Critical Habitat of the Channel Darter (Percina copelandi) Lake Erie Populations Order: SOR/2026-78

Canada Gazette, Part II, Volume 160, Number 10

Registration
SOR/2026-78 May 4, 2026

SPECIES AT RISK ACT

Whereas the Channel Darter (Percina copelandi) Lake Erie 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 Minister of Fisheries and Oceans and the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, have together prepared a recovery strategy identifying the critical habitat of that species and that recovery strategy has been included in the Species at Risk Public Registry;

And whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)footnote b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order;

Therefore, the Minister of Fisheries and Oceans and the Minister of the Environment make the annexed Critical Habitat of the Channel Darter (Percina copelandi) Lake Erie Populations Order under subsection 58(4) and paragraph 58(5)(a) of the Species at Risk Act footnote a.

Ottawa, April 14, 2026

Joanne Thompson
Minister of Fisheries and Oceans

Ottawa, March 27, 2026

Julie Dabrusin
Minister of the Environment

Critical Habitat of the Channel Darter (Percina copelandi) Lake Erie Populations Order

Application

1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Channel Darter (Percina copelandi) Lake Erie populations — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act.

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 orders.)

Issues

The Channel Darter (Percina copelandi) is a small fish in the perch family that lives along the shorelines of large lakes and medium to large rivers in southern Ontario and Quebec, Canada.

In August 2019, two populations of Channel Darter, Lake Erie and Lake Ontario populations, were listed as endangered speciesfootnote 1 under the Species at Risk Actfootnote a (SARA). The critical habitatfootnote 2 for both populations are detailed in the Recovery Strategy and Action Plan for the Channel Darter (Percina copelandi) in Canada (Lake Erie and Lake Ontario populations), which was posted on the Species at Risk Public Registry (the Public Registry) on October 23, 2025.

As the competent ministers under SARA, the Minister of Fisheries and Oceans and the Minister of the Environment as the Minister responsible for Parks Canada (the ministers) are required to ensure that the Channel Darter’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.

For the area of critical habitat of Channel Darter Lake Erie populations located along the shoreline of Point Pelee National Park of Canada, in accordance with subsection 58(2) of SARA, the Minister of the Environment published a description of the critical habitat that is within the boundaries of that Park in the Canada Gazette on December 13, 2025. This triggered the application of the prohibition in subsection 58(1) of SARA against destroying any part of the species’ critical habitat in that National Park. For the remaining areas of critical habitat, the competent ministers are required to make the Critical Habitat of the Channel Darter (Percina copelandi) Lake Erie Populations Order and the Critical Habitat of the Channel Darter (Percina copelandi) Lake Ontario Populations Order (the orders) in order to trigger the application of the prohibition in 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

Channel Darter

In Canada, the Channel Darter’s range is in southern Ontario and Quebec, within the Huron-Erie Corridor, Lake Erie, and the Lake Ontario and St. Lawrence River drainages. It prefers the benthic zones of large lakes and medium to large-sized rivers with moderate currents.

Distribution of the Channel Darter Lake Erie populations is currently known to occur in the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie western basin (Point Pelee area), and Rondeau Bay, and Port Burwell in the central basin. The greatest threats to Lake Erie populations are invasive species, particularly Round Goby.

The Channel Darter Lake Ontario populations is currently known to occur in the Trent River (from Glen Ross to the town of Trenton), the Moira River system (including tributaries Skootamatta and Black rivers), and the Salmon River (from Kingsford to Shannonville). The greatest threats to Lake Ontario populations are altered flow regimes and barriers to movement.

In November 2016, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assessed the status of both Channel Darter populations and classified them as endangered. In August 2019, both populations were listed as endangered species on the List of Wildlife Species at Risk (Schedule 1) of SARA.

On October 23, 2025, the Recovery Strategy and Action Plan was published on the Public Registry. The Recovery Strategy and Action Plan identifies the critical habitat of both Channel Darter populations.

Existing protections

As with 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 Channel Darter critical habitat is not directly protected by the general prohibitions upon listing, many activities that would destroy Channel Darter 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 applicable competent minister may issue a permit only if SARA requirements are met, including (among other things) that the competent minister form the opinion that (i) the activity will not jeopardize the survival or recovery of the species (the “jeopardy precondition”); and (ii) all feasible measures to minimize impact on the species will be undertaken.

Further, all identified critical habitat for Channel Darter 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 of Fisheries and Oceans 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.

Finally, any works, undertakings or activities undertaken on federal lands or waters administrated by Parks Canada that are likely to destroy the critical habitat of the Channel Darter are already subject to other federal regulatory mechanisms. For example, section 82 of the Impact Assessment Act requires that Parks Canada determine whether carrying out a proposed project on federal lands or waters it administers is likely to cause significant adverse environmental effects before issuing any approval. Parks Canada impact assessments integrate requirements under SARA to identify, mitigate, and monitor adverse effects to listed species and their habitat.

