Order Amending Schedule 1 to the Species at Risk Act (American Marten, Newfoundland Population and 18 Other Wildlife Species): SOR/2026-37

Canada Gazette, Part II, Volume 160, Number 5

Registration
SOR/2026-37 February 26, 2026

SPECIES AT RISK ACT

P.C. 2026-162 February 26, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, makes the annexed Order Amending Schedule 1 to the Species at Risk Act (American Marten, Newfoundland Population and 18 Other Wildlife Species) under subsection 27(1) of the Species at Risk Actfootnote a.

Order Amending Schedule 1 to the Species at Risk Act (American Marten, Newfoundland Population and 18 Other Wildlife Species)

Amendments

1 Part 1 of Schedule 1 to the Species at Risk Actfootnote a is amended by striking out the following under the heading “Reptiles”:

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

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

Woodpecker, White-headed (Picoides albolarvatus)
Pic Ă  tĂŞte blanche

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

Woodpecker, White-headed (Dryobates albolarvatus)
Pic Ă  tĂŞte blanche

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

Frog, Northern Leopard (Lithobates pipiens) Rocky Mountain population
Grenouille léopard population des Rocheuses

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

Frog, Northern Leopard (Lithobates pipiens) Rocky Mountain population
Grenouille léopard du Nord population des Rocheuses

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

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

Skink, Common Five-lined (Plestiodon fasciatus) Carolinian population
Scinque pentaligne commun population carolinienne

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

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

Marten, American (Martes americana atrata) Newfoundland population
Martre d’Amérique population de Terre-Neuve

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

Spadefoot, Great Basin (Spea intermontana)
Crapaud du Grand Bassin

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

Spadefoot, Great Basin (Spea intermontana)
Crapaud pied-bĂŞche du Grand Bassin

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

Snake, Eastern Hog-nosed (Heterodon platirhinos)
Couleuvre Ă  nez plat

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

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

Moth, Dusky Dune (Copablepharon longipenne)
Noctuelle sombre des dunes

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

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

Mouse-ear-cress, Slender (Crucihimalaya virgata)
Arabette mince

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

Marten, American (Martes americana atrata) Newfoundland population
Martre d’Amérique population de Terre-Neuve

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

Frog, Northern Leopard (Lithobates pipiens) Western Boreal/Prairie populations
Grenouille léopard populations des Prairies et de l’ouest de la zone boréale

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

Frog, Northern Leopard (Lithobates pipiens) Western Boreal / Prairie populations
Grenouille léopard du Nord populations des Prairies et de l’ouest de la zone boréale

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

Skink, Five-lined (Plestiodon fasciatus) Great Lakes/St. Lawrence population
Scinque pentaligne population des Grands Lacs et du Saint-Laurent

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

Skink, Common Five-lined (Plestiodon fasciatus) Great Lakes / St. Lawrence population
Scinque pentaligne commun population des Grands Lacs et du Saint-Laurent

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

Vertigo, Threaded (Nearctula sp.)
Vertigo Ă  crĂŞtes fines

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

Vertigo, Threaded (Vertigo rowellii)
Vertigo Ă  crĂŞtes fines

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

Clubtail, Skillet (Gomphurus ventricosus)
Gomphe ventru

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

Coming into Force

27 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

In 2022, the Minister of the Environment (the Minister) received three assessments from the Committee on the Status of Endangered Wildlife in Canadafootnote 1 (COSEWIC), capturing seven species, including the American Marten (Newfoundland population). Receipt of these assessments, conducted in May 2021, December 2021, and May 2022, triggers a regulatory process under the Species at Risk Act (SARA).

The Order Amending Schedule 1 to the Species at Risk Act (American Marten, Newfoundland Population and 18 Other Wildlife Species) [the Order] will reclassify 6 species, rename 12 species, and both reclassify and rename 1 species to align with the risk status or name for the species put forward by the COSEWIC.

Background

The responsibility for the conservation of wildlife in Canada is shared among all levels of government; at the federal level, this responsibility is set out in SARA, which reflects Canada’s commitment to supporting biodiversity.

The purposes of SARA are to prevent wildlife species from becoming extinctfootnote 2 (globally) or extirpatedfootnote 3 (locally extinct) from Canada; 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. The implementation of SARA is a responsibility shared amongst the Department of the Environment (the Department), the Department of Fisheries and Oceans (DFO) and Parks Canada (PC).

