Progress report on steps taken for protection of critical habitat for species at risk in Canada (April 2023 to September 2023)

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December 2023

Departmental message

Environment and Climate Change Canada (ECCC) and Parks Canada (PC) have a core responsibility to protect, conserve and recover terrestrial species at risk and their critical habitat. This responsibility is shared with provincial and territorial governments. ECCC and PC work cooperatively with provinces and territories, Indigenous Peoples, other federal departments and agencies, and other partners and stakeholders to undertake conservation measures to recover species at risk and protect biodiversity at large.

A key tool for the protection of species at risk in Canada is the federal Species at Risk Act (SARA). Listing species under SARA and producing the required recovery documents allows for the refinement of long-term recovery objectives and strategies for each species at risk and their habitats. However, as more species are listed under SARA, consensus has emerged on the need for a prioritized, multi-species, stewardship-based approach to better focus on recovery outcomes and undertake needed actions in an effective and timely manner. This approach is grounded in stronger multi-jurisdictional partnerships and engagement of all partners, notably with provinces and territories and Indigenous Peoples.

The Government of Canada has also prioritized biodiversity conservation on an international scale. The Kunming-Montreal Global Biodiversity Framework (KMGBF) was adopted in December 2022 at the 15th meeting of the Conference of the Parties to the Convention on Biological Diversity (COP15). This landmark document builds on the Strategic Plan for Biodiversity 2011-2020 and includes a set of goals, targets, and a partial set of indicators for Parties to address. A major focus of the KMGBF mission is halting and reversing biodiversity loss by 2030 and restoring biological diversity levels by 2050. The KMGBF represents “an ambitious path forward for our planet” and gives countries “the tools to turn the tide” on biodiversity loss^{Footnote 1}.

The Government of Canada has been collaborating with provinces^{Footnote 2}, territories, Indigenous Peoples, and other conservation partners to implement the Pan-Canadian Approach to Transforming Species at Risk Conservation in Canada^{Footnote 3} (Pan-Canadian Approach) since 2018. Conservation efforts under the Pan-Canadian Approach are concentrated on shared priorities across Canada, focusing on a set of priority places, species, and sectors. These concerted efforts are bringing conservation partners together to collectively plan and implement stewardship actions on the ground to achieve better outcomes for species at risk.

• Eleven priority places have been established that are hotspots for species at risk. These priority places cover nearly 30 million ha (including ~2 million ha of critical habitat for species at risk) with more than 320 species at risk (~147 of which have > 50% of their range included within the priority places). In the priority places, federal and provincial or territorial governments are working with Indigenous Peoples and stakeholders to develop conservation action plans that will identify key actions to address the greatest threats to species. To learn more about the Priority Places initiative and the work undertaken by our partners to recover species at risk within these priority places, please visit our interactive website. These 11 priority places are complemented by a suite of Community-Nominated Priority Places (CNPP), which were identified through an open call for applications. In 2018-2022, more than 12,000 ha were secured and more than 150 km of shoreline and 65,000 ha were stewarded for species at risk through actions implemented by partners in the federal-provincial-territorial priority places. In 2019-2022, more than 1400 ha were secured and more than 950 km of shoreline and 15,000ha were stewarded for species at risk through actions implemented by partners through CNPP. Six priority places overlap with National Parks which broadens the collaboration between partners to maximize landscape-scale conservation benefits
• Six priority species have been identified by federal-provincial-territorial governments: Greater Sage-Grouse; Wood Bison; Barren-ground Caribou; Peary Caribou; Caribou, Boreal population (“boreal caribou”); and Woodland Caribou, Southern Mountain population (“southern mountain caribou”). Priority species have large geographic ranges, an important ecological role at the national or regional scale, and many have high cultural, traditional and spiritual meaning for Indigenous Peoples. Together, the priority species’ ranges cover over 576 million ha – roughly ~58% – of Canada. Bilateral or multilateral conservation agreements have been signed with provinces, territories, and Indigenous Peoples to support commitments towards recovery planning and on-the-ground actions. By delivering conservation outcomes for targeted priority species, it is expected that we can achieve significant co-benefits for other species at risk, wildlife in general, and related biodiversity values

Three priority sectors have been identified: agriculture, forest sector and urban development. The priority sectors initiative addresses each of these sectors through a three-pronged approach:

• supporting innovative sector projects that can lead to the protection and recovery of species at risk (such as integrating species at risk into sectoral plans, testing of decision support tools, assessing financial incentives and mechanisms)
• creating a mechanism for collaboration with sectors; and
• developing conservation action plans for species at risk with sector partners and stakeholders

ECCC, along with PC, provinces and territories, Indigenous Peoples and other partners, continue to advance biodiversity conservation through the implementation of the Pan-Canadian Approach and related policy and program improvements.

Introduction

The purposes of SARA are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity, and to manage species of special concern to prevent them from becoming threatened or endangered. The responsibility for conservation of species at risk in Canada is shared by different levels of government. The Government of Canada first looks to the provinces and territories for the protection of terrestrial species’ habitat on non-federally administered lands. The federal government is responsible for critical habitat^{Footnote 4} protection for all species at risk on federal lands.

Species at risk are important elements of healthy ecosystems, and protecting them helps support biodiversity. The protection of critical habitat supports the Goal 15, Healthy Wildlife Populations under the Federal Sustainable Development Strategy to protect and recover species, and conserve Canadian biodiversity. Critical habitat protection also supports United Nations Sustainable Development Target 15.5 (of Goal 15) to take urgent and significant action to reduce the degradation of natural habitats, halt the loss of biodiversity and, by 2030, protect and prevent the extinction of threatened species.

The Spring 2023 Discretionary Powers to Protect Species at Risk report by the Commissioner of the Environment and Sustainable Development to the Parliament of Canada included recommendations to ECCC for providing more complete information in progress reports. The department agreed with these recommendations. As per the department’s official response to these recommendations, by March 2025, ECCC will continue to improve the information reported on steps taken by provinces and territories to protect critical habitat, and is investigating approaches to determining the species, and amount of their critical habitat, where there have been no steps taken toward the protection of its critical habitat. The next report in 2024 will include available elements towards meeting the report recommendations.