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 and action plan 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 and 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 critical habitat orders, the prohibition in subsection 58(1) of SARA against the destruction of any part of the critical habitat of the Channel Darter that is identified in the Recovery Strategy and Action Plan for the species, outside of places referred to in subsection 58(2) of SARA.

Description

The critical habitat of the Channel Darter Lake Erie populations can be found in the St. Clair River, the Detroit River, and the western (Point Pelee area) and central basins (Rondeau Bay) of Lake Erie. Critical habitat for the Channel Darter Lake Ontario populations can be found in the Trent and Salmon rivers, and in the Moira River system, which includes the Skootamatta and Black rivers.

The Recovery Strategy and Action Plan 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 and Action Plan for more information.

The Critical Habitat of the Channel Darter (Percina copelandi) Lake Erie Populations Order and the Critical Habitat of the Channel Darter (Percina copelandi) Lake Ontario Populations Order trigger the application of the prohibition set out in subsection 58(1) of SARA against the destruction of any part of the Channel Darter 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 these Channel Darter populations, the Recovery Strategy and Action Plan will be updated as appropriate following established consultative processes and taking into account feedback received from these consultations. The orders will apply to the revised critical habitat once included in an amended recovery strategy and action plan posted on the Public Registry.

The orders provide the ministers with a tool to ensure that the critical habitat of the Channel Darter is legally protected. They complement 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 Channel Darter Lake Erie and Lake Ontario populations, and the intention to protect the species’ critical habitat through critical habitat orders, occurred during the development of the Recovery Strategy and Action Plan for the species. The Department of Fisheries and Oceans Canada (DFO) and Parks Canada developed the Recovery Strategy and Action Plan with support from the Government of Ontario (Ontario Ministry of Natural Resources and Forestry, the Ministry of the Environment, Conservation and Parks). These groups were involved in both the drafting process, which began in 2019, and the reviews of the draft Recovery Strategy and Action Plan in 2022–2024.

Species experts from the Province of Ontario provided extensive input through reviews and feedback. All their comments were reviewed and incorporated into the draft Recovery Strategy and Action Plan where appropriate.

The proposed Recovery Strategy and Action Plan was posted on the Public Registry on August 29, 2024, for a 60-day public comment period. DFO notified targeted stakeholder groups by email of the public comment period. These groups included conservation authorities, environmental non-governmental organizations (ENGOs), municipalities, and agricultural organizations (refer to the next section of the Regulatory Impact Analysis Statement for a summary of Indigenous engagement). None of the stakeholder groups commented on the proposed Recovery Strategy and Action Plan during the 60-day comment period. One member of the public submitted two comments by email in August and October 2024 relating to threats to the Channel Darter and monitoring methods in the Recovery Strategy and Action Plan. No follow-up was required.

Indigenous engagement, consultation and modern treaty obligations

DFO consulted 19 Indigenous communities. Indigenous communities selected for consultation on the Channel Darter Recovery Strategy and Action Plan, including critical habitat considerations, were identified as those potentially having reserve lands or traditional lands near the distribution of the species. Critical habitat is located in the St. Clair River (Lake Erie populations) and in the Salmon River (Lake Ontario populations), which border reserve lands.

In March 2022 DFO initiated an early engagement process with the selected Indigenous communities, providing them the opportunity to collaborate on the development of the draft Recovery Strategy and Action Plan. In December 2022, a summary of the Recovery Strategy and Action Plan was sent to them, inviting further discussion and comments ahead of the public consultation period.

Walpole Island First Nation (WIFN) responded to the early engagement opportunity and an online meeting with a representative from WIFN’s Natural Heritage Centre was held in April 2022. During this meeting, the Channel Darter Recovery Strategy and Action Plan and other upcoming species documents relevant to WIFN were discussed. An offer was made to meet with WIFN’s Chief and Council if needed.

In March 2022, the Mohawks of the Bay of Quinte (MBQ) were sent a letter via email that discussed the potential identification of critical habitat within Tyendinaga Reserve lands. A follow-up email and letter were sent to MBQ, which included a map of potential critical habitat in the Salmon River within Tyendinaga, a plain language summary, and an explanation that if MBQ was supportive, this section of critical habitat within the reserve would be identified in the Recovery Strategy and Action Plan. DFO’s Species at Risk Program met with MBQ in January 2023 and discussed the Recovery Strategy and Action Plan, the benefits and/or implications of critical habitat, and funding programs. Clear and direct support for the identification of critical habitat within Tyendinaga was not received from MBQ; as a result, the section of critical habitat within their reserve was removed from the Recovery Strategy and Action Plan.