The Order Amending Schedule 1 to the Species at Risk Act (American Marten, Newfoundland Population and 18 Other Wildlife Species) responds to COSEWIC’s completed status assessments for the following seven species by amending the List of Wildlife Species at Risk (the List):

In addition, the Order renames 12 additional species, without changing their risk status, to align with the most up-to-date scientific and common nomenclature used in COSEWIC’s assessments.

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

General protections and measures under SARA

When a terrestrial species, such as those included in the Order, is included on Schedule 1 of SARA as extirpated, endangered, or threatened, general prohibitions under sections 32 and 33 of SARA apply automatically on federal land in the provinces and on federal land under the authority of Environment and Climate Change Canada or Parks Canada in the territories.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. These general prohibitions do not apply to species listed as special concern.

On non-federal lands, the general prohibitions apply to all threatened and endangered aquatic species and migratory birds. For all other threatened or endangered terrestrial species, the general prohibitions only apply if an order is made by the Governor in Council (GIC). 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, the Minister must recommend that such an order be made. The GIC makes the final decision on whether to put an order in place on non-federal lands.

The listing of a wildlife species under SARA as endangered, threatened, or extirpated triggers a series of obligations for the Government, including the development of a recovery strategy and action plans. The strategy must identify, to the extent possible, the critical habitat necessary for the species’ survival or recovery, along with the protections for this habitat on federal lands. The listing of a wildlife species under SARA as special concern requires a management plan outlining conservation measures for the species.

Objective

The objective of the Order is to ensure that the various appropriate measures under SARA to protect and recover species at risk apply or are applied appropriately to the species included in the Order, and to update species’ names to align with the most up-to-date scientific and common nomenclature used in COSEWIC’s assessments.

Description

The Order amends Schedule 1 to SARA by reclassifying and/or renaming 19 species on the List.

Table 1: Changes to Schedule 1 of SARA

Species name

Currently protected under SARA as

Change

Dusky Dune Moth (Copablepharon longipenne)

Endangered

Threatened

Eastern Foxsnake (Pantherophis vulpinus) Carolinian population

Endangered

Threatened

Eastern Foxsnake (Pantherophis vulpinus) Great Lakes / St. Lawrence population

Endangered

Threatened

American Marten (Martes americana atrata) Newfoundland population

Threatened

Special concern

Skillet Clubtail (Gomphurus ventricosus)

Endangered

Special concern

Victorin’s Gentian (Gentianopsis virgata ssp. victorinii)

Threatened

Special concern

False Rue-anemone (Enemion biternatum)

Threatened

Special concern

Common name change (in English only)

Eastern Hog-nosed Snake (Heterodon platirhinos)

Threatened

Rename; maintain status

Threatened

Common name change (in French only)

Five-lined Skink (Plestiodon fasciatus) Carolinian population

Endangered

Rename; maintain status

Endangered

Common name change (in French and English)

Five-lined Skink (Plestiodon fasciatus) Great Lakes / St. Lawrence population

Special concern

Rename; maintain status

Special concern

Common name change (in French and English)

Great Basin Spadefoot (Spea intermontana)

Threatened

Rename; maintain status

Threatened

Common name change (in French only)

Northern Leopard Frog (Lithobates pipiens) Rocky Mountain population

Endangered

Rename; maintain status

Endangered

Common name change (in French only)

Northern Leopard Frog (Lithobates pipiens) Western Boreal / Prairie populations

Special concern

Rename; maintain status

Special concern

Common name change (in French only)

Pacific Gophersnake (Pituophis catenifer catenifer)

Extirpated

Rename; maintain status

Extirpated

Common name change (in French only)

Pacific Pond Turtle (Actinemys marmorata)

Extirpated

Rename; maintain status

Extirpated

Common name change (in English only)

Pygmy Short-horned Lizard (Phrynosoma douglasii)

Extirpated

Rename; maintain status

Extirpated

Common name change (in French only)

Slender Mouse-ear-cress (Halimolobos virgata)

Threatened

Rename; maintain status

Threatened

Common name change (in French only) and scientific name change

Threaded Vertigo (Vertigo rowellii)

Special Concern

Rename; maintain status

Special Concern

Scientific name change

White-headed Woodpecker (Picoides albolarvatus)

Endangered

Rename; maintain status

Endangered

Scientific name change

The down-listing of the Dusky Dune Moth, the Eastern Foxsnake (Carolinian population), and the Eastern Foxsnake (Great Lakes / St. Lawrence population) to threatened status does not impact the application of the general prohibitions under sections 32 and 33 of SARA, which will continue to apply. Recovery strategies for these three species are already in place and will remain along with the requirement to develop action plans.footnote 5 The Order will not introduce any new protections for these species.

