Order summary: Order amending Schedule 1 to the Species at Risk Act – Monarch and Western Bumble Bees (occidentalis and mckayi subspecies)

Information note

This Order Summary is intended to provide general guidance on the Order Amending Schedule 1 to the Species at Risk Act (the Order). The objective of the Order is to support the survival and recovery of the Western Bumble Bee occidentalis subspecies, the Western Bumble Bee mckayi subspecies, and the Monarch through legal protection of the species on federal land.

The Order was made under section 27 of the Species at Risk Act (SARA) and came into force on December 8, 2023. The Order Summary is not a substitute for SARA or its regulations. In the event of any inconsistency between this Order Summary and SARA, the Act prevails. SARA can be found on the Justice Laws Website.

Species status and prohibitions

The Order adds the Western Bumble Bee occidentalis subspecies as threatened, the Western Bumble Bee mckayi subspecies as special concern, and reclassifies the Monarch from special concern to endangered on Schedule 1 of SARA (the List of Wildlife Species at Risk).

For Monarch and Western Bumble Bee occidentalis subspecies, the Order:

• Triggers legal protection for these species on federal lands^{Footnote 1} in Canada given their status as endangered and threatened wildlife species, where it is automatically prohibited to:
  • kill, harm, harass, capture or take an individual
  • possess, collect, buy, sell or trade an individual or any part or derivative of such; and
  • damage or destroy their residence
• Establishes the requirement for the Government of Canada to prepare recovery strategies^{Footnote 2} and action plans. These documents guide their conservation, determine the feasibility of recovery, describe the species, their needs, the threats they are facing, identify critical habitat (the habitat necessary for the survival or recovery of a listed wildlife species) and the work that can be done to conserve the species
• Establishes the requirement for the Government of Canada to consult with appropriate provincial or territorial governments, other federal ministers or competent ministers, wildlife management boards, and First Nation Bands, among others, for any future protections required

For the Western Bumble Bee mckayi subspecies, the Order:

• Establishes the requirement for the Government of Canada to develop a management plan^{Footnote 3}
• Does not, however, trigger the legal protection of the species on federal lands. As a species of special concern, it is not subject to the section 32 and 33 prohibitions under SARA

Species descriptions and rationale for inclusion in the Order

Western Bumble Bees

The Western Bumble Bee mckayi subspecies (Bombus occidentalis mckayi) can be found from central-northern British Columbia up to southern Yukon and western Northwest Territories. The species prefers to nest underground within abandoned burrows or within hollows in decaying wood. The addition of this subspecies to Schedule 1 as a species of special concern is based on the serious and apparent northward-moving decline of the occidentalis subspecies, and because the causes of this decline are uncertain, this could also be affecting the mckayi subspecies.

The Western Bumble Bee occidentalis subspecies (Bombus occidentalis occidentalis) is found in British Columbia, south of the 55–57^o N latitude, as well as in the southern parts of Alberta and Saskatchewan. It can be found in mixed woodlands, farmlands, urban areas, montane meadows, and prairie grasslands. This subspecies has experienced a significant (>30%) decline from sites where it was once abundant and it has one of the highest numbers of parasites of any bumble bee in North America.

Both subspecies are threatened by some pesticide use, habitat change, and disease transmission from exotic bumble bee species. Additionally, the occidentalis subspecies is threatened by intensive residential and commercial development in the lower mainland, lower Fraser Valley and greater Victoria area in British Columbia, as well as in Calgary and its surrounding area in Alberta. Habitat loss from agriculture intensification is also a threat that is specific to the occidentalis subspecies.

Monarch

The Monarch (Danaus plexippus) is a large migratory butterfly. Its Canadian range of occurrence includes portions of nine provinces from British Columbia to Nova Scotia. Eastern Monarchs breed from Alberta to eastern Nova Scotia and migrate south to overwinter in the mountains of Central Mexico. Western Monarchs breed in southern British Columbia and migrate south to overwinter in coastal California.

Milkweed species serve as host plants of the Monarch, which depends entirely on these plants for reproduction. Monarch eggs, caterpillars, or chrysalis can be found on this plant when the species is present in Canada (from June to October for most of Canada and from mid-May to August in southern Ontario).

Within Canada, threats to the Monarch include a decline in nectar supplies along the migratory route, and pesticide use, including increased use of herbicides affecting milkweed (which Monarchs rely on to survive). The species is reclassified as endangered after declining by more than 50% over 2006 and 2016, based on measurements taken in California and Mexico, where the Monarch spends winter.

Applying for a permit under SARA

If you plan to undertake activities on the federal land to which the Order applies, and those activities could affect the Monarch or Western Bumble Bee occidentalis subspecies or their residences, then you will need to apply to Environment and Climate Change Canada for an agreement or permit under section 73 of SARA.

An agreement may be entered into, or a permit may be issued, only if:

• the activity is scientific research relating to the conservation of the species and conducted by qualified persons
• the activity benefits the species or is required to enhance its chance of survival in the wild; or
• affecting the species is incidental to the carrying out of the activity

The following pre-conditions must be met:

• all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted
• all feasible measures will be taken to minimize the impact of the activity on the species or its residences of its individuals; and
• the activity will not jeopardize the survival or recovery of the species

To apply for a permit, or to obtain further information related to permits, please refer to the Species at Risk Permit System.

Offences and punishment 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, other than a non-profit corporation found guilty of an indictable offence, could found liable to a maximum fine of $1,000,000.

For more information

More information on the Order Amending Schedule 1 of the Species at Risk Act for the Monarch and Western Bumble Bees, including consultation results and socio-economic impacts of the Order, can be found by visiting the Canada Gazette and reading the Regulatory Impact Analysis Statement.

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

Environment and Climate Change Canada
Public Inquiries Centre
12th floor, Fontaine Building
200 Sacré-Coeur Boulevard
Gatineau QC K1A 0H3

Tel: (800) 668-6767
E-mail: Enviroinfo@ec.gc.ca