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Species at Risk Act annual report for 2019: chapter 8

8. Consultation and governance

8.1. Species at Risk Act (SARA) policies

In 2019, ECCC, DFO and Parks Canada finalized and published two SARA policies on the Species at Risk Public Registry:

SARA policies address key areas of the SARA cycle. They are designed to provide clarity for provinces and territories, Indigenous organizations and peoples, stakeholders and the Canadian public on the requirements of the Act and to clarify how the competent ministers fulfill their obligations under SARA. The two policies posted in 2019 inform and support the protection and management of critical habitat, as well as provide information to Canadians to support recovery by proactively avoiding harming and destroying critical habitat.

This calendar year also marked advancement towards finalizing policies on Recovery and Survival, and Permitting. In 2019, progress was also made on development of a draft policy for public consultation on Imminent Threat Assessment.

8.2. Species at Risk Advisory Committee

The Species at Risk Advisory Committee (SARAC), a multi-stakeholder advisory body, was established under section 9(1) of SARA. The Committee advises on the administration of the Act, and promotes and encourages the effective stewardship of Canada's biological diversity. It also provides advice to support the federal government in achieving the purposes of SARA.

Its current membership of 28 includes a balanced representation of non-governmental organizations from industry, business, academia, agriculture and environment, and invites participation of Indigenous partners from the Assembly of First Nations, Métis National Council and Inuit Tapiriit Kanatami.

SARAC met in Ottawa on January 24 and 25, 2019, to ensure a shared understanding of various federal initiatives and priorities, including, among other issues, progress under Canada’s Nature Legacy, and ECCC’s approach to implementation of the Pan-Canadian Approach to Species at Risk Transformation in Canada. SARAC members had the opportunity to assess their work to-date and identify opportunities to develop recommendations that support federal priorities. During the meeting, SARAC met with Parliamentary Secretary Sean Fraser (ECCC) and Parliamentary Secretary Sean Casey (DFO). The Committee took this opportunity to present summaries of its developments under its five working groups: places, species, sectors and threats; the knowledge plan; imminent threats; survival and recovery; and conservation agreements. In doing so, the Committee offered its observations about some of the limitations impeding SAR Recovery, including the need to ensure a broad engagement with jurisdictions and stakeholders alike; the importance of incentivizing the use of conservation agreements as a viable conservation tool under SARA; encouraging the development of a national, spatially explicit database for species; and the benefits of establishing a full-cost accounting system for species that recognize the impact of species decline on various communities and partners. SARAC encouraged the Government to consider how it may leverage the strength of its members and their networks, to achieve maximum results for species at risk in Canada. SARAC’s messages were well-received by both Parliamentary Secretaries, who suggested meeting with SARAC Co-Liaisons bilaterally to further encourage the momentum of this dialogue.

On March 28, 2019, SARAC Co-Liaisons attended a bilateral meeting with Parliamentary Secretaries Fraser and Casey in Ottawa. They further elaborated on issues discussed in January, and all parties present agreed that success for SAR would depend in part on continued, collaborative engagement.

8.3. Indigenous Peoples and SARA

The National Aboriginal Council on Species at Risk (NACOSAR) is composed of six representatives of Indigenous peoples of Canada, appointed by the Minister. It 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).

In 2019, NACOSAR met on April 10 and 11, at which time they adopted a Terms of Reference and developed a detailed workplan for four priorities: Socio-Economic Analysis (including full cost accounting); Indigenous Engagement in SAR Recovery; SARA s.64 (compensation); and Conservation Agreements (considering s.64). The Council also penned their first ministerial recommendations letter.

In 2019, the Council focussed on ensuring indigenous consideration in the federal socioeconomic analysis processes. Throughout the course of the fall and winter, NACOSAR members, together with collaborative federal partners, began work to secure a contract to advance their inquiry. The contract, to be executed by ECCC on behalf of NACOSAR, will seek research, analysis, and reporting services to support the Council’s development of advice to identify gaps in current Cost Benefit Analysis (CBA) modelling - as it applies to the broader socio-economic analysis framework. The contract is expected to be begin and end in early 2020. Its resulting report will be used to guide NACOSAR’s future work on including Indigenous perspectives, considerations and impacts to socioeconomic and cost benefit analyses under SARA.

Although no other full Council face-to-face meetings occurred in 2019, NACOSAR did have opportunity to participate in various bilateral meetings. Such engagements included discussions with the COSEWIC ATK Sub-Committee, to ensure dialogue on knowledge sharing and assessment process. They also had various meetings with departmental partners at DFO, PCA and ECCC. Notably, NACOSAR co-chairs, along with the First Nation Advisory Committee on Species at Risk (FNACSAR) representatives, had the opportunity present their perspectives at the Canadian Wildlife Directors’ Committee (CWDC) on October 30, 2019. They spoke on the importance of engagement with NACOSAR, in terms of the value of sharing experiences on the challenges of SARA from varying perspectives (indigenous, jurisdictional, etc.).

Moving into 2020, NACOSAR will continue efforts on their prioritized workplan. The Council will also continue to promote and advance collaborative engagements with other forums, committees, and partners, who share an interest in species at risk conservation and protection.            

