual Ambystoma (Jefferson Salamander dependent population) and Unisexual Ambystoma (Small-mouthed Salamander dependent population); and in January 2018 for the Anticosti Aster, Blanding's Turtle (Great Lakes/St. Lawrence population), Bullsnake, Eastern Banded Tigersnail, Golden-eye Lichen (Great Lakes population), Golden-eye Lichen (Prairie/Boreal population), Long's Bulrush, Magdalen Islands Grasshopper, Rusty Cord-moss, Sonora Skipper, Spotted Wintergreen, Transverse Lady Beetle, and Western Painted Turtle (Pacific Coast population).

The Department of the Environment received 56 comments regarding the species included in the proposed Order. Comments were received from provinces, territories, environmental non-governmental organizations, individual First Nations, Indigenous organizations, wildlife management boards, industry organizations, and individuals. The vast majority of comments supported or did not oppose the modifications to Schedule 1 of SARA, and no comment was received in opposition to the proposed listing recommendations. Specifically, 24 comments were supportive, 19 did not oppose, and 13 acknowledged receipt.

Initial listing comments

Three comments pertaining to Caribou (Newfoundland population) were received as part of the 2016 consultation period from two environmental non-governmental organizations and one individual. One of the environmental non-governmental organizations supported the listing citing the application of the precautionary principle. The other did not oppose the listing, and expressed its increasing concern for the long-term sustainability of the Woodland Caribou on the island of Newfoundland. The individual did not oppose the proposed designation of special concern, and also cited the precautionary principle, suggesting a higher classification be warranted for this species due to ongoing threats to individuals and habitat. The precautionary approach has been useful in designating the Caribou (Newfoundland population) as a species of special concern, since the species' population estimates are relatively high. The Department is committed to working collaboratively with provinces to ensure that appropriate measures are developed in the species' management plan to support the species' recovery.

Four comments were received during the 2017 consultation period from a province and a First Nation, pertaining to the Lake Huron Grasshopper, Unisexual Ambystoma (Jefferson Salamander dependent population) and Unisexual Ambystoma (Small-mouthed Salamander dependent population). The province indicated its support for the listing of all three species, while the First Nation indicated a lack of resources to respond. Forty-nine comments were received during the 2018 consultation period, pertaining to the Anticosti Aster, Blanding's Turtle (Great Lakes/St. Lawrence population), Bullsnake, Eastern Banded Tigersnail, Golden-eye Lichen (Great Lakes population), Golden-eye Lichen (Prairie/Boreal population), Magdalen Islands Grasshopper, Rusty Cord-moss, Spotted Wintergreen, Transverse Lady Beetle, and Western Painted Turtle (Pacific Coast population). These comments came from provinces, Crown corporations, Indigenous peoples, wildlife management boards, and environmental non-governmental organizations. Of these comments, 20 were supportive of the proposed listing, 18 comments did not oppose the proposed listing, and no comments were received opposing the proposed listing of these species. No comments pertaining specifically to Long's Bulrush or Sonora Skipper were received.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on Regulation, an assessment of modern treaty implications was conducted on the regulatory proposal.

The proposed Order Amending Schedule 1 to the Species at Risk Act pertains to the addition, reclassification and delisting of 17 species, two of which are found on federal lands, in areas with modern treaties:

After careful modern treaty provision analysis regarding wildlife management, it has been determined that, considering there would be no change in the application of SARA general prohibitions on federal lands for the Western Painted Turtle (Pacific Coast population) due to its reclassification from endangered to threatened, and that no SARA prohibitions would apply for the Transverse Lady Beetle's proposed addition to Schedule 1 as a species of special concern, there would be no incremental impacts on Indigenous peoples, and no impacts on modern treaty rights.

Section 35 of the Constitutional 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. The Government of Canada has a duty to consult, and where appropriate, accommodate Indigenous groups when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights.

Six species in this proposed Order occur on First Nations lands, and no costs to Indigenous peoples are expected for the following reasons:

Of the 49 comments received for the 2018 consultation period, 31 were from Indigenous peoples, including First Nations (i.e. councils, confederacies, bands), Indigenous organizations or governments, or wildlife management boards. Eleven of those comments approved, 10 did not oppose, and none opposed the proposed listing. Three First Nations requested more information about the listing process or a specific species proposed to be listed. A First Nation and a wildlife management board requested to be further consulted in future proposed listing processes, and five comments from First Nations indicated that they lacked, or requested, the necessary funding to participate in consultations regarding this proposed listing of the species.

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 is taking measures to have meaningful consultations with Indigenous peoples and organizations. These measures include the provision of non-financial support, such as information materials (fact sheets, presentations, maps, etc.) or a face-to-face meeting to support participation in consultations. In parallel, discussions are taking place with interested Indigenous communities to determine the most appropriate approaches to consult with them.

The Transverse Lady Beetle is found in areas in which wildlife management boards are authorized, by a land claims agreement, to perform functions in respect of a wildlife species. The Department prioritizes the implication of wildlife management boards in the decision-making process related to wildlife species listings. Eighteen wildlife management boards have been identified in the response statements to the assessment submitted from COSEWIC for the species, and were consulted according to the processes outlined in the Land Claim Agreements. Five wildlife management boards submitted resolutions in response either supporting the proposed listing or exercising their discretion to not perform their decision-making functions regarding the proposed listing of the Transverse Lady Beetle to the special concern status. The remaining wildlife management boards and councils did not submit resolutions, after multiple contact attempts by the Department. The Department provided an updated table with all of the species proposed to be listed, sent reminder emails twice, and a final postal letter within a period of 4 months.

Instrument choice

The Species at Risk Act stipulates that, after receiving an assessment from COSEWIC on the status of a wildlife species, the Minister of the Environment must make a recommendation to the GIC to either (1) add the species to Schedule 1; (2) not to add the species to Schedule 1; or (3) refer the matter back to COSEWIC for further consideration. The obligation for the Minister to make a recommendation to the GIC cannot be bypassed.

Regulatory analysis

Benefits and costs

The qualitative and quantitative incremental impacts (benefits and costs) of the proposed Order have been analyzed as per TBS guidelines. Incremental impacts are defined as the differences between the baseline scenario and a scenario in which the proposed Order is implemented over the same period. The baseline situation includes activities ongoing on federal lands where a species is found, and incorporates any projected changes over the next 10 years that would occur without the proposed Order in place.

An analytical period of 10 years has been selected, because the status of the species must be reassessed by COSEWIC every 10 years. Costs provided in present value terms were discounted at 3% over the period of 2021 – 2030. Unless otherwise noted, all monetary values reported in this analysis are in 2020 constant dollars.

Overall, the Order is expected to benefit the Canadian society. Protection of the species in these listings would preserve associated socio-economic and cultural values, existence and option values as well as benefits 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 enforcement and compliance promotion.

Since critical habitat is only identified in a recovery strategy or action plan 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. The analysis is thereby based on the best available information at this stage.

Benefits and costs summary

Aside from permit-related expenses, the proposed Order is not anticipated to impose incremental costs on Indigenous peoples and/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 compliance promotion and enforcement activities.

Based on the list of species included in the proposed Order, the overall net cost to Government has been estimated at approximately $316,000 to $410,000 over ten years (2021 – 2030), discounted at 3% to a base year of 2020. For all permits, the incremental cost to applicants (i.e. industry, First Nations, other levels of government, research and science) is estimated at $1,100.