Under SARA, the Government of Canada is obliged to track and report on actions taken and measures put in place to protect identified critical habitat of species at risk. This responsibility is found under section 63 of the Act. The department has published eleven reports prior to this publication on the measures taken. This report focuses on information related to the protection of critical habitat for terrestrial species at risk in Canada.

In addition to reporting on the implementation of SARA, federal, provincial^{Footnote 5} and territorial governments have been implementing the Pan-Canadian Approach since 2018. Now in its fifth year of implementation, the Pan-Canadian Approach is enabling conservation partners to work together to achieve better outcomes for species at risk. The Pan-Canadian Approach is also renewing relationships and strengthening collaboration between our governments and Indigenous Peoples, and other partners, including industry and non-governmental organizations.

In the spirit of the Pan-Canadian Approach, and of section 63 of SARA, this report provides a summary of steps and actions taken and underway by provincial, territorial and federal governments to contribute towards the protection of identified critical habitat for 266 terrestrial species at risk^{Footnote 6} in Canada, with the identification of critical habitat for a new species and the removal of another^{Footnote 7} since the previous report published in June 2023 (see Annex A). The report includes information related to species at risk critical habitat on federal and non-federal lands. Building on the previous eleven publications^{Footnote 8}, this report focuses on steps and actions that have been taken during the reporting period of April 1, 2023 to September 30, 2023. Since the first multi-species report (June 2019), 432 steps and actions have been reported towards protection of identified critical habitat for species at risk.

Report framework / category definitions

ECCC contacted provinces and territories to request that they report on steps and actions taken to contribute towards the protection of critical habitat on non-federally administered land. This request began with critical habitat as identified in federal recovery strategies or action plans for federally listed terrestrial species at risk. The report also includes information on other collaborative efforts as well as information on steps and actions taken on federal lands including input from PC. In addition, Grants and Contributions (G&C) program funding to support the protection of critical habitat is included in this report. This funding information is reported once annually to better reflect ECCC’s internal processes and the reporting cycle of G&C recipients.

Guided by the Pan-Canadian Approach, steps or actions are organized in this report based on whether they relate to a single species, or relate to multi-species, priority places, or priority sectors. ECCC summarized the input and categorized it into the type of step or action taken. The key categories of steps or actions are defined as follows:

• legislative or regulatory: Steps taken related to the development or implementation of a wildlife/species at risk legislation or a regulation under existing legislation
• policy: Steps linked to the development or approval of a policy to apply a species at risk legislation or consider wildlife and species at risk in decision making
• protected areas: Steps linked to the setting aside of land under an existing act or regulation for the purpose of regulating activities to reduce their adverse effects on habitat, or steps linked to the negotiation or establishment of a protected area
• agreements or easements: Steps linked to the negotiation or signature of a conservation agreement, under section 11 of SARA or under other applicable legislation (such as a Conservation Easement Act)
• securement: Voluntary setting aside, sale or purchase of land for the purpose of conservation and protection by a private landowner or a government, without legal designation as a protected area
• range and management planning: Steps linked to the development and implementation of management plans and range plans
• control of Activities likely to result in destruction of critical habitat (ALTDs): Any steps not already above captured which help control activities likely to result in the destruction of critical habitat for species at risk, when these activities are identified as such in the recovery strategy for the species
• stewardship: Habitat management actions that help maintain, restore or enhance the quality of habitat

The list of species in each jurisdiction to which this report applies can be found in Annex A. This list represents all terrestrial species currently listed on Schedule 1 of SARA as threatened or endangered for which critical habitat has been identified in a final federal recovery strategy or action plan^{Footnote 9}.

The Yukon and Northwest Territories devolution agreements have given administration and control of large portions of land to the Yukon and Northwest Territories governments. This type of agreement is under negotiation for Nunavut. The federal government is working with the governments of the Yukon, Northwest Territories, Indigenous governments and organizations, and northern Wildlife Management Boards to develop a path forward for protection of critical habitat on devolved lands (also known as territorial lands) and will also look to do so with its counterparts in Nunavut through the devolution process.

1 Protection of critical habitat in the provinces

For critical habitat occurring on non-federally administered lands in the provinces, the Government of Canada first looks to the laws of the provinces for the protection of terrestrial species’ habitat. In the following sections, a summary of the applicable legislation is provided, followed by the different actions and measures put in place which reduce the risk of destruction of critical habitat.

1.1 British Columbia

Status summary

In British Columbia (BC), there are 107 species at risk with federally identified critical habitat to which this report relates (see Annex A1). From April 1, 2023 to September 30, 2023, no additional critical habitat was identified within BC. No legislative changes were made during the reporting period; the summary of legislation is below.

The Government of BC does not currently have stand-alone species at risk legislation. The purpose of most provincial land use legislation in BC is to manage industrial and commercial activities, including the environmental effects of those activities.

The Ecological Reserve Act, the Park Act, the Wildlife Act, the Land Act and their associated regulations include provisions that could, in some circumstances, result in an outcome that prohibits critical habitat destruction within ecological reserves, in conservancies or provincial parks, and in wildlife management areas respectively. However, the scope of lands covered by these Acts is limited, and, except within ecological reserves, there are discretions that may enable the authorization of activities likely to result in the destruction of critical habitat. The Forest and Range Practices Act (FRPA) and the Energy Resources Activities Act (ERAA) and associated regulations include enforceable prohibitions, but the prohibitions only apply to forest harvesting activities, oil and gas activities, or range use practices under some circumstances, vary in their application depending on the specific land use designation, and have less restrictive provisions or exemptions for various types of operators.

