Canada Gazette, Part I, Volume 158, Number 51: Order Amending Schedule 1 to the Species at Risk Act (Certain Wildlife Species of Red Knot and Four Other Wildlife Species)

December 21, 2024

Statutory authority
Species at Risk Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issue

In November 2020 and May 2021, the Committee on the Status of Endangered Wildlife in Canadafootnote 1 (COSEWIC) assessed the status of certain species of Red Knot and four other wildlife species. The assessments were received by the Minister of the Environment (the Minister) in 2021. The Minister published Response Statements on January 10, 2022. The Response Statements identify how the Minister intends to respond to COSEWIC’s assessments of wildlife species. The Response Statements also initiate the listing and recovery process for species identified as being at risk and establishes timelines for these processes.

Pursuant to subsection 27(1.1) of the Species at Risk Act (SARA), the Governor in Council (GIC) may review COSEWIC’s assessment and on the recommendation of the Minister may

Should the GIC not take one of the above actions within nine months after receiving COSEWIC’s assessment, as signified by the registration of a receipt order, subsection 27(3) of SARA requires the Minister to amend the List in accordance with COSEWIC’s assessment. Accordingly, this proposed Order is needed to address COSEWIC’s status assessments for these nine species.

Background

The Department of the Environment (the Department) is mandated to preserve and enhance the quality of the natural environment, including flora and fauna. Although the responsibility for the conservation of wildlife in Canada is shared among all levels of government, the Department plays a leadership role as federal regulator to prevent terrestrial species from becoming extinct at the global scalefootnote 2 or extirpatedfootnote 3 from Canada.

The primary federal legislative mechanism for delivering on this responsibility is SARA. 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.

COSEWIC completed status assessments for the following nine species:

The restructuring of the Red Knot roselaari type into three separate populations has no overall impact on the areas where the species are located nor for the current prohibitions for two of the populations. However, one population (Red Know rufa subspecies [Northeastern South America wintering population]) would be downlisted to special concern and would no longer be subject to the sections 32 and 33 prohibitions under SARA. For a migratory bird protected under the Migratory Birds Convention Act, 1994 (MBCA), the nests and eggs remain protected by the SARA general prohibitions anywhere they are found in Canada for those individuals who remain listed as endangered or threatened on Schedule 1 of SARA. The restructuring of the populations could be beneficial at the recovery planning stage, as identifying threats in the separate wintering areas could be more specific and provide a better understanding of the required recovery actions.

The reclassification of the species in this proposed Order from threatened to endangered status, or vice versa, does not affect the application of the sections 32 and 33 general prohibitions of SARA. Since all the species in this proposal are already listed, and are recommended for removal, down-listing, or up-listing from threatened to endangered status only, no new protections would come into effect as a result of this Order.

A detailed description of each species, including their ranges and threats, is available on the Species at Risk Registry, in the document entitled Consultation: amending terrestrial species list on Species at Risk Act, summary: January 2022. Additional information pertaining to these species can also be found in the COSEWIC status reports.

General protections

When a terrestrial species is listed on Schedule 1 of SARA as extirpated, endangered, or threatened, general prohibitions under sections 32 and 33 of SARA apply automatically on federal land.footnote 4 These general prohibitions make it an offence to kill, harm, harass, capture, or take the listed species, and/or to possess, collect, buy, sell, or trade the listed species or any part or derivative of such. It is also prohibited to damage or destroy the residence (e.g. nest or den) of the species.

On non-federal lands, these general prohibitions only apply to a listed terrestrial species if an order is made by the GIC. The Minister 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. Migratory birds protected under the MBCA, as well as their nests and eggs, are protected by the SARA general prohibitions anywhere they are found in Canada when listed as extirpated, endangered or threatened on the List.

Recovery strategies or management plans have been published for all the species included in this proposal, and two have action plans. The recovery strategy for the Aweme Borer (strike from Schedule 1) and the Red Knot islandica subspecies (delist) would no longer apply, as the species would no longer be included on Schedule 1 of SARA, eliminating the requirement for protections and recovery planning. The recovery strategy for the Cobblestone Tiger Beetle and the Lakeside Daisy would be amended to reflect the requirements of a management plan, rather than recovery planning, since both are proposed for reclassification to special concern. The recovery documents for the Red Knots may be amended based on the new proposed risk status and population distribution provided by the COSEWIC assessments. Work would continue towards publishing action plans for species that are proposed to retain endangered or threatened status where none have been published to date, as well as taking the necessary steps under SARA to ensure the protection of critical habitat on federal lands.

