Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act: SI/2022-27
Canada Gazette, Part II, Volume 156, Number 11
SI/2022-27 May 25, 2022
SPECIES AT RISK ACT
Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act
P.C. 2022-472 May 16, 2022
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 status of the species set out in the annexed schedule.
Whitelip, Striped (Webbhelix multilineata)
- Duskywing, Mottled (Erynnis martialis) Boreal population
Hespérie tachetée population boréale
- Duskywing, Mottled (Erynnis martialis) Great Lakes Plains population
Hespérie tachetée population des plaines des Grands Lacs
- Lady Beetle, Nine-spotted (Coccinella novemnotata)
Coccinelle à neuf points
- Moth, Nuttall’s Sheep (Hemileuca nuttalli)
Hémileucin de Nuttall
- Skipper, Oregon Branded (Hesperia colorado oregonia)
Hespérie du Colorado
Foxglove, Downy Yellow False (Aureolaria virginica)
Gérardie de Virginie
Racer, Western Yellow-bellied (Coluber constrictor mormon)
Couleuvre agile à ventre jaune de l’Ouest
- Ash, Blue (Fraxinus quadrangulata)
- Foxglove, Fern-leaved Yellow False (Aureolaria pedicularia)
- Foxglove, Smooth Yellow False (Aureolaria flava)
- Pea, Silky Beach (Lathyrus littoralis)
Lichen, Smoker’s Lung (Lobaria retigera)
- Flycatcher, Olive-sided (Contopus cooperi)
Moucherolle à côtés olive
- Nighthawk, Common (Chordeiles minor)
- Sparrow, Harris’s (Zonotrichia querula)
Bruant à face noire
Not at Risk
Falcon anatum/tundrius, Peregrine (Falco peregrinus anatum/tundrius)
Faucon pèlerin anatum/tundrius
(This note is not part of the Order.)
This Order acknowledges receipt of assessments from the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) regarding the status of 17 wildlife species under paragraph 15(1)(a) and in accordance with subsection 23(1) of the Species at Risk Act (SARA).
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 COSEWIC assessments, undertaken pursuant to subsection 23(1) of the Species at Risk Act by the COSEWIC with respect to the wildlife species set out in the annexed schedule of the Order.
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.
Of the 17 wildlife species assessed by COSEWIC, 12 are new assessments and 4 are reclassifications of species already on the List of Wildlife Species at Risk (the List) under SARA. In addition, COSEWIC is recommending the removal of one species from the List.
In response to the assessments, the Minister of the Environment will propose a second order (the Listing Order) which will include a recommendation to the GIC to amend the List in accordance with COSEWIC’s recommended designations for the species. The proposed Listing Order will be published, along with the Regulatory Impact Assessment Statement (RIAS), in the Canada Gazette, Part I, for a 30-day public comment period.
Before making a final listing recommendation for each species to the GIC, the Minister of the Environment will take into consideration comments and any additional information received following this publication. Under subsection 27(1.1), the GIC may, in response to the recommendation of the Minister, (a) accept the assessment and amend the List accordingly (by either adding the species, reclassifying it to a different status, or removing it); (b) decide not to amend the List; or (c) refer the matter back to COSEWIC for further information or consideration.
Under subsection 27(3) of SARA, if the GIC has not made its decision within nine months after receiving a COSEWIC assessment, the Minister of the Environment must, by order, amend the List in accordance with COSEWIC’s recommended designation for the species. This nine-month timeline does not apply to the assessments recommending reclassification, as these species are already on the List.
Initial consultations with interested stakeholders and members of the public on the proposed amendments to Schedule 1 took place between 2013 and 2019, as described in the table below.
|January to October 2019
|Common Nighthawk, Olive-sided Flycatcher and Peregrine Falcon anatum/tundrius
|January to May 2019
|Downy Yellow False Foxglove, Fern-leaved Yellow False Foxglove, Smooth Yellow False Foxglove, Striped Whitelip and Smoker’s Lung Lichen
|January to May 2018
|January to October 2017
|Nine-spotted Lady Beetle, Western Yellow-bellied Racer and Nuttall’s Sheep Moth
|December 2015 to May 2016
|January to April 2015
|Oregon Branded Skipper
|December 2013 to March 2014
|Mottled Duskywing (Great Lakes Plains population), Mottled Duskywing (Boreal population) and Silky Beach Pea
In total, the Department of the Environment received 164 comments during these consultations. Among the received comments that were specific to the species included in this proposal, 76 comments were supportive of the proposed listings or changes in status, 43 did not oppose and 15 did not support. Follow-ups were done with interested stakeholders and Indigenous peoples after those initial consultations.
These consultations will be summarized in the RIAS that will accompany the proposed Listing Order.
Canadian Wildlife Service
Environment and Climate Change Canada
Annex I — Proposed amendments to Schedule 1 — Seventeen terrestrial species assessments by COSEWIC and received by the Governor in Council
|Smoker’s Lung Lichen
|Alberta, Manitoba, Northwest Territories, Nunavut, Ontario, Saskatchewan
|Mottled Duskywing (Boreal population)
|Mottled Duskywing (Great Lakes Plains population)
|Nine-spotted Lady Beetle
|Alberta, British Columbia, Manitoba, Ontario, Quebec, Saskatchewan
|Oregon Branded Skipper
|Hesperia colorado oregonia
|Nuttall’s sheep moth
|Downy Yellow False Foxglove
|Fern-leaved Yellow False Foxglove
|Smooth Yellow False Foxglove
|Silky Beach Pea
|Legal population name
|Everywhere in Canada
|Everywhere in Canada
|Western Yellow-bellied Racer
|Coluber constrictor mormon
|Legal population name
|Peregrine Falcon anatum/tundrius
|Falco peregrinus anatum/tundrius
|Not at risk
|Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec, Saskatchewan, Yukon