In August 2024, Indigenous communities were given notice about the upcoming posting of the proposed Recovery Strategy and Action Plan on the Public Registry for a 60-day public comment period. A follow-up email with links to the document was also sent once the public comment period was open. A reminder email was circulated in September 2024, in advance of the closing of the comment period in October 2024. No comments were submitted by Indigenous communities during the public comment period about the Recovery Strategy and Action Plan.

Consultation with the Minister of Indigenous Services and a band under the Indian Act was not required to satisfy SARA 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 orders.

Consultation with a wildlife management board was not required to satisfy SARA 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 orders.

An assessment of modern treaty implications was completed. The assessment concluded that implementation of this proposal will likely not have an impact on the rights, interests, and/or self-government provisions of modern treaty partners. The critical habitat of the Channel Darter 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 competent 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 of Fisheries and Oceans 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 a critical habitat order by the competent Minister(s) is necessary to legally protect the critical habitat of an aquatic species at risk to the extent required under SARA.

Regulatory analysis

Benefits and costs

Incremental costs
Costs to Canadians and businesses in Canada

The cost-benefit analysis assesses the incremental costs of the orders 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 and Parks Canada are not aware of any ongoing activities or projects currently under regulatory review that will require additional mitigation measures to protect the critical habitat of Channel Darter (Lake Erie and Lake Ontario populations) beyond the requirements of existing regulatory regimes. Thus, these orders are not anticipated to result in incremental costs to ongoing activities and projects currently under regulatory review.

Project applications may be submitted to DFO or Parks Canada (as appropriate) in the coming years seeking authorizations for works, undertakings or activities that may destroy the critical habitat of the Channel Darter Lake Erie and Lake Ontario populations. 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 these orders. This would include measures to avoid, mitigate, and offset the adverse effects of a project on critical habitat. Therefore, the incremental impacts of making orders 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 orders, as it may undertake some additional activities associated with compliance promotion and enforcement, the costs of which will be absorbed through existing funding allocations.

Incremental benefits

Outreach and efforts to raise awareness that will be undertaken as part of the compliance promotion activities for these orders, in combination with outreach activities that will be undertaken surrounding the implementation of the Recovery Strategy and Action Plan, may contribute to behavioural changes among Canadians and Canadian businesses. These behavioural changes 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 orders do not impose any incremental regulatory costs on small businesses.

One-for-one rule

The one-for-one rule does not apply to the orders, as no additional administrative burden is anticipated to be imposed on businesses. The orders 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 orders will respect this international agreement in furthering the protection of significant habitats in Canada to conserve wildlife species at risk.

International obligations

The orders are 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 orders. It concluded that a strategic environmental analysis was not required for the orders because they are not expected to have an important environmental effect on their own, considering the existing federal regulatory protections and mechanisms in place. However, it is expected that, when all planned recovery activities and legal protections are considered together, these will have a positive impact on the environment and biodiversity, and will contribute to the achievement of the Federal Sustainable Development Strategy goal of protecting and recovering species, and conserving Canadian biodiversity.

Gender-based analysis plus

No impacts based on gender and other identity factors have been identified for the orders.

Implementation, compliance and enforcement, and service standards

Implementation

These orders 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 the Channel Darter Lake Erie or Lake Ontario populations, not within Parks Canada’s lands and waters, 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 competent 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 competent 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.

Parks Canada is responsible for SARA permitting, compliance promotion, and enforcement of the orders on lands and waters under its administration. Any works, undertakings or activities assessed by Parks Canada that are likely to destroy the critical habitat of the Channel Darter Lake Erie or Lake Ontario populations are already subject to other federal regulatory mechanisms. As required by the Impact Assessment Act (2019) and Parks Canada’s Directive on Impact Assessment, all new projects and activities that have the potential to cause adverse environmental effects on lands and waters administered by Parks Canada must be evaluated for their potential to cause significant adverse environmental effects through Parks Canada’s impact assessment process. This assessment, including mitigation measures to address the effects on natural and cultural resources, helps ensure compliance with SARA prohibitions. In addition, Parks Canada has enforcement authority over lands and waters under its administration, supported by park wardens. These existing protection measures will continue to apply when the orders are in force.

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 and Parks Canada 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 Channel Darter Lake Erie or Lake Ontario 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 or Parks Canada. For more information, proponents should consult DFO’s projects near water web page.

Contacts

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

Lisa Young
Director
Conservation Strategy Branch
Parks Canada
30 Victoria Street
Gatineau, Quebec
J8X 0A8
Email: commentairesderegistreEEP-SARregistrycomments@pc.gc.ca