I. Benefits

Under SARA, endangered, threatened, extirpated species benefit from the development of recovery strategies and action plans that identify the main threats to their survival, as well as identify, when possible, the habitat that is necessary for 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 would 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 would also provide an opportunity to consider the impact of measures to recover the species and to consult with Indigenous peoples and stakeholders. These activities may be augmented by actions from local governments, stakeholders and/or Indigenous peoples to protect species and habitats, for example, through projects funded through the Habitat Stewardship Program,footnote 16 which requires support and matching funds from other sources. These projects enhance the ability to understand and respond effectively to the conservation needs of these species and their habitats.

The special concern designation would also serve 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 potentially preventing higher-cost measures in the future.

The incremental benefit of down-listing to species of special concern 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. In addition, the down-listing of two species (Anticosti Aster and Rusty Cord-moss) from threatened or endangered to species of special concern would result in avoided costs, since the development of action plans would no longer be required.footnote 17 This avoided cost to government is estimated at about $20,000 per species (undiscounted). Since for these species SARA's general prohibitions would no longer apply, there could also be avoided costs to Indigenous peoples and stakeholders who would no longer need to apply for a permit or mitigate their practices to respect the prohibitions.

One benefit of reclassifying species from threatened to endangered or vice versa is the alignment of the designation with the best available scientific information, as provided by COSEWIC. This allows for better decision-making regarding the species and its conservation prioritization. The recommended up-listing of one species from threatened to endangered (Blanding's Turtle — Great Lakes/St. Lawrence population) would also lead to national recognition that this species is facing higher risks of extirpation or extinction.

Preventing the extinction or extirpation of these species would likely result from a combination of the proposed Order and additional protection measures undertaken by various levels of governments, Indigenous peoples and stakeholders. Such measures are an integral part of maintaining biodiversity in Canada and conserving Canada's natural heritage, which in turn provide benefits to the Canadian society. Therefore, the expected benefits cannot be attributed to the proposed Order alone, but are provided for context.

The species in this proposal provide various types of benefits to Canadians, as discussed below.

(a) Socio-economic and cultural values for Indigenous peoples

Of the species recommended for a listing decision, Caribou (Newfoundland population), Western Painted Turtle (Pacific Coast Population), and Blanding's Turtle (Great Lakes / St. Lawrence population) are central to the ways of life of many Indigenous peoples, providing unique economic, social and cultural benefits. For many Indigenous communities, caribou have been one of the primary sources of traditional food and nutrition. Using the caribou meat and other parts allows for avoiding costs of store-bought food and goods.footnote 18 Additionally, the communities may derive economic benefits from the sale of hides, fur, and artefacts made from parts of the animal. The traditional caribou hunt supports social cohesion, and contributes to preservation of Indigenous culture, languages and tradition.footnote 19,footnote 20 Caribou are recurrent and central in Indigenous stories, songs, art and ceremonies.footnote 21 Turtles also have a strong cultural significance.footnote 22 Turtles are presents in many traditional stories, such as the Creation story that describes how the Earth was created on the back of a turtle.footnote 23 This is why North America is traditionally referred to as “Turtle Island.” Turtles are widely depicted in Indigenous art and the bones and shells of Painted Turtles as well Blanding's Turtles are used to make utensils and ceremonial objects.footnote 24 Additionally, there is evidence that Painted Turtles have been an important food source for many Indigenous peoples.footnote 25 The Spotted Wintergreen has been used traditionally for medicinal purposes such as treating colds and fevers or in tea for arthritis.footnote 26,footnote 27,footnote 28

(b) Pest control benefits

The Bullsnake, Transverse Lady Beetle, Unisexual Ambystoma (Small-mouthed Salamander dependent population) and Unisexual Ambystoma (Jefferson Salamander dependent population) provide pest control services. In Saskatchewan and Alberta, the Bullsnake feeds on small mammals that can be harmful to agricultural crops.footnote 29 Farmers have used Bullsnakes as a form of squirrel and pocket gopher control.footnote 29 The Transverse Lady Beetle protects garden and agricultural crops against aphid species and other insect pests.footnote 30 Similarly, the Unisexual Ambystoma larvae are aquatic predators that feed on various insect larvae.footnote 31

(c) Nutrient cycling

Several of the species recommended for a listing decision are beneficial for nutrient cycling and maintenance of productive ecosystems as a result of their diet and movement (including seasonal migration). For example, the Eastern Banded Tigersnail aids in decomposition, nutrient cycling and soil building processes by eating both dead and living organic material such as dead plants and fungi.footnote 32,footnote 33 Grasshoppers consume nitrogen-rich plants, and their excrements can increase the rate of nitrogen return from plants to soil.footnote 34,footnote 35 Through migration, the Unisexual Ambystomafootnote 36,footnote 37 and caribou also contribute to nutrient cycling. The Unisexual Ambystoma migrates between breeding ponds, dispersing nutrients between aquatic and terrestrial environments. The Newfoundland population of Caribou consumes a diet rich in nitrogen, and contributes to nutrient cycling through droppings during seasonal migration.footnote 38,footnote 39

(d) Provision of food for other animals

Several of the species recommended for a listing decision have an important ecological role as food for other species, supporting their survival and, in turn, the benefits they provide. Of the plants, the Anticosti Aster provides nectar for various insects, including bees,footnote 40,footnote 41 while the Long's Bulrush can be a major source of food for insects and muskrats.footnote 42 The insects — the Lake Huron Grasshopper, Magdalen Islands Grasshopper, and Transverse Lady Beetle — are preyed upon by birds, spiders, and some mammals, including raccoons, the deer mouse, and the red fox.footnote 43,footnote 44,footnote 45 A variety of amphibians, reptiles, birds, and both small and larger mammals feed on the Eastern Banded Tigersnail,footnote 46 the Unisexual Ambystoma (both adult and larvae),footnote 36 and Western Painted Turtle's eggs.footnote 47 The Newfoundland population of Caribou is preyed upon by coyotes and black bears.footnote 48

(e) Bio-indicator value

Several of the recommended species serve as indicators of the status of ecosystems and environment. For example, in forest regions, the Golden-eye Lichen is an indicator of air purity.footnote 49,footnote 50 The two Unisexual Ambystoma from this listing respectively depend on a population of salamanders. Salamanders are both prey and predator species; they are an essential link in the food chain, and are highly sensitive to small changes in their habitat.footnote 51,footnote 52 For example, the Jefferson Salamander, on which one of the populations of the Unisexual Ambystoma depends, is an indicator species of high-quality seasonal pools.footnote 53

(f) 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 species recommended for a listing decision are available, related studies indicate that society places substantial value on vulnerable species, and especially charismatic, symbolic, or emblematic species.footnote 54,footnote 55,footnote 56 For example, the Blanding's Turtle has been used by several organizations as a flagship species to help raise support for conservation research.footnote 57 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 58,footnote 59 For instance, in a 2011 Alberta study, households surveyed were willing to pay, on average, approximately $197 per year for 50 years to ensure 3 self-sustaining Woodland Caribou herds, and approximately $349 per year for 50 years for 13 self-sustaining Woodland Caribou herds.footnote 60 Similar attitudes toward caribou conservation are likely to be shared by other Canadians for Caribou (Newfoundland population) specifically, although the total willingness to pay for protection may be lower since this species has not faced the same sharp declines as Woodland Caribou.

