Caribou, Boreal population in Manitoba: conservation agreement

Agreement for the Conservation and Recovery of the Caribou, Boreal Population in Manitoba

This Agreement for the conservation and recovery of the Caribou, Boreal population (“Agreement”) is made in duplicate as of December 23, 2022, pursuant to Sections 10 and 11 of the Species At Risk Act (SARA) and Section 84 of the Wildlife Act, 1987

between

His Majesty the King in Right of Canada,
as represented by the Minister of the Environment who is responsible for the Department of the Environment
(“Canada” or “Environment and Climate Change Canada” “ECCC”)

and

His Majesty the King in Right of the province of Manitoba,
as represented by the Minister of Natural Resources and Northern Development (“Manitoba” “MB”)
(hereinafter the “Parties”)

Preamble

Whereas the Caribou (Rangifer tarandus), Boreal population has been listed as threatened under the Species at Risk Act and Boreal Woodland Caribou (Rangifer tarandus caribou) has been listed as threatened under The Endangered Species and Ecosystems Act;

And whereas the Parties recognize their respective and shared accountability to promote the conservation and recovery of all Boreal Woodland Caribou populations in Manitoba;

And whereas the Parties wish to cooperate in the identification of conservation and recovery measures and recognize their shared responsibility of delivering conservation and recovery measures to support protection and recovery of the Boreal Woodland Caribou in the province of Manitoba;

And whereas Manitoba has legislative responsibility for, among other things, wildlife management, including species at risk, and decisions respecting natural resources and provincial Crown and private lands, in the province of Manitoba and has the responsibility to lead on conservation and recovery measures for the Boreal Woodland Caribou in the province;

And whereas Canada has legislative responsibility for wildlife species located on federal lands, and wildlife species listed on Schedule 1 of the Species at Risk Act, which includes provisions to address recovery, as well as the protection of listed wildlife species including the individuals, their residences and critical habitat on non-federal land in certain circumstances;

And whereas the Parties recognize a role for Indigenous peoples and the importance of Indigenous knowledge being taken into account in the conservation of wildlife in Manitoba including the conservation and recovery of the Boreal Woodland Caribou;

And whereas the Parties recognize that Indigenous peoples’ perspectives will be relevant to inform implementation of this Agreement including with respect to their constitutionally protected aboriginal and treaty rights;

And whereas the region in which Boreal Woodland Caribou occur is a working landscape in which other parties have interests and may be partners for achieving successful outcomes for Boreal Woodland Caribou conservation;

And whereas the Parties recognize that the protection of the habitat of species at risk is key to their conservation and recovery;

And whereas the Parties recognize the value of species conservation and recovery;

And whereas section 10 of the Species at Risk Act provides the competent ministers with the authority to enter into agreements with any other government of Canada, organization or wildlife management board with respect to the administration of any provision of the Act;

And whereas section 11 of the Species at Risk Act provides the competent ministers with the authority to enter into conservation agreements with any other government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild, such agreements must provide for the taking of conservation measures and any other measures consistent with the purposes of the Species at Risk Act;

And whereas section 84 of The Wildlife Act, 1987 provides that Manitoba may enter into an intergovernmental agreement;

And whereas the Parties recognize that Boreal Woodland Caribou conservation and recovery will require long term resourcing and commitment on behalf of both Parties to be successful;

And whereas the Parties recognize that intergovernmental cooperation is important to species at risk recovery and protection and are both signatories to the Accord for the Protection of Species at Risk (1996);

Now therefore, the Parties commit to the following:

1. Definitions

“Agreement” means this agreement entered into between Canada and Manitoba and includes the recitals and Appendices.

“Boreal Caribou Recovery Habitat”, as defined in the Manitoba Recovery Strategy, means a geographic area, larger than the core use areas (occupied areas), that affords year-round refuge habitat and provides the resources required for the life requirements of caribou (i.e. calving/nursery areas, wintering areas, rutting areas) to maintain self-sustaining populations. It will include existing/future protected habitat, together with unoccupied areas that may be required to provide future habitat for multiple generations of Boreal Woodland Caribou. See section 4.4 for relation to federally designated critical habitat.

