Order Amending Schedule 1 to the Species at Risk Act (Canada Warbler and Six Other Wildlife Species): SOR/2026-201

Canada Gazette, Part II, Volume 160, Number 20

Registration
SOR/2026-201 September 25, 2026

SPECIES AT RISK ACT

P.C. 2026-858 September 25, 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 (Canada Warbler and Six Other Wildlife Species) under subsection 27(1) of the Species at Risk Act footnote a.

Order Amending Schedule 1 to the Species at Risk Act (Canada Warbler and Six Other Wildlife Species)

Amendments

1 Part 3 of Schedule 1 to the Species at Risk Act footnote a is amended by striking out the following under the heading “Birds”:

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

Owl, Short-eared (Asio flammeus)
Hibou des marais

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

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

Coming into Force

5 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 October 2021, May 2022, and December 2022, the Minister of the Environment (the Minister) received assessments from the Committee on the Status of Endangered Wildlife in Canadafootnote 1 (COSEWIC), capturing seven species, including the Canada Warbler, Bobolink, Ferruginous Hawk, Eastern Whip-poor-will, Short-eared Owl, Barn Swallow and Great Blue Heron fannini subspecies. COSEWIC identified a change in status for these species. Until the species’ status on Schedule 1 — the List of Wildlife Species at Risk — of the Species at Risk Act (SARA) is updated to reflect the latest assessment results, the protections and measures under SARA do not correspond to the risks associated with the changed status.

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 the 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 among the Department of the Environment (the Department), the Department of Fisheries and Oceans (DFO) and Parks Canada.

SARA sets out a process for assessing the status of wildlife species in Canada, and the subsequent protection of those species assessed to be at risk. SARA establishes COSEWIC as an arm’s-length body responsible for assessing the status of wildlife species in Canada and classifying those species as extinct, extirpated, endangered, threatened or of special concern. COSEWIC carries out these assessments based on the best available information on the biological status of the species, such as population trends, threats, habitat conditions and extinction risk, as well as other scientific information, community knowledge and Aboriginal Traditional Knowledge. A series of quantitative criteria and guidelines are used for the status assessment of wildlife species.footnote 4 COSEWIC members are appointed by the Minister and must have considerable expertise in disciplines related to conservation biology, population dynamics, taxonomy, wildlife and fisheries management, or other relevant fields. Where new scientific information emerges during consultation, the Governor in Council (GIC) may refer the matter back to COSEWIC for further information or consideration. The SARA listing process is designed to be transparent and accountable.

Between 2020 and 2022, COSEWIC completed status assessments for the following seven species:

A detailed description of each species, including their range and threats, is available on the Species at Risk Registry, within the following documents: Consultations: amending terrestrial species list on Species at Risk Act, summary: January 2022; Consultation on Amending the List of Species under the Species at Risk Act: Terrestrial Species December 2022; and Consultation on Amending the List of Species under the Species at Risk Act: Terrestrial Species December 2023. Additional information pertaining to these species can also be found in the COSEWIC status reports.

General prohibitions and measures under SARA

General prohibitions

When a wildlife species is listed as extirpated, endangered, or threatened, the general prohibitions make it an offence to kill, harm, harass, capture, or take individuals of the listed species and/or to possess, collect, buy, sell, or trade individuals of the listed species or any part of derivative of such, or to damage or destroy a residence (e.g. nest or den).

For aquatic species and migratory birds, protected by the Migratory Birds Convention Act, 1994 (MBCA), the general prohibitions apply automatically wherever they are found in Canada. For other terrestrial species, they apply when the species are on federal land in the provinces, and on federal land under the authority of the Department or Parks Canada in the territories.footnote 5

For terrestrial species that are not migratory birds protected under the MBCA, the general prohibitions can be applied to non-federal lands if an order is made by the GIC.

The general prohibitions do not apply to species listed as special concern.

Other measures

Listing a wildlife species under SARA as extirpated, endangered, or threatened triggers a series of obligations for the Government, including the development of a recovery strategy and one or more action plans. The strategy must identify, to the extent possible, the critical habitat necessary for the species’ survival or recovery. Protection of the identified critical habitat on federal lands follows.

Listing a wildlife species under SARA as special concern requires the development of a management plan outlining conservation measures for the species to avoid a further decline in its status.

Objective

The objective of the Order is to update the status of seven species on Schedule 1 to ensure the species have the appropriate level of protection under SARA.

Description

The Order amends Schedule 1 to SARA by removing or reclassifying seven species:

Table 1: Changes to Schedule 1 of SARA
Species name Previously listed under SARA Change
Reclassification (uplisted)
Short-eared Owl (Asio flammeus) Special Concern Threatened
Reclassification (downlisted)
Ferruginous Hawk (Buteo regalis) Threatened Special Concern
Canada Warbler (Cardellina canadensis) Threatened Special Concern
Barn Swallow (Hirundo rustica) Threatened Special Concern
Bobolink (Dolichonyx oryzivorus) Threatened Special Concern
Eastern Whip-poor-will (Antrostomus vociferus) Threatened Special Concern
Removed from Schedule 1
Great Blue Heron fannini subspecies (Ardea Herodias fannini) Special Concern Removed from Schedule 1

Reclassification — uplisted

The Short-eared Owl is being uplisted from special concern to threatened, which means the general prohibitions under SARA will apply on federal land in the provinces and federal land under the authority of the Department or Parks Canada in the territories. Since this species is not a migratory bird protected under the MBCA, the general prohibitions under SARA will not apply on non-federal lands in the provinces and territories unless an order is made by the GIC.

Reclassification — downlisted

The Barn Swallow, Canada Warbler, Bobolink, Eastern Whip-poor-will and Ferruginous Hawk are being downlisted from threatened to special concern, which means the general prohibitions under SARA will no longer apply for these species.

Removed from Schedule 1

The Great Blue Heron fannini subspecies is being removed from Schedule 1, which means it is no longer on Canada’s official list of wildlife species at risk and no longer requires SARA-specific protections or recovery planning.

Regulatory development

Consultation

Pre-regulatory consultation timelines

The Minister’s response statements for the seven species were published on the registry between January 2022 and December 2023, which started the pre-regulatory consultations for each species accordingly.