(g) Option value

The Canadian public and firms may value the preservation of genetic information that may be used in the future for biological, medicinal, genetic and other applications.footnote 61 Several of the species recommended for a listing decision are associated with such values (i.e. option values). In genetic research, studies have focused on the Western Painted Turtle, the Blanding's Turtle and the Unisexual Ambystoma due to these species' unique genetic systems,footnote 62,footnote 63 characteristics such as longevity,footnote 57 and the ability to tolerate extreme environmental conditions.footnote 64 Other species, like the caribou (and specifically their antlers and bone marrow), may have human health benefits.footnote 65,footnote 66 Genetic and genomic information could also be used to inform research on evolutionary history, ungulate fitness and diseases (including resistance and susceptibility), and functional genomics.footnote 67,footnote 68 As noted above, the Spotted Wintergreen has been used for medicinal purposes.

II. Costs

The costs associated with the proposed Order were evaluated according to the level of impact on Indigenous peoples and stakeholders and placed into categories, as illustrated in Table 3.

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

The analysis is based on the best available information received to date.

Table 3: Costs to Indigenous peoples and stakeholders by listing category
Proposed amendments to Schedule 1 Species Costs
New listing as endangered or threatened (five species) Lake Huron Grasshopper; Eastern Banded Tigersnail; Unisexual Ambystoma (Small-mouthed Salamander dependent population); Unisexual Ambystoma (Jefferson Salamander dependent population); Golden-eye Lichen (Great Lakes population)

The general prohibitions are only triggered for species found on federal lands.

Of the five species, only two occur on federal lands: the Eastern Banded Tigersnail and the Unisexual Ambystoma (Jefferson Salamander dependent population). For these species, minimal costs related to permit applications could be incurred. Applications must meet preconditions in order for a permit to be issued.
Up-listing/down-listing in status threatened and endangered or vice versa or maintaining same status (three species) Spotted Wintergreen; Western Painted Turtle (Pacific Coast population); Blanding's Turtle (Great Lakes/St. Lawrence population) The proposed species reclassifications from threatened to endangered (and vice versa) would not result in new costs to Indigenous peoples and stakeholders because both statuses confer the same level of protection for the listed species.
Listing or reclassification to level of species of special concern (eight species) Long's Bulrush; Golden-eye Lichen (Prairie/Boreal population); Transverse Lady Beetle; Magdalen Islands Grasshopper; Bullsnake; Caribou (Newfoundland population); Rusty
Cord-moss; Anticosti Aster		 SARA's general prohibitions do not apply to species of special concern. As a result, the listing of these species would not create any incremental costs to Indigenous peoples and stakeholders.
(a) Costs to Indigenous peoples and stakeholders

SARA's general prohibitions do not apply to species of special concern, meaning that the listing of these species does not create any incremental costs to Indigenous peoples and stakeholders. Likewise, the reclassification of species from threatened to endangered and vice versa does not result in new costs to Indigenous peoples and stakeholders, because both statuses receive identical protections. The general prohibitions are not triggered for species not found on federal lands, resulting in no new impacts on Indigenous peoples or stakeholders. There could be minimal costs related to permit applications for species found on Parks Canada lands and other federal lands.

Although SARA's general prohibitions apply across the Parks Canada Agency's network of protected heritage places upon listing, species are already afforded protection in the national parks and national historic sites under the Canada National Parks Act (CNPA). General prohibitions apply on federal lands, such as reserves; however, the prohibitions that apply to the species in this proposed Order found on a reserve (Unisexual Ambystoma, Jefferson Salamander dependent population) are expected to have no to limited impact. The Unisexual Ambystoma (Jefferson Salamander dependent population) and the Jefferson Salamander, on which it depends for reproduction, can only be differentiated by performing genetic analysis. The Jefferson Salamander is already listed as endangered in Schedule 1 of the Act and benefits from SARA general prohibitions, and both salamanders share the same critical habitat requirements.footnote 69 Therefore, no incremental costs to Indigenous peoples and stakeholders are expected as a result of the listing of the species on Parks Canada lands and other federal lands, other than the potential cost of permit applications. See the “Permit applications” section below for details on costs.

There may be costs to Indigenous peoples and stakeholders for voluntarily participating in the process of recovery strategy, action plan or management plan development. These costs have not been estimated, because they may vary widely depending on the species in question and the chosen level of engagement.

(b) Costs to the Government of Canada

As outlined in Table 4 below, the costs to the Government of Canada differ depending on the listing category.

Table 4: Type of listing and associated costs to the Government of Canada
Type of listing SARA requirements Estimated cost per species
Species of special concern Development of a management plan $10,000 to $15,000
Reclassification from endangered to threatened or vice versa Updating the recovery strategy $3,000 to $10,000
Endangered, threatened or extirpated Development of a recovery strategy and action plan $20,000 to $25,000 per document
Removed from Schedule 1 N/A N/A

As noted in Table 3, eight species are proposed to be listed or reclassified as species of special concern. For these, the identification of critical habitat would not be required. A management plan would need to be prepared and published within three years of listing. The development of management plans is expected to cost approximately $10,000 per species, for an undiscounted total of $80,000 to $120,000 for the species in this group.

Three species are proposed to be reclassified from threatened to endangered or vice versa. Under SARA, endangered and threatened species receive identical protections. Therefore, the requirements for preparing recovery strategies and action plans and identifying critical habitat would be the same for both endangered and threatened species.footnote 70 For these species, updates to the existing recovery strategies and action plans would be required following reclassification, with an estimated cost between $3,000 and $10,000 per document per species, with the cost varying by species. The recovery strategy for the Blanding's Turtle (Great Lakes/St. Lawrence population) was published in 2018 under the initial threatened designation and therefore would only need minor changes, which would result in an expenditure of approximately $3,000. The Western Painted Turtle (Pacific Coast population) and the Spotted Wintergreen require updates to their recovery strategies and are associated with the higher cost estimate in the analysis. In addition, an action plan would need to be prepared and published within five years of the publication of the recovery strategy, which is estimated to cost between $20,000 and $25,000. Therefore, the total undiscounted cost to the Government of Canada for this group is estimated at $80,000 to $98,000.

Five species have been newly assessed by COSEWIC as endangered or threatened. Of these, three are not known to exist on federal lands: the Unisexual Ambystoma (Small-mouthed Salamander dependent population), the Golden-eye Lichen (Great Lakes population), and the Lake Huron Grasshopper. One species — the Eastern Banded Tigersnail — is found in Point Pelee National Park. The Unisexual Ambystoma (Jefferson Salamander dependent population) is found on three federal land properties. As previously mentioned, the Unisexual Ambystoma (Jefferson Salamander dependent population) shares the same critical habitat as the Jefferson Salamander, which is already protected under SARA; therefore, there would be no additional costs associated with general prohibitions for this species. Efforts to recover these five species through the development of both recovery strategies and action plans are estimated to cost between $40,000 and $50,000 per species. The total undiscounted cost to the Government of Canada is estimated at $200,000 to $250,000. Compliance promotion would also be required for the species in this group, for an estimated total cost of $2,000 in the first year.

The Sonora Skipper, previously listed as a species of special concern, was reassessed by COSEWIC and is now proposed to be considered no longer at risk. There would be no incremental costs for the delisting.

