Order summary: Critical Habitat of the Woodland Caribou (Rangifer tarandus caribou), Boreal Population Order

The objective of the Critical Habitat of the Woodland Caribou (Rangifer tarandus caribou), Boreal Population Order (the Order) is to support the survival and recovery of the Boreal Population of Woodland Caribou, commonly known as boreal caribou, through the legal protection of its critical habitat on federal land. Boreal caribou are distributed across Canada, occurring in seven provinces and two territories, and extending from the northeast corner of Yukon east to Labrador, and south to Lake Superior in Ontario.

The Order was made under section 58 of the Species at Risk Act (SARA). It came into force on June 7, 2019, and applies to all federal lands^{Footnote 1} located within boreal caribou critical habit, as identified in the Amended Recovery Strategy for the Woodland Caribou, Boreal Population (Rangifer tarandus caribou) in Canada.

The Order applies to the portions of critical habitat found on over 300 federally administered lands with a combined area of approximately 14 500 km². A map of the boreal caribou critical habitat area, including federally owned lands larger than 1 km² located within that area, is provided in Figure 1 below.

Figure 1: Map of federal properties larger than 1km² that are located within the area containing boreal caribou critical habitat

Prohibitions and scope of the Order

The Order applies the prohibition against the destruction of critical habitat set out in subsection 58(1) of SARA to the critical habitat of the boreal caribou on federal land. Destruction would result if part of the critical habitat were degraded, either permanently or temporarily, such that it would not serve its function when needed by the boreal caribou. Activities that are likely to result in the destruction of critical habitat, include, but are not limited to, the following:

• any activity resulting in the direct loss of boreal caribou critical habitat. Examples of such activities include: conversion of habitat to agriculture, forestry cut blocks, mines, and industrial and infrastructure development
• any activity resulting in the degradation of critical habitat leading to a reduced, but not total loss of both habitat quality and availability for boreal caribou. Examples of such activities include: pollution, drainage of an area, and flooding
• any activity resulting in the fragmentation of habitat by human-made linear features. Examples of such activities include: road development, seismic lines, pipelines, and hydroelectric corridors

There are 11 federal government organizations that administer properties that overlap with areas that contain critical habitat for the boreal caribou and that are subject to the Order:

• Environment and Climate Change Canada
• Transport Canada
• Department of National Defence
• Crown-Indigenous Relations and Northern Affairs Canada
• Natural Resources Canada
• Atomic Energy Canada Limited
• Fisheries and Oceans Canada
• Royal Canadian Mounted Police
• Public Services and Procurement Canada
• Freshwater Fish Marketing Corporation
• Correctional Service Canada

The environment and its ecosystems are dynamic. It is the responsibility of federal land managers to verify whether critical habitat, which includes or has the potential to possess the biophysical attributes required by boreal caribou to carry out life processes, is present on a federally-administered property.

Boreal Caribou description

Like all Woodland Caribou, boreal caribou are a medium-sized member of the deer family, 1.0-1.2 m in shoulder height and weighing 110-210 kg. Adults have a dark brown coat with a creamy white neck, mane, shoulder stripe, underbelly, underside of the tail, and patch above each crescent-shaped hoof, which assists with foraging and flotation. Both male and female boreal caribou have flattened, compact, and relatively dense antlers during part of the year, although some females may have only one antler or no antlers at all.

Boreal caribou require large range areas comprised of continuous tracts of undisturbed habitat. In general, boreal caribou prefer habitat consisting of mature to old-growth coniferous forest with abundant lichens, or muskegs and peat lands intermixed with upland or hilly areas. The most common tree species in preferred habitats are Black Spruce, Jack Pine, and Tamarack. Boreal caribou have specific habitat requirements during calving and post-calving periods. To calve, pregnant cows travel to isolated, relatively predator-free areas where nutritious forage is available, such as islands in lakes, peat lands or muskegs, lakeshores and forests.

The main threats to boreal caribou are habitat alteration (loss, degradation or fragmentation), predation, and, in some parts of the country, hunting.

