Critical Habitat of the Plains Minnow (Hybognathus placitus) Order: SOR/2026-56

Canada Gazette, Part II, Volume 160, Number 7

Registration
SOR/2026-56 March 23, 2026

SPECIES AT RISK ACT

Whereas the Plains Minnow (Hybognathus placitus) is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Act footnote 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 Plains Minnow (Hybognathus placitus) Order under subsection 58(4) and paragraph (5)(a) of the Species at Risk Act footnote a.

Ottawa, March 19, 2026

Joanne Thompson
Minister of Fisheries and Oceans

Critical Habitat of the Plains Minnow (Hybognathus placitus) Order

Application

1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Plains Minnow (Hybognathus placitus), 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 Plains Minnow (Hybognathus placitus) is a small fish with very limited distribution in Canada. It has been found in one area of southern Saskatchewan, in a small drought-prone stream named Rock Creek.

In August 2019, the Plains Minnow was listed as a threatened speciesfootnote 1 under the Species at Risk Act (SARA). The critical habitatfootnote 2 of the Plains Minnow was identified in the Recovery Strategy for the Plains Minnow (Hybognathus placitus) in Canada (the Recovery Strategy), which was posted on the Species at Risk Public Registry (the Public Registry) on September 22, 2025.

As competent minister under SARA, the Minister of Fisheries and Oceans (the Minister) is required to ensure that the Plains Minnow’s critical habitat is legally protected by (a) provisions in, or measures under, SARA or any other Act of Parliament, including agreements under section 11; 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

Plains Minnow

The Plains Minnow has a widespread distribution in the United States. Its existence in Canada was discovered in 2003 in southern Saskatchewan, with its distribution limited to within Rock Creek. The biggest limitation to the Plains Minnow’s persistence in Canada is its extremely small and localized distribution situated within a naturally drought-prone stream. The species requires long stretches of flowing water to complete its life cycle. Low-density cattle ranching is the main activity on land surrounding Rock Creek within the known distribution of the Plains Minnow.

In May 2012, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assessed the status of the Plains Minnow and classified it as threatened. In August 2019, the Plains Minnow was listed as a threatened species on the List of Wildlife Species at Risk (Schedule 1) of SARA.

On September 22, 2025, the Recovery Strategy was published on the Public Registry. The Recovery Strategy identifies the critical habitat of the Plains Minnow.

Existing protections

As a threatened aquatic species listed under Schedule 1 of SARA, the prohibitions in sections 32 and 33 of SARA automatically applied upon listing:

SARA provides mechanisms to authorize persons to engage in an activity that would otherwise contravene the general prohibitions, including via a permitting or authorization process. Although the Plains Minnow critical habitat is not directly protected by the general prohibitions upon listing, many activities that would destroy Plains Minnow critical habitat would also be likely to cause harm to individuals. Where that is the case, an application for a SARA permit is required, given the effects of the activity on individuals of the species, even before the making of a critical habitat order. In such instances, the appropriate minister may issue a permit only if SARA requirements are met, including (among other things) that the Minister form the opinion that (a) the activity will not jeopardize the survival or recovery of the species (the “jeopardy precondition”); and (b) all feasible measures to minimize impacts on the species will be undertaken.

Further, all identified critical habitat for Plains Minnow is already subject to the fish habitat protection provisions of the Fisheries Act, which prohibit works, undertakings, and activities that result in 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.

Obligation to protect critical habitat under SARA

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(s) and posted on the Public Registry. Based on the best available information and to the extent possible, the recovery strategy and 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 3 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).

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 Plains Minnow that is identified in the Recovery Strategy for the species.

Description

Plains Minnow critical habitat can be found in the 26.5 river kilometres of barrier-free river length within Rock Creek in Saskatchewan, beginning at the United States border and extending upstream. While much of this portion of Rock Creek lies within the boundaries of Grasslands National Park, the waterway is not currently considered part of Grasslands National Park nor waters or lands under the authority of the Minister responsible for the Parks Canada Agency.