III. Permit applications

Although it is not certain that additional permit requirements will be triggered as a result of the listing decisions, permits will be required for activities that would otherwise be prohibited under SARA. The assumptions on the number of potential permit applications were based on previously requested permits.

It is assumed that there may be one permit application per federal property with species occurrence, and one additional permit application for Parks Canada lands. The permit applications would be for research or activities that benefit the species and would be prepared by academic institutions or other research organizations (e.g. non-governmental organizations, governments). Furthermore, for properties that already require a permit under another Act of Parliament for an activity to take place (e.g. a national park, a national wildlife area), the permit application cost would be only the additional cost required 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). The various costs related to a permit application are presented in Table 5 below.

Table 5: Permit application costs
Type of permit application Cost per permit
Applicant
Industry, including Indigenous peoples (incidental take permit) $2,500
Industry (incidental take permit) — SARA compliant increment only $600
Researcher/scientist (research permit) $1,200
Researcher/scientist (research permit) — SARA compliant increment only $300
Parks Canada on Parks Canada land $760
Administrative costs to the Government of Canada
Government
New permit — Environment and Climate Change Canada $3,000
SARA compliant increment — federal government $680

Note: The estimates have been rounded.

As stated above and summarized in Table 3, there is one species in this listing proposal found on federal lands: the Eastern Banded Tigersnail is found in a national park, which could lead to new permit applications. Therefore, it is assumed that the proposed Order would trigger up to two new permit applications (i.e. two for Parks Canada).

The Eastern Banded Tigersnail is found on Parks Canada lands in Point Pelee National Park. It is assumed that one permit may be requested by businesses or researchers per national park per species. In this case, in the absence of further information, it is assumed that the applicant would be a researcher. For researchers, applying for SARA permits where a previous Canada National Parks Act (CNPA) permit was required may involve incremental costs of $300 per permit. Further, one assessment per species may result in an additional permit application by Parks Canada for projects on Parks Canada lands. Parks Canada applicants that apply for a SARA permit within national parks would assume a cost of up to $760 per species.

The incremental costs to the Government of Canada for SARA-compliant permit applications are $680 per permit, including costs associated with reviewing permits, assessing applications, and communicating with applicants. Therefore, the total incremental costs to applicants in the Point Pelee National Park are estimated at $1,360 (undiscounted). The total incremental costs to the Government of Canadafootnote 71 associated with the review of these permit requests in the 10 years following the listing could be up to $1,360 (undiscounted).

Implications for environmental assessments

There could be some implications for projectsfootnote 72 required to undergo an environmental assessment by or under an Act of Parliament (hereafter referred to as 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, ensuring that measures are taken to avoid or lessen those effects and to monitor them. However, the Department always recommends to proponents in environmental assessment guidelines (early in the environmental assessment process) to evaluate effects on species already assessed by COSEWIC that may become listed on Schedule 1 of SARA in the near future, so 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, 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, whether on federal or 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.

Small business lens

The small business lens analysis concluded that there are no associated impacts on small businesses.

One-for-one rule

The Department does not anticipate any permit application from businesses. Therefore, the one-for-one rule does not apply as there is no change in the administrative burden on businesses.

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 proposed Order Amending Schedule 1 to the Species at Risk Act would complement this existing protection. Those statuses are shown in Table 6.

Table 6: Provincial and territorial designations of the 17 species included in the proposed Order Amending Schedule 1 to the Species at Risk Act
Common species name Range Proposed SARA listing Provincial /
Territorial legislation		 Status
Bullsnake

Alberta

Saskatchewan

 Special concern

Alberta's Wildlife Act

Saskatchewan's Wildlife Act, 1998

Sensitive

No status
Caribou (Newfoundland population) Newfoundland and Labrador Special concern Newfoundland and Labrador's Endangered Species Act No status
Transverse Lady Beetle All regions Special concern All No status
Golden-eye Lichen (Prairie/Boreal population)

Ontario

Manitoba

 Special concern

Ontario's Endangered Species Act, 2007

Manitoba's Endangered Species and Ecosystems Act

No status

No status
Long's Bulrush Nova Scotia Special concern Nova Scotia's Endangered Species Act Vulnerable
Magdalen Islands Grasshopper Quebec Special concern Quebec's Act respecting threatened or vulnerable species No status
Lake Huron Grasshopper Ontario Threatened Ontario's Endangered Species Act, 2007 Threatened
Eastern Banded Tigersnail Ontario Endangered Ontario's Endangered Species Act, 2007 Endangered
Golden-Eye Lichen (Great Lakes population) Ontario Endangered Ontario's Endangered Species Act, 2007 Endangered
Unisexual Ambystoma (Small-mouthed Salamander dependent population) Ontario Endangered Ontario's Endangered Species Act, 2007 Endangered
Unisexual Ambystoma (Jefferson Salamander dependent population) Ontario Endangered Ontario's Endangered Species Act, 2007 Endangered
Anticosti Aster

Quebec

New Brunswick

 Threatened to special concern

Quebec's Act respecting threatened or vulnerable species

New Brunswick's Endangered Species Act (2012)

Threatened

Endangered
Rusty Cord-moss

British Columbia

Saskatchewan

 Endangered to special concern

British Columbia Wildlife Act

Saskatchewan's Wildlife Act, 1998

Imperiled/Vulnerable

No status
Western Painted Turtle (Pacific Coast population) British Columbia Endangered to threatened British Columbia Wildlife Act Critically imperiled /
Imperiled
Spotted Wintergreen

Ontario

Quebec

 Endangered to threatened

Ontario's Endangered Species Act, 2007

Quebec's Act respecting threatened or vulnerable species

Threatened

Extirpated from Quebec
Blanding's Turtle (Great Lakes / St. Lawrence population)

Ontario

Quebec

 Threatened to endangered

Ontario's Endangered Species Act, 2007

Quebec's Act respecting threatened or vulnerable species

Threatened

Threatened
Sonora Skipper British Columbia Special concern to not at risk British Columbia Wildlife Act Critically imperiled /
imperiled

Environment and Climate Change Canada also works with its federal partners (i.e. Fisheries and Oceans Canada, and Parks Canada) to determine the impact of the listing of species.

Strategic environmental assessment

A strategic environmental assessment concluded that the proposed Order would 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 proposed Order would 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 proposed amendments to Schedule 1 of SARA would also support the Federal Sustainable Development Strategy (FSDS)footnote 73 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 would support this goal by helping to ensure that species are provided appropriate protection. They would 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 would also support the 2030 Agenda for Sustainable Development Goalsfootnote 74 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 proposal, 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 proposed Order. The analysis found that, in general, Canadians benefit positively from the protection of species at risk and from maintaining biodiversity. No GBA+ impacts have been identified.

Indigenous peoples

The caribou, turtles and a species of plant included in this proposed Order are considered of strong cultural, social or socio-economic significance to Indigenous peoples.