On February 13, 2023 the province amended the Forest Planning and Practices Regulation under the FRPA to remove the limitation “without unduly reducing the supply of timber” from objectives set by government in the Act (BC Reg 36/2023). This change enables forest stewardship plan holders and Ministry decision makers to fully balance forest values when managing for timber and non-timber objectives under the FRPA. This clause has not yet been removed from FRPA’s Government Actions Regulation, which is the mechanism to establish wildlife habitat areas and ungulate winter ranges, but work is underway to establish an amendment. For more information, please see Removing limitations on objectives set by government - Province of British Columbia.

On non-federal lands, some provisions in other pieces of legislation in BC may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment, please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

1.2 Alberta

Status summary

In Alberta, there are 25 species at risk with federally identified critical habitat to which this report relates (see Annex A2). From April 1, 2023, to September 20, 2023, no additional critical habitat was identified within Alberta. There have been no modifications to species at risk legislation within this reporting period.

The Government of Alberta does not have stand-alone species at risk legislation. The Wildlife Act and its Wildlife Regulation cover 13 SARA listed species (see Annex A2 for details) and are the primary provincial legislative tools that address wildlife management in Alberta. The Wildlife Act does not contain prohibitions against the destruction of habitat, but it enables the Minister to make regulations respecting the protection of wildlife habitat and endangered species.

The Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act, the Provincial Parks Act and the Willmore Wilderness Park Act include provisions on critical habitat destruction in wilderness areas, ecological reserves, wildland provincial parks, and within Willmore Wilderness Park respectively. On non-federal lands, some provisions in other pieces of legislation, such as the Public Lands Act and the Public Lands Administration Regulation, may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

1.3 Saskatchewan

Status summary

In Saskatchewan, there are 21 species at risk with federally identified critical habitat to which this report relates (see Annex A3). From April 1, 2023, to September 30, 2023, no additional critical habitat was identified within Saskatchewan^{Footnote 10} . There have been no modifications to species at risk legislation within this reporting period.

The Government of Saskatchewan does not have stand-alone species at risk legislation. Rather, The Wildlife Act, 1998 and its Wild Species at Risk Regulations, covering nine SARA listed species (see Annex A3) are the primary provincial legislative tools that can address wildlife habitat and species at risk in the province. The Wildlife Act, 1998 allows for the Lieutenant Governor in Council to make regulations that designate an area of the province for protection of wildlife and their habitat, however, it also includes provisions to authorize activities in these areas. The Wild Species at Risk Regulations is the only regulation that includes provisions regarding species at risk; however, the prohibitions are limited.

The Provincial Lands Act, 2016 and The Conservation Easement Act include provisions on critical habitat destruction in Ecological Reserves, Representative Area Ecological Reserves and on land that is under a crown conservation easement, respectively. However, the scope of lands covered under these Acts is limited and there are specific provisions associated with each designated reserve and easement. On non-federal lands, some provisions in other pieces of legislation may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment, please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

1.4 Manitoba

Status summary

In Manitoba, there are 23 species at risk with federally identified critical habitat to which this report relates (see Annex A4). From April 1, 2023 to September 30, 2023, critical habitat for a new species (Chimney Swift) was identified within Manitoba. As this critical habitat is newly identified, no protection actions for this species occured during this reporting period. There have been no modifications to species at risk legislation within this reporting period.

The Endangered Species and Ecosystems Act (ESEA) covers 21 SARA listed species with critical habitat identified on non-federal lands (see Annex A4) and is the primary provincial legislative tool to protect species at risk and their habitat on non-federal lands. In general, the ESEA includes prohibitions against destroying, disturbing or interfering with the habitat of listed endangered or threatened species. However, the ESEA includes exemptions for developments and licenses under The Environment Act. Manitoba has not required proponents to apply for exemption under the ESEA for development projects licensed under The Environment Act. The ESEA also includes provisions for designating endangered or threatened ecosystems as protected through ecosystem preservation zones, which would apply to any overlapping critical habitat. However, as of March 2023, no ecosystem preservation zones had been designated.

Additionally, the Ecological Reserves Act and the Provincial Parks Act includes provisions on critical habitat destruction in ecological reserves, and certain zones within provincial parks. On non-federal lands, some provisions in other pieces of legislation may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

1.5 Ontario

Status summary

In Ontario, there are 103 species at risk with federally identified critical habitat to which this report relates (see Annex A5). From April 1, 2023 to September 30, 2023, critical habitat for a new species (Chimney Swift) was identified within Ontario. As this critical habitat is newly identified, no protection actions for this species occurred during this reporting period. There have been no modifications to species at risk legislation within this reporting period.

Habitat protection under Ontario’s Endangered Species Act (ESA) is in place for 190 species at risk in Ontario, 98 of which are part of the 103 terrestrial species with critical habitat identified on non-federal lands in the province (see Annex A5). Under the Crown Forest Sustainability Act (CFSA), forest operations in Crown forests are exempt from certain prohibitions of the ESA provided the forest operations are conducted in accordance with an approved forest management plan. Impacts to species at risk as a result of forest operations are managed through requirements under the CFSA framework. Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield population) (not currently listed under the ESA), Golden-winged Warbler (currently listed Special Concern under the ESA), and Lakeside Daisy (currently listed Special Concern under the ESA) are the only three species with final critical habitat in Ontario that do not currently receive any direct habitat protection under the ESA.

On non-federal lands, some provisions in other pieces of legislation may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment, please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

1.6 Quebec

Status summary

In Quebec, there are 38 species at risk with federally identified critical habitat to which this report relates (see Annex A6). From April 1, 2023 to September 30, 2023, critical habitat for a new species (Chimney Swift) was identified within Quebec. During this period, the Quebec government enacted the Regulation to amend the Regulation respecting threatened or vulnerable wildlife species and their habitats, to enable it to designate 27 new wildlife species and determine the characteristics identifying the habitats of 28 threatened or vulnerable species.

