Species at Risk Act: Report to Parliament, 2005.

Measures to Protect Listed Species

SARA Prohibitions for the Protection of Listed Species
Emergency Orders Under SARA
Permitting Under SARA

SARA Prohibitions for the Protection of Listed Species

The protections that come into effect following the addition of a species to Schedule 1 of SARA vary depending on the type of species, the risk category in which the species is listed, and where the species occurs in Canada. The text box below provides a detailed description of the SARA prohibitions and how they are applied.

SARA Prohibitions Protecting Individuals and Their Residences and How They Apply

Sections 32 and 33 of SARA make it an offence to:

kill, harm, harass, capture or take an individual of a species that is listed as extirpated, endangered or threatened;
possess, collect, buy, sell or trade an individual of a species that is listed as extirpated, endangered or threatened, or any of its parts or derivatives;
damage or destroy the residence of one or more individuals of a species that is listed as endangered or threatened, or of a species listed as extirpated if a recovery strategy has recommended its reintroduction into the wild in Canada.

These prohibitions apply automatically to listed aquatic species and birds covered by the Migratory Birds Convention Act, 1994 wherever they are found in Canada, and to all other listed species when they occur on federal lands* in a province, or on federal lands under the authority of Environment Canada or the Parks Canada Agency in a territory.

Provinces and territories are given the first opportunity to protect listed species. If the province or territory does not act, the GiC, on the recommendation of the Minister of the Environment, may order that the prohibitions in sections 32 and 33 apply for a given species on non-federal lands in a province or territory, or on lands not controlled by Environment Canada or the Parks Canada Agency in a territory. The Minister must make this recommendation if, after consultation with the provincial or territorial minister, he or she finds that the species or its residence** is not effectively protected by the laws of the province or territory.

* Under SARA, the definition of federal land includes, but is not limited to: Canada's oceans and waterways, national parks, military training areas, national wildlife areas, some migratory bird sanctuaries, and First Nations reserve lands.
** "Residence" means a dwelling-place, such as a den, nest or other similar area or place that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating.

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Emergency Orders under SARA

SARA authorizes the government to take action to protect listed species and the habitat that is necessary for their survival or recovery. If the competent Minister forms an opinion that a listed wildlife species is facing an imminent threat to its survival or recovery, he or she must recommend to the Governor in Council that an emergency order be issued. An emergency order can prohibit activities that may adversely affect the species or its habitat. No emergency orders were issued under SARA in 2005.

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Permitting under SARA

Sections 73 to 78 of SARA address agreements, permits, licences, orders and other documents that authorize activities that would otherwise be an offence under the Act. If all reasonable alternatives have been considered, all feasible measures will be taken to minimize the impact of the activity, and the survival or recovery of the species will not be jeopardized, agreements may be made and permits may be issued for the following activities:

research relating to conserving a listed species that is conducted by qualified scientists;
activities that benefit a listed species or enhance its chances of survival in the wild; and
activities that incidentally affect a listed species.

The drafting of a Federal Policy on Permits and Agreements was initiated in April 2005. Environment Canada also established a web-based SARA permit tracking system to allow more efficient processing and issuing of permits under section 73 in 2005. The Department is exploring refining the system to allow for the online completion and submission of permit applications.

Environment Canada issued 98 permits to allow monitoring, inventory and management of a variety of species of birds, mammals, reptiles, amphibians and plants in 2005. Most of these were issued for scientific research related to species conservation. Of these 98 permits, 43 were issued under section 73 of the Act, and 55 under section 74 of the Act.

In 2005, Fisheries and Oceans Canada issued approximately 9,600 permits for Northern Wolffish and Spotted Wolffish, and 72 permits for Leatherback Seaturtle under paragraph 73(2)(c) of SARA to fishers in Atlantic Canada whose activities might cause incidental harm to these listed species. These permits were issued following peer-reviewed assessments which determined that the level of harm from by-catch would not jeopardize survival or recovery of these species. A total of 23 scientific permits were issued for research in freshwater and 24 research permits were issued for work in marine areas, under paragraph 73(2)(a) of the Act.

In 2005, the Parks Canada Agency issued 18 permits for scientific research related to the conservation of a variety of species of birds, reptiles, amphibians and plants, and delivered training on species at risk permitting to staff.

Rationales for permits issued under sections 73 and 74 of the Act are posted on the SARA Public Registry at www.sararegistry.gc.ca.

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