Objective

The objective of the proposed Order Amending Schedule 1 to the Species at Risk Act (Certain Wildlife Species of Red Knot and Four Other Wildlife Species) is to ensure that the various measures under SARA to protect and recover species at risk apply or are applied appropriately to the species included in the proposed Order.

Description

The proposed Order would amend Schedule 1 to SARA by removing, reclassifying, reorganizing, or renaming nine species on the List:

Table 1: Proposed changes to Schedule 1 of SARA
Species name Currently protected under SARA as Proposed change
Aweme Borer
(Papaipema aweme)		 Endangered Strike from Schedule 1
Cobblestone Tiger Beetle
(Cicindela marginipennis)		 Endangered Special Concern
Lakeside Daisy
(Tetraneuris herbacea)		 Threatened Special Concern
Seaside Centipede Lichen
(Heterodermia sitchensis)		 Endangered Threatened
Red Knot islandica subspecies
(Calidris canutus islandica)		 Special Concern Delist
Red Knot roselaari type
(Calidris canutus roselaari type)		 Threatened Separate into 3 separate populations
  • Red Knot roselarri subspecies — Threatened
  • Red Knot rufa subspecies (Northeastern South America wintering population) — Special Concern
  • Red Knot rufa subspecies (Southeastern USA/Gulf of Mexico/Caribbean wintering population) — Endangered
Red Knot rufa subspecies
(Calidris canutus rufa)		 Endangered Red Knot rufa subspecies (Tierra del Fuego Patagonia wintering population) — Endangered (name change only)

Regulatory development

Consultation

The Department posted the Minister’s response statements for these species on the Species at Risk Public Registry on January 10, 2022, which opened consultations. Consultations were supported through the posting of the following documents:

The Aweme Borer, Cobblestone Tiger Beetle, Lakeside Daisy and Seaside Centipede Lichen underwent normal consultations from January 10, 2022, to May 10, 2022. The Red Knot islandica subspecies, Red Knot rufa subspecies (Northeastern South America wintering population) and Red Knot rufa subspecies (Southeastern USA / Gulf of Mexico / Caribbean wintering population) underwent extended consultations from January 10, 2022, to October 10, 2022.

The Department did not specifically undertake consultations for the Red Knot roselaari subspecies, as it was treated as a confirmation of threatened status when it was known as the Red Knot roselaari type, which was listed as threatened in 2010. However, materials available on the SAR Public Registry that were circulated to partners and stakeholders made reference to the new population structure for the Red Knot roselaari type.footnote 5 The Department did not undertake consultations for the renaming of the Red Knot rufa subspecies (Tierra del Fuego / Patagonia wintering population).footnote 6

The Department sent an email to 3 260 individuals and organizations subscribed to the Registry’s email newsletter. The email invited comments on proposed amendments to the List resulting from COSEWIC’s assessments of the terrestrial species, and provided links to relevant information, including on the listing and consultation processes.

The Department’s regional staff also reached out directly to over 2 750 contacts, including Indigenous peoples and organizations, provincial, territorial and municipal governments, contacts in industry, resource users, landowners, and environmental non-governmental organizations. Certain contacts received a regionalized notification email highlighting the relevant species being considered for a change in status in the region. Other contacts with land or interests within species’ ranges received a package of consultation materials with copies of, or links to, the consultation documents mentioned above as well as fact sheets about the species proposed to be listed or reclassified. The documents provided species information, including the reason for the designation, a biological description and location information, as well as an overview of the SARA listing process. In many cases, Indigenous communities and organizations were provided with physical copies of materials as well.

Given the complex nature of these consultations, the Department offered teleconferences and meetings to explain the proposal and listing process. This helped ensure the consultation process remained accessible to people of all abilities, including those with differing educational backgrounds and/or limited scientific training.

The Department held online workshops and information sessions for Indigenous communities and organizations, as well as meetings with some First Nations and Wildlife Management Boards (WMBs). Regional staff followed up with Indigenous partners on the initial consultation request, where resources permitted, with phone calls and/or additional emails seeking input before the expiry of the consultation period. Groups made recommendations to the Department to improve the listing process, including that the Department provide an overview of how input is used and considered by the Minister to support a listing decision, and clarify the role and jurisdiction of federal and provincial governments with respect to listing status and protections.

Twenty-six (26) responses were received during the consultation, totalling 60 comments. Several respondents provided comments on multiple species at the same time. Participants included:

Of the 20 First Nations, Indigenous organizations, Aboriginal associations and Wildlife Management Boards that provided feedback, six comments were in support and 14 provided a general comment. General comments included comments on the assessment, but not on the proposal itself, a request for an extension to the comment period, an expression of lack of capacity to effectively engage due to limited funding,footnote 7 and the desire to be included in future processes.