Table 2: Consultation timelines
Species Consultation timeline Path
Short-eared Owl (Asio flammeus) January 10, 2022 – October 2022 Extended
Canada Warbler (Cardellina canadensis)
Barn Swallow (Hirundo rustica)
Ferruginous Hawk (Buteo regalis) January 10, 2022 – May 10, 2022 Normal
Bobolink (Dolichonyx oryzivorus) December 16, 2022 – October 31, 2023 Extended
Great Blue Heron fannini subspecies (Ardea herodias fannini) December 13, 2023 – October 16, 2024 Extended  
Eastern Whip-poor-will (Antrostomus vociferus)
Actions taken

The Department sent emails to approximately 3 260 individuals and organizations subscribed to the Registry’s email newsletter. The emails invited comments on the impacts of the proposed amendments to the List resulting from COSEWIC’s assessments of the terrestrial species and provided links to relevant information, including the listing and consultation processes.

The Department’s regional staff also reached out directly to contacts, including Indigenous peoples and organizations, provincial, territorial and municipal governments, contacts in industry, resource users, landowners and environmental 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 documents mentioned above as well as fact sheets about the species proposed 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. In many cases, Indigenous communities and organizations were provided with physical copies of materials as well.

The Department offered teleconferences and meetings to explain the proposal and listing process. This helped ensure the consultation process remained accessible to people of all abilities, including those with differing educational backgrounds and/or limited scientific training.

The Department held online workshops and information sessions for Indigenous communities and organizations who may be impacted by the listing changes, as well as held meetings with some First Nations and implicated wildlife management boards (WMB). Where resources permitted, regional staff followed up with Indigenous partners on the initial consultation request with phone calls and/or additional emails seeking input before the expiry of the consultation periods.

Feedback received

A total of 79 participants provided 165 comments. Participants included:

General

Numerous general comments were received for the Canada Warbler, Bobolink, Barn Swallow, Short-eared Owl, Great Blue Heron fannini and the Eastern Whip-poor-will that identified a general disagreement with the COSEWIC assessment of status, offered personal opinions on the state of the species’ status, or noted that the change in status was premature and may put the species at risk of decline. None of the feedback received would put the scientific basis of the COSEWIC assessment in question. There were no general comments received related to the Ferruginous Hawk.

In response to the general comments, it is important to note that, as stated in the Background section, SARA establishes COSEWIC as an arm’s-length body for species at risk assessments in Canada. The Department relies on the expertise of COSEWIC to assess species based on the best available information and using quantitative criteria and guidelines.

Three First Nations noted that they did not have the capacity to effectively engage in the consultations — two in relation to the Barn Swallow, Canada Warbler and Short-eared Owl, and one in relation to the Bobolink.

With respect to capacity issues, the Department makes every effort to support engagement. The Species at Risk Consultation, Cooperation and Accommodation (SARA-CCA) project aimed to facilitate the participation of Indigenous communities and organizations in the listing and recovery planning process for terrestrial species through information sharing sessions, training sessions and other community engagement, and had the potential to provide modest capacity funding. This SARA-CCA project began in 2021 and was completed by March 31, 2026. Additionally, wherever possible, the Department extends the timeline for review, holds teleconferences, workshops and meetings to explain the proposal and listing process. The First Nations did not leverage the available support options for further engagement during the consultation process.

Reclassification — Uplisted
Short-eared Owl

A total of 39 comments were received related to uplisting the Short-eared Owl: 14 comments in support, 2 comments in opposition and 23 general comments. Several First Nations stressed that the Short-eared Owl should be recognized as a species of traditional significance to communities and supported the protections that would come into effect by uplisting the species from special concern to threatened, thereby protecting it for future generations of their Nation. Many participants did not specifically substantiate a position on the listing recommendation itself but rather provided general comments, including things like expressions of lack of capacity to effectively engage due to limited funding, the desire to be included in future processes, identifying no concerns with the proposal, no significant impact on the ability to practise aboriginal rights and confirmation of receipt of consultation materials but offered no comment.

The Government of Nunavut opposed the uplisting based on data from the Christmas Bird Survey (CBS) and the Breeding Bird Survey (BBS) stating that those surveys are inadequate in demonstrating the species’ decline.

The COSEWIC assessment relied on data from the CBS and BBS because these surveys are the primary long-term, standardized North American monitoring programs that capture the Short-eared Owl across large scales. The recommendation for the uplisting stemmed from ongoing population declines across Canada, driven by habitat loss, reduced prey availability and a projection of further declines exceeding 30% over the next few decades.

The Government of Quebec opposed the uplisting, citing the potential for socio-economic impacts associated with any listed species and noting that it has the right tools to manage the species on its own.

This Order is expected to result in low costs, and the general prohibitions apply to federal lands only. The protection of wildlife species is a responsibility shared between the federal, provincial and territorial levels of government, with the goal of establishing complementary legislation and programs that provide for effective protection of species at risk throughout Canada.

Reclassification — Downlisted
Canada Warbler

A total of 27 comments were received related to the downlisting of the Canada Warbler: 6 comments in support, 3 comments in opposition and 18 general comments. General comments included things like identifying no concerns with the proposal, saying no comment would be provided, no significant impact on the ability to practise aboriginal rights, and a lack of capacity to engage.

One First Nation opposed the downlisting noting that downlisting species that were once listed under SARA will work to undermine the current efforts that have led to the population regrowth of this species. Another First Nation opposed the downlisting, noting that in light of the unpredictability surrounding climate change impacts, they oppose downgrading the status of any species at risk.

The COSEWIC assessment recommended downlisting the Canada Warbler because updated analyses of BBS data showed slowed long-term declines and recent population increases, especially in key regions like Quebec and Ontario. As a species of special concern, a management plan will be developed to outline conservation measures and objectives to maintain a sustainable population for this species. None of the feedback received would put the scientific basis of the COSEWIC assessment in question.

The Government of Quebec opposed downlisting, citing the potential for socio-economic impacts associated with any listed species and noting that it has the right tools to manage the species on their own.

This Order is expected to result in low costs, and the general prohibitions apply to federal lands only. The protection of wildlife species is a responsibility shared between the federal, provincial and territorial levels of government, with the goal of establishing complementary legislation and programs that provide for effective protection of species at risk throughout Canada.

