Critical Habitat of the Silver Chub (Macrhybopsis storeriana) Great Lakes – Upper St. Lawrence Populations Order: SOR/2026-4

Canada Gazette, Part II, Volume 160, Number 3

Registration
SOR/2026-4 January 21, 2026

SPECIES AT RISK ACT

Whereas the Silver Chub (Macrhybopsis storeriana) Great Lakes – Upper St. Lawrence Populations is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Actfootnote a;

Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry;

And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2)footnote b of that Act;

Therefore, the Minister of Fisheries and Oceans makes the annexed Critical Habitat of the Silver Chub (Macrhybopsis storeriana) Great Lakes – Upper St. Lawrence Populations Order under subsections 58(4) and (5) of the Species at Risk Act footnote a.

Ottawa, January 19, 2026

Joanne Thompson
Minister of Fisheries and Oceans

Critical Habitat of the Silver Chub (Macrhybopsis storeriana) Great Lakes – Upper St. Lawrence Populations Order

Application

1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Silver Chub (Macrhybopsis storeriana) Great Lakes – Upper St. Lawrence Populations, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry.

Coming into force

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The Silver Chub (Macrhybopsis storeriana) [Great Lakes – Upper St. Lawrence populations] is a stout minnow found primarily in southern Ontario, where it most frequently occurs in medium to large-sized rivers and large lakes. In 2019, the Silver Chub (Great Lakes – Upper St. Lawrence populations) was listed as an endangered speciesfootnote 1 under the Species at Risk Actfootnote 2 (SARA). The critical habitatfootnote 3 of the Silver Chub (Great Lakes – Upper St. Lawrence populations) was identified in the Recovery Strategy and Action Plan for the Silver Chub (Macrhybopsis storeriana), Great Lakes – Upper St. Lawrence populations, in Canada (the recovery strategy), which was posted on the Species at Risk Public Registry (the Public Registry) on August 5, 2025.

As the competent minister under SARA for aquatic species, the Minister of Fisheries and Oceans (the Minister) is required to ensure that the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations) is legally protected by a) provisions in, or measures under, SARA or any other Act of Parliament, including agreements under section 11 of SARA; or b) the application of subsection 58(1) of SARA.

Background

The Government of Canada is committed to conserving biodiversity both nationally and internationally. Canada, with support from provincial and territorial governments, signed and ratified the Convention on Biological Diversity in 1992. As a party to this Convention, Canada developed the Canadian Biodiversity Strategy and federal legislation to protect species at risk. SARA received royal assent in 2002. Its purpose is to

Habitat protection under SARA and the Fisheries Act

Once a wildlife species has been listed as endangered, threatened, or extirpated in Schedule 1 of SARA, a recovery strategy, followed by one or more action plans, must be prepared by the competent minister and posted on the Public Registry. Based on the best available information and to the extent possible, the recovery strategy or action plan must include the identification of the species’ critical habitat (i.e. the habitat necessary for a listed wildlife species’ survival or recovery).

Under SARA, critical habitat must be legally protected within 180 days after the final recovery strategy or action plan identifying that critical habitat is posted on the Public Registry. Critical habitat that is not located in a place referred to in subsection 58(2) of SARAfootnote 4 must be protected either by the application of the prohibition in subsection 58(1) of SARA against the destruction of any part of the species’ critical habitat, or by provisions in, or measures under, SARA or any other Act of Parliament (this includes agreements under section 11 of SARA).

All identified critical habitat for Silver Chub (Great Lakes – Upper St. Lawrence populations) is already subject to the fish habitat protection provisions of the Fisheries Act, which prohibit the harmful alteration, disruption, or destruction of fish habitat without authorization. The Minister has wide discretion when issuing Fisheries Act authorizations under paragraph 35(2)(b), including with respect to the consideration of measures to avoid, mitigate or offset the adverse effects on fish or fish habitat that result from the carrying on of a work, undertaking or activity being authorized.

Silver Chub (Great Lakes – Upper St. Lawrence populations)

The Silver Chub is a stout minnow, and the only member of the genus Macrhybopsis in Canada. It can be found in medium to large-sized rivers and large lakes throughout its distribution. The Great Lakes – Upper St. Lawrence populations are distributed within the south end of Lake Huron, Lake St. Clair, the western and central basins of Lake Erie, and also the Thames River.