In 2017, ECCC co-developed with the Assembly of First Nations (AFN) the First Nation Advisory Committee on Species at Risk (FNACSAR) under section 9 of the Act. Managed by AFN and co-chaired by AFN and ECCC, 2019 saw progress for this committee through working to engage First Nations in finding solutions to SARAimplementationas it relates to First Nations peoples in Canada.

FNACSAR met twice in 2019, on January 29 and 30 in Victoria, British Columbia and on June 26 and 27, in Ottawa. At these meetings, FNACSAR gained information on various federal issues including the state of play for Indigenous engagement on Boreal Caribou; the status and direction of SARA policy progress on Imminent Threat and Section 11 Contribution Agreements; and the impact of changes to the Fisheries Act on aquatic SAR. FNACSAR also discussed opportunities for First Nation engagement in the implementation of the Pan-Canadian Approach among other things. By the end of 2019, FNACSAR had drafted its workplan to advance the efforts of its working groups on socio-economic analysis, caribou, conservation agreements, and aquatic species. Moving forward into 2020, it is expected the Committee will continue to consider advancements for First Nations engagement in SAR, and how to translate FNACSAR’s workplan to further develop collaborative mechanisms for SAR conservation on First Nation lands.

In January and June of 2019, FNACSAR penned two ministerial recommendations letters, emphasizing  the need for cooperation and partnership for SAR that is inclusive of First Nation perspectives and voices.

8.4. SARA Ministerial Round Table

On April 11, 2019, the Honourable Minister Wilkinson, who was the Minister of Fisheries and Oceans at that time, provided opening remarks for the 7th SARA Ministerial Round Table (MRT). Minister Wilkinson acknowledged the importance and value of contributions from the advisory bodies, and the need for new and innovative solutions to support positive outcomes for SAR.

Delegates from the Assembly of First Nations, the Inuit Tapiriit Kanatami and the Metis National Council shared their perspectives on Indigenous engagement and SAR, highlighting the importance of Indigenous people as leaders in conservation, and the critical value of their partnership for SAR conservation and recovery. The need to ensure Indigenous rights are considered and respected, and of the necessity for harmony between Indigenous and federal processes, was reinforced.

Minister Wilkinson deputized the remainder of the meeting to Parliamentary Secretaries Casey (DFO) and Fraser (ECCC). The SARAC, FNACSAR and NACOSAR Committees shared their perspectives on previously-agreed upon priorities, and called for federal interdepartmental integration to ensure success in a multi-species and ecosystem based approach. A summary of their respective messages follows:

Caribou – working together, considering Indigenous Knowledge, and including Indigenous people in the decision making process, are key to helping Indigenous communities across Canada maintain access to the fundamental species

Aquatic – solutions that horizontally transcend across all levels of government are required to overcome the challenges of aquatic SAR; an aquatic working group could further this discussion

Enabling framework and Federal/Provincial/Territorial engagement – strong FPT coordination, inclusive of Indigenous participation, will support an effective path forward for engagement

Effective use of stewardship tools – collaboration is required to ensure data is accessible and inclusive of ITK, and to ensure clarity on distribution of the Nature Legacy’s allocated funding

Plenary discussions ensued with senior executive officials of ECCC, Parks Canada, and DFO, focusing on the conservation agenda; the need for a national vision and approach for interdepartmental connectivity; inclusive horizontal engagement with FPT governments; and a knowledge platform to make data readily available. All three Departments acknowledged and recognized the importance of these points, and indicated a desire to continue working with its partners to make advancements. 

Following the MRT, the three Committees provided advice and recommendations to the Ministers via respective letters. Each Committee echoed their collective and coordinated comments at the SARA MRT and the essences of these letters, as well as the Ministerial response, are available on the SAR Public Registry.

8.4.1. Joint SAR Committee meeting

On April 9 and 10, 2019, the first ever Joint SAR Committee meeting offered a forum for the three active committees established under the sections 8 and 9 of the Act, SARAC, FNACSAR and NACOSAR, to meet together for the first time.

The Committees discussed synergies to identify areas of shared interests, and in turn where they diverge, in recognition of each Committees’ unique perspectives. Together, they acknowledged common areas of focus that could offer the most impactful benefits to all three Committees, including collaborative focus on advancing outcomes for:

8.4.2. Aquatics working group

During the April 2019 SARA MRT with external stakeholders and Indigenous groups meeting, the Parliamentary Secretaries to the Ministers of Fisheries and Oceans and Environment and Climate Change received a joint proposal from the SARAC, NACOSAR and FNACSAR representatives to establish a joint aquatics working group under the auspices of the SARAC. Each of the SAR Committees appointed members to aid in the establishment of the working group and in the determination of key priorities. The group also met in September and December of 2019 to further define the purpose and focus of the group.

8.5. 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 between the federal government and the Nunavut Wildlife Management Board that covers the listing process for species at risk in Nunavut.

8.6. 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 2019, 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 2019 was the Government of Northwest Territories. The next report, Wild Species 2020, is scheduled to be completed and published in 2021, and will present information for about 40,000 species.

8.7. 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:

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 are also published on the Public Registry.

In 2019, 587 documents were published on the Registry, including 355 permit explanations and 52 documents for public consultation. 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.

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2021-05-18