Barn Swallow

A total of 36 comments were received related to the downlisting of the Barn Swallow: 8 comments in support, 7 comments in opposition and 21 general comments. General comments included participants indicating no concerns with the proposal or that no comment would be provided; noting no significant impact on the ability to practise Aboriginal rights; acknowledging receipt of the consultation documents; expressing a desire to be consulted on any other modifications to SARA and; noting a lack of capacity to effectively engage in the consultation request.

One First Nation opposed the downlisting, noting that although the population appears to be increasing, it has not increased to the point they believe it should be downlisted. Another First Nation opposed the downlisting, noting that downlisting species that were once listed under SARA will work to undermine the current efforts that have led to the population regrowth of this species. A third First Nation opposed the downlisting, noting that in light of the unpredictability surrounding climate change impacts, they oppose downgrading the status of any species at risk. A fourth First Nation noted that with the population continuing to decline, they are alarmed that the Barn Swallow is being considered for a reduction in SARA protection. An Aboriginal association expressed strong opposition to downlisting the Barn Swallow, noting that the downlisting is premature and would put the species at further risk within their unceded territory. An ENGO opposed the downlisting noting that it could diminish efforts to protect the species and other aerial insectivores. They believe maintaining the federal listing of threatened would promote greater action towards maintaining population stability and viable habitat.

The COSEWIC assessment recommended downlisting because updated BBS data showed recent short-term trends have stabilized or slightly improved across Canada. As a species of special concern, a management plan will be developed to outline how to manage the species, its habitat and related threats, and how to prevent the species from becoming threatened or endangered. Management plans include performance indicators that provide a way to define and measure progress towards achieving the management plan objectives. Additionally, as part of their mandate, COSEWIC must review the classification of each species at risk at least once every 10 years, or at any time if it has reason to believe that the status of the species has changed significantly.

The Government of Quebec opposed the downlisting citing the potential for socio-economic impacts associated with any listed species and noting that it has the right tools to manage the species on its own.

This Order is expected to result in low costs, and the general prohibitions apply to federal lands only. The protection of wildlife species is a responsibility shared between the federal, provincial and territorial levels of government, with the goal of establishing complementary legislation and programs that provide for effective protection of species at risk throughout Canada.

Bobolink

A total of 31 comments were received related to the downlisting of the Bobolink: 6 comments in support, 5 comments in opposition and 20 general comments. General comments included asking whether other nations were engaged, noting that the species does not occur in the nation’s territory, noting no comments would be provided at this time, not indicating a position on the proposal, and noting no questions or concerns at this time.

One First Nation noted that the Bobolink is still very much under threat and feels the reclassification is unfounded. Another First Nation urged the Department not to downlist, noting unabated threats. Three ENGOs opposed the downlisting, noting that the Bobolink should retain its threatened status, with one suggesting the Minister should reject the COSEWIC assessment and follow the precautionary approach.

Refined BBS data showed a recent decline of approximately 25% over 10 years (2009–2019), which falls below the 30% threshold for threatened status. As a species of special concern, a management plan will be developed to outline conservation measures and objectives to maintain a sustainable population of this species.

Eastern Whip-poor-will

A total of 21 comments were received related to the downlisting of the Eastern Whip-poor-will: 6 comments in support, 3 comments in opposition and 12 general comments. General comments included noting that no comments would be provided, indicating that the proposal did not raise any legal issues, noting no concerns or questions, and noting a lack of resources to participate in the consultation.

One First Nation opposed the downlisting and suggested referral back to COSEWIC for reconsideration. Another First Nation expressed their opposition to the downlisting.

Recent trends have suggested possible population stabilization. As a species of special concern, a management plan will be developed to outline conservation measures and objectives to maintain a sustainable population of this species.

The Government of Quebec opposed the downlisting citing the potential for socio-economic impacts associated with any listed species and noting that it has the right tools to manage the species on its own.

This Order is expected to result in low costs, and the general prohibitions apply to federal lands only. The protection of wildlife species is a responsibility shared between the federal, provincial and territorial levels of government, with the goal of establishing complementary legislation and programs that provide for effective protection of species at risk throughout Canada.

Ferruginous Hawk

Two comments were received pertaining to the Ferruginous Hawk, both opposing the downlisting.

An ENGO noted that habitat disturbances continue to threaten the species’ survival. A municipal government opposed the change and suggested the assessment should be referred back to COSEWIC for further consideration.

The status change reflects an improvement in the population trend since the previous assessment but also recognizes that the species may become threatened again if threats are not effectively managed. As a species of special concern, a management plan will be developed to outline conservation measures aimed at preventing a further decline in its status.

Removed from Schedule 1
Great Blue Heron fannini subspecies

A total of 9 comments were received related to the proposal to remove the Great Blue Heron fannini subspecies from Schedule 1: 3 comments in support, 1 comment in opposition and 5 general comments. General comments included noting that no comments would be provided.

An individual stakeholder opposed, noting that removal from SARA was premature. The Government of British Columbia provided a general comment requesting a postponement of delisting to allow completion of the research necessary for a comprehensive and robust genomic assessment of the Great Blue Heron fannini subspecies.

The COSEWIC assessment determined that the fannini subspecies does not qualify as a separate group, as DNA tests and measurements have shown it is not distinct enough from other herons; the fannini subspecies is therefore eligible for removal from Schedule 1 of SARA. The protection of wildlife species is a responsibility shared between the federal, provincial and territorial levels of government, with the goal of establishing complementary legislation and programs that provide for effective protection of species at risk throughout Canada. The listing change does not prevent the province of British Columbia from conducting research on the genomic assessment of the Great Blue Heron fannini subspecies.

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 culture. 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.

All the birds addressed in the Order are likely to be found on lands where modern treaties apply. Where such an overlap exists (or potentially exists), the appropriate Indigenous communities and organizations were contacted for comment.

Under SARA, before the Minister can make a recommendation to the GIC, the Minister must consult WMBs if the species is found in an area where a WMB is authorized by a land claims agreement to perform functions in respect of wildlife species.