The ENGO, one territorial government, and the municipal government supported the proposed Order. While the other government department had no comments.

One provincial government and one territorial government opposed the listing proposal.

The provincial government opposed the listing of the Red Knot rufa (Northeastern South American population) and the Red Knot rufa (Southeastern USA/Gulf of Mexico/Caribbean wintering population) on the grounds that they are not a signatory to the Accord for the Protection of Species at Risk, and that the province has its own legal and regulatory tools to ensure species conservation and recovery. The province expressed concern that the listing of the species could generate socioeconomic impacts. It recommended that socioeconomic impact studies relating to the listing or reclassification of the species be completed to better evaluate potential impacts.

Regarding concerns related to the socioeconomic impacts of listings, as per the Cabinet Directive on Regulation, the Department undertook a cost-benefit analysis of the proposed Order. The details of this analysis can be found in the regulatory analysis section below.

The territorial government opposed the separation of the Red Knot roselaari type into three distinct populations, and suggested there was insufficient evidence to support this separation. It also disagreed with the proposed listing status for the three Red Knot rufa subspecies (Northeastern South America wintering population, Southeastern USA / Gulf of Mexico / Caribbean wintering population, and Tierra del Fuego / Patagonia wintering population), suggesting that there was inadequate evidence to substantiate the proposal.

The Department recommends listings (or changes to listing, or population reclassifications) based on the best scientific information available at the time of the COSEWIC assessment and is not aware of additional information that may be inconsistent with the COSEWIC assessment.

Table 2: Comments received regarding status assessments
Species Support Oppose Not indicated / general comment
Aweme Borer 1   4
Cobblestone Tiger Beetle     3
Lakeside Daisy     4
Seaside Centipede Lichen 1    
Red Knot islandica subspecies 3   1
Red Knot roselaari subspecies      
Red Knot rufa subspecies, Northeastern South America wintering population 8 2 11
Red Knot rufa subspecies, Southeastern USA/Gulf of Mexico/Caribbean wintering population 8 2 11
Red Knot rufa subspecies, Tierra del Fuego Patagonia wintering population   1  
Total 21 5 34

Modern treaty obligations and Indigenous engagement and consultation

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

The ranges of all nine species were examined for overlap with First Nation reserves or Indigenous traditional territories. Where such an overlap exists (or potentially exists), the appropriate Indigenous communities and organizations were contacted for comment.

The Department consulted with Indigenous communities and organizations during the pre-listing consultation period from January 2022 to October 2022 to determine if the proposed Order could potentially impact communities’ interests or activities as the range of the species could be located on traditional lands. Emails and, in some cases, letters were sent to Indigenous communities indicating the proposed amendments to the List and invited recipients to provide comments. Follow-up teleconferences were offered to provide additional context to the materials sent, and reminder emails were sent.

Sixteen First Nations, Indigenous groups and Aboriginal organizations responded to the pre-listing consultations. Responses included general comments on the COSEWIC assessments, the desire to be included in future species at risk processes, a request for an extension to the comment period (which was granted), and concerns relating to consultation capacity were expressed. No concerns with respect to the proposed Order and its application on federal lands, including First Nation reserves, were received.

The assessment determined that four of the species; the Seaside Centipede Lichen; Red Knot islandica subspecies; Red Knot rufa subspecies (Northeastern South America wintering population; and Red Knot rufa subspecies (Southeastern USA/Gulf of Mexico/Caribbean wintering population) overlap with modern treaty areas.

The activities, practices, and traditions of Indigenous peoples could be impacted by the proposed Order since the general prohibitions under sections 32 and 33 of SARA would apply on federal lands for these species. During the pre-consultations, Indigenous groups and organizations did not raise any concerns with respect to the proposed Order and its application on federal lands, including First Nations reserves.

The four species occurring in modern treaty areas are not known to be actively or commonly harvested nor used by Indigenous peoples for cultural purposes.

The proposal is not expected to impact differently, directly, or indirectly, the rights of Indigenous peoples. It would respect the federal government’s obligations in relation to rights protected by section 35 of the Constitution Act, 1982, modern treaties, and human rights obligations as defined by the Declaration on the Rights of Indigenous Peoples Act.

Instrument choice

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

  1. Accept the assessment and amend (e.g. add, uplist or downlist the species) Schedule 1 of the Act;
  2. Decide not to amend Schedule 1 of the Act; or
  3. Refer the matter back to COSEWIC for further information or consideration.

