Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act: SI/2019-12

Canada Gazette, Part II, Volume 153, Number 6

Registration

SI/2019-12 March 20, 2019

SPECIES AT RISK ACT

Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act

P.C. 2019-139 February 28, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, acknowledges receipt, on the making of this Order, of the assessments done pursuant to subsection 23(1) of the Species at Risk Act footnote a by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) with respect to the species set out in the annexed schedule.

SCHEDULE

Endangered Species

Fish
Molluscs

Threatened Species

Fish
Molluscs

Special Concern

Fish
Molluscs

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The Order acknowledges receipt by the Governor in Council of the assessments of the status of 33 aquatic species done by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) in accordance with its functions under paragraph 15(1)(a) of the Species at Risk Act (SARA) and as required under subsection 23(1) and section 24 of that Act.

Objective

The objective of this Order is for the Governor in Council (GIC), on the recommendation of the Minister of the Environment, to acknowledge receipt of the assessments undertaken pursuant to subsection 23(1) of SARA by COSEWIC with respect to the wildlife species set out in the annexed schedule of the Order.

Background

The purpose of SARA is to prevent wildlife species from being extirpated or becoming extinct; to provide for the recovery of wildlife species that are extirpated, endangered, or threatened as a result of human activity; and to manage species of special concern to prevent them from becoming endangered or threatened. COSEWIC was formed as an independent scientific body in 1977 with a mandate to provide a single, official, scientifically sound, national classification of wildlife species at risk in Canada. COSEWIC provides the Minister of the Environment with assessments of the status of Canadian wildlife species.

Implications

The 33 aquatic species that are the subject of the Order are species that the Minister of the Environment is considering, in consultation with the Minister of Fisheries and Oceans, for the purpose of recommending to the Governor in Council, whether to amend the List of Wildlife Species at Risk set out in Schedule 1 to SARA (the List), in accordance with subsections 27(1.1) and (1.2), by accepting the assessment and adding the species to the List, deciding not to add the species to the List, or referring the matter back to COSEWIC for further information or consideration. All of the 33 species were assessed and classified as being endangered, threatened or of special concern. These assessments were made at various COSEWIC meetings held between 2008 and 2017.

For species that are not currently on the List, under subsection 27(1.1) of SARA, the Governor in Council, within nine months after receiving COSEWIC’s assessment of the status of a species, must review the assessment and, on the recommendation of the Minister of the Environment, may accept the assessment and add the species to the List, decide not to add the species to the List, or refer the matter back to COSEWIC for further information or consideration. The Governor in Council must also decide, on the recommendation of the Minister of the Environment, is whether to remove one species from the List, which has been determined by COSEWIC to be composed of three separate designatable units, and replace it by adding the three separate designatable units to the List. The Governor in Council must also decide whether to remove another species from the list, which has been determined by COSEWIC to be composed of two separate designatable units, and replace it by adding one of the two designatable units to the List (the other one has been assessed as not currently at risk).

Under subsection 27(2) of SARA, before making a recommendation to the Governor in Council, the Minister of the Environment must take into account COSEWIC’s assessment of the status of a species; consult the competent minister or ministers; and, if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of a wildlife species, consult the wildlife management board. Of the 33 species subject to this Order, the Minister of the Environment consulted with wildlife management boards on 3 aquatic species: Lake Sturgeon (Southern Hudson Bay – James Bay population), Bull Trout (Western Arctic populations), and Bull Trout (South Coast British Columbia populations). For all 33 species, the Minister of the Environment consulted the Minister of Fisheries and Oceans, who is the competent minister for aquatic species, other than for individuals in or on federal lands administered by the Parks Canada Agency.

Under subsection 27(3) of SARA, if the GIC has not taken a course of action under subsection 27(1.1) of SARA within nine months after receiving a COSEWIC assessment, the Minister of the Environment must, by order, amend the List in accordance with COSEWIC’s assessment. However, this nine-month timeline does not apply to the assessments recommending reclassification, as these species are already on the List.

Consultation

Initial consultations were held with interested stakeholders and members of the public between 2008 and 2017.

These consultations will be summarized in the Regulatory Impact Analysis Statement (RIAS) that will accompany the proposed Order to amend Schedule 1 of the Species at Risk Act.

Departmental contact

Julie Stewart
Director
Species at Risk Program
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Email: SARA_LEP@dfo-mpo.gc.ca