In Quebec, among the species listed in Annex A6, 33 are designated as threatened or vulnerable under the Act respecting threatened or vulnerable species (LEMV). ^{Footnote 11} The legislation also provides for the creation of a List of plant and wildlife species which are likely to be designated as threatened or vulnerable, primarily for preventive purposes. The list is an administrative and educational tool aimed at halting, or even reversing, the decline of species. Three of the species listed in Annex A6 are included on this list. However, there is no obligation to designate or protect habitats that are necessary for the survival or recovery of a species. In addition, although the LEMV and the Act respecting the conservation and development of wildlife (LCMVF) apply in principle to both private and public lands, the Regulation respecting wildlife habitats (RHF) limits the designation of wildlife habitats to lands in the domain of the State, therefore limiting the protection of habitat for wildlife species at risk. However, steps are being taken to modernize the RHF and review these provisions.

In addition, Quebec has several tools available to create different types of protected areas. The designation of protected areas is an element of the Quebec Government’s strategy to promote sustainable development and the protection of biodiversity, including species at risk. However, with few exceptions, the areas of critical habitat covered by protected areas are generally very small except for the Green-scaled Willow for which 100% of the critical habitat is in the Gaspésie National Park established under the Parks Act. On non-federal lands, some provisions in other pieces of legislation may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment please refer to 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

The Canada-Quebec agreement for the protection of species at risk in Quebec expired on March 31, 2022. Since then, the province has shared very little data with ECCC, including updated information on the measures and actions taken to protect the critical habitat of species at risk on non-federal lands.

1.7 New Brunswick

Status summary

In New Brunswick, there are 17 species at risk with federally identified critical habitat to which this report relates (see Annex A7). From April 1, 2023, to September 30, 2023, critical habitat for one new species (Chimney Swift) was identified within New Brunswick. As this critical habitat is newly identified, no protection actions for this species occurred during this reporting period. There have been no modifications to species at risk legislation within this reporting period.

The Species at Risk Act (NB SARA) is the primary provincial legislative tool that can protect critical habitat for species at risk on non-federal lands. It replaced the New Brunswick Endangered Species Act (NB ESA) in 2013. Schedule A of the NB SARA contains the species that were transferred from the NB ESA and kept the status they had under the NB ESA, including species that were listed as Endangered. Of the 17 species at risk with federally identified critical habitat in New Brunswick, 10 species of Schedule A may receive habitat protection through transitional provisions of the NB SARA up until they are removed from Schedule A (see Annex A7). To be removed from Schedule A, the species must be listed and regulations provide that the prohibitions under section 28 apply^{Footnote 12} .Section 28 of the NB SARA states that no person shall kill, harm, harass, take, possess, buy, sell or trade an individual of a listed species at risk. Section 28 only applies to listed extirpated, endangered, or threatened species. Once listed, the NB SARA provides the Government of New Brunswick with the power to protect species at risk critical habitat by regulation or by order but only at the discretion of the Minister. To date no species has been listed under the NB SARA, and therefore no regulations have been made or orders issued in respect to the designation or protection of species at risk critical habitat under the NB SARA.

The NB SARA and the Protected Natural Areas Act include provisions for species at risk critical habitat within Protected Natural Areas. Additionally, the Parks Act includes prohibitions against activities that could result in the destruction of species at risk critical habitat, though limited.

Under the Conservation Easements Act, individual easements could include prohibitions against activities likely to result in the destruction of species at risk critical habitat. On non-federal lands, some provisions in other pieces of legislation may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

1.8 Prince Edward Island

Status summary

In Prince Edward Island (PEI), there are six species at risk with federally identified critical habitat to which this report relates (see Annex A8). From April 1, 2023, to September 30, 2023, no additional critical habitat was identified within PEI. There have been no modifications to legislation which applies to species at risk within this reporting period.

The Wildlife Conservation Act is the primary provincial legislative tool that can protect critical habitat for species at risk on non-federal lands. The Wildlife Conservation Act provides the Government of PEI with the power to protect the critical habitat of species at risk that have been designated (at the discretion Lieutenant Governor in Council) as a threatened or endangered species. To date, no regulations have been made under the Wildlife Conservation Act to designate a species at risk. Species at risk critical habitat could also, potentially, be protected on private land under an agreement with a private landowner which may impose a covenant or easement on the private landowner’s land. Unlike stand-alone easement legislation, which tends to be enforced under common law, such an agreement appears to be enforceable under the Wildlife Conservation Act.

The Natural Areas Protection Act includes provisions for species at risk critical habitat that occurs within natural areas designated under the Act. On non-federal lands, some provisions in other pieces of legislation, such as the Planning Act, may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal land within the designated reporting period.

1.9 Nova Scotia

Status summary

In Nova Scotia, there are 22 species at risk with federally identified critical habitat to which this report relates (see Annex A9). From April 1, 2023, to September 30, 2023, critical habitat for one new species (Chimney Swift) was identified within Nova Scotia. As this critical habitat is newly identified, no protection actions for these species occurred during this reporting period. There have been no modifications to legislation which applies to species at risk within this reporting period.

The Endangered Species Act (NS ESA) covers 20 SARA listed species (see Annex A9) and is the primary provincial legislative tool that can protect habitat for species at risk on non-federal lands. The NS ESA has prohibitions against the destruction of residence such as nests or hibernacula, including dwellings that are anthropogenic structures. The NS ESA also provides the mechanism (through regulation or an order) to list prohibitions against the destruction of species at risk critical habitat on non-federal lands. However, no regulations or orders protecting species at risk critical habitat have been issued under the NS ESA.

The NS ESA, the Wilderness Areas Protection Act, the Brothers Islands Wildlife Management Regulations (under the Wildlife Act), the Provincial Parks Act, the Conservation Easements Act and the Special Places Protection Act include provisions for species at risk critical habitat. On non-federal lands, some provisions in other pieces of legislation may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

1.10 Newfoundland and Labrador

Status summary

In Newfoundland and Labrador, there are 11 species at risk with federally identified critical habitat to which this report relates (see Annex A10). From April 1, 2023, to September 30, 2023, no additional critical habitat was identified within Newfoundland and Labrador. There have been no modifications to species at risk legislation within this reporting period.