SARA also stipulates that where the GIC has not taken one of the courses of actions above within nine months after receiving an assessment by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC’s assessment. The nine-month timeline begins when the GIC receives the COSEWIC assessment.

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

While the Act includes sections that support voluntary stewardship approaches to conservation in collaboration with any other government in Canada, organization, or person and can generate positive outcomes for a species, they do not constitute an alternative to the provisions of the Act as regards a GIC decision or Ministerial Order.

Regulatory analysis

Benefits and costs

This analysis presents the incremental impacts, both benefits and costs, of the proposed Order. Incremental impacts are defined as the difference between the baseline scenario and the regulatory scenario in which the proposed Order is implemented over the same time period. The baseline scenario 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 each species is to be reassessed by COSEWIC every 10 years, at which point a new decision could be rendered on the status of the species. Unless otherwise noted, all monetary values reported in this analysis are in undiscounted, constant 2023 dollars.

Better management of species at risk leading to populations of species in less risk circumstances (i.e. downlisted or delisted) is expected to benefit Canadian society. The costs associated with the proposed Order are expected to be low. These costs primarily involve the development of recovery strategies, action plans, management plans, and permit applications.

Benefits

The proposed Order would align eight species’ designations on Schedule 1 of SARA with the result of recent COSEWIC assessments and update the name of one species. According to SARA, species categorized as endangered, threatened, or extirpated benefit from the development and implementation of recovery strategies and action plans. These recovery documents identify the primary threats to the survival of the species and, whenever possible, the habitat required for their survival and recovery within Canada. Species of special concern benefit from the creation of a management plan, which fosters coordinated conservation efforts among government agencies, Indigenous groups and other stakeholders involved in the management and protection of natural habitats across Canada. This proactive approach based on biological characteristics and identified threats maximizes conservation chances and prevents costly future measures.

The downlisting or delisting of species may signal population stability improvements, allowing resource re-evaluation for species needing urgent attention. Several of the proposed amendments leading to downlisting or delisting of species are a result of an evolving interpretation of scientific information.

Total economic value of species conservation

The framework of Total Economic Value (TEV) is commonly utilized to evaluate how environmental assets, such as species at risk, contribute to the overall well-being of society. The continued existence of these species is linked to the provision of various benefits for Canadians such as socio-economic and cultural value for Indigenous peoples, recreational benefits, ecological benefits, as well as scientific and research values, among others.

Benefits associated with the proposed Order

While the proposed Order contributes to the species’ protection, it is important to note that the continuation of the benefits identified below would not be solely attributable to this specific proposed Order, but rather are part of a broader context of conservation. The discussion of benefits below includes species at risk where the species will gain or maintain protection and conservation measures under SARA, attributable to the proposed Order. However, those species being delisted or downlisted are not discussed, as they are not benefitting from the proposed Order.

Cultural significance to Indigenous peoples: The Red Knot holds special cultural significance for Indigenous communities, particularly the Moose Cree First Nation, who are actively involved in conservation efforts.footnote 8 Aboriginal Traditional Knowledge was not identified for the Red Knot. However, this species is part of ecosystems that are important to Indigenous people who recognize the interconnectedness of all species within the ecosystem.footnote 9

Recreational value: As a flagship shorebird species, the Red Knot has recreational benefits through the attraction of eco-tourists and birdwatchers.footnote 10 For example, Edwards et al. (2011) estimated values of $24 to $108 (USD) per person for day trips to witness migratory shorebirds, highlighting the species’ significance in influencing recreational choices and contributing to its existence value.footnote 16

Scientific and research value: Extensive research on the Red Knot has significantly contributed to conservation strategies for migratory birds. The Red Knot acts as an indicator of ecosystem health, contributing to its ecological significance.footnote 11,footnote 12,footnote 13,footnote 9 The Seaside Centipede Lichen enriches biodiversity, aiding in understanding lichen ecology.footnote 14

Existence value: The existence value of the Red Knot is evident through economic studies assessing willingness to pay for their conservation. Parsons and Myers (2017) observed households in Delaware and New Jersey willing to pay between $102 and $2,254 (USD) for improving the Red Knot status, reflecting intrinsic value.footnote 17

Costs

The proposed amendments for all species included in the Order are expected to decrease costs on stakeholders and/or Indigenous peoples. This analysis considers incremental impacts expected to arise from the development and updates of recovery strategies, actions plans and management plans; compliance with general prohibitions, including permit applications; and, to the extent possible, compliance with any future critical habitat protection order on federally administered lands. For each species, the analysis considered five types of incremental costs associated with the proposed Order:

Costs to Indigenous peoples and stakeholders

There are no incremental costs to Indigenous peoples and stakeholders in Canada associated with the nine species in the proposed Order. Impacts do not arise from the proposed Order because either the general prohibitions and critical habitat protection do not apply (for species of special concern, or species that are delisted), or if they do apply, any associated costs such as from permit applications are not incremental to this order (reclassification between, or maintenance of, threatened and endangered status).