The Short-eared Owl is the only species being uplisted to threatened, thereby implementing the general prohibitions to protect the owl on federal lands. The Short-eared Owl is found across Canada and in all 27 modern treaty areas. Therefore, there is a requirement to engage with relevant WMBs because some boards have co-management authority over this species in specific regions. Eight boards provided feedback; The Torngat Wildlife and Plants Co-Management Board, the Hunting, Fishing and Trapping Coordinating Committee, and the Wildlife Management Advisory Council North Slope provided general comments acknowledging receipt of the consultation materials and stating they do not plan to make further comments. Three boards — the Wek’èezhÃŒı Renewable Resources Board, Sahtu Renewable Resource Board and the Gwich’in Renewable Resource Board — reached consensus to support the proposal. Two other boards — the Nunavik Marine Region Wildlife Board and the Eeyou Marine Region Wildlife Board — exercised their decision-making authority under their land claims agreements to approve the change in the status of the Short-eared Owl.

Based on the COSEWIC assessments, the Management Plan for the Short-eared Owl (Asio flammeus) in Canada and feedback received from Indigenous partners during the pre-listing consultations, it does not appear that there is a known practice of the harvest of the Short-eared Owl by Indigenous peoples. Although no direct harvesting practices involving the Short-eared Owl were identified, several communities emphasized its spiritual role and the importance of protecting its habitat as part of broader cultural stewardship responsibilities. As a result, no practical effect of the listing on any known practice of treaty rights is anticipated with respect to harvest.

The protection of the Owl’s residence, as defined under SARA, could have minimal impact on land use or development in areas where the species resides on First Nation reserve lands; however, this was not identified as an issue during the pre-listing consultations.

Additionally, the Department undertook an assessment to determine potential intersections between the proposal and the United Nations Declaration on the Rights of Indigenous People. The Order is not expected to impact differently, directly, or indirectly, the rights of Indigenous peoples. It respects the federal government’s obligations in relation to rights protected by section 35 of the Constitution Act, 1982, modern treaties and Indigenous rights as set out in the Declaration on the Rights of Indigenous Peoples Act.

Instrument choice

Following a COSEWIC assessment, the Minister may make a recommendation to the GIC with respect to amending the List, and, if the GIC agrees, Schedule 1 of SARA is amended. A wildlife species’ status on this list is the only way that SARA protections and other measures under SARA are applied in accordance with the risk levels identified for the species.

Regulatory analysis

Benefits and costs

Analytical framework

This analysis presents the incremental impacts, both benefits and costs, of the Order. Incremental impacts are defined as the difference between the baseline scenario and the regulatory scenario over the same time period. The baseline scenario includes ongoing activities on federal lands where individuals of a species are found and incorporates any projected changes over the next 10 years that would occur without the Order in place. The regulatory scenario includes the impacts expected to arise from general prohibitions and potential future critical habitat protection actions for the Short-eared Owl. The regulatory scenario also includes costs to government associated with the change in status of all species implicated in the amendments. The analysis is based on the best available information at the time of publication.

Based upon Treasury Board Secretariat (TBS) guidance and COSEWIC’s standard status reassessment every 10 years, an analytical period of 10 years has been used (2026–2035). Unless otherwise noted, all monetary values reported in this analysis are in 2025 constant dollars, discounted at 3%.

Summary

The Order is expected to trigger an incremental increase in protections and coordinated actions to support the recovery of the Short-eared Owl, thereby helping to preserve and enhance, in the long-term, the associated socio-economic value, including its cultural significance to Indigenous peoples as well as its recreational and existence value for Canadians.

Cost savings of up to $855,000 for society over 10 years will be generated from the downlisting of the Eastern Whip-poor-will, Bobolink, Canada Warbler, Barn Swallow and Ferruginous Hawk to special concern, as well as from the removal of Great Blue Heron fannini subspecies from the List. These savings will originate from implicated partners and stakeholders on federal lands no longer needing to apply for a SARA permit for these species, and from the decrease in recovery document requirements, permit applications processing and enforcement activities for the Government of Canada. The Great Blue Heron fannini subspecies no longer requires a management plan because it is removed from Schedule 1 of SARA.

The incremental costs to society of this Order are expected to be low, at up to $2.1 million over 10 years, and are mostly originating from the uplisting of the Short-eared Owl to threatened status, although some costs are attributable to the five downlisted species. Costs are associated with permit applications and potential mitigation activities for partners and stakeholders, as well as the processing of permit applications, development of a recovery strategy, action plan and management plans, compliance promotion and enforcement activities for the Government of Canada. Although a management plan was published for the Short-eared Owl in 2018, a recovery strategy will now be required due to its threatened status, with associated development costs.

Benefits
Benefits associated with the uplisting of the status of the Short-eared Owl

Canadians’ commitment to protecting species at risk was codified into law when Parliament enacted SARA in 2002. As affirmed in SARA, Canadians recognize the benefits associated with protecting wildlife species and ecosystems given that they are integral to Canada’s natural heritage and identity and contribute to the world’s shared biodiversity. Through domestic and international commitments, including the United Nations Convention on Biological Diversity, the Government of Canada has committed to taking timely action to conserve biological diversity and prevent species loss. Wildlife conservation in Canada is also described as a shared responsibility that relies on collaboration, complementary measures and stewardship efforts across jurisdictions and sectors.

Reclassifying the Short-eared Owl to threatened on Schedule 1 of SARA is a necessary step to ensure the appropriate level of protection based on the species level of risk, as assessed by COSEWIC. This reclassification is expected to generate direct and indirect benefits to Canadians from its contribution to the conservation and recovery of the species via the incremental actions and protections triggered or enabled by the Order. The Order will trigger general prohibitions on federal land, the development of a recovery strategy that identifies threats and habitat needs and the development of an action plan outlining measures to implement recovery. If the recovery strategy identifies critical habitat on federal land, the Minister of the Environment must protect any unprotected portion of that critical habitat on federal lands.

Listing or uplisting a species on Schedule 1 is a significant step in mobilizing Canadian society toward the protection of wildlife species at risk. Success in securing the Short-eared Owl’s recovery will likely depend on complementary actions by provincial governments, Indigenous peoples and stakeholders, and is therefore not entirely attributable to this Order. However, this Order is expected to drive coordinated actions across the various jurisdictions and partners, in some cases prompting complementary measures that may otherwise have come later, if at all. Reclassifying the Short-eared Owl to threatened may enable more funding opportunities for scientific research or recovery projects under existing funding programs dedicated to species at risk conservation and recovery. This scientific research could help determine the factors that will ensure the species’ recovery over the long term.