For the American Marten (Newfoundland population), False Rue-anemone, Victorin’s Gentian and the Skillet Clubtail, the down-listing to special concern means that the prohibitions under sections 32 and 33 of SARA, along with recovery planning requirements, will no longer apply. A management plan that includes measures for the conservation of the species must be prepared.

These changes will provide the seven species that are down-listed with the statutory protections suited to their risk profile, thereby allowing resources to be appropriately reassigned to other vulnerable species.

Various minor amendments to Schedule 1 of SARA are made for 13 species. These changes update species names to align with those used by COSEWIC and correct discrepancies between the French and English names. For 12 of these species, only the scientific name, the common name, or both are updated, with no change to their conservation status. For 1 species, the name change is accompanied by a change in status.

Regulatory development

Consultation

The Department posted the Minister’s response statements for the seven species to be down-listed on the Species at risk public registry on December 16, 2022, which opened consultations. Consultations were supported through the posting of the following documents:

The seven species to be down-listed in this Order underwent the consultation process, as described in the consultation document, with both the public and Indigenous partners and groups from December 16, 2022, to May 31, 2023. The Department did not undertake any consultations for the species to be renamed only, since these amendments are administrative in nature and the conservation status of the species remains the same under SARA.

The Department sent an email to 3 280 individuals and organizations subscribed to the Registry’s email newsletter. The email invited comments on amendments to the List resulting from COSEWIC’s assessments of the seven 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 2 500 contacts, including Indigenous peoples and organizations, federal, provincial, territorial and municipal governments, industry, resource users, landowners, and 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 document mentioned above, as well as fact sheets about the species 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.

For Indigenous communities, the Department reached out to 984 contacts across 239 impacted Indigenous groups. The Department consulted with Indigenous communities and organizations whose First Nations reserves or Indigenous traditional territories overlapped with species ranges. The Department sent emails and, in some cases, hard copies of consultation materials to these Indigenous partners, indicating the amendments to the List and inviting recipients to provide comments. Where resources permitted, the regional staff conducted follow-up phone calls or sent reminder emails ahead of consultation deadlines.

In general, the pre-regulatory consultations raised minimal concerns regarding the Order. Eighteen respondents submitted 21 comments during the consultation. Some of the respondents provided comments on multiple species at the same time. Participants included

Of the 10 First Nations, Indigenous groups, and Indigenous associations that provided feedback, 1 supported the proposal, 1 opposed it, and 8 provided general comments focused on the assessment rather than the proposal itself, an expression of interest to implement meaningful consultationsfootnote 6 and a request to be informed about the process and final report.footnote 7 The opposing comment specifically addressed the down-listing of the Skillet Clubtail from endangered to special concern, citing insufficient and unreliable data in COSEWIC’s assessment. It also requested that the report be returned to COSEWIC for a proper assessment of the species. These comments are discussed in detail in the Assessment of Modern Treaty Implications (AMTI) in the Indigenous engagement section.

Two ENGOs supported the proposal, particularly the down-listing of the Dusky Dune Moth to threatened. One ENGO was neutral, while another opposed the down-listing of the Dusky Dune Moth, arguing that it could weaken efforts to protect the species and its sand dune habitat. The opposing ENGO stated that there is insufficient quantitative data to assess population abundance or trends and that down-listing is inappropriate given the continued threats to the species. They noted that only a few geographically isolated populations remain, and that habitat loss is expected to continue. In their view, maintaining the moth’s endangered status would encourage more robust action toward maintaining population stability and viable habitat. In this regard, the down-listing to threatened does not change its protections under SARA, as species listed as endangered or threatened result in no change to the level of statutory protection.

Regarding concerns raised by both a First Nation and an ENGO about COSEWIC’s assessments, the Department recommends listing decisions based on the best scientific information available at the time of COSEWIC’s assessment.