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) occur. Refer to the Recovery Strategy for more information.

The Critical Habitat of the Plains Minnow (Hybognathus placitus) Order (the Order) triggers the application of the prohibition set out in subsection 58(1) of SARA against the destruction of any part of the Plains Minnow critical habitat.

If new information becomes available to support changing the critical habitat of the Plains Minnow, the Recovery Strategy will be updated following consultation processes, taking into account feedback from these consultations. The Order will apply to the revised critical habitat once included in an amended Recovery Strategy posted as final on the Public Registry.

The Order provides the Minister a tool to ensure that the critical habitat of the Plains Minnow 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 unauthorized 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 Plains Minnow, 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. Fisheries and Oceans Canada (DFO) developed the Recovery Strategy with support from Parks Canada, the Government of Saskatchewan (Saskatchewan Water Security Agency, Saskatchewan Ministry of Environment, Saskatchewan Ministry of Agriculture) and the Saskatchewan Conservation Data Centre. A cattle rancher whose family holds grazing leases overlapping identified critical habitat also participated in the consultations. These groups were involved in both the drafting process, which began in 2017, and the reviews of the draft Recovery Strategy in 2021–2023.

The Government of Saskatchewan provided input regarding activities adjacent to critical habitat, including irrigation infrastructure, property allocations, livestock grazing and associated regulations, as well as the presence of an oil and gas pipeline. Parks Canada provided details about the footprint of the Rock Creek Campground within Grasslands National Park and usage impacts at the site. All their comments were reviewed and incorporated into the draft Recovery Strategy, where appropriate.

Between 2020 and 2021, the cattle rancher raised concerns about the characterization of cattle grazing as a threat to the species. Following discussions with DFO about their land management practices, including patchwork grazing and low-intensity stocking, the draft Recovery Strategy was revised to more accurately reflect the actual low impact of his cattle on the local ecosystem.

The proposed Recovery Strategy (PDF) was posted on the Public Registry on December 11, 2024, for a 60-day public comment period. On December 10 and December 11, 2024, DFO notified stakeholders and local Indigenous communities by email of the opportunity to provide comments on the proposed Recovery Strategy (refer to the next section of this Regulatory Impact Analysis Statement [RIAS] for a summary of Indigenous engagement). Stakeholders included Parks Canada, the cattle rancher holding grazing leases in the area, Saskatchewan Water Security Agency, Saskatchewan Ministry of Environment, Saskatchewan Ministry of Agriculture, Environment and Climate Change Canada and Agriculture and Agri-Food Canada. A total of 13 comments were received on the proposed Recovery Strategy from the Saskatchewan Ministry of Agriculture, the cattle rancher and a member of the public. The feedback focused on clarifying links between critical habitat, land use and water management. Key concerns included cattle access to streams, Crown land stocking rates, water withdrawal licensing, herbicide use and pipeline risks. DFO responded with minor language clarifications about mitigation procedures and regulatory processes. The cattle rancher expressed support for the proposed Recovery Strategy, noting it appropriately balances biodiversity protection with sustainable livelihoods.

Indigenous engagement, consultation and modern treaty obligations

DFO consulted Cowessess First Nation, Sturgeon Lake First Nation, Wood Mountain First Nation and the MĂ©tis Nation of Saskatchewan. These First Nations and the MĂ©tis organization were selected based on potentially having reserve lands or traditional lands near the distribution of the species.

In November 2021, DFO initiated an early engagement process with Cowessess First Nation, Sturgeon Lake First Nation, Wood Mountain First Nation and the MĂ©tis Nation of Saskatchewan, inviting them to collaborate on the development of the draft Recovery Strategy, including critical habitat. The email provided background on the species and the components of the Recovery Strategy, and offered multiple avenues for participation, including email, phone or virtual meetings. The email contained an attachment of an infographic featuring a map of the species’ distribution, and identified threats and actions to be avoided around critical habitat. No clear position, responses or expressions of interest were received during this early engagement process.