“Boreal Woodland Caribou” as listed under The Endangered Species and Ecosystems Act, "Caribou, Boreal population" as listed under the Species at Risk Act, and "Caribou" are considered synonymous within this Agreement.

“Caribou Management Unit” means a delineated geographical land base within which one or more Boreal Woodland Caribou ranges are managed in combination for population sustainability, connectivity and habitat goals.

“Core Use Area” means an area of concentrated Boreal Woodland Caribou high use as determined by kernel density analysis of collar location data.

“Critical Habitat”, as defined under the Species at Risk Act, means the habitat that is necessary for the survival or the recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species.

“Endangered Species and Ecosystems Act” means The Endangered Species and Ecosystems Act, CCSM c. E 111.

“Federal Recovery Strategy” means the document entitled “Recovery Strategy for the Woodland Caribou (Rangifer tarandus caribou), Boreal Population in Canada (2012)” including amendments, replacements or updated versions, developed in relation to requirements of the federal Species at Risk Act and included in the Species at Risk Act Public Registry.

“Indigenous peoples” means “aboriginal peoples of Canada” within the meaning of section 35 of the Constitution Act, 1982.

“Manitoba Recovery Strategy” means the document entitled “Manitoba’s Boreal Woodland Caribou Recovery Strategy” including amendments, replacements or updated versions, developed in relation to requirements of Manitoba’s Endangered Species and Ecosystems Act.

“Parties” means Canada and Manitoba collectively and “Party” means any one of them.

“Range plans” refer to plans, consistent with Canada’s range plan guidance, that provide information on historical monitoring and science on a specific Boreal Woodland Caribou population or group of populations, as well as actions required to conserve and recover Boreal Woodland Caribou populations within a particular geographic area, including how range-specific land and/or resource activities will be managed over space and time to protect and recover Boreal Woodland Caribou habitat.

“Species at Risk Act” means the Species at Risk Act, S.C. 2002, C. 29.

“Undisturbed habitat” means habitat that is not impacted by natural disturbance (wildfire <40 years) or human disturbance with the associated buffer as designated within the Federal Recovery Strategy.

“Wildlife Act” means the The Wildlife Act, C.C.S.M. c. W130.

2. Goal and purpose

2.1. The overarching goal of this Agreement is to articulate the actions the Parties will take to support the conservation and recovery of local Boreal Woodland Caribou populations to self-sustaining status in the long term, in a manner consistent with the population and distribution objectives and critical habitat outcomes outlined in the Federal Recovery Strategy and aligned with the Manitoba Recovery Strategy.

2.2. The purposes of this Agreement are to:

2.2.1. set out effective conservation and recovery measures that will be taken by the Parties to support conservation and recovery of Boreal Woodland Caribou local populations in Manitoba. These measures include: landscape planning and caribou population and habitat monitoring;

2.2.2. coordinate conservation activities between the Parties in respect to Boreal Woodland Caribou conservation and recovery; and

2.2.3. facilitate the integration of new information into updated recovery and planning documents.

3. Principles

The following principles will guide the interpretation and implementation of this Agreement.

3.1. Collaboration: the Parties will work together to achieve a common understanding of conservation and recovery measures needed to support conservation and recovery of Boreal Woodland Caribou local populations in Manitoba and will cooperate in the development and implementation of these measures in a manner that minimizes duplication, maximizes efficiency and respects jurisdictional roles and responsibilities.

3.2. Results focused: the Parties will implement effective conservation and recovery measures to achieve positive trends in all Boreal Woodland Caribou local populations in Manitoba and to maintain naturally self-sustaining local populations, recognizing the need for and contribution of both habitat and non-habitat measures in achieving these results.

3.3. Use of best available information: the Parties will make use of the best available scientific information, and Indigenous knowledge, and will make reasonable efforts to obtain this information and access this knowledge.