Administrative costs to the Government of Canada

As outlined in Table 3 below, administrative costs to the Government of Canada differ depending on the status assigned to a listed species, as different status categories trigger different requirements.

Table 3: Amendment type and associated incremental costs to the Government of Canada
Amendment type SARA requirements Estimated cost per species table a3 note a
Reclassification as special concern Updates of a management plan $85,000 per document
Reclassification between endangered to threatened Updates to the recovery strategy and action plan $70,000 per document
Name change / New DU Update documents $5,000 per document
Removal from Schedule 1 N/A N/A

Table a3 note(s)

Table a3 note a

Estimates have been rounded.

Return to table a3 note a referrer
Species being reclassified between threatened and endangered

Two species are proposed to be reclassified from threatened to endangered or vice versa: Red Knot rufa subspecies, Southeastern USA / Gulf of Mexico / Caribbean wintering population (new designatable unit; formerly part of the Red Knot roselaari type) and Seaside Centipede Lichen. Under SARA sections 32 and 33, endangered and threatened species receive identical protections. Further, the requirements for preparing recovery strategies and action plans and identifying critical habitat would be the same for both endangered and threatened species.footnote 15 The recovery strategy for the Red Knot rufa subspecies (Southeastern USA / Gulf of Mexico / Caribbean wintering population) was published in 2017 under the initial threatened designation and the recovery strategy for the Seaside Centipede Lichen was published in 2007 under the initial endangered designation. The total undiscounted cost to the Government of Canada to update the recovery documents for these two species is estimated to be $140,000.

Species being reclassified as special concern

Three species are proposed to be reclassified as species of special concern: the Cobblestone Tiger Beetle, the Lakeside Daisy, and the Red Knot rufa subspecies, Northeastern South America wintering population (new designatable unit; formerly part of the Red Knot roselaari type). For these species, the identification of critical habitat is not required. Efforts to recover these three species through the update of existing recovery documents to management plans are estimated to cost $85,000 per species. However, since all Red Knot subspecies were previously combined into one document (management plan and recovery strategy), it is assumed that updating the existing recovery strategy, as mentioned above, will be the extent of updated documents for this species. Therefore, the total undiscounted cost to the Government of Canada for these three species is estimated to be $170,000.

Species being removed from list

Two species are proposed to be removed from the list under the proposed Order. The Aweme Borer, previously listed as an endangered species, was reassessed by COSEWIC as data deficient, and is therefore proposed to be struck from Schedule 1. The Red Knot islandica subspecies, previously listed as a species of special concern was reassessed by COSEWIC and found to be no longer at risk and is therefore proposed to be delisted. There would be no incremental costs associated with the delisting of these species.

Species assigned a new designatable unit or name change

COSEWIC has assigned the Red Knot roselaari subspecies as a new DU, and has given a new name to another species, the Red Knot rufa subspecies, Tierra del Fuego / Patagonia wintering population. Both species retain the same risk status. However, since all Red Knot subspecies were previously combined into one recovery document, updating the existing recovery strategy would be sufficient for this species. There would be no incremental costs associated with assigning a new DU or name change of these species.

Enforcement costs

No incremental enforcement costs to the Government of Canada are expected from the proposed Order.

Permitting costs

Permits would be required for activities that would otherwise be prohibited by SARA. All activities involving species being delisted or reclassified as special concern would not require a permit. This analysis relies on data from past permit requests to make estimates about the possible number of future permit applications. All species in the proposed Order were listed at least ten years ago; therefore, this analysis estimates the permitting cost for the new time period for all the species currently listed as endangered and proposed to be downlisted to threatened or vice versa. It is assumed that there may be one permit request for each federal property or First Nation reserve with an expected species occurrence, and one additional permit request for properties managed by Parks Canada. Although there are no fees for obtaining a SARA permit, the government and applicants incur administrative expenses for evaluating and processing permit requests. 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 issuing two separate permits. The average cost for applicants associated with the administrative burden of obtaining a SARA compliant permit for research, beneficial activities or activities causing incidental effects on listed species is estimated at $370 per permit. The average cost for reviewing SARA compliant permits by the Department or Parks Canada is $700 per permit.