Table 2: Comments received regarding status assessments
Species Support Oppose Not indicated / general comment
American Marten, Newfoundland population 0 0 0
False Rue-anemone 1 0 0
Victorin’s Gentian 0 0 0
Skillet Clubtail 3 2 0
Dusky Dune Moth 2 1 0
Eastern Foxsnake, Great Lakes / St. Lawrence population 1 0 1
Eastern Foxsnake, Carolinian population 1 0 0
All species 1 0 8
Total 9 3 9

Indigenous engagement, consultation and modern treaty obligations

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 cultures. 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 Order.

Between December 2022 and October 2023, the Department consulted with Indigenous communities and organizations regarding the seven species assessed by COSEWIC to determine if the Order might impact their interests or activities. Emails were sent to Indigenous communities, informing them of the amendments to the species list and inviting feedback. Consultations included 984 contacts from 239 impacted Indigenous groups.

Consultations were also conducted by regional staff following an established and approved process. Contact (via emails, phone calls, in-person meetings, etc.) was made in the manner requested by Indigenous partners and with representatives designated by Indigenous groups. The Department consulted with Indigenous communities and organizations by identifying areas where species’ ranges overlapped with First Nations reserves or Indigenous traditional territories. Emails and, in some cases, hard copies of consultation materials were sent to these Indigenous partners, outlining the amendments to the List and inviting feedback. Where resources allowed, regional staff followed up with phone calls or reminder emails ahead of consultation deadlines. When Indigenous partners requested additional time to provide comments, extensions were granted. In some instances, community meetings were held to allow departmental staff to provide further context about the listing process and the species included in the Order.

Ten First Nations, Indigenous groups and Indigenous organizations responded. Their feedback included general comments on COSEWIC’s assessments, expressions of interest in future species-at-risk processes, confirmations of receipt and concerns about administrative capacity. There was one opposing comment which specifically addressed the down-listing of the Skillet Clubtail from endangered to special concern, citing insufficient and unreliable data in the assessment. Based on the Skillet Clubtail Recovery Strategy, progress for achieving population and distribution objectives should be evaluated through two indicators: 1) “no observed, estimated, inferred, or suspected reduction in the total number of mature individuals”; and 2) “no observed or inferred decline in the species’ range, its occupied habitat, and/or the quality of that habitat.” The First Nation pointed out that only one indicator was met (i.e. no observed or inferred decline in the extent of occurrence and area of occupancy); thus, the down-listing on the basis of one single indicator is unjustified and should be returned to COSEWIC for a reassessment. In this regard, the Department recommends listing decisions based on the best scientific information available at the time of COSEWIC’s assessment.

No concerns were raised specifically about the application of the Order on federal lands, including First Nation reserves.

The Department undertook consultations with the two First Nations with modern treaty signatories, whose territories overlapped with the ranges of the affected species. The Department consulted the Whitecap Dakota First Nation and Sioux Valley Dakota Nation populations and provided consultation materials in Inuktitut where appropriate. These communities were contacted directly, primarily by email, with additional correspondence sent by letter mail in many cases. Despite these efforts, no responses or comments were received from the modern treaty signatories.

The Order is not expected to affect Indigenous communities or introduce any new prohibitions. The general prohibitions under sections 32 and 33 of SARA will continue to apply on federal lands for the three species to be down-listed to threatened. However, for the four species to be down-listed to special concern, these prohibitions will no longer apply.

Additionally, the Order is not expected to impact harvesting rights, as the species in question are neither actively nor commonly harvested, nor are they known to be used by Indigenous peoples for cultural purposes. No concerns regarding these aspects were raised during the consultations.

The Order is also not anticipated to directly or indirectly affect the rights of Indigenous peoples. It aligns with the federal government’s obligations under section 35 of the Constitution Act, 1982, modern treaties and human rights commitments, as defined by the United Nations 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, up-list or down-list 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 COSEWIC’s 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, organization or person in Canada, 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 of the Order, defined as the difference between the baseline scenario and the regulatory scenario in which the 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 will occur without the 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 2023 constant dollars, discounted at 3%footnote 8 over the period of 2025–2034.

Overall, the Order is expected to not impose any new costs on Canadian society and may result in avoided costs from enforcement activities no longer being required due to species down-listing. The costs associated with the Order to the Government of Canada are expected to be low. These costs primarily involve the updating of recovery strategies, development of action plans, management plans and implementation reports.