Not all benefits provided to society by biodiversity can be quantified or monetized, and therefore the monetary value of those elements that can be quantified represents only a fraction of the value associated with the conservation of a species. The Total Economic Value (TEV) framework,footnote 6 which is commonly used to assess both market-priced and non-market priced benefits of protecting environmental goods, such as species, is used for this analysis.

The protection measures that will be taken as a result of this Order will help prevent further population declines and will contribute to recovery, thereby minimizing the loss of these benefits and even contributing to enhancing them over time. The benefits associated with the continued existence and recovery of the Short-eared Owl are described below.

Owls have long been a part of Indigenous storytelling and teachings. Owls continue to be prominent and profound throughout the lives of Indigenous Peoples in Canada. For example, for many First Nations, owls are considered to be an embodied spirit of the dead or associated with a spirit in some way. In some cases, the appearance of an owl, especially during the day, may be a harbinger of death.footnote 7 In other various cases, owl species represent complex symbols, such as power, protectors of humans, wisdom, or grief.footnote 8

Studies on at-risk species indicate that society values vulnerable species,footnote 9 especially iconic or charismatic species.footnote 10,footnote 11 Owls are assumed to be particularly iconic to Canadians, as shown by their attractiveness for bird watchers. They attract bird watchers all over Canada, which highlights the recreational value that they can provide to Canadians. There are currently 26 445 observations recorded for the Short-eared Owl on eBird Canada,footnote 12 demonstrating how recreational bird-watching of this species is significant across the country. Additionally, studies have demonstrated Canadians’ willingness-to-pay to support owl species’ recovery and to avoid their extirpation.footnote 13Indeed, many people derive well-being from simply knowing that a species exists now and will continue to exist.footnote 14 Although no quantitative estimate of the existence value of the Short-eared Owl is available, related studies indicate that society places value on similar species. For example, studies in Canada and the United States valuing the willingness-to-pay for the continued survival of the Spotted Owl have estimated it at up to $150 per year per household.footnote 15,footnote 15 A recent survey also estimated that one third of Canadians would be willing to make a one-time donation of $34 to the North American Waterfowl Management Plan (NAWMP) if it helped protect and conserve bird habitats.footnote 16

The Short-eared Owl plays an important role in keeping ecosystems functioning, which, in turn, provides benefits for Canadians. Owls’ nutrition habits and movements provide nutrient cycling and dispersal.footnote 17 Owls also provide valuable pest control services, which are essential to keep a balance in certain ecosystems. Additionally, the Short-eared Owl has a high consumption rate of rodent pests in agricultural fields, benefiting farmers by reducing the need to use rodenticides.footnote 18 footnote 19, footnote 20

Benefits associated with the downlisting of five species and removal of one species

Cost savings

The Canada Warbler, the Barn Swallow, the Ferruginous Hawk, the Bobolink and the Eastern Whip-poor-will are being downlisted from threatened to special concern; the Great Blue Heron fannini subspecies is being removed from Schedule 1 of SARA. This will generate cost savings for the Government of Canada of up to $700,000 over 10 years. These result from removing the need to develop (in the case of the Barn Swallow and the Ferruginous Hawk) or update (in the case of the Bobolink, the Canada Warbler and the Eastern Whip-poor-will) recovery strategies, action plans and management plans that may otherwise have required it based on the review of their implementation. Additionally, the downlistings mean that Canadians will no longer need to apply for a SARA permit and engage in mitigation when an activity they intended to do, which would have likely impacted those species on federal lands, now that the SARA general prohibitions on federal lands will no longer apply. This will lead to up to 41 permits that may no longer be needed, generating up to $65,000 in permit application cost savings to partners and stakeholders as well as $90,000 in permit application processing cost savings for the Government of Canada over 10 years. This also removes the requirement to protect critical habitat identified on federal lands for these species, which could have generated impacts on those Canadians and federal departments that conduct activities on federal lands. Other cost savings include the decrease in enforcement efforts required for these species, although those cannot be quantified.

Costs

General prohibitions that apply on federal lands used by the Short-eared Owl generate the majority of the incremental costs on society estimated in this analysis. SARA’s general prohibitions do not apply to species of special concern. Incremental costs expected on Canadian society for the status reclassification of the Barn Swallow, Bobolink, Canada Warbler, Eastern Whip-poor-will and Ferruginous Hawk are limited to developing management plans. No incremental cost is expected to stem from the removal of the Great Blue Heron fannini subspecies from Schedule 1 of SARA.

For each species, the analysis considered three types of incremental costs of the Order:

Costs to Indigenous Peoples and stakeholders

The most significant direct cost attributed to this Order comes from implementing the general prohibitions under SARA on federal lands. To assess the potential costs, the Department first had to identify the federal lands that most likely host Short-eared owl individuals (i.e. suitable habitat), and, from there, determine more specifically which activities on those lands would incur costs as a result of the general prohibitions. The process for identifying the federal properties involved a combination of land cover statistical modelingfootnote 21 and occurrence and breeding evidence data. The model measured how much each property contributes to the species’ overall suitable habitat within Canada, assessing only areas meeting preset habitat size and suitability thresholdsfootnote 22 derived from the COSEWIC report.footnote 23 This approach ensures that the properties identified reflect realistic probabilities of owl presence, accounting for the species’ low population and habitat preferences.

This resulted in the identification of 174 federal properties out of over 2 500 located within the owl’s Canadian range: 98 First Nation reserves, 50 protected areas of various types,footnote 24 13 military bases and sites, 4 airports, 2 ports and 7 properties of other types.

General prohibitions may affect up to 174 federal properties, of which 10 had at least one project registered on the Impact Assessment Agency of Canada’s (IAAC) registry of projects on federal lands. These projects may require SARA permit applications. None were categorized as a major project. Of these properties, two are federally administered and eight are First Nation reserves.