The Red Knot rufa subspecies (Northeastern South American wintering population) will no longer be subject to general prohibitions upon downlisting. Historical permitting data reveals that permit applications for this particular species were combined with other Red Knot subspecies, including Red Knot rufa subspecies, Southeastern USA / Gulf of Mexico / Caribbean wintering population (new designatable unit; formerly Red Knot roselaari type), Red Knot roselaari subspecies (new designatable unit; formerly Red Knot roselaari type), and Red Knot rufa subspecies, Tierra del Fuego / Patagonia wintering population, all of which maintain their existing endangered or threatened status.

As the general prohibitions are already in place, permitting costs for Red Knot subspecies being reclassified as threatened and endangered species from these statuses, are not considered incremental to the proposed Order. They are, however, presented here for context as they are outside of the previous timelines considered in the initial listing Orders (published more than 10 years ago). Based on previous permit applications, it is estimated that there would be an average of five MBCA permit applications per year for research purposes that need to be SARA-compliant. This would result in an estimated cost of $18,500 for permit applicants and $35,000 for the Government of Canada.

No historical permit applications were observed for the Seaside Centipede Lichen; therefore, this analysis assumes that the proposed Order would not result in any permit applications for this species.

Avoided administrative costs

The species proposed to be delisted or struck from Schedule 1 would no longer require updates to recovery documents, leading to cost savings. For both species removed from the list and those downlisted to special concern status, the SARA general prohibitions would no longer apply, making permit applications and their processing unnecessary. Administrative costs for the government, categorized by listing status, and documents are outlined in Table 1 in the Cost section.

Species with Endangered status being struck from Schedule 1: The proposed Order would strike one species with endangered status from the list, the Aweme Borer, resulting in undiscounted avoided costs from no longer requiring an update of the recovery strategy. Additionally, the delisting of the Aweme Borer may also result in avoided costs for stakeholders and First Nations, as well as the Government of Canada, because there would no longer be a need to apply for and review permits. In the last ten years, two permit requests were made for this species. Therefore, it is assumed that there may be a maximum of two permits, for activity related to the Aweme Borer, that may have been reapplied for in the baseline. Under the proposed Order, no permit would be required. The cost savings for the Aweme Borer is estimated at approximately $3,000 for applicants and $7,000 for the Government of Canada. However, stakeholders often bundle permit applications for multiple species, so it is possible that permit applications may not decrease because of the proposed Order. Therefore, these potential cost savings may be an overestimate.

Species with Special Concern status being delisted: The proposed Order would delist one species with Special Concern status, the Red Knot islandica subspecies, however, since all Red Knot subspecies were previously combined into one recovery document, updating the existing recovery strategy will not result in any avoided costs.

The downlisting of the Cobblestone Tiger Beetle and the Lakeside Daisy may also result in avoided costs for stakeholders and First Nations, as well as the Government of Canada, because there would no longer be a need to apply for and review permits. In the last ten years, only one permit request was made for the Lakeside Daisy in 2022, and no permit requests were made for the Cobblestone Tiger Beetle. Therefore, it is assumed that there may be a maximum of one permit, for activity related to the Lakeside Daisy, that may have been applied for in the baseline. Under the proposed Order, no permit would be required. The cost savings for the Lakeside Daisy is estimated at approximately $1,500 for applicants and $3,500 for the Government of Canada. However, stakeholders often bundle permit applications for multiple species, so it is possible that permit applications may not decrease because of the proposed Order. Therefore, these potential cost savings may be an overestimate.

The total estimated undiscounted avoided costs for the government related to a reduction in permit applications, and not having to update of recovery documents, are $75,000.

Summary of benefits and costs

The proposed Order is expected to maintain appropriate protective measures and enable efforts aimed at facilitating the recovery of the listed species, thus contributing to the benefits those species offer to Canadian society. The proposed Order is expected to result in cost savings for the government and stakeholders, resulting in total avoided costs of $75,000 (undiscounted). The total costs associated with the proposed Order for the Government of Canada over a 10-year period are estimated at $310,000 (undiscounted), encompassing expenses linked to the development or updating of recovery strategies and management plans. The incremental outcome of the proposed Order is a net cost of $235,000. Additionally, although not incremental to this Order, there are expected costs associated with permit applications relating to the species included in this Order of approximately $18,500 for stakeholders and First Nations, and $35,000 for the federal government.

Small business lens

The analysis under the small business lens concluded that the proposed Order would not result in any incremental costs or benefits for small businesses in Canada.