3.4. Adaptive management: the Parties recognize that monitoring the effects of conservation and recovery measures and adjusting approaches as necessary will be critical to success.

3.5. Transparency: the Parties will make information related to implementation of conservation and recovery measures covered by this Agreement publicly available in accordance with their respective legislation.

3.6. Indigenous Engagement: the Parties will continue to engage Indigenous peoples with respect to Boreal Woodland Caribou conservation in Manitoba, including the development and implementation of range plans and of conservation and recovery measures pursuant to this Agreement.

3.7. Stakeholder Engagement: the Parties will continue to seek opportunities for engagement with stakeholders as collaborators in Boreal Woodland Caribou recovery, including development and implementation of range plans and conservation and recovery measures pursuant to this Agreement.

4. Interpretation

4.1. The preamble hereof and any Appendices hereto form an integral part of this Agreement.

4.2. This Agreement does not create any new legal powers or duties on the part of the Parties nor does it alter the powers and duties established by the Species at Risk Act, The Wildlife Act, The Endangered Species and Ecosystems Act or any other federal legislation or legislation in Manitoba.

4.3. Neither Party relinquishes or acquires any jurisdiction, right, power, privilege, prerogative or immunity by virtue of this Agreement.

4.4. For the purposes of this Agreement, conservation measures are assigned to Manitoba’s Caribou Management Units set out in Appendix A (Figure 1) which cover 96% of the extent of federally designated Boreal Woodland Caribou critical habitat. The Parties recognize differences between extents of critical habitat and provincial Caribou Management Units and have included conservation measures in range planning processes that will ensure final range planning boundaries include all Core Use Areas and associated Boreal Caribou Recovery Habitat known to occur in the province.

4.5. The Parties acknowledge that Recovery Habitat and Core Use Areas, as defined in the Manitoba Recovery Strategy, are protected as habitat under The Endangered Species and Ecosystems Act.

4.6. The Parties acknowledge that while the definitions of Boreal Caribou Recovery Habitat (for purposes of habitat under The Endangered Species and Ecosystems Act) and critical habitat (for purposes of the Species at Risk Act) are not identical, the definitions describe a shared expected outcome of protecting necessary habitat upon which the species relies for its life cycle.

4.7. The Parties acknowledge that outcomes of this Agreement and/or management actions contained in the resulting Manitoba range plans are to be supported by the existing legal authority of The Endangered Species and Ecosystems Act to protect habitat and do not require further enabling action under the laws of the province.

5. Collaborate and coordinate on recovery strategies, action plans, and range plans

5.1. The Parties will cooperate in the development, amendment and implementation of recovery strategies, action plans, management plans, range plans and similar documents related to the conservation and recovery of Boreal Woodland Caribou. This cooperation will include:

5.1.1. Keeping the other Party informed of the timing of the preparation of these documents;

5.1.2. Seeking to cooperate on timing of document preparation to coordinate processes and seek efficiencies; and

5.1.3. Sharing information for the preparation of these documents and providing opportunities to review and comment on drafts of these documents.

6. Indigenous peoples engagement

6.1. In accordance with its established policies and practices, each Party commits to engage with Indigenous peoples for the conservation and recovery of the Boreal Woodland Caribou.

6.2. With respect to this Agreement, the Parties will:

6.2.1. Engage Indigenous peoples to share information on progress and future measures related to implementation of this Agreement;

6.2.2. Consider opportunities for collaboration with Indigenous peoples on implementation of conservation and recovery measures; and

6.2.3. Engage Indigenous peoples in the development of range plans and recovery measures.

6.3. The Parties commit to consider relevant Indigenous knowledge that Indigenous peoples share with the Parties, in Boreal Woodland Caribou assessment, protection, conservation and recovery efforts.

6.4. As the lead in development and implementation of conservation measures for the Boreal Woodland Caribou, Manitoba will lead engagement with Indigenous Communities, with support from Canada.