Benefits

The Order will align 7 species’ designations on Schedule 1 of SARA with the result of recent COSEWIC assessments — 3 species are being down-listed to threatened, and 4 species are being down-listed to special concern. The Order will also update the names of 13 species, including 1 species that will also be reclassified. 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 listed as 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 approach based on biological characteristics and identified threats maximizes conservation chances and prevents costly future measures.

The down-listing of species like the Dusky Dune Moth and both populations of the Eastern Foxsnake may signal population stability improvements; however, several of the amendments leading to the down-listing of species like the American Marten (Newfoundland population) and the Skillet Clubtail are a result of an evolving interpretation of available scientific information. Down-listing allows resource reevaluation for species needing urgent attention.

While not incremental to this Order, the continued protection of these species under SARA provides benefits to Canadians. For context only, and using the total economic value framework, the analysis found that the continued existence of these species is linked to the provision of benefits, such as cultural value for Indigenous peoples, scientific and research values, and existence value. For example, the Dusky Dune Moth is a part of Canadian ecosystems that are important to Indigenous people, who recognize the interrelationships of all species within the ecosystem.footnote 9 Additionally, the Dusky Dune Moth is a member of a highly specialized dune-dwelling community of species that are restricted to the widely separated and isolated active sand dune habitats. Research on this moth can help scientists understand the effects of habitat loss, climate change and invasive species on dune habitats, and can also contribute to the broader knowledge of moth biodiversity and their roles in ecosystems.footnote 10

Both populations of Eastern Foxsnake in the Order can also provide insights into the conservation of reptile species in fragmented habitats. Research on this population can help scientists understand the impacts of urbanization and habitat loss on snake populations, and inform conservation strategies to protect critical habitats. Additionally, across many Indigenous cultures, snakes can hold diverse meanings. They are considered allegories, deities or spirits of catastrophe linked to the Great Serpent and the Flood, or symbols of creation and renewal.footnote 11 The Eastern Foxsnake is also important in teachings about ecosystems and the environment, as they are regularly featured in education and awareness programs to encourage greater acceptance of native snakes.footnote 12

Generally speaking, preventing the extinction of a species contributes to overall biodiversity, the maintenance of which is essential for healthy ecosystems, human health, prosperity and well-being. Many people derive well-being from knowing that a species exists now and will continue to exist in the future. Studies indicate that society places substantial value on protecting and conserving biodiversity, including species at risk.footnote 13,footnote 14 The value of ensuring these species continue to exist also reflects societal willingness to invest in and prioritize biodiversity, highlighting a collective commitment to environmental stewardship and intergenerational equity.

For example, according to McCune et al. (2017), 89% of respondents in a survey of 1000 Canadians noted that they were committed to species conservation in general, and the majority supported endangered species conservation even when the subsequent requirement to limit human activities was explicitly stated.footnote 15 Furthermore, research on willingness-to-pay for species recovery programs in Quebec found that people are willing to support wildlife recovery, with annual contributions ranging from $12 for programs focused on insects, fish and molluscs, up to $160 for programs targeting large mammals.footnote 16

Avoided costs
Enforcement costs

The Order is anticipated to result in avoided costs to the Government of Canada. There is no change regarding enforcement efforts related to protections for the SARA species that are reclassified as threatened from endangered. In addition, enforcement costs related to verifying compliance with the general prohibitions under SARA via intelligence analysis, inspections, investigations and measures to deal with any offences under SARA will no longer be required for the species that are down-listed as special concern. While the avoided costs due to the Order could not be quantified, enforcement activities will continue to focus on SARA listed species that are extirpated, endangered or threatened at a higher risk of threats as a result of human activity.

Permit costs

For the species being reclassified as special concern, the general prohibitions under SARA will no longer apply and permits will not be required for activities involving these species. An analysis of permit applications for these four species identified zero upcoming permit applications or existing permits requiring renewal. Therefore, since there are no present or upcoming relevant permit applications, the Order will not create cost savings for these species.

Costs

This analysis considers incremental impacts expected to arise from the development and updating of recovery strategies, action 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. Costs to species included in the Order are organized by amendment type, as similar impacts are anticipated for each group.footnote 17

Classification as threatened

The Dusky Dune Moth and both populations of the Eastern Foxsnake are being down-listed to threatened under Schedule 1 of SARA. 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 will be the same for both endangered and threatened species.footnote 18 As the general prohibitions do not change for these species, there are no incremental impacts anticipated to Indigenous peoples and stakeholders in Canada as a result of the Order.