One-for-one rule

The one-for-one rule does not apply because there are no incremental increases in administrative burden on business. The amendments will not change any federal regulatory titles.

Regulatory cooperation and alignment

The federal government plays a leadership role as federal regulator in the designation of species at risk in Canada. However, the protection of wildlife species is 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, with the exception of Quebec who is not party to the Accord.

Some of the species under consideration are currently designated under provincial legislation, as indicated in Table 4 below.

Table 4: Provincial/Territorial designations of species included in the proposed Order
Common species name Range Proposed Amendment to Schedule 1 of SARA Provincial or territorial legislation and designation
Aweme Borer SK; MB; ON Endangered to Data deficient (strike from Schedule 1) None
Cobblestone Tiger Beetle NB Endangered to Special concern NB — Special concern status under the provincial Species at Risk Act
Lakeside Daisy ON Threatened to Special concern ON — Special concern status under the Endangered Species Act, 2007
Red Knot islandica subspecies NU NWT Special concern to Not at risk (delist) None
Red Knot roselaari subspecies BC; YK Threatened None
Red Knot rufa subspecies (Northeastern South America wintering population) NU; NWT; AB; SK; MB; ON; QC; NB; PEI; NS NL Threatened to Special concern
  • AB — "May be at risk" (as Red Knot) included on the Alberta Wild Species General Status Listing 2020
  • SK — Restricted Species (as "Red Knot rufa subspecies) under the Wildlife Act, 1998
  • MB — Endangered status (as Red Knot rufa subspecies) under the Endangered Species and Ecosystems Act
  • ON — Endangered status under the Endangered Species Act, 2007
  • QC — Threatened (as Red Knot rufa, Calidris canutus rufa) under the Act respecting threatened or vulnerable species
  • NB — Endangered (as Red Knot rufa subspecies) under the provincial Species at Risk Act
  • NS — Endangered (as Red Knot, Calidris canutus rufa) under the Endangered Species Act
  • NL — Endangered (as Red Knot, Calidris canutus rufa) under the Endangered Species Act
Red Knot rufa subspecies (Southeastern USA / Gulf of Mexico / Caribbean wintering population) NU; NWT; AB; SK; MB; ON; QC; NB; PEI; NS; NL Threatened to Endangered
Red Knot rufa subspecies (Tierra del Fuego / Patagonia wintering population) NU; NWT; AB; SK; MB; ON; QC; NB; PEI; NS; NL Endangered (renaming only)
Seaside Centipede Lichen BC Endangered to Threatened None

Effects on the environment

The Strategic Environmental Assessment (SEA) conducted for the proposed Order concluded that the proposal would result in some positive effects for the species that remain listed, and their respective ecosystems. Specifically, it demonstrated that the continued protection of these wildlife species at risk contributes to national biodiversity and protects ecosystem productivity, health and resiliency.

The proposed Order would support the 2022–2026 Federal Sustainable Development Strategy (FSDS) Goal 15 to “Protect and Recover Species, Conserve Canadian Biodiversity” and would support the Government of Canada’s priority, as stated in the FSDS, of “enhancing the implementation of the Species at Risk Act.” It would also contribute to the United Nations’ 2030 Agenda Sustainable Development Goal (SDG) 15 “Life on land” which aims to halt biodiversity loss, protect biodiversity and natural habitat by preventing the extinction of threatened species.

By supporting the conservation of biodiversity and maintenance of healthy ecosystems, the proposed Order would also indirectly contribute to Goal 13 of the FSDS, to “Take Action on Climate Change and its Impacts” (and the associated SDG 13, “Climate Action”). Finally, by ensuring that appropriate protections, backed by scientific assessment, would apply to the species that remain on the List, the proposed Order would support the Kunming-Montreal Global Biodiversity Framework (December 2022) and its overarching global goal that “biodiversity is sustainably used and managed and nature’s contributions to people, including ecosystem functions and services, are valued, maintained and enhanced, with those currently in decline being restored.”

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 affected by the proposed Order. The results of this analysis indicate that the proposed Order will have no anticipated negative impacts on the Canadian population, including Indigenous peoples. The GBA+ also considered the barriers faced by Indigenous peoples during the consultation for this proposal.

Indigenous communities may face barriers in participating in the consultation process of the proposal. Indigenous communities are often faced with multiple requests for consultation on numerous projects, and may lack resources in terms of staff, time, and funding to be able to provide comment. In the northern region, consultation materials were provided in Inuktitut where appropriate. Where Indigenous partners requested a time extension to provide comment, the extension was granted.

