Species at Risk Act annual report for 2018: chapter 8

8. Consultation and governance

8.1 Engagement on Species at Risk Act (SARA) policies

ECCC published a suite of draft policies on SARA for public consultation, which ended on March 31, 2017. Following the public consultation period, engagement continued with groups such as the Species at Risk Advisory Committee (SARAC), First Nations Advisory Committee on Species at Risk (FNACSAR), various Indigenous groups and organizations, provinces and territories, and other interested parties. ECCC continues to consult with stakeholders on multiple policies, including:

• Policy on Critical Habitat Protection on Non-federal Lands
• Policy on Protecting Critical Habitat with Conservation Agreements under Section 11 of the Species at Risk Act
• Policy on Survival and Recovery
• Species at Risk Act Permitting Policy
• Policy Regarding the Identification of Anthropogenic Structures as Critical Habitat under the Federal Species at Risk Act
• Approach to the Identification of Critical Habitat under the Species at Risk Act when Habitat Loss and Degradation is not Believed to be a Significant Threat to the Survival or Recovery of the Species

ECCC received comments from over 115 representatives from provincial and territorial governments, non-governmental organizations, industry, Indigenous groups, and the public. Internal work is ongoing in order to finalize the policies.

8.2 Species at Risk Advisory Committee

The Species at Risk Advisory Committee (SARAC) is a multi-stakeholder advisory body established under section 9(1) of SARA. The Committee advises the Minister on the administration of the Act, but also engages with ECCC, DFO and PCA to offer advice. SARAC promotes and encourages the effective stewardship of Canada's biological diversity and provides advice on federal programs and activities related to species at risk, to achieve the purposes of SARA.

In 2016, the Minister appointed 28 members to the Committee from a balanced representation of non-governmental organizations from industry, business, academia, agriculture and environment, and also included Indigenous partners from the Assembly of First Nations, Métis National Council and Inuit Tapiriit Kanatami, in the absence of a current National Aboriginal Council on Species at Risk.

SARAC met in Ottawa on May 30 and 31, 2018, to ensure alignment of their focus with federal partners on various current issues, including transformation to a multi-species, ecosystems-based approach to managing species at risk in Canada. Following that face-to-face meeting, SARAC and federal partners decided that the Committee had the opportunity to improve efficiencies and align their efforts with current federal priorities. Moving forward, the SARAC will be broken down into the following working groups (adjusted since their initial April 2016 priority working groups):

• Working group on places, species, sectors and threats
• Working group on the knowledge plan
• Working group on imminent threats
• Working group on survival and recovery policy
• Working group on conservation agreements
• Working group on Indigenous rights and species protection

During their May 2018 meeting, SARAC invited Dr. Tara Martin, Professor at the University of British Columbia to share her experience and research on prioritizing timely recovery action of endangered species that considers combining ecological data with socio-economic data to inform conservation decisions. Following this and other presentations from federal partners, SARAC held an open forum/plenary session with Parliamentary Secretary Jonathan Wilkinson (ECCC), offering the Committee the opportunity to exchange their perspectives with him on the recovery of species at risk in Canada, and discuss their respective experiences and views to date on the implementation of Act in the face of the transformation initiative (Pan-Canadian Approach to Transforming SAR Conservation in Canada). SARAC explored opportunities for working with partners that consider the shift to a multi-species, ecosystems-based approach, opportunities to re-engineer SAR programs focusing on a balance of fiscal planning and scoping; and how this Committee and the federal government can continue to find innovative solutions to recover species at risk. The Parliamentary Secretary stated his appreciation for the ideas and exchanges, and the need to continue a dialogue that offers progressive momentum and innovative approaches to recovery, noting the Act should not be the only tool used to improve species at risk outcomes, and that a cooperative approach between federal partners and committees will be a key component for progress.

Since May 2018, the SARAC working groups have each held multiple meetings, the results of which continue to be shared with the Department for consideration, sometimes through official recommendations and other times through continued progress at the working group level. The working group discussions offer additional perspectives to consider focus on incentive-based conservation agreements as effective stewardship tools; supporting policy/operational guidance for species survival and recovery, as well as imminent threat in an efficient, consistent, transparent and pan-departmental approach, consider opportunities to enhance existing platforms, data standards, and data sharing; explore ecosystem shifts in consideration of competition between ecological needs and economic feasibility; promote successful outcomes where action under SARA could impact Indigenous and treaty rights; and develop a plan to address all of the cross-cutting considerations, priorities and themes between different groups. The working groups continue to explore ways to improve the status of species at risk in Canada through improved SARA implementation.

In 2018, SARAC shared their recommendations via two letters to the Department, one to the Minister in May 2018, and another to the Parliamentary Secretary in September 2018, exploring among other things incentivizing the increased use of stewardship tools under sections 10 through 13 of SARA (e.g. conservation agreements), prioritizing spending on effective recovery measures with key partners in key places, including at the provincial/municipal level; accounting for the full value of protecting species at risk in Canada (e.g. socio-economic ad full-cost accounting); and improving access to species at risk data including traditional knowledge.

8.3 Indigenous groups and SARA

Provisions in SARA recognize that the role of Indigenous peoples in the conservation of wildlife is essential and that Indigenous peoples possess unique traditional knowledge concerning wildlife species. The National Aboriginal Council on Species at Risk (NACOSAR), composed of 6 representatives of Indigenous peoples of Canada, appointed by the Minister, was created under section 8.1 of SARA to advise the Minister on the administration of the Act and to provide advice and recommendations to the Canadian Endangered Species Conservation Council (CESCC).