Silver Chub (Great Lakes – Upper St. Lawrence populations) abundance varies across its distribution. In the Western Basin of Lake Erie, recent data and modelling indicate a population increase over the past 10 years. In contrast, in the Central Basin, the species abundance is more sparse and the species has not been detected in the Eastern Basin since 2001. In Lake St. Clair (Canadian portion), data are also scarce but suggest extreme fluctuations in abundance. The species is at risk in bordering U.S. states, including New York and Michigan.

The main threats facing the species include

Silver Chub (Macrhybopsis storeriana) was listed as a species of special concern on the List of Wildlife Species at Risk (Schedule 1) of SARA in 2003. In 2012, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) separated the species into two designatable units (DU): the Great Lakes – Upper St. Lawrence populations, which were assessed as endangered, and the Saskatchewan – Nelson River populations, which were assessed as not at risk. Subsequently, in August 2019, the Silver Chub (Great Lakes – Upper St. Lawrence populations) was listed as an endangered species on Schedule 1 of SARA.

Therefore, the prohibitions in sections 32 and 33 of SARA automatically applied upon listing:

Many activities that would destroy critical habitat would also be likely to cause harm to individuals. Following listing, where that is the case, a SARA permit is required for effects on individuals. In such instances, certain requirements of SARA must be met for the project to be authorized, including that the Minister form the opinion that the activity will not jeopardize the survival or recovery of the species, and all feasible measures to minimize the impact on the species will be undertaken.

On August 5, 2025, the recovery strategy was published on the Public Registry. The recovery strategy identifies the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations).

Objective

The objective of this regulatory initiative is to trigger, through the making of a critical habitat order, the prohibition in subsection 58(1) of SARA against the destruction of any part of the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations) that is identified in the recovery strategy for the species, outside of places referred to in subsection 58(2) of SARA.

Description

Critical habitat can be found in the Canadian portion of the western basin of Lake Erie, from the outlet at the Detroit River to the eastern limits of the basin adjacent to Point Pelee.

The recovery strategy provides maps of the areas within which critical habitat is found. The critical habitat does not comprise all areas within the identified boundaries, but only those areas within the identified geographical boundaries where the described biophysical feature(s) and function(s) it supports occur. Refer to the recovery strategy for more information.

The Critical Habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations) Order triggers the application of the prohibition set out in subsection 58(1) of SARA against the destruction of any part of the Silver Chub (Great Lakes – Upper St. Lawrence populations) critical habitat that is outside of places referred to in subsection 58(2) of SARA. If new information becomes available to support changing the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations), the recovery strategy will be updated as appropriate following established consultative processes and taking into account feedback received from these consultations. The Order will apply to the revised critical habitat once included in an amended recovery strategy posted on the Public Registry.

The Order affords the Minister an additional tool to ensure that the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations) is legally protected. It complements the protections already afforded to the species’ habitat under existing legislation, in particular subsection 35(1) of the Fisheries Act. This subsection prohibits the carrying on of any work, undertaking, or activity that results in the harmful alteration, disruption, or destruction of fish habitat.

Regulatory development

Consultation

Consultation on the critical habitat for Silver Chub (Great Lakes – Upper St. Lawrence populations) and the intention to protect the species’ critical habitat through a critical habitat order occurred during the development of the recovery strategy for the species. The Department of Fisheries and Oceans (DFO) developed the recovery strategy with support from species experts, the Ontario Ministry of Environment, Conservation, and Parks (MECP), the Ontario Ministry of Natural Resources, and the U.S. Geological Survey (USGS). Indigenous communities were also invited to participate in the development of the recovery strategy (see section below for more information on Indigenous consultations).

The proposed recovery strategy was posted on the Public Registry on June 18, 2024, for a 60-day public comment period. Targeted stakeholders and partners were notified on June 19, 2024, by email of the public comment period opening. These groups included conservation authorities (CAs), environmental non-governmental organizations, municipalities, agricultural organizations, industry, and Indigenous communities.

Comments were received from the Chippewas of the Thames First Nation, and a species expert who commented in a personal capacity. They were generally supportive and none addressed critical habitat.

Indigenous engagement, consultation and modern treaty obligations

DFO consulted 11 Indigenous communities identified as those potentially having reserve lands or traditional lands near the distribution of the Silver Chub (Great Lakes – Upper St. Lawrence populations). There is no critical habitat located in rivers on or bordering reserve lands.

