Species at Risk Act annual report for 2019: chapter 6
6. Enforcement
ECCC, Parks Canada and DFO work jointly and in partnership with Indigenous, provincial, territorial and international authorities to protect SARA-listed species and their critical habitat.
ECCC enforcement officers are responsible for ensuring compliance with SARA, as well as related conservation statutes: the Migratory Birds Convention Act, 1994 (MBCA), the Canada Wildlife Act (CWA), the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) and the provisions of the Antarctic Environmental Protection Act concerning wildlife. In general, these laws aim to protect species at risk, migratory birds, and terrestrial species on federal lands. Throughout Canada, ECCC enforcement officers enforce the prohibitions, emergency protection orders and permit conditions found in these Acts.
100th Anniversary of Wildlife Law Enforcement
This year marked the 100-year anniversary of wildlife law enforcement for ECCC. One century ago in 1919, Robie Tufts of Nova Scotia became Canada's first Chief Federal Migratory Birds Officer under the Migratory Birds Convention Act enacted in 1917. With relentless vigour and legal backing from new migratory bird legislation, his first 13 years of work resulted in 679 charges and convictions. Tufts also focused on providing education about migratory bird conservation. Over the past century, wildlife law enforcement has evolved under various departments, including the Royal Canadian Mounted Police. Today, ECCC’s enforcement officers share the same passion for conservation and protection, as did their predecessors.
In 2019, ECCC focused on two enforcement priorities:
- Canadian species at high risk for conservation loss and for non-compliance, such as illegal hunting or trade; and
- habitats or protected areas at high risk for conservation loss and for non-compliance, such as destroying nests or polluting land.
ECCC operated with 82 frontline Wildlife Enforcement Officers and 12 intelligence staff to ensure compliance with SARA and related conservation statutes.
ECCC enforcement officers patrol 146 protected areas (National Wildlife Areas, Migratory Bird Sanctuaries) and other lands to ensure compliance with SARA. The protection of these habitats, which include critical habitat identified in SARA recovery strategies, is important for the conservation, recovery and survival of species.
Informed by the Pan-Canadian Approach to Transforming Species at Risk Conservation in Canada, enforcement focused on non-compliance of MBCA, CWA and SARA priority areas. Enforcement efforts pertain to SARA species listed as endangered or threatened and for which critical habitat is identified. Prohibitions against the destruction of particular critical habitat are applied through protection orders (e.g., Woodland Caribou - Boreal population, Piping Plover). Enforcement also verified compliance with Emergency Orders to protect listed wildlife species on both federal and non-federal lands (i.e., Western Chorus Frog, Sage Grouse).
ECCC conducted 164 inspections under SARA in 2019. About 87% of the inspections concerned Canadian species at high risk for conservation loss or at high risk for non-compliance and 13% were related to habitats or protected areas at high risk for conservation loss or at high risk for non-compliance. Inspections focused on enforcing the emergency protection order which came into force in July 2016 for the protection of the Western Chorus Frog in Quebec (Great Lakes/St. Lawrence – Canadian Shield population). Inspections also focused on Sage Grouse, Bank Swallow, American Ginseng, as well as Piping Plovers and their critical habitat.
As a result of these inspections, 29 alleged violations of SARA were recorded. Several warnings were issued to address non-compliance due to nest destruction of Bank Swallow, as well as Compliance Orders issued under the MBCA to prevent or stop damage. In 2019, fifteen new investigation files were opened. Half of these investigations involved Bank Swallow allegations and the remaining portion were related to Western Chorus Frog, Piping Plover, and Boreal Caribou protection orders. There were two new prosecutions and no court convictions from previous years’ incidents by ECCC under SARA in 2019.
While this report speaks to actions taken under SARA, ECCC relies on other laws to protect species at risk before the prohibitions in SARA apply. This involves proactive activities under other legislation but focused on species of special concern, which are not subject to SARA prohibitions. For example, undertaking patrols to verify compliance and provide deterrence and crime prevention in protected areas (i.e. Long Point NWA, Cap-Tourmente NWA) and critical habitats where several SARA species are found, and inspecting and clearing regulated goods at border ports for Canadian SARA protected species found in trade (i.e. wild American Ginseng, Polar Bear). So, while this report captures the enforcement activities directly under SARA, it is not necessarily indicative of all work undertaken to protect species at risk.
Response to Concerns of Bank Swallow Nest Disturbance
In June 2019, an ECCC Officer in the Vancouver, BC office received a public complaint of possible nest destruction of Bank Swallows at a gravel sand pile in Kelowna, BC. Bank Swallows are a migratory insectivorous bird listed under the Migratory Bird Convention Act, 1994 (MBCA) as well as listed as a threatened species under SARA.