If mitigation was needed to meet SARA permit conditions for any of those projects/activities, it is expected that it could be implemented for all 10 properties at a cost of up to $70,000, incurred in the first year of implementation. Those costs could result from any of the following mitigation measures or a combination of those measures, including moving the work outside of the owl’s breeding season,footnote 25 having a land survey conducted to locate nests and installing owl deterrence devices before the start of the breeding season or after conducting a survey to lower the land’s attractivity to owls. Any of these projects/activities may also occur on a portion of the property where the Short-eared Owl is unlikely to be found, in which case they would not be affected by general prohibitions.

The Short-eared Owl sometimes uses agricultural fields for nesting, albeit with a lower probability and higher mortality than in comparably sized suitable habitat.footnote 23 Therefore, farmers operating fields on federal lands may need a permit if their activities could affect the species, directly or indirectly (e.g. grass or hay cutting, tilling, pesticide and herbicide use). There are an estimated 12 federal properties, including three First Nation reserves, with the relevant crops where farmers may apply for a permit. Based upon historical permitting data, it is assumed that it will be possible to issue permits to all properties with agricultural activity that are assumed not to already be compliant, after land stewardship adjustments. Some of those stewardship adjustments could include a land survey conducted to locate nests, establish an exclusion buffer around any nest, or install owl deterrence devices before the start of the breeding season or after conducting a survey.footnote 26 Such stewardship measures implemented by farmers operating on these 12 properties could cost up to $85,000, incurred in the first year of implementation.

In addition, up to 10 SARA research or general permits are expected from other government departments for other implicated properties, such as military sites, airports, ports and others for the carrying of routine activities, and up to 18 research or general SARA permits are expected for a variety of Environment Canada-administered and National Capital Commission-administered protected areas (e.g. national wildlife areas and other conservation areas). Another 7 SARA compliant permit updates are expected for Migratory Birds Sanctuaries for both research or general purposes, and 23 SARA compliant permits updates for Parks Canada properties, mostly National Parks, for either research or general purposes as well. Overall, this Order could generate up to 80 SARA permit applications.

Total costs to stakeholders in administrative burden of having to fill permit applications are estimated at $144,000, incurred in the first year of implementation.

Table 3: SARA permit application cost in administrative burden to applicants
Type of SARA permit Application administrative burden cost, per permit Number of permits Total cost
General purpose $3,300 30 $99,000
Research purpose $1,600 20 $32,000
SARA-compliant permit update for Parks Canada (general purpose) $800 7 $5,600
SARA-compliant permit update for Parks Canada (research purpose) $400 16 $6,400
SARA-compliant permit update for a Migratory Bird Sanctuary (general purpose) $150 2 $300
SARA-compliant permit update for a Migratory Birds Sanctuary (research purpose) $150 5 $750
All permits - 80 $144,000

Habitat critical for the owl that may be identified in a recovery strategy would require protection, which could affect Canadians or federal departments that conduct activities on those lands, with associated costs. Based on research conducted for the purposes of this cost-benefit analysis, it is assumed that there is an abundance of habitat for the Short-eared Owl, and it is a non-limiting factor in the recovery or survival of the species. Accordingly, this analysis further assumes critical habitat identification and, therefore, regulatory protection on federal land is likely to remain minimal relative to other wider-ranging species. Impacts to activities on properties with critical habitat are expected to be minimal to nonexistent.

Costs to the Government of Canada

Review of the 80 permit applications could cost the Government of Canada up to $210,000 in human resources, incurred in the first year of implementation, as shown in Table 4. Additionally, the development of a recovery strategy within two years of uplisting and an action plan two years later for the Short-eared Owl are expected to cost the Government about $330,000 and $185,000 respectively.footnote 27 Since the Minister of the Environment must assess the progress of implementation of both the recovery strategy and the action plan five years after their respective publication, it is assumed that up to one of those documents could need an update based on the results of these assessments six years after the recovery strategy’s publication, at a cost of up to $120,000.

The reclassification of the Canada Warbler, the Barn Swallow, the Ferruginous Hawk, the Bobolink and the Eastern Whip-poor-will to special concern status removes the requirement for a recovery strategy and one or more action plans for each species but instead requires the development of a management plan for each species. Management plans must be developed within three years of the status change but can use existing material from recovery strategies previously published, for a cost of approximately $37,000 per document. This applies to the Bobolink, the Canada Warbler and the Eastern Whip-poor-will, since they already have a recovery strategy. A new management plan will need to be developed from the ground up for the Barn Swallow and the Ferruginous Hawk, at a cost of approximately $112,000 per document. This analysis assumes that up to three of those management plans could be updated six years after their publication, based on the results of the assessments of the implementation of the management plans. The cost of these requirements for the five species being downlisted to special concern is estimated at up to $405,000 over 10 years, as shown in Table 5.

Table 4: SARA permit cost in human resources to the Government Canada
Type of SARA permit Application processing cost, per permit Number of permits Total cost
General purpose $4,700 30 $141,000
Research purpose $2,300 20 $46,000
SARA-compliant permit update for Parks Canada (general purpose) $1,200 7 $8,400
SARA-compliant permit update for Parks Canada (research purpose) $600 16 $9,600
SARA-compliant permit update for a Migratory Birds Sanctuary (general purpose) $700 2 $1,400
SARA-compliant permit update for a Migratory Birds Sanctuary (research purpose) $700 5 $3,500
All permits - 80 $210,000
Table 5: Cost in human resources, to the Government of Canada, for production of recovery documents
Type of listing SARA requirements Number and timing Estimated cost per document
New listing or uplisting to threatened Development of a recovery strategy (complex) 1 x (year 2) $330,000
Development of an action plan (simple) 1 x (year 4) $185,000
Potential update to recovery strategy or action plan after progress review 1 x (year 8) $120,000
Reclassification from threatened to special concern Development of a management plan (using existing recovery strategy material) and management plan updates 3 x (year 3) 3 updates (year 9) $37,000
Development of a management plan 2 x (year 3) 3 updates (year 9) $112,000
All types All documents and updates - $1 million (discounted over 10 years)
Enforcement costs

Enforcement activities to verify potential non-compliance with the new protection measures for the Short-eared Owl can include strategic risk-based planning, engagement with stakeholders, inspections, investigations and prosecutions for known prohibited activities. These enforcement efforts are estimated to cost up $66,000 annually, or $580,000 for the Government of Canada over 10 years. Since enforcement efforts will be supported using existing funding, a reactive approach will be adopted. Engagement with First Nations and provincial wildlife management partners will continue to be an important part of enforcement’s collaborative approach to protecting species at risk. Enforcement costs take into consideration that many federal lands are also Migratory Bird Sanctuaries or National Wildlife Areas, in which officers already have planned inspections.