Indigenous communities were invited to collaborate on the development of the draft recovery strategy through phone calls and emailed letters in April and May 2022. They were consulted again in June 2023 via email, with an opportunity to review the draft recovery strategy. Subsequently, on June 19, 2024, they were notified that the proposed recovery strategy had been published on the Public Registry and were invited to provide feedback during the 60-day public comment period.

In response, Chippewas of the Thames First Nation responded with questions regarding trawling methods, potential impacts on benthic habitats, and mitigation strategies to reduce dredging up settled contaminants. DFO provided a detailed response in early June 2024, clarifying that trawl surveys are limited in scope and duration, with minimal environmental impact. Chippewas of the Thames First Nation confirmed on June 17, 2024, that they had no further concerns. Chippewas of the Thames First Nation comments during the public comment period led to minor revisions in the recovery strategy, including the addition of other Canadian and U.S. rivers as major sources of nutrient loading.

Under SARA subsection 58(7), consultation with the Minister of Indigenous Services and a band under the Indian Act was not required, as there are no reserves or any other lands that are set apart for the use and benefit of such band that will be affected by the Order.

Under SARA subsection 58(8), consultation with a wildlife management board was not required, as there are no areas in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species that will be affected by the Order.

An assessment of modern treaty implications was completed. The assessment concluded that implementation of this Order will likely not have an impact on the rights, interests, and/or self-government provisions of modern treaty partners, since there are no modern treaties in the area of the identified critical habitat, which is entirely within Ontario.

Instrument choice

Under SARA, all of a species’ critical habitat must be legally protected either by the application of the prohibition against the destruction of any part of the critical habitat in subsection 58(1), or by provisions in, or measures under, SARA or any other Act of Parliament, including agreements under section 11. Courts have concluded that other federal laws must provide an equal level of legal protection for critical habitat as would be engaged through subsections 58(1), failing which, the Minister must make a critical habitat order, triggering the application of subsection 58(1) of SARA. Courts have also concluded that subsection 35(1) of the Fisheries Act does not provide equivalent legal protection to critical habitat to that of an Order engaging subsection 58(1) of SARA, because subsection 35(2) of the Fisheries Act grants the Minister wide discretion to authorize works, undertakings and activities that result in the destruction of fish habitat. As a result, in most cases, the making of an order by the Minister is necessary to legally protect the critical habitat of an aquatic species at risk.

Regulatory analysis

Benefits and costs

Incremental costs
Costs to Canadians and businesses in Canada

Activities and projects that would destroy critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations) would also likely result in harm to individuals of the species, which are already prohibited, as the species is listed as endangered under SARA. Such activities or projects are already required to meet certain requirements of SARA to be authorized (see the “Background” section for details). Furthermore, DFO is not aware of any ongoing activities or projects currently under regulatory review that will require additional mitigation measures to protect the critical habitat of Silver Chub (Great Lakes – Upper St. Lawrence populations) beyond the requirements of existing regulatory regimes. Thus, the Order is not anticipated to result in incremental costs to ongoing activities.

Project applications may be submitted to DFO in the coming years seeking authorization for works, undertakings or activities that may destroy the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations). However, the nature and scope of these future projects are unknown at this time. Assuming the continuance of current authorization/regulatory processes and legal frameworks, including those described in the “Background” and “Implementation” sections, DFO anticipates that any projects will continue to be subject to similar authorization terms and conditions, as before the making of this Order, including measures to avoid, mitigate, and offset the adverse effects of the project on critical habitat. Therefore, the incremental impacts of making the Order on projects that may be forthcoming, while unknown, are anticipated to be low.

Costs to Government

The federal government may incur some negligible costs associated with the making of the Order, as it may undertake some additional activities associated with compliance promotion and enforcement, the costs of which would be absorbed through existing funding allocations.

Incremental benefits

Outreach and awareness-raising efforts to be undertaken as part of the compliance promotion activities for this Order, in combination with outreach activities to be undertaken for the implementation of the recovery strategy, may contribute to behavioural changes amongst Canadians and Canadian businesses. These outreach and awareness-raising activities could result in incremental benefits to the species, its habitat or the ecosystem. However, these incremental benefits cannot be assessed qualitatively or quantitatively at this time due to the absence of information on the nature and scope of the behavioural changes resulting from these outreach activities.

Small business lens

The small business lens was applied and it was determined that the Order does not impose any incremental regulatory costs on small businesses.

One-for-one rule

The one-for-one rule does not apply to the Order, as no additional administrative burden is anticipated to be imposed on businesses. The Order will be implemented under existing processes.