7. Stakeholder engagement

7.1. The Parties commit to engage with stakeholders for the conservation and recovery of the Boreal Woodland Caribou.

7.2. With respect to this Agreement, the Parties will:

7.2.1. Engage stakeholders in the development of range plans and recovery measures;

7.2.2. Engage stakeholders to share information on progress and future measures related to the implementation of the Agreement; and

7.2.3. Consider opportunities for collaboration with stakeholders on implementation of conservation and recovery measures.

7.3. With the support from Canada, Manitoba will take the lead in fulfilling the responsibilities under section 7.2 of this Agreement.

7.4. The Parties will work with willing partners to develop and implement best management practices and procedures to minimize impacts to Boreal Woodland Caribou recovery.

8. Conservation and recovery measures for boreal woodland caribou

8.1. The Parties acknowledge that:

8.1.1. Boreal Woodland Caribou recovery will require a landscape-level approach delivered in a sustained manner through time;

8.1.2. Achieving the goal and purposes of this Agreement will require measures that integrate Boreal Woodland Caribou conservation and recovery requirements into land use and resource management decisions;

8.1.3. Boreal Woodland Caribou conservation and recovery will require measures, both immediately and over the long term, to protect, conserve and restore habitat, and increase Boreal Woodland Caribou recruitment and survival, using the best available information;

8.1.4. Some improvements in protection of the Boreal Woodland Caribou and their habitat can be addressed through changes in current decision-making processes, while others may require legislative or regulatory change, which may be subject to Manitoba’s legislative and regulatory processes and timeframes including engagement and the duty to consult.

8.1.5. For planning purposes in Manitoba, the extent of the Boreal Woodland Caribou range is delineated into nine (9) Boreal Woodland Caribou Management Units. As new information is obtained, these boundaries may be adjusted as required to ensure that all relevant Boreal Woodland Caribou range is included within the Boreal Woodland Caribou recovery planning framework.

8.1.6. Range plans will be developed in line with ECCC’s Range Plan Guidance, and implemented for all nine (9) Boreal Woodland Caribou Management Units in Manitoba.

8.1.7. Decisions with respect to the conservation and recovery of Boreal Woodland Caribou may have the potential to adversely affect the exercise of Aboriginal or treaty rights. Where the duty to consult has been triggered, the Crown, consisting of Canada or Manitoba or both, will consult with Indigenous Peoples whose Aboriginal or treaty rights may be adversely affected in accordance with the Crown’s legal duty.

8.2. The Parties commit to achieving naturally self-sustaining local Boreal Woodland Caribou populations in Manitoba, consistent with the population and distribution objectives set out in the Federal Recovery Strategy. The Parties establish the following population targets over the short, medium, and long term:

8.2.1. Short term (3 years): establish population status for all Caribou Management Units.

8.2.2. Medium term (10 years or sooner): implement a population monitoring program to establish long term population trends for all Caribou Management Units.

8.2.3. Long term (50 years or more): achieve naturally self-sustaining status for all Boreal Woodland Caribou populations in Manitoba.

8.3. The Parties commit to a long term goal to achieve and maintain levels of Boreal Woodland Caribou Recovery Habitat and Undisturbed habitat that are consistent with critical habitat objectives and identification as set out in the Federal Recovery Strategy. The Parties acknowledge the following targets will guide the application and evaluation of conservation measures over the short, medium and long term.

8.3.1. In the short term (3 years):

8.3.1.1. Develop and begin implementing range plans for all nine (9) Boreal Woodland Caribou Management Units in Manitoba, as per Table A.

8.3.1.2. Integrate range plans into provincial land use planning and approval processes.

8.3.2. In the medium term (15 years or sooner), maintain or increase Boreal Woodland Caribou Recovery Habitat, that includes appropriate biophysical attributes, via a range of measures including restoration, habitat protection and habitat offsetting.

8.3.3. In the long term (30 years or sooner), achieve undisturbed habitat levels consistent with critical habitat thresholds as identified in the Federal Recovery Strategy and that includes appropriate biophysical attributes across all Caribou Management Units in Manitoba.