The Newfoundland and Labrador Endangered Species Act (NL ESA) covers 10 SARA listed species (see Annex A10) and is the primary provincial legislative tool that can protect critical habitat for species at risk on non-federal lands. The NL ESA enables the Government of Newfoundland and Labrador to make an order to set aside an area of land to be protected as species at risk critical habitat. However, no orders have been issued for species at risk under the NL ESA.

The Wilderness and Ecological Reserves Act and the Provincial Parks Act both include provisions for species at risk critical habitat within Ecological Reserves and Provincial Parks respectively. On non-federal land, some provisions in other pieces of legislation may be used to prohibit specific activities likely to result in destruction of critical habitat.

For more details on the provincial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

There are no Pan-Canadian Approach Priority Places within this province.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

2 Protection of critical habitat in the territories

For critical habitat occurring on non-federally administered lands and in respect of the spirit of devolution agreements in the territories, the Government of Canada first looks to the laws of the territory for the protection of terrestrial species’ habitat. In the following sections, a summary of the applicable legislation is provided followed by the different actions and measures put in place which reduce the risk of destruction of critical habitat, as reported by the territorial governments.

2.1 Yukon

Status summary

In the Yukon, there are two species at risk with federally identified critical habitat to which this report relates (see Annex A11). From April 1, 2023 to September 30, 2023, no additional critical habitat was identified within Yukon. There have been no modifications to species at risk legislation within this reporting period.

The Yukon has no stand-alone legislation protecting species at risk; however, certain activities impacting individuals of wildlife species are regulated under the Wildlife Act. On territorial lands, some provisions in various territorial acts can be used to prohibit specific activities likely to result in destruction of critical habitat.

Protected areas in the Yukon can prevent some disturbance due to human activity in certain critical habitat, while areas that have not yet been designated may have interim protection through land withdrawals via land use plans or Yukon First Nation Final Agreements. Moreover, regional land use plans contribute to conservation of species at risk habitat in the Yukon in certain areas. Approved land use plans are implemented through Yukon First Nation Final Agreements and the Yukon Environmental and Socio-economic Assessment Act.

For more details on the territorial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

There is no critical habitat on non-federal land in this Pan-Canadian Approach Priority Place within this territory.

2.2 Northwest Territories

Status summary

In Northwest Territories (NWT) there are five species at risk with federally identified critical habitat to which this report relates (see Annex A12). From April 1, 2023 to September 30, 2023, no additional critical habitat was identified within NWT.

The Government of NWT’s primary legislation for protecting species at risk, their Species at Risk (NWT) Act (NWT SARA), applies to Caribou (Boreal population), Hairy Braya, Little Brown Myotis, and Peary Caribou. The NWT SARA has the authority to make regulations to protect critical habitat (which, under the NWT SARA Act could be protected as Designated Habitat), however no such regulations have been put in place.

Protected areas in NWT can prevent some disturbance due to human activity in certain critical habitat, while ‘candidate areas’ may have interim protection through land withdrawals or land use plans. Moreover, regional land use plans contribute to conservation of species at risk habitat in the NWT in certain areas. Approved land use plans are implemented through comprehensive land claim agreements and the Mackenzie Valley Resource Management Act.

In the Northwest Territories, there are four comprehensive land claim agreements, and associated settlement areas: the Inuvialuit, Gwich’in, Sahtu and Tłı̨chǫ. Within these areas, wildlife and land management, is coordinated through designated Indigenous organizations and/or wildlife management boards under these agreements.

For more details on the territorial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

There are no Pan-Canadian Approach Priority Place within this territory.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

2.3 Nunavut

Status summary

In Nunavut, there are four ^{Footnote 13}  species at risk with federally identified critical habitat to which this report relates (see Annex A13). From April 1, 2023 to September 30, 2023, no additional critical habitat was identified within Nunavut. There have been no modifications to species at risk legislation within this reporting period.

The Wildlife Act is the main legislative tool that can specifically protect habitat for species at risk. In general, the Wildlife Act provides prohibitions against the destruction of species at risk critical habitat on public lands. However so far, no species are listed under the Nunavut Wildlife Act. On public lands the Territorial Parks Act includes prohibitions against activities on critical habitat, and some provisions in various territorial acts can be used to prohibit specific activities likely to result in destruction of critical habitat.

In addition, the Nunavut Planning Commission (NPC) leads the development of the Nunavut Land Use Plan (NLUP), an obligation under the Nunavut Agreement. Through its provisions, the NLUP is another legislative tool that could support the protection of critical habitat if the three approving Parties (Government of Canada, Government of Nunavut and Nunavut Tunngavik Incorporated) came to agreement. In July 2021, NPC released a new version of the draft NLUP.

For more details on the territorial legislative assessment please refer to the 2019 Report on Steps Taken and Protection of Critical Habitat for Species at Risk in Canada.

There is no Pan-Canadian Approach Priority Place within this territory.

The following section highlights the actions taken for species at risk critical habitat protection on non-federal lands within the designated reporting period.

3 Other collaborative and federal protection of critical habitat

4 Protection of critical habitat on federal land

The Government of Canada relies on provisions of SARA to legally protect critical habitat on federal lands. There are three tools available for use under SARA: description in the Canada Gazette [s.58(2)]; protection statements [s.58(5)(b)]; and, orders [s.58(5)(a)]. A description of critical habitat in the Canada Gazette applies to species at risk found in federally protected areas (including National Wildlife Areas, Migratory Bird Sanctuaries, National Parks, and Rouge National Urban Park). A protection statement included in the public registry can also be used to describe how critical habitat is protected. The government can also make use of orders under specific sections of SARA for the protection of critical habitat not legally protected by provisions in, or measures under, this or any other Act of Parliament. In addition to regulatory tools mentioned above, ECCC also takes a stewardship approach to support critical habitat protection on federal lands. The Critical Habitat Interdepartmental Program (CHIP), established in 2020, is managed by the Canadian Wildlife Service (CWS) of ECCC. This program provides funding to federal departments, agencies, and Crown corporations for projects aimed at the recovery of Canada's species at risk through the restoration and conservation of their critical habitat on federally owned or administered lands.

