Frequently Asked Questions - Emergency Order for the Protection of the Western Chorus Frog Great Lakes / St. Lawrence - Canadian Shield Population (Longueuil)

Canada’s natural heritage is an integral part of our national identity and history. Wildlife has value in and of itself and is valued by Canadians for aesthetic, cultural, spiritual, recreational, historical, economic, ecological and scientific reasons. Facilitating the recovery of a given species, like the Western Chorus Frog, contributes to overall biodiversity, the maintenance of which is essential for healthy ecosystems, human health, prosperity, and well-being.

Year-round, within the areas covered by the Emergency Order, it is prohibited to:

1. dig, remove, compact or plow the soil;
2. remove, prune, mow, damage, destroy or introduce any vegetation, such as a tree, shrub or plant;
3. drain or flood the ground;
4. alter surface water in any manner, including by altering its flow rate, its volume or the direction of its flow;
5. install, construct or perform any maintenance work on any infrastructure;
6. use a vehicle, including a vehicle propelled by muscular power, anywhere other than on a road or paved path;
7. install or construct any structure or barrier that impedes the circulation, dispersal or migration of the Western Chorus Frog;
8. deposit, discharge, dump or immerse any material or substance, including snow, gravel, sand, soil, construction material, garbage, greywater or swimming pool water; and
9. use or apply a fertilizer as defined in section 2 of the Fertilizers Act or a pest control product as defined in section 2 of the Pest Control Products Act.

Additionally, activities conducted outside the area where the Emergency Order applies are also prohibited if they contravene the provisions of the Emergency Order. An example would be work performed outside the area covered by the Emergency Order that results in the alteration of surface water, or that drains or floods the ground, within that area. This could include activities such as installing a culvert that results in the draining of lands located within the area covered by the Emergency Order or the release of a large amount of water (e.g pool water) that causes flooding of lands within that area.

Yes. The Emergency Order applies to all land described in the Schedule of the Order, whether privately owned or not (see Figure 1 below).

An emergency order remains in effect until repealed by the Governor in Council, on the recommendation of the Minister that the species is no longer facing threats to its survival or recovery.

The Species at Risk Act (SARA) provides the authority for emergency orders to be made for the protection of a listed species, including the Western Chorus Frog. Subsection 80(1) of SARA enables the federal government, on the recommendation of the Minister, to make an emergency order to provide for the protection of a wildlife species listed on Schedule 1 of SARA. Under subsection 80(2), the Minister is required to make such a recommendation if he is of the opinion that a species faces threats to its survival or recovery.

The prohibitions do not apply to a person who is engaging in activities related to public safety or health that are authorized under provincial law.

The Emergency Order prohibits any new construction, on land specified in the annex of the Emergency Order, even if it has already been authorized by the province or the municipality. The Emergency Order also prohibits any form of maintenance of infrastructure such as buildings, fences or paths and the removing, pruning, damaging, destroying or introducing of any vegetation on land specified in the annex of the Emergency Order. If you are unsure if your planned activity is prohibited, please contact your regional Environment and Climate Change Canada (ECCC) office. To learn more about this topic, please consult the Guidelines for permitting under Section 73 of Species at Risk Act. To apply electronically, visit the SARA E-permitting System.

In the entire area covered by the Emergency Order, it is prohibited to drive a motor vehicle (including ATVs and snowmobiles) anywhere but on roads and paved paths.

Yes. You are still the owner of your land, and you can sell it.

Environment and Climate Change Canada (ECCC) provides various forms of financial assistance for taking action to help conserve the species. For example, you can get information about the Habitat Stewardship Program for Species at Risk at: ec.pih-hsp.ec@canada.ca

Since most of the funds go to conservation organizations, you can also contact those in your area to find out if they are taking part in such activities and to offer your assistance. For general information on ECCC or the Canadian Wildlife Service, please call 1-800-668-6767 or write to: Enviroinfo@ec.gc.ca

The Western Chorus Frog is a small amphibian that measures approximately 2.5 cm as an adult. It varies in colour from brown to olive gray and can be recognized by the three dark, sometimes broken, stripes on its back. A white stripe runs along the upper lip, and a dark stripe runs from the snout to the groin. In the spring, during the breeding period, which can extend from early March to mid-May, the Western Chorus Frog can be distinguished primarily by the male’s call, which is similar to the sound made by a fingernail running along the teeth of a comb. At other times, the species goes unnoticed.