Other Cost Considerations

Implications for impact assessments

Listing a species on Schedule 1 of SARA, regardless of its status, means that projects, which are required to undergo a federal Impact Assessment (IA), must be assessed to determine the level of impact they may have on a listed species. The assessment must include identifying all adverse effects that the project could have on the species and its critical habitat and, if the project is carried out, to ensure that measures are taken to avoid or lessen those effects and to monitor them. Any additional cost attributed to enforcing or administrative tasks associated with a proponent identifying potential adverse effects for the newly listed species during the assessment would be borne by the regulatory body (i.e. the Government of Canada). The Department always recommends in IA guidelines (early in the IA process) that the regulatory body evaluate effects on species already assessed by COSEWIC and recommended to become listed under Schedule 1 of SARA in the near future; these costs may already be taken into account by the regulatory body in the baseline scenario. If not, any additional cost to perform the IA stemming from the addition of species to SARA’s Schedule 1 is expected to be minimal relative to the total costs of performing an IA. Project proponents may also incur costs to maximize the likelihood of project approval, including costs to minimize and mitigate impacts on the species or its habitat, though these costs are expected to remain minimal relative to the additional costs of subjecting a project to an IA.

Potential impacts of future SARA regulations

Protecting critical habitat on non-federal land may require the taking of regulatory action. The socio-economic impact of each individual regulatory action would be assessed if this additional protection becomes necessary.

Summary of benefits and costs

The Order is expected to trigger protections and coordinated actions to support the recovery of the Short-eared Owl and management of the other five downlisted species, thereby contributing to the benefits that they provide to Canadian society. Species conservation is associated with socio-economic and cultural values, existence and option values. Although it is not possible to quantify all incremental benefits related to this Order, it is expected that these benefits would outweigh the total costs of the Order. A portion of those benefits, namely cost savings to Canadian society associated with the downlisting of five species and removal of one species, were monetized at up to $855,000 and are broken down in Table 6. Cost savings to industry and research applicants from the decrease in permit applications for the five downlisted species are estimated at up to $65,000. Cost savings for the Government of Canada in addition to reviewing and issuing those permits ($90,000) include avoided development or updates of recovery documents that will no longer be needed ($700,000). Other potential cost savings include the mitigation measures that may have been required from stakeholders to limit impacts on the species, as well as the decrease in enforcement efforts required from the Government of Canada, as both will no longer be needed.

Table 6: Monetized benefits over a 10-year period
Stakeholder Description of cost saving Total over a 10-year period
(present value)
Federal departments, Canadians Permit applications no longer required $65,000
Government of Canada Permit applications processing no longer required $90,000
Development, updates of recovery strategies no longer required, update to management plan no longer required $700,000
All stakeholders Total cost savings $855,000

Costs to industry and research applicants from permit applications ($144,000) and mitigation measures potentially required to meet SARA permit conditions ($155,000) are estimated at up to $299,000 over 10 years. Costs to the Government for reviewing and issuing permits ($210,000), for the development of a recovery strategy, an action plan and management plans, and for making certain updates to these documents in the future ($1 million), as well as for enforcement activities ($580,000), are estimated at up to $1.8 million over 10 years. The total costs resulting from the Order’s implementation are estimated at up to $2.1 million over the analytical period.

Table 7: Monetized costs over a 10-year period
Impacted stakeholder Description of cost Total cost over a 10-year period (present value)
Federal departments, farmers, other Canadians Permit applications $144,000
Mitigation of human activities $155,000
Government of Canada Permit applications processing $210,000
Recovery documents, management plans $1 million
Enforcement $580,000
All stakeholders Total costs $2.1 million
Monetized impacts

The Order’s implementation will result in monetized cost savings of up to $855,000 and costs of up to $2.1 million, resulting in net monetized costs to Canadian society of up to $1.2 million over 10 years. These net monetized costs broken down include $234,000 for industry and other stakeholders and $1 million for the Government of Canada. Although these elements could be quantified and monetized, the benefits associated with the preservation and recovery of the Short-eared Owl cannot be quantified but still have significance for Canadians. Additionally, there may also be avoided costs of no longer requiring enforcement for downlisted species. Therefore, a conclusion on the level of net impact cannot be made at this time.

Small business lens

There could be impacts on small businesses, such as farms, from the administrative burden associated with applying for a SARA permit for farmers operating on 12 federal properties, valued at up to $26,751 over 10 years or $3,136 annualized, as well as from potential mitigation measures, that could cost up to $84,000 over 10 years or $12,983 annualized.

One-for-one rule

The one-for-one rule applies, since there is an incremental increase in administrative burden on business. The Order is considered burden IN under the rule, and no regulatory titles are repealed or introduced. The amendments would result in an annualized administrative total cost of $1,095.

As per the Red Tape Reduction Regulations, the assessment of administrative impacts was conducted for a period of 10 years commencing from registration. All values listed in this section are presented in 2012 dollars, discounted to 2012 at a rate of 7%.

The amendments related to filing a SARA permit application and working with permit officers represent an annualized total cost of $1,095. There would be labour costs for up to 12 farms. These businesses would require up to 46 hours and 30 minutes to fulfill the new requirements one time. The average wage (including overhead) of the responsible employee or employees is estimated to be $35.53.

Regulatory cooperation and alignment

In Canada, the protection of wildlife species is a responsibility shared between the federal, provincial and territorial levels of government. The provincial and territorial governments have indicated their commitment to protecting and recovering species at risk through their endorsement of the Accord for the Protection of Species at Risk (the Accord) in 1996, with the exception of Quebec, who is not party to the Accord.