The Government of Canada is anticipated to incur incremental costs related to an update of the recovery strategies and action plans for each of these three species. Since both populations of the Eastern Foxsnake were previously combined into one document (for the recovery strategy), it is assumed that document updates for this species will only include one recovery strategy. While each population was included in separate multi-species action plans by Parks Canada, it is assumed that the costs of these updates will not exceed the cost of one new action plan that is species-specific and includes both populations. The costs to the Government of Canada are estimated at approximately $469,000 (undiscounted).

Down-listing to special concern

The American Marten, False Rue-Anemone, Victorin’s Gentian, and Skillet Clubtail are being down-listed to special concern and, therefore, the general prohibitions under SARA no longer apply to these species. There are therefore no incremental costs anticipated to Indigenous Peoples and stakeholders in Canada as a result of the Order.

Incremental costs to the Government are limited to the development of management plans for each species, as there are no incremental permits to be reviewed and enforcement activities are not required. The management plan development costs are anticipated to be reduced; however, due to the existing development work on the recovery strategies that are no longer required. The total costs for the management plans are estimated at approximately $145,000 (undiscounted).

Species assigned a name change

The Order will update the scientific or common names (or both) of 12 species on Schedule 1 of SARA without altering their conservation status. Additionally, the common name of the False Rue-anemone (threatened to special concern) is also being updated. There are minimal one-time costs to the Government due to the required updating of documents related to the management or recovery of these species. These costs include translation, publication and labour costs, which can vary widely depending on the extent of the amendments that each species requires. The total costs to the Government to update these documents are estimated at between $24,000 and $87,000 (undiscounted) due to the potential variability in the number of documents that may require more significant updating.

Enforcement costs

The Order is anticipated to result in no incremental enforcement costs to the Government of Canada because the level of protection for the SARA species that are already listed as either threatened or endangered remains the same. Also, according to SARA, the down-listing of species to special concern no longer affords protections under the general prohibitions.

Permit costs

An analysis of permit applications for the Dusky Dune Moth and both populations of the Eastern Foxsnake being reclassified as threatened in the Order identified zero upcoming or reoccurring (e.g. annual) permit applications.

Summary of benefits and costs

The 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.

Overall, the Order is not expected to impose any new costs on Canadian society and results in avoided costs from enforcement activities no longer being required due to species down-listing. The total costs associated with the Order to the Government of Canada are estimated at between approximately $637,000 to $700,000 (undiscounted). These costs involve the updating of recovery strategies, action plans, management plans and implementation reports, and reflect the possible variation in the number of documents that may require updating. Additionally, there are avoided costs to the Government due to enforcement activities no longer being required for the species being down-listed to special concern, though these avoided costs could not be quantified at this time.

The overall net cost of the Order is between approximately $576,000 to $639,000 (discounted at 3%, 2023 CAD) over the 10-year analytical period.

Small business lens

Analysis under the small business lens concluded that the Order will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no impact on business.

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. All provincial and territorial governments, with the exception of Quebec, endorsed the Accord for the Protection of Species at Risk in 1996, affirming their commitment to protecting and recovering species at risk. Although Quebec is not a party to the Accord, it maintains its own commitments to the protection of wildlife and biodiversity through provincial legislation and programs.

During consultations, one provincial government expressed support for the down-listing of the Dusky Dune Moth. One provincial government opposed the application of the Species at Risk Act regarding the Skillet Clubtail, on the basis that the province has the necessary legal tools to ensure the protection of the species and its habitat, noting as well that protection measures associated with the listing of species under SARA could lead to socioeconomic impacts in that province.

In this regard, as per the Cabinet Directive on Regulation, the Department undertook a cost-benefit analysis of the Order, the details of which can be found in the “Regulatory analysis” section.

The only territorial government that provided a comment expressed a neutral position.

Some of the species under consideration are currently designated under provincial legislation, as indicated in Table 3 below.