8.4. The Parties acknowledge the targets laid out will guide the application and evaluation of recovery measures. These targets will be reviewed, and possibly revised through an adaptive management process.

8.5. To work toward achieving the above commitments the Parties will implement the conservation and recovery measures described in Appendix B Tables A and B over the term of this Agreement:

8.5.1. Table A – Landscape-level planning; and

8.5.2. Table B – Population and habitat monitoring.

9. Governance

9.1. The Representatives of the Parties referred to in section 16.1 of this Agreement will establish a committee composed of delegates referred to in Sections 16.2 and 16.3. This committee will:

9.1.1. Provide overall direction with respect to the implementation of this Agreement;

9.1.2. Ensure strategic alignment between delivery of provisions outlined in this Agreement and both the Federal Recovery Strategy and the Manitoba Recovery Strategy; and

9.1.3. Ensure that communication, cooperation and collaboration between the Parties are clear, timely and effective.

10. Information sharing and research

10.1. Subject to applicable data sharing agreements, or legislative provisions that would prevent them from doing so, each Party agrees to provide the other Party access at no charge to available data and information relevant to the implementation of this Agreement. This includes:

10.1.1. Information on the status, conservation, and recovery of the Boreal Woodland Caribou in Manitoba, including habitat protection and other recovery measures; and

10.1.2. Information pertaining to Boreal Caribou Recovery Habitat and critical habitat.

10.2. Some data and information may require confidentiality, or may have been obtained with an understanding of confidentiality, for reasons including but not limited to ensuring safe and effective implementation of conservation and recovery measures. Data and information so identified by a Party, or by a collaborator in programs and activities related to this Agreement, will be held confidential by the Parties to the extent permitted by their respective legislation and related policies, procedures, and agreements.

11. Financial arrangements and support

11.1. Recognizing the significant financial investments required to support Boreal Woodland Caribou conservation and recovery, the Parties will work together on an annual basis to identify needs, priorities and funding opportunities to implement this Agreement.

11.2. The Parties recognize that implementation of this Agreement is subject to their respective appropriations, priorities and budgetary constraints.

12. Monitoring and reporting

12.1. The Parties agree to convene at least annually to develop and/or review work plans and financial investments for the coming year, and review and document the progress of conservation and recovery measures set out in Appendix B of this Agreement. In the first two (2) reviews, the Parties will examine the conservation and recovery measures, including progress on implementation and proposed progress for the following year, among other matters they consider necessary to review.

12.2. An annual progress report on the implementation of this Agreement will be prepared by the committee referred to in Section 9.1 and presented to the Representatives referred to in Section 16.1, and will be made publicly available.

12.3. In years when Canada prepares the 5-year report referred to in section 46 of the Species at Risk Act, Manitoba will provide a comprehensive report, summarizing the status of conservation and recovery measures over the duration of the agreement.

12.4. The annual and comprehensive reports will be used to inform reporting requirements under sections 46 and 63 and paragraph 126(c) of the Species at Risk Act.

12.5. The annual and comprehensive reports will address:

12.5.1. Progress towards achieving commitments made by the Parties under this Agreement;

12.5.2. Steps taken to protect and recover critical habitat of the Boreal Woodland Caribou that is not yet protected;

12.5.3. Progress towards achieving agreed upon annual actions;

12.5.4. Population and habitat monitoring results;

12.5.5. The effectiveness of conservation and recovery measures outlined in Appendix B of this Agreement in relation to provisions listed in the Recovery Strategies; and

12.5.6. Unforeseen circumstances or stochastic events that might impact conservation and recovery measures.

12.6. Based on the review outlined in section 12.1 of this Agreement, the Parties will evaluate the conservation and recovery measures listed in Appendix B of this Agreement, and propose any additional commitments which may be required to increase the likelihood of achieving the conservation and recovery of the Boreal Woodland Caribou in Manitoba.

