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

Registration
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.

SCHEDULE

Endangered Species

Molluscs

Whitelip, Striped (Webbhelix multilineata)
Polyspire rayé

Arthropods
Plants

Foxglove, Downy Yellow False (Aureolaria virginica)
Gérardie de Virginie

Threatened Species

Reptiles

Racer, Western Yellow-bellied (Coluber constrictor mormon)
Couleuvre agile à ventre jaune de l’Ouest

Plants
Lichens

Lichen, Smoker’s Lung (Lobaria retigera)
Lobaire réticulée

Special Concern

Birds

Not at Risk

Birds

Falcon anatum/tundrius, Peregrine (Falco peregrinus anatum/tundrius)
Faucon pèlerin anatum/tundrius

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

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).

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 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.

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.

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.

Implications

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.

Consultation

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.

Table 1: Consultations on the proposed amendments to Schedule 1
Consultation period Species
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 Harris’s Sparrow
January to October 2017 Nine-spotted Lady Beetle, Western Yellow-bellied Racer and Nuttall’s Sheep Moth
December 2015 to May 2016 Blue Ash
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.

Contact

Paula Brand
Director
SARA Policy
Canadian Wildlife Service
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Telephone: 1‑800‑668‑6767
Email: LEPreglementations-SARAregulations@ec.gc.ca

Annex I — Proposed amendments to Schedule 1 — Seventeen terrestrial species assessments by COSEWIC and received by the Governor in Council

Table 1: Species proposed for addition to Schedule 1 of SARA
Taxon Legal
population name		 Scientific name Current status Proposed status Range
Lichens Smoker’s Lung Lichen Lobaria retigera None Threatened British Columbia
Birds Harris’s Sparrow Zonotrichia querula None Special concern Alberta, Manitoba, Northwest Territories, Nunavut, Ontario, Saskatchewan
Molluscs Striped Whitelip Webbhelix multilineata None Endangered Ontario
Arthropods Mottled Duskywing (Boreal population) Erynnis martialis None Endangered Manitoba
Mottled Duskywing (Great Lakes Plains population) Erynnis martialis None Endangered Ontario, Quebec
Nine-spotted Lady Beetle Coccinella novemnotata None Endangered Alberta, British Columbia, Manitoba, Ontario, Quebec, Saskatchewan
Oregon Branded Skipper Hesperia colorado oregonia None Endangered British Columbia
Nuttall’s sheep moth Hemileuca nuttalli None Endangered British Columbia
Plants Downy Yellow False Foxglove Aureolaria virginica None Endangered Ontario
Fern-leaved Yellow False Foxglove Aureolaria pedicularia None Threatened Ontario
Smooth Yellow False Foxglove Aureolaria flava None Threatened Ontario
Silky Beach Pea Lathyrus littoralis None Threatened British Columbia
Table 2: Species proposed for reclassification on Schedule 1 of SARA
Taxon Legal population name Scientific name Current status Proposed status Range
Birds Common Nighthawk Chordeiles minor Threatened Special concern Everywhere in Canada
Olive-sided Flycatcher Contopus cooperi Threatened Special concern Everywhere in Canada
Plants Blue Ash Fraxinus quadrangulata Special concern Threatened Ontario
Reptiles Western Yellow-bellied Racer Coluber constrictor mormon Special concern Threatened British Columbia
Table 3: Species proposed to be removed from Schedule 1 of SARA
Taxon Legal population name Scientific name Current status Proposed status Range
Birds Peregrine Falcon anatum/tundrius Falco peregrinus anatum/tundrius Special concern Not at risk Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec, Saskatchewan, Yukon