In 2023, Cowessess First Nation, Sturgeon Lake First Nation, Wood Mountain First Nation and the MĂ©tis Nation of Saskatchewan were provided a copy of the draft Recovery Strategy and invited to provide comments. No responses were received.

On December 10, 2024, DFO provided notice to Cowessess First Nation, Sturgeon Lake First Nation, Wood Mountain First Nation and the MĂ©tis Nation of Saskatchewan about the upcoming posting of the proposed Recovery Strategy on the Public Registry for a 60-day public comment period. A follow-up email was sent on December 11, 2024, to confirm the posting. The email invited these First Nations and the MĂ©tis organization to provide input on the proposed Recovery Strategy and to apply for funding through the Canada Nature Fund for Aquatic Species at Risk (CNFASAR). They were directed to the CNFASAR website or their DFO regional coordinator for application support. No comments were received.

Consultation with the Minister of Indigenous Services and a band under the Indian Act was not required to satisfy SARA’s subsection 58(7), 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.

Consultation with a wildlife management board was not required to satisfy SARA’s subsection 58(8), 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. The critical habitat of the Plains Minnow does not overlap lands subject to a modern treaty.

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.

According to jurisprudence, other federal laws must provide an equal level of legal protection for critical habitat as would be engaged through subsections 58(1) and (4), failing which, the Minister must make a critical habitat order, triggering the application of subsection 58(1) of SARA. According to this same jurisprudence, subsection 35(1) of the Fisheries Act does not provide equivalent legal protection to critical habitat, as 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

The cost-benefit analysis assesses the incremental costs of the Order on ongoing activities and future projects that are currently under regulatory review and planned to be implemented. The proponents of activities or projects that would result in the destruction of critical habitat already need to comply with existing regulatory regimes (outlined in the “Background” and “Implementation” sections), which form part of the baseline for incremental impact analysis.

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 Plains Minnow beyond the requirements of existing regulatory regimes. Consequently, the Order is not anticipated to result in incremental costs to ongoing activities and projects currently under regulatory review.

Project applications may be submitted to DFO in the coming years seeking authorization for works, undertakings or activities that may destroy a part of Plains Minnow critical habitat. However, the nature and scope of any 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 submitted in the coming years would be subject to similar authorization terms and conditions as before the making of the 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 among 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. As such, the Order will respect this international agreement in furthering the protection of significant habitats in Canada to conserve wildlife species at risk.

International obligations

The Order 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 was conducted for effects on the environment, biodiversity, greenhouse gas emissions and Canada’s climate resilience, as well as the potential impacts of climate change on the implementation of the Order. It concluded that a strategic environmental analysis was not required for the Order, because the Order is not expected to have an important environmental effect on its own, considering the existing federal regulatory protections and mechanisms in place.

However, when all planned recovery activities and legal protections are considered together, it is expected that these will have a positive impact on the environment and biodiversity, and will contribute to the achievement of the Federal Sustainable Development Strategy goal to protect and recover species, and conserve Canadian biodiversity (Goal 15).

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

The Order will be implemented under existing processes, and in a manner consistent with the Government’s commitment to make decisions under the Fisheries Act and/or SARA for major projects within a two-year time frame.

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 Plains Minnow, 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. 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 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 (or a permit authorized under any other applicable Act of Parliament) that has the same effect as a SARA permit, if approved, would contain the terms and conditions considered necessary for protecting the species and its critical habitat, minimizing the impact of the authorized activity on the species and its critical habitat, or providing for its recovery. 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, SARA or other Acts of Parliament, including critical habitat considerations, are already considered by DFO staff during the review of an application.

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 Plains Minnow 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 Operations
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Email: SARA_LEP@dfo-mpo.gc.ca