12.7. The comprehensive report will be used to inform discussions on the renewal of this Agreement.

13. Agreement duration, termination and renewal

13.1. This Agreement takes effect on the date of the last signature affixed to this Agreement (“Effective Date”). It will remain in force until March 31, 2025, unless terminated earlier in accordance with this Agreement.

13.2. Either Party may terminate this Agreement for any reason, ninety (90) days after consulting with and providing written notice to the other Party, as per Section 15. Each Party acknowledges that failure to implement commitments it has made in this Agreement may be grounds for the other Party to invoke this section.

13.3. The Parties may renew this Agreement or any part of it, and its term may be extended with the written consent of the Parties prior to the expiration of this Agreement.

14. Amendment

14.1. This Agreement may be amended from time to time with the written consent of the Parties.

14.2. In particular, Appendix B to this Agreement may be amended in writing from time to time, as required, and automatically incorporated into this Agreement, as amended, by the written consent of the Representatives identified pursuant to subsection 16.1 of this Agreement.

14.3. In case of amendments to the Federal Recovery Strategy or the Manitoba Recovery Strategy, the Parties will consider whether amendments to this Agreement are warranted.

15. Dispute resolution

15.1. In the event of a dispute between the Parties arising out of this Agreement, the Parties will use the following procedure to resolve the dispute:

15.1.1. Disputes arising from Boreal Woodland Caribou activities and programming contemplated in this Agreement will be raised when Representatives convene (section 9.1 of this Agreement); and

15.1.2. Disputes under subsection 15.1.1 which have not been resolved and all other disputes under the Agreement will be referred to the Representatives identified pursuant to section 16.1 of this Agreement for final resolution.

16. Designation for implementation of this agreement

16.1. For the purposes of this Agreement, the Representatives of the Parties are:

16.1.1. Manitoba – the Assistant Deputy Minister of the Resource Management and Protection Division of the Ministry of Natural Resources and Northern Development,

16.1.2. Canada – the Assistant Deputy Minister of the Canadian Wildlife Service, Environment and Climate Change Canada.

16.2. The administration and day-to-day implementation of this Agreement will be carried out on behalf of Canada by delegates of the Assistant Deputy Minister of the Canadian Wildlife Service, Environment and Climate Change Canada.

16.3. The administration and day-to-day implementation of this Agreement will be carried out on behalf of Manitoba by delegates of the Assistant Deputy Minister of the Resource Management and Protection Division of the Ministry of Natural Resources and Northern Development.

16.4. Where this Agreement requires notice be provided or received, or consent be given, the Representative of each Party identified in section 16.1 of this Agreement may provide or receive notice or give the consent required.

17. Counterparts

17.1. This Agreement may be signed in several counterparts and each counterpart shall constitute an original document; these counterparts taken together shall constitute one and the same Agreement. The Parties agree that executed counterparts may be transmitted electronically and that such counterparts shall be treated as originally executed instruments. Each Party undertakes to provide the others with a copy of the original Agreement bearing actual original signatures within a reasonable period of time following execution of this Agreement.

18. Signatures

In witness whereof, the Parties have executed this Agreement.

On behalf of His Majesty the King in Right of Canada,
as represented by the Minister of the Environment.

As originally signed by

_______________________________
Hon. Steven Guilbeault
Minister of the Environment

Signed this 21^st day of February, 2023.

On behalf of His Majesty the King in Right of the Province Manitoba,
as represented by the Minister of Natural Resources and Northern Development.

As originally signed by

_______________________________
Hon. Greg Nesbitt
Minister of Natural Resources and Northern Development

Signed this 23^rd day of December, 2022.

Appendix A - Location of provincial Boreal Woodland Caribou Management Units for which range plans will be completed

Figure 1: Spatial coverage of federal Boreal Caribou critical habitat and Manitoba’s Caribou Management Units (CMUs; numbered 1-9). Three areas of federal critical habitat that are not included within provincial CMU boundaries are labelled A, B, and C.

Appendix B - Boreal Woodland Caribou recovery measures table