PC administers more than 464,000 km² of lands and waters in Canada and protects species at risk in these places. In addition to implementing SARA, PC has a range of legislative tools that protect species at risk and their critical habitat. For example, in national parks, PC uses the Canada National Parks Act and other legislation like the Impact Assessment Act and their associated regulations to provide special protection to species at risk through mechanisms like zoning, designation of “Environmentally Sensitive Areas” and seasonal closures. Ecological integrity is the first priority in managing national parks which includes the protection of species at risk and their critical habitat.

The following section summarizes the actions and measures taken by both ECCC and PC for the protection of critical habitat for terrestrial species at risk. This section includes information for the reporting period of April 2023 to September 2023.

Annex A – lists of species with critical habitat identified on non-federally administered lands by province/territory

A1 – Species with critical habitat identified in British Columbia

^a1Species with critical habitat identified only on federal lands.

Audouin’s Night-stalking Tiger Beetle

Bank Swallow

Barn Owl, Western population

Batwing Vinyl Lichen

Bear’s-foot Sanicle

Bearded Owl-clover

Behr’s Hairstreak

Blue-grey Taildropper

Bog Bird’s-foot Trefoil

Branched Phacelia

Brook Spike-primrose

California Buttercup

Caribou (Boreal population)

Cliff Paintbrush

Coast Microseris

Coastal Giant Salamander

Coastal Scouler’s Catchfly

Coastal Vesper Sparrow

Contorted-pod Evening-primrose

Crumpled Tarpaper Lichen

Deltoid Balsamroot

Dense-flowered Lupine

Dense Spike-primrose

Desert Nightsnake

Dromedary Jumping-slug

Dun Skipper, vestris subspecies

Dwarf Sandwort^a1

Dwarf Woolly-heads (Southern Mountain population)

Edwards’ Beach Moth

Foothill Sedge

Fragrant Popcornflower

Golden Paintbrush

Grand Coulee Owl-clover

Gray’s Desert-parsley

Great Basin Gophersnake

Great Basin Spadefoot

Half-moon Hairstreak

Haller’s Apple Moss

Howell’s Triteleia

Kellogg’s Rush

Lemmon’s Holly Fern

Lewis’s Woodpecker

Lindley’s False Silverpuffs

Little Brown Myotis

Macoun’s Meadowfoam

Marbled Murrelet

Mexican Mosquito-fern

Mormon Metalmark (Southern Mountain population)

Mountain Holly Fern

Muhlenberg’s Centaury

Northern Goshawk, laingi subspecies

Northern Leopard Frog (Rocky Mountain population)

Northern Myotis

Northern Saw-whet Owl, brooksi subspecies

Nugget Moss

Okanagan Efferia

Olive Clubtail

Oregon Forestsnail

Oregon Spotted Frog

Pacific Water Shrew

Pallid Bat

Phantom Orchid

Poor Pocket Moss

Porsild’s Bryum

Prairie Lupine

Purple Sanicle

Rayless Goldfields

Rigid Aple Moss

Rocky Mountain Tailed Frog

Roell's Brotherella Moss

Rosy Owl-clover

Rusty Cord-moss

Sage Thrasher

Sand-verbena Moth

Scarlett Ammannia

Seaside Birds-foot Lotus^a1

Seaside Bone Lichen

Seaside Centipede Lichen^a1

Sharp-tailed Snake

Short-rayed Alkali Aster

Showy Phlox

Slender Collomia

Slender Popcornflower

Small-flowered Lipocarpha

Small-flowered Tonella

Smooth Goosefoot

Southern Maidenhair Fern

Spalding’s Campion

Spotted Owl, caurina subspecies

Stoloniferous Pussytoes

Streambank Lupine

Tall Bugbane

Tall Woolly-heads

Taylor’s Checkerspot

Toothcup (Southern Mountain population)

Townsend’s Mole

Vancouver Island Marmot

Victoria’s Owl-clover

Water-plantain Buttercup

Western Painted Turtle (Pacific Coast population)

Western Rattlesnake

Western Tiger Salamander (Southern Mountain population)

White Meconella

Williamson's Sapsucker

Woodland Caribou (Southern Mountain population)

Yellow-breasted Chat, auricollis subspecies (Southern Mountain population)

Yellow Montane Violet, praemorsa subspecies

A2 – Species with critical habitat identified in Alberta

^a2-a Species listed provincially under Alberta’s Wildlife Regulations, prescribed as endangered or threatened species.

^a2-bSpecies with critical habitat identified only on federal lands.

Banff Springs Snail^a2-b

Bank Swallow

Bolander’s Quillwort^a2-b

Caribou (Boreal population)^a2-a

Dusky Dune Moth

Five-spotted Bogus Yucca Moth

Gold-edged Gem

Greater Sage-Grouse, urophasianus subspecies^a2-a

Little Brown Myotis^a2-a

Loggerhead Shrike, Prairie subspecies

Non-pollinating Yucca Moth

Northern Myotis^a2-a

Ord’s Kangaroo Rat^a2-a

Piping Plover, circumcinctus subspecies^a2-a

Porsild’s Bryum^a2-a

Red Knot, rufa subspecies (Tierra del Fuego/Patagonia population)

Slender Mouse-ear-cress^a2-a

Small-flowered Sand-verbena^a2-a

Smooth Goosefoot

Soapweed^a2-a

Tiny Cryptantha^a2-a

Western Harvest Mouse dychei subspecies^a2-b

Western Spiderwort^a2-a

Woodland Caribou (Southern Mountain population)^a2-a

Yucca Moth

A3 – Species with critical habitat identified in Saskatchewan

^a3 Species listed provincially under the Saskatchewan Wild Species at Risk Regulations as threatened, endangered or extirpated wild species at risk.