Regulatory cooperation and alignment

SARA is a key tool for the conservation and protection of Canada’s biological diversity and fulfills a commitment made under the Convention on Biological Diversity. Therefore, the Order will respect this international agreement in furthering the protection of significant habitats in Canada to conserve wildlife species at risk.

Enabled by Section 3 of Ontario’s Planning Act, habitat protection may potentially be provided under the Provincial Planning Statement, 2024, which prohibits development and site alteration in the habitat of endangered and threatened species, except in accordance with provincial and federal requirements. Also relevant is protection under the Lakes and Rivers Improvement Act in Ontario.

The Great Lakes Water Quality Agreement (2012) is a treaty with the United States that applies to habitat and species, scientific research, water quality, and aquatic invasive species in the Great Lakes. Some measures relating to Silver Chub (Great Lakes – Upper St. Lawrence populations) recovery and critical habitat in Lake Erie could be coordinated with the United States under the Agreement.

International obligations

The regulatory initiative is not anticipated to impact international trade or international obligations.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan to identify the potential for important environmental and economic effects was conducted. It was concluded, through completing the preliminary screening section of the Climate, Nature and Economy Lens (CNEL), that a strategic environmental and economic assessment was not required for this Order. Considering the existing federal regulatory schemes in place protecting the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations) and the lack of any applications to conduct works, undertakings, or activities that could affect Silver Chub (Great Lakes – Upper St. Lawrence populations) critical habitat, DFO cannot identify any important environmental effects that making the Order is expected to have on its own.

However, the Order aims to complement existing legislative habitat protection provisions that apply to the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations) — in particular subsection 35(1) of the Fisheries Act, which prohibits unauthorized works, undertakings and activities that result in the harmful alteration, disruption or destruction of fish habitat — and thus is expected to have positive, although minimal, environmental impact, and contribute to the achievement of goal 15 of the Federal Sustainable Development Strategy to protect and recover species and conserve Canadian biodiversity.

Gender-based analysis plus

No impacts based on gender and other identity factors have been identified for this Order.

Implementation, compliance and enforcement, and service standards

Implementation

Threats to critical habitat are currently managed and will continue to be managed through existing measures under federal legislation. DFO provides a single window for proponents to apply for authorizations under the Fisheries Act or permits under SARA when they propose conducting works, undertakings or activities in or near water.

To lawfully conduct an activity resulting in the destruction of any part of the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations), the proponent must apply for and obtain an authorization under the Fisheries Act [under paragraph 35(2)(b)] that would have the same effect as a permit issued under subsection 73(1) of SARA.

Under section 73 of SARA, the Minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed aquatic species, any part of its critical habitat, or the residences of its individuals, provided that the requirements of subsections 73(2) to 73(6.1) of SARA are met. This includes the Minister forming the opinion that the activity will not jeopardize the survival or recovery of the species, and that all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals. After it is entered into or issued, the Minister must comply with the requirements of subsection 73(7) by reviewing the permit if an emergency order is made with respect to the species. Section 74 of SARA allows for an agreement, permit, licence, order or other similar document entered into, issued or made by the competent minister under another Act of Parliament to have the same effect as a SARA permit provided that the requirements of subsections 73(2) to (7) are met. This means that a paragraph 35(2)(b) Fisheries Act authorization may also function as a SARA permit, after fulfilling the SARA requirements.

A SARA permit or Fisheries Act authorization that has the same effect as a SARA permit, if approved, would contain the terms and conditions considered necessary for protecting the species and minimizing the impact of the authorized activity on the species. The permit application process is the same whether or not there is a critical habitat order in place in the affected area. The requirements of the Fisheries Act and SARA, including critical habitat considerations, are already considered by DFO staff during the review of an application.

This approach is consistent with the Government’s commitment to make decisions under the Fisheries Act or SARA for major projects in two years.

Compliance and enforcement

Under the penalty provisions of SARA, when found guilty of an offence punishable on summary conviction, a corporation other than a non-profit corporation 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. When found guilty of an indictable offence, a corporation other than a non-profit corporation is liable to a fine of not more than $1,000,000, a non-profit corporation is liable to a fine of not more than $250,000, and any other person is liable to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both.

Any persons planning on undertaking an activity within the critical habitat of the Silver Chub (Great Lakes – Upper St. Lawrence populations) should inform themselves as to whether that activity might contravene one or more of the prohibitions under SARA and, if so, should contact DFO. For more information, proponents should consult DFO’s projects near water web page.

Contact

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