Statement: Government of Canada’s approach to addressing the protection of critical habitat for boreal caribou in Quebec and Ontario

July 21, 2023

Background

Caribou, Boreal population (henceforth: “boreal caribou”) are endemic to Canada’s boreal forest and are distributed across nine provinces and territories (approximately 24% of Canada’s terrestrial landscape). Boreal caribou has been listed as a threatened species under the Species at Risk Act (SARA) since 2003. Estimated at 34,000 individuals in Canada in 2012, populations are declining across much of the species’ distribution, primarily because of habitat loss and degradation due to human land use activities (e.g., forestry, oil and gas, and mining) and the resulting changes in predator-prey dynamics. The species requires large areas of undisturbed boreal forest. Mature boreal forest ecosystems can take decades – and possibly more than 100 years in some areas – to recover from human-caused disturbance.

The Minister of Environment and Climate Change (the Minister) published a Recovery Strategy for the species in 2012, amended in 2020, that set a goal of achieving self-sustaining local populations in each of the 51 boreal caribou ranges (i.e., the geographic area occupied by a group of individuals) across the country. The Recovery Strategy also identified critical habitat for boreal caribou based on multiple components, most notably that the species requires a minimum of 65% of each range to be in an undisturbed condition^{Footnote 1} to provide a reasonable probability (60%) that a local population will be self-sustaining. In recognition of jurisdictional responsibilities for land and natural resource management, the Recovery Strategy recommends that provinces and territories develop range plans to outline a clear, credible path to achieving self-sustaining range conditions by managing and protecting boreal caribou habitat to maintain or reach at least 65% undisturbed habitat in each range.

Protection of boreal caribou critical habitat in Quebec and Ontario

Section 61 of SARA addresses the protection of critical habitat of listed wildlife species on non-federal lands. Under subsection 61(4), the Minister must make a recommendation to the Governor in Council for a protection order if, after consultation with the appropriate provincial or territorial minister, the Minister is of the opinion that any portion of the species’ critical habitat is not protected under provincial or territorial law, or existing provisions or measures under SARA or any other Act of Parliament, including First Nation laws enacted under modern treaties.

To support the Minister’s opinion, Environment and Climate Change Canada (ECCC) undertook protection assessments for Quebec and Ontario to determine whether provincial laws provide effective protection for boreal caribou and its critical habitat on non-federal lands in each province, respectively. The protection assessment for Quebec can be found here. The protection assessment for Ontario can be found here. The Minister considered these assessments when forming his opinion. In January 2023, the Minister formed the opinion that almost all boreal caribou critical habitat located on non-federal lands in Quebec is not effectively protected. In February 2023, the Minister formed the opinion that some portions of boreal caribou critical habitat on non-federal lands in Ontario are also not effectively protected.

Recommendation and decision under section 61 of SARA

As required under subsection 61(4) of SARA, the Minister recommended the making of an order to protect all unprotected portions of boreal caribou critical habitat on non-federal land in Quebec and Ontario.

Having considered:

• ongoing and planned stewardship approaches for boreal caribou in both provinces, undertaken by the provincial governments and/or Indigenous peoples, as well as other partners, as detailed below;
• boreal caribou require the implementation of conservation measures (e.g., habitat restoration) in addition to habitat protection to ensure the species’ continued survival and recovery in Quebec and Ontario;
• current initiatives need time to mature and show results;
• the domestic and international commitments and priorities of the Government of Canada, including to the recovery of species at risk; and,
• the social, economic, policy and other factors, including the broader public interest.
• the Government of Canada has declined the making of an order at this time.

A collaborative stewardship-based approach respects the province’s role in the protection of species at risk and encourages greater collaboration with Quebec and Ontario in implementing ambitious measures for boreal caribou. Further, this approach seeks to support the continued participation of Indigenous nations and organizations, local communities, and stakeholders in caribou recovery.

Collaborative stewardship-based approach to work towards increasing the protection of boreal caribou critical habitat and improving conservation outcomes for the species

The following measures have been taken, continue to be taken, and will be taken to contribute towards the recovery of boreal caribou in Quebec and Ontario:

• The Government of Canada is funding conservation and recovery measures for boreal caribou through programs under the Canada Nature Fund and Natural Climate Solutions Fund, among others, that are being implemented by provincial and territorial governments, Indigenous peoples, and other partners nationally. This includes measures such as habitat restoration, population and habitat monitoring, and activities that could contribute to meeting our international commitments for protecting 30% of our land and water by 2030 under the Kunming-Montreal Global Biodiversity Framework.
• The Government of Canada signed a conservation agreement under sections 10 and 11 of SARA with the Government of Ontario on April 21, 2022 for boreal caribou conservation and recovery. The agreement includes commitments to monitoring and reporting on current and projected future population and habitat conditions and to using evidence-based approaches to manage habitat for self-sustaining local populations. The agreement also includes commitments to annual public reporting and to the participation of independent experts, Indigenous nations and organizations, and stakeholders in the planning and implementation of conservation measures. Details on the agreement can be found on the Species at Risk Public Registry.
• The Government of Canada has committed $20M to support implementation of the conservation agreement with Ontario from 2022-2026 and continues to examine the potential to increase that federal investment. The Government of Ontario announced, in March 2023, an investment of $29.4M to support implementation of the conservation agreement from 2023- 2027, in addition to the $5M to support implementation in 2022-2023. The funding will aid on-the-ground restoration, protection, and other conservation activities, including monitoring, science, and research.
• The governments of Canada and Ontario, in their conservation agreement, committed to collaborate on an expert-led review, refinement and validation of evidence-based approaches to manage for self-sustaining populations and integrate them into boreal caribou conservation frameworks, where appropriate. Currently, the federal recovery strategy identifies that at least 65% undisturbed habitat is needed in each range to support a 60% probability the range will be self-sustaining.
• The governments of Canada and Quebec continue discussions concerning a collaboration agreement for the management, protection and recovery of boreal and Atlantic-Gaspésie caribou and are confident that an agreement between the two governments for the species’ will be reached.
• Quebec agreed, in an August 22, 2022 joint news release, to implement measures to reduce the disturbance rate in each boreal and Gaspésie caribou range to 65 percent undisturbed habitat, based on measurements and timelines adapted to each population. Quebec further indicated that it is willing to use the tools at its disposal to accomplish this, including legally protected wildlife habitats, biological refuges, administrative protection, and the decommissioning of forestry roads.
• The Government of Canada is having productive discussions with Indigenous leaders from Quebec and recognizes the important role that Indigenous peoples play in wildlife conservation, and commits to working with First Nations in the development and implementation of protection and recovery measures.
• A draft version of the Quebec Caribou Strategy is expected to be released in early summer, 2023. Upon release, ECCC will evaluate the strategy to determine how it supports the protection and recovery of the species.

The Minister will be closely monitoring the implementation of each of the measures described in this Statement and any other relevant information. In appropriate circumstances, the Minister could make a new recommendation for a protection order to provide for the protection of boreal caribou critical habitat.

Departmental contacts

For Ontario:

Director, Ontario Region
Canadian Wildlife Service
Environment and Climate Change Canada
4905 Dufferin St
Toronto, Ontario M3H 5T4
Building Downsview

SCF-ON-EspecesPrioritaires-CWS-ON-PrioritySpeciesUnit@ec.gc.ca

For Quebec:

Director, Quebec Region
Canadian Wildlife Service
Environment and Climate Change Canada
801-1550 avenue D'Estimauville
Québec, Quebec G1J 0C3
Building 1550 Estimauville

consultationsscfquebec-cwsquebecconsultations@ec.gc.ca