In Canada, the Western Chorus Frog occurs in southern Ontario and in the Montérégie and Outaouais regions of Quebec. The species is divided into two populations. The Carolinian population, which is located in southwestern Ontario, is not at risk. The Great Lakes / St. Lawrence – Canadian Shield population comprises individuals from the other regions of Ontario and from Quebec. In 2010, this second population was listed as threatened on the List of Wildlife Species at Risk (Schedule 1 of the Species at Risk Act).

The Western Chorus Frog occurs primarily in terrestrial habitats, such as woodlands, fallow lands, meadows and pastures, although it prefers shallow temporary ponds for breeding. The tadpoles develop in these ponds for close to two months. When they are developed enough to leave the water, juveniles move towards the surrounding terrestrial environment. The Western Chorus Frog avoids permanent ponds that have high densities of predators, such as larger amphibians and fish. In the winter, the species hibernates on land, under rocks, logs or leaf litter, in burrows, or buried in the soil.

Western Chorus Frogs rarely stray far from their breeding ponds. Each wetland and the surrounding terrestrial area therefore delineates a local population. However, individuals will sometimes leave the area and colonize new habitats nearby. The presence of areas favourable to movements of the Western Chorus Frog between local populations and other appropriate habitats is therefore critical to the survival and recovery of the species.

A metapopulation is a group of local populations between which individuals move. These movements ensure the genetic diversity of the local populations. When movement habitat between ponds is destroyed, isolated local populations may remain, but they are at higher risk of disappearing.

The Species at Risk Act (SARA) provides for penalties for contraventions to the Act under Section 97 (Offences and Punishment), including fines or imprisonment, seizure and forfeiture of things seized or of the proceeds of their disposition. SARA also provides for inspections and search and seizure operations by enforcement officers designated under SARA.

Any contravention of a prohibition set out in an emergency order is an offence under the Species at Risk Act. A person who is convicted of an indictable offence is liable to a fine of up to $250,000 and/or imprisonment for up to five years or to both. On summary conviction, the person would be liable to a lower fine of up to $50,000 and imprisonment for up to one year or to both. Any corporation, other than a non-profit corporation that contravenes a provision of the Emergency Order is liable to a fine of up to $1,000,000 if found guilty of an indictable offence or a fine of $300,000 if convicted of an offence punishable on summary conviction. Any non-profit corporation that contravenes a provision of the Emergency Order is liable to a fine of up to $250,000 if found guilty of an indictable offence or a fine of $50,000 if convicted of an offence punishable on summary conviction. If Environment and Climate Change Canada enforcement officers can show that an offence has taken place, they have a legal obligation to enforce the law and use their discretionary power to choose the most appropriate response, which may range from a warning to legal prosecution.

Enforcing Canadian environmental and wildlife laws is an important way the federal government is taking action to protect wildlife and nature. People who have information about wildlife and environmental crime (including poaching, smuggling, and trafficking of animals and plants) can submit a tip anonymously to the Canadian Crime Stoppers Association’s website or calling 1-800-222-TIPS (8477), or in the province of Québec 1-800-711-1800.

For urgent requests, please contact the National Environmental Emergencies Centre (NEEC): 1-866-283-2333

Please consult the Species at Risk Public Registry for documents related to the administration of SARA.

More information on the Emergency Order for the Protection of the Western Chorus Frog - Great Lakes / St. Lawrence - Canadian Shield Population (Longueuil) can be obtained by consulting the Emergency Order Summary or by visiting the “Regulations made under this Act” section of the Species at Risk Act.

For more information, publications, questions or comments concerning Species at Risk programs and activities, please contact the following:

Environment and Climate Change Canada
Public Inquiries Centre
7^th floor, Fontaine Building
200, Sacré-Coeur Boulevard
Gatineau QC K1A 0H3
Tel: (819) 938-3860
Tel (in Canada only): (800) 668-6767
E-mail: Enviroinfo@ec.gc.ca

Please consult the Species at Risk Public Registry for documents related to the administration of SARA.

More information on the Emergency Order for the Protection of the Western Chorus Frog - Great Lakes / St. Lawrence - Canadian Shield Population (Longueuil) can be obtained by consulting the Emergency Order Summary or by visiting the “Regulations made under this Act” section of the Species at Risk Act.