The provinces and territories hold primary responsibility for wildlife species in Canada and for the management of provincial and territorial lands upon which many species at risk rely, while the federal government exercises direct responsibility for aquatic species and migratory birds and for species found on federal lands. Conservation of species at risk therefore requires a collaborative approach, with recognition and coordination of responsibilities and activities across all jurisdictions and participants. The Accord outlines commitments by federal, provincial and territorial ministers to designate species at risk, protect their habitats, and develop recovery plans as well as complementary legislation, regulations, policies and programs, including stewardship.

Some of the species in this Order are currently designated under provincial legislation, as indicated in Table 8. The change to the species classifications in this Order would, in some cases, align levels with provincial and territorial equivalents, and, in other cases, create misalignments. Ultimately, threats to the species vary across the species range, which could account for the discrepancies, and the provinces and territories hold primary responsibility for the designation of wildlife species and their management on provincial and territorial lands.

Table 8: Provincial/Territorial designations of species included in the Order
Common species name Range Updated SARA classification Provincial or territorial legislation and designation
Short-eared Owl Y.T., N.W.T., Nun, B.C., Alta., Sask., Man., Ont., Que., N.B., P.E.I., N.S., N.L. Threatened

Man.: Threatened under the Endangered Species and Ecosystems Act

Ont.: Threatened under the Species Conservation Act, 2025

N.B.: Special Concern under the Species at Risk Act

B.C.: Blue List table b6 note a

Alta.: Bird of Prey under the Wildlife Act

N.L.: Threatened under the Endangered Species Act

P.E.I.: Designated species under the Wildlife Conservation Act

Que.: List of plant and wildlife species which are likely to be designated as threatened or vulnerable (under the Act respecting threatened or vulnerable species)

Nun: Special Concern under the Wildlife Act

Y.T.: Special Concern under the Yukon Wildlife Act table b6 note b
Ferruginous Hawk Alta., Sask., Man. Special Concern

Alta.: Endangered Animal under the Wildlife Act

Man.: Endangered under the Endangered Species and Ecosystems Act
Canada Warbler Alta., B.C., Man., N.B., N.W.T., N.S., Ont., P.E.I., Que., Sask., Y.T. Special Concern

Alta.: Non-game Animal under the Wildlife Act

B.C.: Blue List

N.S.: Endangered under the Wildlife Act

Man.: Threatened under the Endangered Species and Ecosystems Act

Que.: List of plant and wildlife species which are likely to be designated as threatened or vulnerable (under the Act respecting threatened or vulnerable species)

Y.T.: Threatened under the Yukon Wildlife Act table b6 note a
Barn Swallow Alta., B.C., Man., N.B., N.L., N.W.T., N.S., Nun, Ont., P.E.I., Que., Sask., Y.T. Special Concern

Alta.: Non-game Animal under the Wildlife Act

B.C.: Blue List

N.S.: Endangered under the Wildlife Act

Nun: Threatened under the Wildlife Act

Y.T.: Threatened under the Yukon Wildlife Act table b6 note a
Bobolink Alta., B.C., Man., N.B., N.L., N.S., Ont., P.E.I., Que., Sask. Special Concern

Alta.: Non-game Animal under the Wildlife Act

B.C.: Blue List

N.S.: Vulnerable under the Wildlife Act

N.L.: Vulnerable under the Endangered Species Act

Que.: Vulnerable under the Act respecting threatened or vulnerable species
Great Blue Heron fannini subspecies B.C. Removed from list

B.C.: Blue List
Eastern Whip-poor-will Man., N.B., N.S., Ont., P.E.I., Que., Sask. Special Concern

Man.: Threatened under the Endangered Species and Ecosystems Act

N.B.: Threatened under the Species at Risk Act

N.S.: Threatened under the Wildlife Act

Que.: List of plant and wildlife species which are likely to be designated as threatened or vulnerable (under the Act respecting threatened or vulnerable species)

Table b6 note(s)

Table b6 note a

The Blue List indicates any native species or ecological community considered to be of Special Concern in British Columbia.

Return to table b6 note a referrer

Table b6 note b

The Yukon Wildlife Act mirrors SARA; however, the general prohibitions do not apply in the Territories except for lands under the administration of ECCC or Parks Canada.

Return to table b6 note b referrer

Effects on the environment

The Climate, Nature and Economy Lens (CNEL) conducted for the Order concluded that it does 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 supports the 2022–2026 Federal Sustainable Development Strategy (FSDS) Goal 15 to “Protect and Recover Species, Conserve Canadian Biodiversity” and supports the Government of Canada’s priority, as stated in the FSDS, of “enhancing the implementation of the Species at Risk Act.” It supports the Canadian Biodiversity Strategy, which recognizes the importance of protecting species at risk as a key component of conserving biological diversity. It also contributes 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.

Ensuring that appropriate protections, backed by scientific assessment, apply to the species that remain on the List, the Order supports 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 this 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 in participating in the consultation process of 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 their comments. In the northern region, consultation materials were provided in Inuktitut where appropriate. Where Indigenous partners requested a time extension to provide comment, the extension was granted.

The region of residence was identified as the main factor determining how a person would 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. Some Indigenous communities highlighted capacity issues during these workshops. In 2021, the Department partnered with the Centre for Indigenous Environmental Resources (CIER) to launch the SARA-CCA project, which aimed to facilitate Indigenous communities’ and organizations’ participation in listing and recovery planning processes through information sharing sessions, training sessions and other community engagement, and had the potential to provide modest capacity funding. This project ended on March 31, 2026.

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 comes into force on the date on which it is registered.

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 protect, respect and conserve listed species and regularly engages with local habitat stewardship groups to bolster awareness and to help protect the species.

Within Parks Canada’s network of protected heritage places, front line staff inform visitors about species at risk located on site and educate them on prevention measures that support the protection and conservation of the species.

SARA provides for penalties for contraventions to the Act, including fines, imprisonment, or both, depending on the severity and the type of offender. An alternative measures agreement may also be used to deal with an alleged offender under certain conditions. Enforcement officers designated under SARA have powers to force compliance with the Act, including peace officer powers.

Service standards

Under 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. SARA also allows for the competent minister to issue permits under another Act of Parliament (e.g. the Canada National Parks Act) that would have the same effect as those issued under SARA. SARA sets out the conditions and factors that the Minister must consider before issuing a permit.

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 requested under 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

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