The listing of new species to Schedule 1 of SARA or their reclassification as threatened or endangered from special concern triggers the application of the general prohibitions to kill, capture or harm the protected species. When this general prohibition is implemented, it may disproportionately impact Indigenous peoples due to the inclusion of reserves in the SARA definition of federal lands, to which the Act specifically applies, and considering the cultural, social and socio-economic significance of certain species. However, in this particular case, the proposed Order is not expected to have any incremental impacts on Indigenous groups or their traditional activities as although some species occur on reserves, no additional prohibitions would apply as a result of the proposed listing changes. Therefore, no direct disproportionate impacts on Indigenous groups are expected as a result of the proposed Order, specifically. Caribou (Newfoundland population) is proposed to be listed as a species of special concern, which does not trigger SARA prohibitions; therefore, no direct impact to traditional activities is expected. However, the listing of a species as a species of special concern requires the development of a management plan. In the development of this plan, the minister is required to cooperate with different stakeholders as listed in subsection 66(1) of SARA, which include Aboriginal organizations that the competent minister considers would be directly affected by the management plan. These organizations may be involved in making decisions and recommendations with respect to the management of species in their settlement areas. Although the Caribou (Newfoundland population) is not found on First Nations lands on the island of Newfoundland, they may still be involved in the development of a management plan for the species, at their discretion.

The Blanding's Turtle (Great Lakes / St. Lawrence population) is proposed to be reclassified from threatened to endangered, and the Western Painted Turtle (Pacific Coast population) is proposed to be reclassified from endangered to threatened. Both species are found on multiple First Nations lands in Ontario and Quebec, and in British Columbia, respectively. The Spotted Wintergreen is proposed to be reclassified from endangered to threatened. Some Indigenous communities have shared traditional knowledge regarding the use of Spotted Wintergreen as a medicinal plant. The plant is possibly found on some First Nations lands in Ontario and Quebec. As SARA protections would remain the same after the proposed reclassifications of these four species, no impacts to Indigenous peoples, their traditional activities, or stakeholders are expected.

Rationale

Biodiversity is crucial to ecosystem productivity, health and resiliency, yet is rapidly declining worldwide as species become extinct.footnote 75 The proposed Order supports the survival and recovery of 17 species at risk in Canada, thus contributing to the maintenance of biodiversity in Canada. In the case of the 8 endangered or threatened species, they would 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 would benefit from the development or update of recovery strategies and action plans that identify the main threats to species survival or recovery, as well as identify, when possible, the critical habitat that is necessary for their survival and recovery in Canada. In addition, 8 species proposed to be listed or reclassified as species of special concern would benefit from the development of a management plan, which includes measures for the conservation of the species.

In summary, listing of the species would benefit Canadians in many ways, yet no major costs would be borne by Indigenous peoples or stakeholders. The costs to Government are expected to be relatively low.

Implementation, compliance and enforcement, and service standards

Implementation

Following the proposed listing, the Department 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 proposed Order, the recovery planning process that follows listing or reclassification, how Indigenous peoples and stakeholders can get involved, as well as general information on each of the species. These resources would be posted on the SAR Public Registry. Mail-outs and presentations to targeted audiences may also be considered as appropriate.

In Parks Canada Agency heritage places,footnote 76 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 of the proceeds of their 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 above, 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 77 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 measures its service performance annually, and performance information is posted on the Department websitefootnote 78 no later than June 1 for the preceding fiscal year.

Contact

Paula Brand
Director
Species at Risk Act Policy and Regulatory Affairs
Canadian Wildlife Service
Department of the Environment
Gatineau, Quebec
K1A 0H3
Telephone: 1‑800‑668‑6767
Email: ec.LEPreglementations-SARAregulations.ec@canada.ca

Annex — Description of species proposed to be added to, reclassified in or removed from Schedule 1 of the Species at Risk Act

Anticosti Aster (Symphyotrichum anticostense)

The Anticosti Aster is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as a species of special concern in April 2017.

About this species

Anticosti Aster is a tall, herbaceous plant species measuring 10 to 75 cm that spreads by long rhizomes to form loose clonal colonies. Flowers are purple and yellow, and on long-stalked flower heads. Anticosti Aster is a Holocene (less than 11 700-year-old) species that originated by hybridization of the New York Aster and the Rush Aster. In Canada, Anticosti Aster is restricted to calcareous shores of large rivers in Eastern Quebec and New Brunswick.

Benefits

Provision of food for other species.

Consultations

Consultations were undertaken for this species from January to May 2018. Four comments were received, including one in support of the proposed listing, which came from a province, and three not opposing, which came from two First Nations and a federal department.

Rationale for reclassification

Threats to the Anticosti Aster include shoreline development, recreational activities, dam construction, woody debris, grazing by white-tailed deer, hybridization and invasive species. A recovery strategy has been posted for this species after it was listed as threatened in 2000. Since the last assessment, extensive searching resulted in the documentation of several new populations. 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.

Blanding's Turtle (Great Lakes/St. Lawrence population) (Emydoidea blandingii)

The Blanding's Turtle (Great Lakes/St. Lawrence population) is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as endangered in November 2016.

About this species

The Blanding's Turtle is a medium-sized freshwater turtle species with a smooth, high-domed carapace, which is black to dark brown and may have yellow streaks or flecks. In Canada, the Great Lakes/St. Lawrence population of the Blanding's Turtle occurs in around the Great Lakes in southern Ontario and east to extreme southwestern Quebec, particularly in the Outaouais region. Turtles, including the Blanding's Turtle, are used by Indigenous peoples for food, crafts, and ceremonial purposes, and play an important role in Indigenous spiritual beliefs.

Benefits

Socio-economic and cultural values for Indigenous peoples, existence value, option value.

Consultations

Consultations were undertaken for this species from January to May 2018. Eight comments were received regarding the Blanding's Turtle (Great Lakes/St. Lawrence population). Three of those supported the proposed listing, and came from a province, a First Nation and a Crown corporation. Five comments, which did not oppose, came from two industries, two First Nations and a federal department.

Rationale for reclassification

The main threats to this turtle are road and railway networks, exotic and invasive species (European Common Reed), residential and commercial development, human-subsidized predators, illegal collection, and changes to natural systems due to water management and dredging. According to quantitative analyses, the total number of mature individuals in this population has declined more than 60% over the last three generations and will decline 50% over the next three generations because of road mortality alone.

A recovery strategy and four action plans have already been posted for this species in the SAR Public Registry following its initial listing as threatened in 2006. Reclassifying the species from threatened to endangered recognizes that the species is still under threat. This status change would not affect the existing SARA general prohibitions already in place for this species, and the recovery strategy would need to be updated with the most recent and accurate scientific information within one year of changing its SARA status.

Bullsnake (Pituophis catenifer sayi)

COSEWIC assessed the Bullsnake as a species of special concern in April 2017.

About this species

The Bullsnake is one of three subspecies of gophersnakes in Canada, and one of the largest species of snake in Canada. Adults are yellowish with black, brown, or reddish-brown blotches on their dorsal and lateral scales and are non-venomous. The species occurs in short- and mixed-grass prairie habitats around badlands along major river valleys and hibernates communally, often with other snake species. In Canada, the Bullsnake is found in Alberta and Saskatchewan, at the northern extent of its global range.

Benefits

Pest control services.

Consultations

Consultations were undertaken for this species from January to May 2018. No comment specific to the Bullsnake was received in regard to its designation as a species of special concern.

Listing rationale

The Bullsnake is affected by habitat loss and roadkill, and may become threatened if threats are not mitigated. Although the severity of threats across the species' range is not currently fully understood, the impact of those threats is potentially significant. The species is especially vulnerable to increased mortality because of its low abundance, late maturity and low rate of productivity.

Although listing the species as a species of special concern would not result in prohibitions under SARA, it would contribute to the conservation of the species in Canada by requiring the development of a management plan, which would include measures to prevent the species from becoming further at risk.