Table 3: Provincial/Territorial designations of species included in the Order

Common species name

Range

Amendment to Schedule 1 of SARA

Provincial or territorial legislation and designation

American Marten (Martes americana atrata) Newfoundland population

NL

Threatened to special concern

(down-list)

NL – Threatened status under the provincial Species at Risk Act

Dusky Dune Moth (Copablepharon longipenne)

AB, MB, SK

Endangered to threatened

(down-list)

MB – Endangered status under the Manitoba Endangered Species and Ecosystems Act

Eastern Foxsnake (Pantherophis vulpinus) Carolinian population

ON

Endangered to threatened

(down-list)

ON – Threatened status under the Endangered Species Act, 2007

Eastern Foxsnake (Pantherophis vulpinus) Great Lakes / St. Lawrence population

ON

Endangered to threatened

(down-list)

ON – Threatened status under the Endangered Species Act, 2007

Eastern Hog-nosed Snake (Heterodon platirhinos)

ON

Threatened

(renaming only)

ON – Threatened status under the Ontario Endangered Species Act, 2007

False Rue-anemone (Enemion biternatum)

ON

Threatened to special concern

(down-list & rename)

ON – Special concern status under the Endangered Species Act, 2007

Five-lined Skink (Plestiodon fasciatus) Carolinian population

ON

Endangered (renaming only)

ON – Special concern status under the Endangered Species Act, 2007

Five-lined Skink (Plestiodon fasciatus) Great Lakes / St. Lawrence population

ON

Special concern

(renaming only)

ON – Special concern status under the Endangered Species Act, 2007

Great Basin Spadefoot (Spea intermontane)

BC

Threatened

(renaming only)

None

Northern Leopard Frog (Lithobates pipiens) Rocky Mountain population

BC

Endangered

(renaming only)

None

Northern Leopard Frog (Lithobates pipiens) Western Boreal/Prairie populations

AB, MB, NWT, SK

Special concern

(renaming only)

AB – Threatened status under Alberta’s Wildlife Act

NWT – Threatened under the territorial Species at Risk (NWT) Act

Pacific Gophersnake (Pituophis catenifer catenifer)

BC

Extirpated

(renaming only)

None

Pacific Pond Turtle (Actinemys marmorata)

BC

Extirpated

(renaming only)

None

Pygmy Short-horned Lizard (Phrynosoma douglasii)

BC

Extirpated

(renaming only)

None

Skillet Clubtail (Gomphurus ventricosus)

ON, QC, NB, NS

Endangered to special concern

(down-list)

ON – Threatened status under the Endangered Species Act, 2007

NB – Endangered under New Brunswick’s Species at Risk Act

Slender Mouse-ear-cress (Halimolobos virgata)

AB, SK

Threatened

(renaming only)

AB – Endangered status under the provincial Wildlife Act

SK – threatened status in the Wild Species at Risk Regulations

Threaded Vertigo (Vertigo rowellii)

BC

Special concern

(renaming only)

None

Victorin’s Gentian (Gentianopsis virgata ssp. Victorinii)

QC

Threatened to special concern

(down-list)

None

White-headed Woodpecker (Picoides albolarvatus)

BC

Endangered

(renaming only)

None

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a comprehensive Climate, Nature and Economy Lens (CNEL) assessment has been conducted. The CNEL assessment concluded that the Order will 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 Order will support the 2022–2026 Federal Sustainable Development Strategy (FSDS) Goal 15 to “Protect and Recover Species, Conserve Canadian Biodiversity” and will support the Government of Canada’s priority, as stated in the FSDS, of “enhancing the implementation of the Species at Risk Act.” It will 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 Order will 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, will apply to the species that remain on the List, the Order will 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 the Order, 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 Order. The results of this analysis indicate that the 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 Order.

Indigenous communities may face barriers to participating in the consultation process for the Order. 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 Indigenous partners requested a time extension to provide comment, the extension was provided.

The region where a person resides was the main factor determining how they will be affected by the Order. During the consultation process for this Order, 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.

The Department strives to ensure that individuals with limited scientific knowledge or training are aware of the 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 Order where appropriate.

Implementation, compliance and enforcement, and service standards

Implementation

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

To implement the Order, procedures and information are updated, and monitoring and enforcement are put in place. This is explained in detail in the “Compliance and enforcement” section.

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.

ECCC and Parks Canada will collaborate with land managers and staff of the national parks, national park reserves, and national historic sites or national wildlife areas where the species are found, to continue to raise awareness of their existence, and to discuss any changes as a result of the down-listing of certain 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 19

Permits issued under SARA and 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 of SARA allows for the competent minister to issue permits under another Act of Parliament (e.g. the Canada National Parks Act) that will 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