Since the Council’s re-establishment, they successfully engaged in a November 20-22, 2018 face-to-face meeting whereby, they began to develop a work plan to inform their priorities, and build on the recommendations provided by the previous Council in April 2016.

In 2018, NACOSAR progressed in initiating effective synergies with other SAR committees, including an invitation from SARAC encouraging collaboration, and confirmation from the COSEWIC’s shared desire to re-establishing the engagement that existed historically with the Council. This collaboration with existing committees is expected to facilitate a clearer understanding of roles, and to strengthen efficiencies to achieve shared priorities and make impactful and strategic recommendations. Moving forward, NACOSAR has begun a detailed work plan to tackle the Council’s immediate priority focuses; namely through exploring mechanisms that encourage Indigenous participation in recovery of species at risk (e.g. via development of a functional socio-economic analysis model that considers full cost accounting, inclusive of cultural, ceremonial value); promoting opportunities for engagement on the ground, and collaborating with other SAR-related bodies for improved outcomes for Indigenous peoples (e.g. COSEWIC Aboriginal Traditional Knowledge sub-committee to ensure dialogue on knowledge sharing and assessment process).

In 2017, ECCC co-developed with the Assembly of First Nations (AFN) a new committee known as the First Nations Advisory Committee on Species at Risk (FNACSAR) under section 9 of theAct to engage First Nations in finding solutions to implementing the Species at Risk Act on federal reserve lands and other issues affecting First Nations peoples in Canada.

In 2018, FNACSAR met four times; January 24-25 in Ottawa, Ontario, March 21-22 in Dartmouth Nova Scotia, June 14-15 in Ottawa, and finally October 22-23 in Ottawa. In these meetings, FNACSAR considered departmental priorities as they aligned their work plan to address First Nations-specific SAR issues, considering how to take the national approach to a community-level. In their meetings over the course of the year, FNACSAR established three working groups to advance their goal of ensuring First Nations interests are addressed in their work plan, which considers priorities and concerns recognized and reflected by key SARA bodies. Those working groups are:

• Working group on socio-economic analysis
• Working group on caribou
• Working group on conservation agreements

FNACSAR also discussed the Committee’s opportunity to capitalize on the Canada Nature Legacy, identifying ways in which FNACSAR can improve communications on First Nations’ engagement, highlighting funding opportunities on the ground for First Nations communities, contributions to policy development that consider First Nation perspectives, and their roles in the transformation initiative that explores the multi-species, ecosystems-based approach to SAR management in Canada.

In 2018, ECCC met with Indigenous organizations to discuss stewardship and expressed mutual interest in collaborating on species at risk conservation on federal reserve lands. Future collaboration could include focus on engagement capacity, strengthening the SARA consultation process, and further developing collaborative mechanisms for species at risk conservation on reserve lands.

8.4 Bilateral administrative agreements

The federal government has bilateral administrative agreements on species at risk with individual provinces and territories. The agreements set out shared objectives, as well as commitments for how governments will cooperate on species at risk initiatives. Agreements are in place with the governments of Quebec and Ontario. Agreements with the government of British Columbia and Saskatchewan are in the process of being renewed. Discussions are underway to renew a Memorandum of Understanding (MOU) between the federal government and the Nunavut Wildlife Management Board that covers the listing process for species at risk in Nunavut.

8.5 The National General Status Working Group

The National General Status Working Group (NGSWG) is composed of representatives from each province and territory, and the federal government. Members of the working group are responsible for completing the general status assessments of species in their jurisdictions, which the group then uses to produce the Wild Species – The General Status of Species in Canada reports required under section 128 of SARA. The working group is under a five-year schedule. In 2018 the working group issued several contracts which are ongoing. In the current schedule cycle the working group is assessing 46 taxonomic groups. ECCC is co-chair and coordinator of the NGSWG, and the other co-chair in 2018 was the Government of Northwest Territories.

8.6 Species at Risk Public Registry

The online Species at Risk Public Registry fulfills the requirement under SARA for the Minister to establish a public registry to facilitate access to SARA-related documents. The Registry is an important tool for engaging and informing Canadians on species at risk issues. In addition to providing access to documents and information related to SARA, it provides a forum for Canadians to submit comments on SARA-related documents being developed by the Government of Canada.

Section 123 of SARA identifies documents that must be published on the Registry, including:

• regulations and orders made under the Act
• agreements entered into under section 10 of the Act
• COSEWIC’s criteria for the classification of wildlife species
• status reports on wildlife species that COSEWIC has prepared or has received with an application
• the List of Wildlife Species at Risk
• codes of practice, national standards or guidelines established under the Act
• agreements and reports filed under section 111 or subsection 113(2) of the Act, or notices that these have been filed in court and are available to the public
• all reports made under sections 126 and 128 of the Act

Other documents prepared in response to the requirements of SARA include recovery strategies, action plans, management plans and reports on the progress of recovery strategy implementation.

In 2018, 520 documents were published on the registry. These documents include SARA and COSEWIC annual reports, consultation documents, COSEWIC status reports and status appraisal summaries, ministerial response statements, permit explanations and recovery documents. In addition, Canada and Saskatchewan released a proposed agreement to undertake conservation measures towards achieving short, medium, and long-term population and habitat objectives for the Woodland Caribou (Boreal population) in Saskatchewan.