Caribou (Rangifer tarandus) [Newfoundland population]

COSEWIC assessed the Caribou (Newfoundland population) as a species of special concern in November 2014.

About this species

Caribou are a medium-sized member of the deer family with relatively long legs and large hooves, which facilitate survival in northern environments. Caribou habitat selection is complex, and occurs at multiple spatial and temporal scales, and the avoidance of predation appears to dictate habitat use. Habitats available for this population of caribou include small to extensive patches of coniferous forests, barren lands, shrub lands and bog/wetland complexes. Wetlands, barren lands, and shrub lands are generally preferred during snow-free seasons, and mature old-coniferous forests are used in winter. In Canada, this population of caribou inhabits the entire island of Newfoundland, although areas of higher abundance were identified. Caribou are of great socio-economic, cultural and social significance to Indigenous peoples.

Benefits

Socio-economic and cultural values for Indigenous peoples, provision of food for other species, existence value, and option value.

Consultations

Consultations were undertaken for this species from January to October 2016. Three comments were received from two environmental non-governmental organizations and one individual. One comment supported the proposed listing, and two comments did not oppose.

Listing rationale

Since 2002, this population of caribou has fluctuated in abundance and has declined by approximately 60% over the last three generations (18 years). The decline was due to limited forage when the population was at high density, harvest and predation. Although various indices suggest that the population is increasing, there is concern that newly introduced predators may impact the caribou population on the island. Other threats to the Newfoundland population of caribou include energy production, hunting, logging, and recreational activities.

A multi-species action plan has already been posted on the SAR Public Registry, including this species, by the Terra Nova National Park and National Historic Sites of Canada in Eastern Newfoundland. Although listing as a species of special concern would not result in general prohibitions under SARA, it would contribute to the conservation of this species in Canada by requiring the development of a management plan, which would include measures to prevent the species from becoming further at risk.

Eastern Banded Tigersnail (Anguispira kochi kochi)

COSEWIC assessed the Eastern Banded Tigersnail as endangered in April 2017.

About this species

The Eastern Banded Tigersnail is a relatively large land snail with adults measuring 2.5 cm. Its shell has a narrow, light-coloured spiral band slightly above its periphery, bordered by a darker band on either side, on a yellow to brown background. The animal has a grey head while the foot is tinged with orange-red to brown. It inhabits mature hardwood or mixed-wood forests and plays important roles in forest ecosystem functioning, such as aiding in decomposition, nutrient cycling and soil building processes. In Canada, the Eastern Banded Tigersnail is found only on Middle and Pelee islands in Ontario. The main threats to the species are climate change, habitat destruction from overabundant Double-crested Cormorants, and human-induced habitat loss and alteration from logging, grazing and agriculture.

Benefits

Nutrient cycling, provision of food for other species.

Consultations

Consultations were undertaken for this species from January to May 2018. One comment supporting the proposed listing was received from a province.

Listing rationale

The population size has decreased in the last 30 years due to increases in cormorant nest density and land development. As a result, some populations of the Eastern Banded Tigersnail are now extirpated. Populations on Middle Island are shown to decrease due to storms and cormorant nesting, and land development pressures on Pelee Island might also have reduced population numbers.

Listing, in SARA, a species as an endangered species creates immediate protection for individuals and their residences on federal lands, and requires the development of a recovery strategy and action plan(s).

Golden-eye Lichen (Teloschistes chrysophthalmus) [Great Lakes population]

COSEWIC assessed the Golden-eye Lichen (Great Lakes population) as endangered in November 2016.

About this species

The Golden-eye Lichen is a lichen fungi with a coral-like shrubby growth structure. It forms loose, bright yellow-orange to grey-green cushions. The Great Lakes population of the Golden-eye Lichen grows on deciduous trees in old-growth forests and requires high air humidity levels. In Canada, the Great Lakes population is restricted to the bark of one mature Red Oak in the Sandbanks Provincial Park.

Benefits

Bio-indicator value, option value.

Consultations

Consultations were undertaken for this species from January to May 2018. One comment supporting the proposed listing was received from a province.

Listing rationale

The Great Lakes population of the Golden-eye Lichen used to consist of eight individuals in the Sandbanks Provincial Park on Lake Ontario in 2009. This population now counts a single individual on a single Red Oak tree. Main threats to this species include air pollution, human disturbance, invasive species and severe weather. A single natural or human-induced event could lead to the loss of the entire population.

Listing, in SARA, a species as an endangered species creates immediate protection for individuals and their residences on federal lands, and requires the development of a recovery strategy and action plan(s). Although this species is not present on federal lands, listing the species proactively ensures that if it should recover and spread to federal lands, it would automatically benefit from SARA prohibitions.

Golden-eye Lichen (Teloschistes chrysophthalmus)[Prairie/Boreal population]

COSEWIC assessed the Golden-eye Lichen (Prairie/ Boreal population) as a species of special concern in November 2016.

About this species

The Golden-eye Lichen is a lichen fungi with a coral-like shrubby growth structure. It forms loose, bright yellow-orange to grey-green cushions. The Prairie/Boreal population of the Golden-eye Lichen is encountered in relatively open, conifer-dominated woods and barrens, and is typically found on twigs of old-growth White Spruce, Balsam Fir and Jack Pine. The species also requires high air humidity levels. Approximately 99% of the known population for this lichen occurs within 15 km of the Spruce Woods Provincial Forest in south-central Manitoba, but scattered occurrences extend from southern Lake Winnipeg in Manitoba to Rainy Lake in northwestern Ontario.

Benefits

Bio-indicator value, option value.

Consultations

Consultations were undertaken for this species from January to May 2018. One comment in support of the proposed listing was received from a province, and one comment that did not oppose came from a First Nation.

Listing rationale

The Prairie/Boreal population is the largest in Canada. The best areas of remaining habitat occur within a provincial park or forest, but the species is also found on federal lands in Ontario. White Spruce, the lichen's favourite host tree, is a pioneer species that requires natural forest fires to regenerate. Threats like changes in the frequency and severity of forest fires due to fire suppression negatively impact the recruitment of White Spruce, the lichen's favourite host, and therefore the suitable habitat for the species. Additionally, drought from climate change and livestock grazing directly impact the Golden-eye Lichen mortality rate.

Although listing the species as a species of special concern would not result in prohibitions under SARA, it would contribute to the conservation of the species in Canada by requiring the development of a management plan, which would include measures to prevent the species from becoming further at risk.

Lake Huron Grasshopper (Trimerotropis huroniana)

COSEWIC assessed the Lake Huron Grasshopper as threatened in November 2015.

About this species

The Lake Huron Grasshopper is silver-grey to brownish. In flight, the hind wings are exposed to show clear or pale yellow areas at the base, a black band across the middle, and clear or smoky tips. In Canada, the species is found exclusively on 11 dune sites along the shores of lakes Huron and Superior, and Manitoulin and Great Duck islands in Ontario. The species is of significance to Canadians because it is only found in the Great Lakes area in Canada and is a unique Great Lakes dune species.

Benefits

Nutrient cycling, provision of food for other species.

Consultations

Consultations were undertaken for this species from January to May 2017. One comment was received from a province supporting the proposed threatened designation.