Status of species under SARA

The boreal caribou was listed as “Threatened” when SARA came into force in 2003. As the species is listed on Schedule 1 of SARA, when it is on federal lands in the provinces, or on lands under the authority of the Minister of the Environment or the Parks Canada Agency in the territories, it is protected by the general prohibitions in section 32. Therefore, on these lands it is prohibited to:

• kill, harm, harass, capture or take an individual boreal caribou; and
• possess, collect, buy, sell or trade an individual boreal caribou or any part or derivative of such

The Amended Recovery Strategy for the Woodland Caribou, Boreal Population (Rangifer tarandus caribou) in Canada, last amended in December 2020, identifies the critical habitat necessary to achieve the recovery goal of self-sustaining local populations in all boreal caribou ranges throughout their current distribution in Canada, to the extent possible. The boreal caribou critical habitat is identified as:

• the area within the boundary of each boreal caribou range that provides an overall ecological condition that will allow for an ongoing recruitment and retirement cycle of habitat, which maintains a perpetual state of a minimum of 65% of the area as undisturbed habitat in all ranges other than the Boreal Shield range (SK1), and a minimum of 40% undisturbed habitat in SK1; and
• biophysical attributes required by boreal caribou to carry out life processes (e.g. calving sites, wintering areas, rutting or travelling habitat)

Applying for an agreement or a permit under SARA

If you plan to undertake an activity on federal lands to which the Order applies, and this activity has the potential to affect the boreal caribou (individuals) or destroy any part of its critical habitat, then you will need to apply to Environment and Climate Change Canada for an agreement or a permit under section 73 of SARA. An agreement may be entered into or a permit may be issued only if the proposed activity meets one of three purposes:

1. the activity is scientific research relating to the conservation of the species and conducted by qualified persons
2. the activity will benefit the species or is required to enhance its chance of survival in the wild; or
3. affecting the species is incidental to the carrying out of the activity

In addition, an activity that meets one of the three purposes may only be permitted if they meet the following pre-conditions:

1. all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted
2. all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat; and
3. the activity will not jeopardize the survival or recovery of the species

A single project/activity may or may not result in the destruction of critical habitat; however, when considered in the context of all current and future development activities within and among ranges, the cumulative impacts may result in the destruction of critical habitat. All permit decisions will take into consideration the range and the cumulative impacts.

Permit decisions will also take into consideration that the likelihood that critical habitat will be destroyed is increased if any one of the activities, or combination thereof, were to occur in such a manner, place and time, that after appropriate mitigation techniques any one of the following were to occur:

• compromise the ability of a range to be maintained at: 65% undisturbed habitat (for all local population ranges other than SK1), or 40% undisturbed habitat (for SK1)
• compromise the ability of a range to be restored to 65% undisturbed habitat (for all local population ranges other than SK1), or increase total anthropogenic disturbance within the range above 5% (while maintaining a minimum of 40% undisturbed habitat) (for SK1)
• reduce connectivity within a range
• increase predator and/or alternate prey access to undisturbed areas; and/or
• remove or alter biophysical attributes necessary for boreal caribou

To apply for an agreement or a permit, please refer to the Species at Risk Permit System.

Penalties under SARA

Enforcement officers designated under SARA may conduct inspections, investigations and search and seizure operations to verify compliance with the law. In the event of a contravention of the Act, SARA provides for penalties, including liability for costs, fines or imprisonment or both, alternative measures agreements, seizure and forfeiture of things seized or of the proceeds of their disposition. For example, under the penalty provision of the Act, a corporation found guilty of an indictable offence could be sentenced to jail time and/or found liable to a maximum fine of $1,000,000.

For more information

Boreal caribou information and recovery documents are available on the Boreal Caribou Species Profile Page, and on the Species at Risk Public Registry. For more details on SARA and how it may apply to you, visit the Species at Risk Education Centre.

Appendix

While there are over 300 properties covered under this Order, the following table provides an overview of the federally-administered lands larger than 1 km² that are subject to the Critical Habitat of the Woodland Caribou (Rangifer tarandus caribou) Boreal Population Order.