Skip all menusSauter le menu principal
Government of CanadaSymbol of the Gouvernement of Canada
 
Français Contact us Help Search Canada Site
What's new Frequently Asked Questions Site map Related links Home
Canadian Wildlife Service Fisheries and Oceans Canada Parks Canada Agency
 
Image: Spotted Gar
         Spotted Gar
  Advanced Search
General Information
The Act
Species List
Species Assessment
Strategies and plans
Regulations and orders
Agreements and permits
Policies and Guidelines
Public consultations
E-mail newsletter

Species at Risk Act: Report to Parliament, 2005.

| Previous | Contents | Next |

Compliance and Enforcement

Compliance and Enforcement under SARA

The federal government recognizes the importance of compliance education in the protection and recovery of species at risk. Officials from Environment Canada, Fisheries and Oceans Canada, and Parks Canada Agency continue to work together to ensure that Canadians are informed about SARA and their responsibilities under the Act. Offences under SARA can be prosecuted as indictable or summary conviction offences.

Education and Outreach to Support SARA Compliance in 2005

In 2005, Environment Canada produced an information kit to engage and inform various stakeholders about their obligations under SARA. The kit provides an overview of compliance and includes information on recovery measures and the protections accorded to listed species. Online guides for private landowners and federal land managers have been published, and similar guides have been drafted for other audiences including: industry; individuals living on, working on or managing First Nations reserves; and visitors to federal lands (such as national parks). Fact sheets on critical habitat, permitting, and the role of SARA in the environmental assessment process were also in development in 2005.

The Environment Canada Wildlife Enforcement Directorate also provided support for compliance promotion work led by the Canadian Wildlife Service. In 2005, Environment Canada enforcement and wildlife officials participated in a Compliance Promotion Working Group, and SARA awareness sessions in Atlantic Canada.

Fisheries and Oceans Canada also implemented education and outreach activities to support SARA compliance with regard to aquatic species at risk in 2005. These activities included:

  • holding conservation harvesting workshops with industry and Aboriginal organizations;
  • establishing partnerships with non-government organizations for response to marine mammal stranding incidents or entanglements; and
  • holding consultation sessions with the fishing industry and Aboriginal groups.

SARA Compliance Promotion and Enforcement Activities in 2005

Enforcement actions under SARA are carried out by trained Environment Canada wildlife enforcement officers and are coordinated regionally by a SARA enforcement coordinator. In 2005, Environment Canada wildlife enforcement officers responded to 14 cases, including inquiries and complaints, and undertook five investigations under SARA.

In the Quebec region, Environment Canada wildlife enforcement officers conducted 23 days of patrols in order to enforce SARA in priority areas, 21 of which were undertaken in partnership with the Quebec Ministère des ressources naturelles et de la faune.

Environment Canada also continued its work on policies and measures for enforcement under SARA in cooperation with the Parks Canada Agency and Fisheries and Oceans Canada in 2005. These efforts included:

  • establishing a process to address applications for investigations requested under the Act (s. 93);
  • developing a process for using the alternative measures section of SARA (s. 108);
  • drafting a policy on SARA compliance and enforcement; and
  • negotiating a Memorandum of Understanding with Transport Canada for cooperative enforcement of Canada's environmental laws, including SARA, in the marine sector.

Following the completion of SARA enforcement training for all fishery officers, Fisheries and Oceans Canada implemented compliance promotion and enforcement activities for aquatic species at risk in 2005. These activities included increased patrols, monitoring and investigations under the Act.

Compliance promotion and monitoring for aquatic species at risk by Fisheries and Oceans Canada has raised awareness of SARA and has increased the number of compliance-related incidents reported. In 2005, Fisheries and Oceans Canada's Conservation and Protection Branch undertook several investigations and enforcement actions in response to reported SARA infractions. These actions included the laying of the first charge under SARA relating to an aquatic species (see box below).

Enforcement Officers on Patrol

Increased monitoring and investigations for aquatic species at risk by Fisheries and Oceans Canada in 2005 led to significant achievements in detecting SARA infractions. Notable examples include the inspection of a fishing vessel by Fisheries and Oceans Canada officers in the Atlantic region, which resulted in a charge and successful prosecution under the Act for illegal possession of Northern Wolffish, a species listed as threatened under SARA. This was the first charge relating to an aquatic species laid under the Act.

In the Pacific Region, Fisheries and Oceans Canada's enforcement efforts focused on poaching of the Northern Abalone, a mollusc listed as threatened under SARA. An Abalone Coast Watch program was widely supported by coastal First Nations communities, the members of which reported suspicious activities through a toll-free line set up by Fisheries and Oceans Canada.

In addition to following up on suspected Abalone poaching, Fisheries and Oceans Canada officials conducted enforcement patrols and searches of airports and ferries using a search dog and handler. This diligence was rewarded in 2005, with several well-publicized convictions for illegal possession and harvest of Abalone. Offenders were subject to sizable deterrent penalties, including fines of up to $35,000, and boats, vehicles and equipment used during the offence were confiscated.

Fisheries and Oceans Canada also adapted existing data systems, used to track Conservation and Protection activities under the Fisheries Act, to capture data on compliance activities and occurrences related to SARA in 2005. (Note that the term "occurrence" includes any incident related to a prohibition under SARA, as well as incidents in which listed species are illegally harvested, incidentally caught or harmed, or found dead). The reports generated through these systems are valuable in tracking resources and trends in occurrences related to SARA, and in supporting compliance program planning.

Enforcement and compliance promotion initiatives undertaken by the Parks Canada Agency in 2005 included the establishment of a National Coordinator for SARA Law Enforcement, and the initiation of a planning process to integrate SARA law enforcement considerations into the Parks Canada SARA Program, and into the Parks Canada National Law Enforcement Program. A Law Enforcement Training Course was also developed and implemented to train and designate park wardens as SARA enforcement officers, in order to enable them to enforce SARA provisions. In the first phase of this program, 86 park wardens, including instructors, were trained in enforcement. Subsequent phases of the program will result in the training of an additional 125 park wardens, bringing the total enforcement officer capacity to 211. The Parks Canada Agency has also developed law enforcement messaging as part of its internal compliance promotion and outreach program.