Bank Swallow

Black-footed Ferret^a3

Burrowing Owl^a3

Caribou (Boreal population)

Chestnut-collared Longspur

Dusky Dune Moth

Eastern Yellow-bellied Racer

Gold-edged Gem

Greater Sage-Grouse, urophasianus subspecies^a3

Loggerhead Shrike, Prairie subspecies

Piping Plover, circumcinctus subspecies^a3

Red-headed Woodpecker

Red Knot, rufa subspecies (Tierra del Fuego/Patagonia population)

Slender Mouse-ear-cress^a3

Small-flowered Sand-verbena^a3

Smooth Goosefoot

Sprague’s Pipit

Swift Fox^a3

Tiny Cryptantha^a3

Western Spiderwort^a3

Mountain Plover

A4 – Species with critical habitat identified in Manitoba

^a4 Species listed provincially as endangered or threatened species under the ESEA regulations.

Bank Swallow

Caribou (Boreal population)^a4

Chimney Swift^a4

Dusky Dune Moth^a4

Eastern Whip-poor-will^a4

Fascicled Ironweed^a4

Gattinger's Agalinis^a4

Gold-edged Gem^a4

Golden-winged Warbler^a4

Least Bittern^a4

Little Brown Myotis^a4

Northern Myotis^a4

Piping Plover, circumcinctus subspecies Poweshiek Skipperling^a4

Red-headed Woodpecker^a4

Red Knot, rufa subspecies (Tierra del Fuego/Patagonia population)^a4

Rough Agalinis^a4

Small White Lady's-slipper^a4

Smooth Goosefoot^a4

Western Prairie Fringed Orchid^a4

Western Silvery Aster^a4

Western Spiderwort^a4

White Flower Moth^a4

A5 – Species with critical habitat identified in Ontario

^a5-a Species provincially listed as endangered or threatened, and receiving some habitat protection under the Ontario ESA.

^a5-bSpecies with critical habitat identified only on federal lands.

Acadian Flycatcher^a5-a

Allegheny Mountain Dusky Salamander (Carolinian population)^a5-a

American Badger, jacksoni subspecies^a5-a

American Chestnut^a5-a

American Columbo^a5-a

American Ginseng^a5-a

American Water-willow^a5-a

Bank Swallow^a5-a

Bashful Bulrush^a5-a

Bent Spike-rush (Great Lakes Plains population)^a5-a

Bird’s-foot Violet^a5-a

Blanding's Turtle (Great Lakes / St. Lawrence population)^a5-a

Bluehearts^a5-a

Blue Racer^a5-a

Blunt-lobed Woodsia^a5-a

Bogbean Buckmoth^a5-a

Branched Bartonia^a5-a

Butler's Gartersnake^a5-a

Caribou (Boreal population)^a5-a

Cerulean Warbler^a5-a

Cherry Birch^a5-a

Chimney Swift^a5-a

Colicroot^a5-a

Cucumber Tree^a5-a

Deerberry^a5-a

Dense Blazing Star^a5-a

Drooping Trillium^a5-a

Dwarf Hackberry^a5-a

Eastern Flowering Dogwood^a5-a

Eastern Foxsnake (Carolinian population)^a5-a

Eastern Foxsnake (Great Lakes / St. Lawrence population)^a5-a

Eastern Prairie Fringed Orchid^a5-a

Eastern Prickly Pear Cactus^a5-a

Eastern Whip-poor-will^a5-a

Engelmann’s Quillwort^a5-a

False Hop Sedge^a5-a

False Rue-anemone^a5-a

Five-lined Skink (Carolinian population)^a5-a

Forked Three-awned Grass^a5-a

Fowler's Toad^a5-a

Gattinger's Agalinis^a5-a

Golden-winged Warbler

Gray Ratsnake (Carolinian population)^a5-a

Gray Ratsnake (Great Lakes / St. Lawrence population)^a5-a

Grey Fox^a5-a

Heart-leaved Plantain^a5-a

Hill’s Thistle^a5-a

Hine’s Emerald^a5-a

Hoary Mountain-mint^a5-a

Hoptree Borer^a5-a

Horsetail Spike-rush^a5-b

Hungerford’s Crawling Water Beetle^a5-a

Jefferson Salamander^a5-a

Juniper Sedge^a5-a

Kentucky Coffee-tree^a5-a

Kirtland’s Warbler^a5-b

Lakeside Daisy

Large Whorled Pogonia^a5-a

Least Bittern^a5-a

Little Brown Myotis^a5-a

Loggerhead Shrike, Eastern subspecies^a5-a

Massasauga (Carolinian population)^a5-a

Massasauga (Great Lakes / St. Lawrence population)^a5-a

Nodding Pogonia^a5-a

Northern Barrens Tiger Beetle^a5-a

Northern Dusky Salamander (Carolinian population)^a5-a

Northern Myotis^a5-a

Pale-bellied Frost Lichen^a5-a

Pink Milkwort^a5-a

Piping Plover, circumcinctus subspecies^a5-a

Prothonotary Warbler^a5-a

Purple Twayblade^a5-a

Queensnake^a5-a

Rapids Clubtail^a5-a

Red-headed Woodpecker^a5-a

Red Knot, rufa subspecies (Tierra del Fuego/Patagonia population)^a5-a

Red Mulberry^a5-a

Riverine Clubtail (Great Lakes Plains population)^a5-a

Round-leaved Greenbrier (Great Lakes Plains population)^a5-a

Rusty-patched Bumble Bee^a5-a

Scarlett Ammannia^a5-a

Showy Goldenrod (Boreal population)^a5-a

Slender Bush-clover^a5-a

Small-flowered Lipocarpha^a5-a

Small-mouthed Salamander^a5-a

Small White Lady’s-slipper^a5-a

Small Whorled Pogonia^a5-a

Spiny Softshell^a5-a

Spoon-leaved Moss^a5-a

Spotted Turtle^a5-a

Spotted Wintergreen^a5-a

Toothcup (Great Lakes Plains population)^a5-a

Tri-coloured Bat^a5-a

Virginia Goat’s-rue^a5-a

Virginia Mallow^a5-a

Western Chorus Frog (Great Lakes / St. Lawrence - Canadian Shield population)

