Species at Risk Act

Species at Risk Act
Short title	Species at Risk Act
Long title	An Act respecting the protection of wildlife species at risk in Canada
Citation	S.C. 2002, c. 29
Enacted by	Parliament of Canada
Date assented	December 12, 2002
Admin agency	Environment and Climate Change Canada
Status	In force

Species at Risk Act. The Species at Risk Act is a key piece of federal environmental legislation in Canada, receiving royal assent in 2002. Its primary purpose is to prevent wildlife species from becoming extinct and to support the recovery of those already at risk. The Act establishes a legal framework for the scientific assessment, protection, and recovery of species facing threats to their survival across the country.

Overview

The Act was developed to fulfill Canada's commitments under the Convention on Biological Diversity and represents a national response to biodiversity loss. It operates in conjunction with other federal laws like the Fisheries Act and the Canada National Parks Act, as well as provincial and territorial legislation. The legislation focuses on species on federal lands, aquatic species, and migratory birds protected under the Migratory Birds Convention Act, 1994. Key responsibilities for its implementation are shared between Environment and Climate Change Canada, the Department of Fisheries and Oceans, and the Parks Canada Agency.

Legal framework and administration

The legal foundation of the Act is divided into several parts, detailing the roles of various government bodies and scientific advisors. The Minister of Environment and Climate Change Canada holds overall responsibility, while the Minister of Fisheries and Oceans manages aquatic species. A central independent advisory body, the Committee on the Status of Endangered Wildlife in Canada, provides scientific assessments. The Act also mandates the creation of the National Aboriginal Council on Species at Risk to ensure the involvement of First Nations, Inuit, and Métis peoples in conservation efforts.

Listing process and categories

The process begins with a scientific assessment by the Committee on the Status of Endangered Wildlife in Canada, which classifies species into categories such as Extirpated, Endangered, Threatened, or Special Concern. These assessments are then provided to the Governor in Council, who makes the final decision on listing a species on Schedule 1 of the Act. The listing decision can be influenced by recommendations from the Minister of Environment and Climate Change Canada and may consider socio-economic factors, a provision that has been a point of debate.

Protection and recovery measures

Once listed, automatic prohibitions come into effect to protect individuals, their residences, and critical habitat on federal lands. For aquatic species and migratory birds, these protections apply broadly. The Act requires the competent minister to prepare recovery strategies, action plans, and management plans for listed species. These documents, developed often with input from provinces, territories, and stakeholders, identify threats and outline measures for conservation, such as habitat restoration or population augmentation.

Enforcement and penalties

Enforcement officers from Environment and Climate Change Canada, the Department of Fisheries and Oceans, and the Parks Canada Agency are authorized to ensure compliance. The Act includes provisions for inspections, search and seizure, and the issuance of emergency protection orders. Penalties for serious offences can include substantial fines and imprisonment, with higher penalties for corporations. Courts may also order offenders to pay for restoration or public education projects as part of sentencing.

Criticisms and controversies

The Act has faced criticism for perceived delays in listing species and implementing recovery measures, often attributed to political discretion in the listing process. Some conservation groups, like the David Suzuki Foundation, have argued that the consideration of socio-economic factors undermines scientific recommendations. There have also been legal challenges, including cases brought before the Federal Court of Canada, regarding the identification and protection of critical habitat. Conflicts have arisen with industries such as forestry, oil and gas, and fisheries over habitat restrictions.

Category:Canadian federal legislation Category:Environmental law in Canada Category:2002 in Canadian law