Listing rationale

Historically, the Lake Huron Grasshopper's range extended further south in Ontario and many subpopulations appear to be extirpated due to residential and commercial development and intensive recreational activities (infrastructures and trampling). Other threats to the species include competition with other native species, invasive species, and climate change.

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

Long's Bulrush (Scirpus longii)

COSEWIC assessed the Long's Bulrush as a species of special concern in April 2017.

About this species

Long's Bulrush is a slow growing perennial sedge that grows in circular clusters, with flowering stems reaching a height of 1.5 m. Leafy shoots create ring-shaped clusters, which can form large colonies. The species requires wet, acidic and nutrient-poor, open peatlands with limited cover of shrubs or trees. In Canada, Long's Bulrush occurs in wetlands and occasionally on lakeshores in southern Nova Scotia. The Canadian population counts for more than 46% of the global population.

Benefits

Provision of food for other species.

Consultations

Consultations were undertaken for this species from January to May 2018. No comment specific to the Long's Bulrush was received in regard to its proposed species of special concern designation.

Listing rationale

The Canadian population of Long's Bulrush appears to be relatively stable. Although 13 out of 37 subpopulations are within protected areas, they still face several widespread threats. The species is increasingly threatened by disturbance of habitat, which causes competition and shading from the invasive Glossy Buckthorn and native shrubs. This increases chances of hybridization with the Woolgrass Bulrush, and compromises the genetic integrity of the species.

A multi-species management plan was published in the SAR public registry in September 2010, as required under SARA for species of special concern, and a multi-species recovery strategy was also published in the SAR public registry, in February 2016, to serve as a management plan for the Long's Bulrush as required under the Nova Scotia Endangered Species Act. A multi-species action plan for the Kejimkujik National Park and National Historic Site was also published, in February 2017, in order to refine mapping the species' population throughout the park. Although a species of special concern listing would not result in prohibitions under SARA, it would contribute to the conservation of the species in Canada by requiring the development or update of a management plan, which would include measures to prevent the species from becoming further at risk.

Magdalen Islands Grasshopper (Melanoplus madeleineae)

COSEWIC assessed the Magdalen Islands Grasshopper as a species of special concern in November 2016.

About this species

The Magdalen Islands Grasshopper is a large (21 – 29 mm) nondescript species, which is only found on seven of the eight main islands of the Magdalen Islands in Quebec, Canada. The main diagnostic features are on the hind femur, which is dark crimson on the lower surface and uniformly dark coloured on the outer surface. The species occurs within open maritime meadow and grass/sedge hillside habitats containing plant communities. The Magdalen Islands Grasshopper is of great historical significance, as it is a relic of the Wisconsinan ice age.

Benefits

Provision of food for other species and existence value.

Consultations

Consultations were undertaken for this species from January to May 2018. Three comments, which did not oppose the proposed listing, were received from a federal department and two First Nations.

Listing rationale

Threats to the Magdalen Islands Grasshopper are low, but recreational activities, road mortality and habitat loss through predicted coastal erosion may impact the species or its habitat. The species could also be negatively impacted by natural predators, parasites and pathogens that regulate grasshopper populations.

Although a species of special concern listing would not result in prohibitions under SARA, it would contribute to the conservation of the species in Canada by requiring the development of a management plan, which would include measures to prevent the species from becoming further at risk.

Rusty Cord-moss (Entosthodon rubiginosus)

The Rusty Cord-moss is currently listed as endangered on Schedule 1 of SARA. COSEWIC reassessed this species as a species of special concern in April 2017.

About this species

Rusty Cord-moss is a small, pale green to green moss that grows as individual stems or in tiny patches. It grows to 2 – 3 mm high, is inconspicuous and often hidden among other mosses. The species is restricted to a narrow band of shoreline dominated by grasses and other mosses in seasonally wet, alkaline habitats. Rusty Cord-moss is only found in North America, where it is rare across its total range. In Canada, the species is found in southern central British Columbia and southwestern Saskatchewan. The Canadian occurrences represent the northernmost extent of its range in North America.

Consultations

Following the 2018 consultations, no comment specific to the Rusty Cord-moss was received in regard to its proposed species of special concern designation.

Rationale for reclassification

The main threat to the Rusty Cord-moss is trampling due to livestock farming and ranching, which considerably affected two out of four initially surveyed populations. A recovery strategy was posted for this species in September 2012, after it was initially listed as endangered. The known distribution and abundance of this moss have increased significantly due to field and collection research since the species was first assessed by COSEWIC in 2004, resulting in decreased extinction risk.

Listing as a species of special concern would continue to complement the recovery efforts already provided by requiring the development of a management plan, which would include measures to prevent the species from becoming further at risk.

Sonora Skipper (Polites sonora)

The Sonora Skipper is currently listed as a species of special concern on Schedule 1 of SARA. COSEWIC reassessed this species as not at risk in November 2016.

About this species

The Sonora Skipper is a species of butterfly that occurs in moist and grassy openings in forested landscapes. Adults have a wingspan of 25 to 30 mm. The wing upper sides are a combination of rusty orange and brown with blackish wing borders. In Canada, this butterfly has a small range in the southern interior of British Columbia.

Consultations

Following the 2018 consultations, no comment specific to the Sonora Skipper was received in regard to its proposed delisting.

Rationale for delisting

After the initial species of special concern designation of the Sonora Skipper, a management plan was published on the SAR public registry in December 2015. New information has been gathered on distribution, habitat, host plants, natural history and threats. Threats remain low and some potential impacts, such as clear-cut logging, can result in habitat creation and corridors for dispersal for this butterfly. The species is now known to occur in a greater number of natural and disturbed sites and has much broader host plant preferences than previously known. No evidence suggests that this species is currently at risk in Canada.

The proposed removal of this species from Schedule 1 would not pose a concern to the conservation of this species.

Spotted Wintergreen (Chimaphila maculata)

The Spotted Wintergreen is currently listed as endangered on Schedule 1 of SARA. COSEWIC reassessed this species as threatened in April 2017.

About this species

The Spotted Wintergreen is a small, low evergreen perennial plant that is woody at the base. Plants can reach up to 50 cm and each shoot bears smooth blue-green leaves with a white central strip. Individual stems support a cluster of one to five white to pinkish flowers. Its fruit is a roundish capsule up to 1 cm across. The plant's seeds require fungal hosts to germinate and develop, and mature individuals photosynthesize but can also receive supplementary nutrition through mycorrhizae (a fungus that forms mutualistic relationships with the roots of most plant species). The species occurs in pine or oak-pine mixed forest and woodland habitats. In Canada, the Spotted Wintergreen is found in southern Ontario. Its Canadian range likely represents only 1% of the global species' range.

Benefits

Socio-economic or cultural value to Indigenous peoples.

Consultations

Eight comments were received during the 2018 consultation period. Five of those supported the proposed listing, and came from two provinces, a Crown corporation, and one First Nation. Three comments that did not oppose the proposed listing were received from two First Nations and a federal department.

Rationale for reclassification

The Spotted Wintergreen was listed as endangered under SARA, which provided protection for individuals on federal lands and included provisions for the protection of critical habitat once identified in a recovery strategy or an action plan. A recovery strategy was posted for this species in December 2012. Although trends in population abundance are difficult to quantify due to limited previous survey data, there seems to have been an increase in population numbers for the species.

Reclassifying the species from endangered to threatened recognizes that the species is still under threat. This status change would not affect the existing SARA general prohibitions already in place for this species.