ECCC officers conducted an onsite inspection to verify compliance with SARA and MBCA at the company’s location in Kelowna. Accompanied by a biologist, the enforcement officers met with the owner of the company. The officers observed over 150 active nests (residences) in the gravel sand pile as well as Bank Swallows entering and exiting their residences. Officers also observed bulldozing and excavation of sand and gravel which may have led to destruction, harassment, harm and disturbance of Bank Swallows.
Since the activity was ongoing, the lead ECCC officer issued a Compliance Order under the MBCA to the owner of the company directing him to stop any activities within the 25 metre radius of the sand pile that would destroy, disturb, harm, or harass Bank Swallow burrows and colonies, including blocking the road access to the top of the sand pile and putting up clearly visible signage of no entry or access to the sand pile. A written Compliance Order followed shortly afterward. In addition, a written warning was issued to the owner for non-compliance with subsection 32(1) and section 33 of SARA and subsection 6(a) of the MBCA.
DFO’s enforcement actions for species at risk are carried out by fishery officers who have been trained and designated as enforcement officers under SARA. They incorporate SARA enforcement activities alongside their duties under the Fisheries Act and other federal statutes and regulations. The Nature Legacy Initiative has enabled DFO’s Conservation & Protection (C&P) program to increase its capacity to verify compliance with, and enforce SARA in freshwater ecosystems from Ontario to British Columbia.
In 2019, DFO’s fishery officers dedicated almost 24,000 hours to patrols, inspections, investigations, court cases, public relations and other duties related to enforcing the prohibitions of SARA. This was an increase of 4000 hours from the year before. Fishery officers also initiated over 129 investigations and spent over 2700 hours on investigative work related to species at risk. The Department recorded a total of 67 SARA violations involving species at risk that resulted in fines, seizures, charges and warnings.
Western Chorus Frog Emergency Protection Order Prosecution
In enforcing the Emergency Protection Order for Western Chorus Frog in La Prairie, Québec, ECCC officers observed that a residential building was under construction nearby. A fence, which served as an established boundary to delineate the critical habitat, was partially dismantled to allow a backhoe to pass through the legally protected zone. The grass and habitat were crushed by two industrial trucks and rock had been deposited in the protected area’s disturbance zone. The Order prohibits activity that might threaten the Western Chorus Frog within the established protected area’s boundaries. As a result of the patrols and a subsequent general inspection, officers obtained the necessary evidence using GPS coordinates, photo(s) and confirmation from an ECCC biologist to conduct an investigation. The investigation culminated in a summary charge and guilty plea with a penalty of $2000 imposed.
In Ontario, 31 SARA permits were issued by DFO for conducting work in areas where listed species may be found. Inspections of 19 of these permits by fishery officers resulted in the identification of four violations related to specific licence conditions. As a result, four warnings were issued and all parties involved in the permitted work now have a clear understanding of the importance of following all conditions of licensing within a SARA permit.
DFO continued its extensive aerial and vessel surveillance searching for whales and patrolling fisheries closures specific to North Atlantic Right Whale (NARW) mitigation strategies in the Gulf of St. Lawrence and the Bay of Fundy. In total, fishery officers conducted more than 900 hours of patrols on the water and more than 1100 hours in air surveillance. Fishery officers also spent more than 8000 hours ensuring compliance with and enforcing the NARW management measures. They also provided assistance to experts working under the DFO Marine Mammal Response Program that lead to the partial disentanglements of two NARW.
In 2019, DFO notably increased its efforts to protect the Southern Resident Killer Whale (SRKW). Conservation and Protection in the Pacific region dedicated four new fishery officers to whales and they patrolled over 500 hours on-water, educating and enforcing the newly implemented SRKW management measures from June through to October. These officers also conducted opportunistic dock walks to promote the importance of understanding best practices for boating around whales. The Fisheries Aerial Surveillance and Enforcement (FASE) plane, the Mid-Shore Patrol Vessel (MSPV), and coastal detachments also supported monitoring and enforcement activities of the SRKW measures when patrolling within the SRKW critical habitat.
Parks Canada’s Law Enforcement Branch is responsible for enforcing all legislation related to the Agency’s mandate, including SARA, on all lands and waters it administers. In 2019, there were 88 operational park wardens dedicated to law enforcement activities on lands and waters administered by Parks Canada. Parks Canada’s SARA-related enforcement activities included targeted patrols and investigations of reported violations of the SARA prohibitions. Park wardens recorded a total of 77 law enforcement incidents related to the protection of species at risk in Parks Canada-administered places. These incidents led park wardens to issue two warnings under SARA as well as to lay 37 charges and to issue 25 warnings under other legislation.