Western Silvery Aster^a5-a

White Wood Aster^a5-a

Wild Hyacinth^a5-a

Willowleaf Aster^a5-a

Wood-poppy^a5-a

Wood Turtle^a5-a

Yellow-breasted Chat, virens subspecies^a5-a

A6 – Species with critical habitat identified in Quebec

^a6 Species designated as Threatened or Vulnerable under the Act respecting Threatened or Vulnerable Species (LEMV) or listed as a species likely to be designated as threatened or vulnerable under the LEMV.

Allegheny Mountain Dusky Salamander (Appalachian population)^a6

American Gingseng^a6

American Water-willow^a6

Bank Swallow

Bicknell’s Thrush^a6

Blanding’s Turtle (Great Lakes / St. Lawrence population)^a6

Blunt-lobed Woodsia^a6

Caribou (Atlantic-Gaspésie population)^a6

Caribou (Boreal population)^a6

Cerulean Warbler^a6

Chimney Swift^a6

Eastern Waterfan

Eastern Whip-poor-will^a6

False Hop Sedge^a6

Forked Three-awned Grass^a6

Golden-winged Warbler^a6

Green-scaled Willow^a6

Gulf of St. Lawrence Aster^a6

Horned Grebe (Magdalen Islands population)^a6

Least Bittern^a6

Little Brown Myotis

Maritime Ringlet^a6

Mountain Holly Fern^a6

Northern Barrens Tiger Beetle^a6

Northern Myotis

Piping Plover, melodus subspecies^a6

Purple Twayblade^a6

Red-headed Woodpecker^a6

Red Knot, rufa subspecies (Tierra del Fuego/Patagonia population)^a6

Roseate Tern^a6

Skillet Clubtail^a6

Spiny Softshell^a6

Tri-coloured Bat^a6

Van Brunt's Jacob's-ladder^a6

Victorin's Gentian^a6

Western Chorus frog (Great Lakes St. Lawrence - Canadian Shield population)^a6

White Wood Aster^a6

Wood Turtle^a6

A7 – Species with critical habitat identified in New Brunswick

^a7 Species provincially listed as endangered in Schedule A of the New Brunswick Species at Risk Act.

Bank Swallow^a7

Bicknell’s Thrush

Chimney Swift^a7

Cobblestone Tiger Beetle^a7

Eastern Waterfan

Eastern Whip-poor-will

Furbish's Lousewort^a7

Gulf of St. Lawrence Aster^a7

Least Bittern

Little Brown Myotis^a7

Maritime Ringlet^a7

Northern Myotis^a7

Piping Plover, melodus subspecies^a7

Skillet Clubtail^a7

Tri-coloured Bat^a7

Van Brunt’s Jacob’s-ladder

Wood Turtle

A8 – Species with critical habitat identified in Prince Edward Island

^a8Species with critical habitat identified only on federal lands.

Bank Swallow

Chimney Swift

Gulf of St. Lawrence Aster^a8

Little Brown Myotis^a8

Northern Myotis^a8

Piping Plover, melodus subspecies

A9 – Species with critical habitat identified in Nova Scotia

^a9-a Species provincially listed as endangered or threatened wildlife species under the Nova Scotia Endangered Species Act.

^a9-bSpecies with critical habitat identified only on federal lands.

Bank Swallow^a9-a

Bicknell’s Thrush^a9-a

Blanding's Turtle (Nova Scotia population)^a9-a

Boreal Felt Lichen (Atlantic population)^a9-a

Chimney Swift^a9-a

Eastern Baccharis^a9-a

Eastern Mountain Avens^a9-a

Eastern Ribbonsnake (Atlantic population)^a9-a

Eastern Waterfan^a9-a

Little Brown Myotis^a9-a

Northern Myotis^a9-a

Pink Coreopsis^a9-a

Piping Plover, melodus subspecies^a9-a

Plymouth Gentian^a9-a

Roseate Tern^a9-a

Sable Island Sweat Bee^a9-b

Sweet Pepperbush

Tall Beakrush^a9-a

Thread-leaved Sundew^a9-a

Tri-coloured Bat^a9-a

Vole Ears lichen^a9-a

Wood Turtle^a9-a

A10 – Species with critical habitat identified in Newfoundland and Labrador

^a10 Species provincially listed as endangered or threatened under the Newfoundland and Labrador Endangered Species Act.

American Marten (Newfoundland population)^a10

Bank Swallow

Barrens Willow^a10

Caribou (Boreal population)^a10

Fernald’s Braya^a10

Little Brown Myotis^a10

Long’s Braya^a10

Northern Myotis^a10

Piping Plover, melodus subspecies^a10

Porsild’s Bryum^a10

Vole Ears lichen^a10

A11 – Species with critical habitat identified in Yukon

Bank Swallow

Caribou (Boreal population)

A12 – Species with critical habitat identified in the Northwest Territories

^a12-aSpecies territorially listed under the Northwest Territories Species at Risk (NWT) Act.

^a12-bSpecies with critical habitat identified only on federal lands.

Bank Swallow

Caribou (Boreal population)^a12-a

Hairy Braya^a12-a

Little Brown Myotis^a12-a

Peary Caribou^a12-b

Whooping Crane^a12-b

A13 – Species with critical habitat identified in the Nunavut

^a13Species with critical habitat identified only on federal lands.

Ivory Gull

Peary Caribou^a13

Porsild’s Bryum^a13

Red Knot, rufa subspecies (Tierra del Fuego/Patagonia population)