Transverse Lady Beetle (Coccinella transversoguttata)

COSEWIC assessed the Transverse Lady Beetle as a species of special concern in November 2016.

About this species

Transverse Lady Beetles are small, round beetles (5.0 to 7.8 mm) that are native to North America. Adults have orange to red wing covers with black markings, consisting of a black band and four elongate spots, which distinguish them from other species. The species is a habitat generalist, and plays an important role as a biological control agent of various species of insect pests. The Canadian range of the Transverse Lady Beetle stretches from St. John's, Newfoundland and Labrador, west to Vancouver Island. The northernmost extent of its range includes Yukon, the Northwest Territories and likely Nunavut.

Benefits

Pest control and provision of food for other species.

Consultations

A total of 19 comments pertaining to the species were received during the 2018 consultation period. Ten comments, from a province, an environmental non-governmental organization, an Indigenous organization, four First Nations and three wildlife management boards, supported the proposed designation as a species of special concern. Eight comments, from a Crown corporation, a federal department, the government of the Northwest Territories, and seven First Nations, did not oppose the proposed designation. Two wildlife management boards used their discretion to not perform their decision-making function regarding the proposed listing.

Listing rationale

The specific range-wide causes of decline in the Transverse Lady Beetle are currently unknown. Possible threats to this species may include negative interactions with recently arrived non-native species, such as the Seven-spotted Lady Beetle and Multicolored Asian Lady Beetle through competition, land use changes, habitat loss through urban expansion, conversion of farmland to forest, and other human disturbances.

Although a listing as a species of special concern would not result in prohibitions under SARA, it would contribute to the conservation of the species in Canada by requiring the development of a management plan, which would include measures to prevent the species from becoming further at risk.

Unisexual Ambystoma (Ambystoma laterale - (2) jeffersonianum) [Jefferson Salamander dependent population]

COSEWIC assessed the Unisexual Ambystoma (Jefferson Salamander dependent population) as endangered in April 2016.

About this species

The Unisexual Ambystoma (Jefferson Salamander dependent population) is found near or within deciduous or mix-wood upland forests containing suitable breeding ponds, which are devoid of predatory fish and are often ephemeral. The species occupies restricted areas within populated and highly modified areas of Ontario and depend on an endangered sperm donor species, the Jefferson Salamander, for recruitment. In Canada, the species' range is restricted to southern Ontario.

Benefits

Pest control, nutrient cycling, provision of food for other species, bio-indicator value and option value.

Consultations

One comment was received specific to the Unisexual Ambystoma (Jefferson Salamander dependent population) during the 2017 consultation period. This comment, from a province, supported the proposed endangered designation.

Listing rationale

Although Unisexual Ambystoma (Jefferson Salamander dependent population) populations outnumber other salamander species, their dependence on the endangered Jefferson Salamander for reproduction restricts their potential for population growth and sustainability. The species also faces numerous threats from human activities, leading to habitat loss and fragmentation, making its continued existence precarious.

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).

Unisexual Ambystoma (Ambystoma laterale - texanum) [Small-mouthed Salamander dependent population]

COSEWIC assessed the Unisexual Ambystoma (Small-mouthed Salamander dependent population) as endangered in April 2016.

About this species

The Unisexual Ambystoma (Small-mouthed Salamander dependent population) is a grey-coloured salamander, with a slender body and a narrow snout. It is found near or within deciduous or mix-wood upland forests containing suitable breeding ponds, which are devoid of predatory fish and are often ephemeral. The species exists only on one isolated island in Canada (Pelee Island on Lake Erie) and depends on an endangered sperm donor species, the Small-mouthed Salamander, for recruitment. The entire Canadian range is only about 40 kmfootnote 2 and is restricted to three breeding sites.

Benefits

Pest control, nutrient cycling, provision of food for other species, bio-indicator value and option value.

Consultations

One comment was received specific to the Unisexual Ambystoma (Small-mouthed Salamander dependent population) during the 2017 consultation period. This comment, from a province, supported the proposed endangered designation.

Listing rationale

Although Unisexual Ambystoma (Small-mouthed Salamander dependent population) populations outnumber other salamander species, their dependence on the endangered Small-mouthed Salamander for reproduction restricts their potential for population growth and sustainability. The species faces numerous threats that make its continued existence precarious. These include predation and habitat modification by introduced wild turkeys, drainage activities that can cause premature drying of breeding ponds, road mortality during seasonal migrations, urban development, and recreational activities.

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).

Western Painted Turtle (Chrysemys picta bellii) [Pacific Coast population]

The Western Painted Turtle (Pacific Coast population) is currently listed as endangered on Schedule 1 of SARA. COSEWIC reassessed this species as threatened in November 2016.

About this species

Western Painted Turtles are relatively large-bodied painted turtles with adults reaching up to 25 cm in carapace length. They are highly aquatic and are found in shallow waters of ponds, lakes, oxbows, and marshes, in slow-moving stream reaches, and in quiet backwater sloughs of rivers. In Canada, Western Painted Turtles (Pacific Coast population) occurs in southwestern British Columbia, including the Lower Fraser Valley.

Benefits

Socio-economic and cultural values for Indigenous peoples, nutrient cycling, provision of food for other species and option value.

Consultations

Following the 2018 consultations, no comment specific to the Western Painted Turtle (Pacific Coast population) was received in regard to the proposed reclassification.

Rationale for reclassification

The distribution of this population overlaps with an area of dense human population in southwestern British Columbia, where wetland loss has been extensive. This population continues to face multiple threats from habitat loss and alteration, road mortality, and introduced species. New localities have been discovered through recent survey efforts, and increases in occupied waterbodies have been found. However, the Canadian population is still declining or considered not viable and its long-term persistence remains precarious.

The Western Painted Turtle (Pacific Coast population) was listed as endangered under SARA, which provides protection for individuals and their 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 proposed status change would not affect the existing SARA general prohibitions already in place for this species.

PROPOSED REGULATORY TEXT

Notice is given that the Administrator in Council, pursuant to subsection 27(1) of the Species at Risk Actfootnote a, proposes to make the annexed Order Amending Schedule 1 to the Species at Risk Act.

Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Paula Brand, Director, Species at Risk Act Policy and Regulatory Affairs, Canadian Wildlife Service, Department of the Environment, Gatineau, Quebec K1A 0H3 (tel.: 1‑800‑668‑6767; email: ec.LEPreglementations-SARAregulations.ec@canada.ca).

Ottawa, February 4, 2021

Julie Adair
Assistant Clerk of the Privy Council

Order Amending Schedule 1 to the Species at Risk Act

Amendments

1 Part 2 of Schedule 1 to the Species at Risk Actfootnote a is amended by adding the following in alphabetical order under the heading "Amphibians":

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

3 Part 2 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Reptiles":

4 Part 2 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Molluscs":

5 Part 2 of Schedule 1 to the Act is amended by striking out the following 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 "Lichens":

7 Part 2 of Schedule 1 to the Act is amended by striking out the following under the heading "Mosses":

8 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading "Reptiles":

9 Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Reptiles":

10 Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Arthropods":

11 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading "Plants":

12 Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Plants":

13 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Mammals":

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

15 Part 4 of Schedule 1 to the Act is amended by striking out the following under the heading "Arthropods":

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

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

18 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Mosses":

19 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Lichens":

Coming into Force

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