The region of residence was identified as the main factor determining how a person would be affected by the proposed Order. During the consultation process for this proposal, staff in certain regions held workshops, attended by Indigenous communities and organizations, where discussions were held on the listing process, potential amendments, and the species relevant to the given region. Some Indigenous communities highlighted capacity issues during these workshops. The Department responded to consultation barriers by partnering with the Centre for Indigenous Environmental Resources (CIER) to launch the Species at Risk Act Consultation, Cooperation and Accommodation (SARACCA) Project, which aims to facilitate Indigenous communities’ and organizations’ participation in listing and recovery planning processes through information sharing sessions, training sessions and other community engagement, and has the potential to provide modest capacity funding.

The Department strives to ensure that individuals with limited scientific knowledge or training are aware of the proposed Order by providing materials that are easily understandable and written in plain language, including the use of compliance promotion materials and activities to disseminate information related to the proposed Order where appropriate.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Order would come into force on the date on which it is registered.

Compliance and enforcement

The Department is responsible for compliance promotion, and enforcement of the Order. The Department conducts compliance promotion activities to increase awareness of the protection of listed species. The Department continues to work with all stakeholders and provincial partners to conserve and protect listed species and regularly engages with local habitat stewardship groups to bolster awareness and to help protect the species.

Within Parks Canada’s network of protected heritage places, front line staff inform visitors about species at risk located on site and educate them on prevention measures that support the protection and conservation of the species.

SARA provides for penalties for contraventions to the Act, including fines or imprisonment and 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. The offences and punishments are set out under SARA.footnote 18

Service standards

Under section 73 of SARA, the competent minister may enter into an agreement or issue a permit authorizing a person to engage in an activity affecting a listed wildlife species, any part of its critical habitat, or the residences of its individuals. Section 74 allows for the competent minister to issue permits under another Act of Parliament (e.g. Canada National Parks Act) that would have the same effect as those issued under section 73. SARA sets out the conditions and factors that the Minister must consider before issuing a permit.

Section 3 of the Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations imposes a 90-day service standard on the Government of Canada to issue or refuse permits under section 73 of SARA. The 90-day timeline may be suspended in certain situations and may not apply in certain circumstances, such as a permit issued under another Act of Parliament. The service standards timelines contribute to consistency, predictability and transparency in the permitting process by providing applicants with clear and measurable service standards. The Department measures its service performance annually and performance information is posted on the Department’s website no later than June 1 for the preceding fiscal year.

Contact

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

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Order Amending Schedule 1 to the Species at Risk Act (Certain Wildlife Species of Red Knot and Four Other Wildlife Species) under subsection 27(1) of the Species at Risk Act footnote a.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website, but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Paula Brand, Director, Species at Risk Act Policy, Canadian Wildlife Service, Department of the Environment, 351 St. Joseph Boulevard, 15th floor, Gatineau, Quebec K1A 0H3 (tel: 1‑800‑668‑6767; email: LEPreglementations-SARAregulations@ec.gc.ca).

Ottawa, December 5, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Order Amending Schedule 1 to the Species at Risk Act (Certain Wildlife Species of Red Knot and Four Other Wildlife Species)

Amendments

1 Part 2 of Schedule 1 to the Species at Risk Act footnote a is amended by striking out the following under the heading “Birds”:

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

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

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

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

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

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

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

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

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

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

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

Coming into Force

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

Terms of use and Privacy notice

Terms of use

It is your responsibility to ensure that the comments you provide do not:

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The federal institution managing the proposed regulatory change retains the right to review and remove personal information, hate speech, or other information deemed inappropriate for public posting as listed above.

Confidential Business Information should only be posted in the specific Confidential Business Information text box. In general, Confidential Business Information includes information that (i) is not publicly available, (ii) is treated in a confidential manner by the person to whose business the information relates, and (iii) has actual or potential economic value to the person or their competitors because it is not publicly available and whose disclosure would result in financial loss to the person or a material gain to their competitors. Comments that you provide in the Confidential Business Information section that satisfy this description will not be made publicly available. The federal institution managing the proposed regulatory change retains the right to post the comment publicly if it is not deemed to be Confidential Business Information.

Your comments will be posted on the Canada Gazette website for public review. However, you have the right to submit your comments anonymously. If you choose to remain anonymous, your comments will be made public and attributed to an anonymous individual. No other information about you will be made publicly available.

Comments will remain posted on the Canada Gazette website for at least 10 years.

Please note that communication by email is not secure, if the attachment you wish to send contains sensitive information, please contact the departmental email to discuss ways in which you can transmit sensitive information.

Privacy notice

The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.

Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.

Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.

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You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.

The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.