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Species at Risk Act

5 CONSULTATION AND COOPERATION

5.1 Cooperation with other Jurisdictions

SARA recognizes that the responsibility for the conservation of wildlife in Canada is shared by federal, provincial and territorial governments. The federal government is responsible for terrestrial species found on federal lands as well as aquatic species and most migratory birds, while the provincial and territorial governments are primarily responsible for other species. SARA is designed to work with provincial and territorial legislation.

5.1.1 National Framework for Species at Risk Conservation

In 1996, the provincial, territorial and federal governments signed the Accord for the Protection of Species at Risk.  The Accord outlines commitments to designate species at risk, protect their habitats, and develop recovery plans, and to establish supporting legislation, regulations, policies and programs.  

To support the implementation of the Accord,governments agreed to a National Framework for Species at Risk Conservation in June 2007. The National Framework provides a set of common principles, objectives and overarching approaches for species at risk conservation to guide federal, provincial and territorial species at risk programs and policies. 

The specific objectives of the Framework are to:

• Facilitate coordination and cooperation among jurisdictions involved with species at risk;
• Encourage greater national coherence and consistency in jurisdictional policies and procedures; and
• Provide context and common ground for federal/provincial/territorial bilateral agreements.

5.1.2 Bilateral Administrative Agreements

The establishment of governance structures for inter-jurisdictional cooperation is central to the effective implementation of the Act. 

Reflecting this commitment, the departments are negotiating bilateral agreements on species at risk with all provinces and territories.  The agreements set out shared objectives, as well as specific commitments where the governments will cooperate on species at risk initiatives.  As of 2007, agreements have been signed with the governments of British Columbia, Quebec, and Saskatchewan, while agreements with other provinces and territories are at various stages of negotiation. 

5.1.3 Memorandum of Understanding with the Nunavut Wildlife Management Board

In 2007, the Nunavut Wildlife Management Board and the federal government drafted a Memorandum of Understanding to harmonize requirements under SARA with the Nunavut Land Claims Agreement. The Memorandum of Understanding sets out the proposed listing process for species at risk, including actions and timelines for listing decisions, while complying with the terms of the Nunavut Land Claims Agreement for the designation of rare, threatened and endangered species by the Nunavut Wildlife Management Board.

5.1.4 Canadian Endangered Species Conservation Council

The Canadian Endangered Species Conservation Council (CESCC) was established under the 1996 Accord for the Protection of Species at Risk and was formally recognized under SARA. CESCC is made up of federal, provincial and territorial Ministers responsible for conservation and management of species at risk. Under SARA, CESCC:

• provides general direction on the activities of COSEWIC, the preparation of recovery strategies, and the preparation and implementation of action plans; and
• coordinates the activities of the various governments represented on the Council relating to protection of species at risk.

In June 2006, CESCC Deputy Ministers met to discuss species at risk issues such as moving towards an ecosystem approach for species at risk planning, critical habitat policy, species assessment and species recovery. 

The Canadian Council of Resource Ministers and the Canadian Council of Ministers of the Environment (whose Ministers also sit on CESCC) held a joint meeting in October 2006 to discuss the National Framework for Species at Risk Conservation and the Minister's Round Table on Species at Risk.

In June 2007, the Deputy Ministers of the Canadian Council of Resource Ministers approved the National Framework for Species at Risk Conservation.

5.1.5 Federal Coordinating Committees

The Government has established governance structures to support federal implementation of the Act and its supporting programs. Several committees, comprising senior officials from Environment Canada, Fisheries and Oceans Canada, and the Parks Canada Agency, meet regularly to discuss policy and strategic issues, and monitor SARA implementation:

• the Species at Risk Associate Deputy Ministers Steering Committee, ,
• the Species at Risk Assistant Deputy Ministers Committee, and
• the Species at Risk Directors General Operations Committee.

All of these Committees met regularly in 2006 and 2007 to discuss and provide direction on matters related to SARA implementation, such as:

• development and implementation of policies concerning the implementation of SARA;
• planning and coordination of the Minister’s Round Table on species at risk;
• development and implementation of processes related to SARA listing and recovery;
• development and implementation of bilateral agreements;
• implementation of the action plan developed in response to an formative evaluation of Federal Species at Risk Programes;
• approval of priorities and projects under the three species at risk funding programs (Habitat Stewardship Program, Aboriginal Funds for Species at Risk and Interdepartmental Recovery Fund);
• planning for the departments’ preparations for the Parliamentary five year review of SARA; and
• development of a Results-based Management and Accountability Framework and a Risk-based Audit Framework for SARA.

5.1.6 Canadian Wildlife Directors Committee

The Canadian Wildlife Directors Committee plays an important role in inter-jurisdictional cooperation on species at risk. The Committee is an advisory body on wildlife issues including species at risk and is made up of federal and provincial/territorial wildlife directors, including representatives from Environment Canada, Fisheries and Oceans Canada, and the Parks Canada Agency. The Committee provides leadership in the development and coordination of policies, strategies, programs and activities that address wildlife issues of national concern and help conserve biodiversity. It also advises and supports CESCC Deputy Ministers' and Ministers' councils on these matters.

The Directors met twice in both 2006 and 2007, and held several conference calls to address issues including species at risk items as noted:

• coordination and governance of species at risk programming;
• planning for the Minister's Round Table on Species at Risk;
• development of species at risk bilateral agreements;
• development of guidance to COSEWIC regarding species assessment;
• development of species recovery measures;
• direction on National Framework for Species at Risk Conservation;
• development of provincial/territorial species at risk programming; and
• planning for Deputy Ministers’ and Ministers’ meetings.

5.1.7 National Recovery Working Group

The National Recovery Working Group consists of federal, provincial and territorial representatives responsible for the recovery of species at risk. They provide information, advice and recommendations on recovery matters to the Canadian Wildlife Directors Committee.

The Working Group met twice in both 2006 and 2007. Discussion focused on issues such as:

• review of recovery planning documents;
• development of guidelines on conducting socio-economic assessment;
• engagement of aboriginal peoples and Wildlife Management Boards in recovery;
• integration of approaches to recovery;
• stewardship planning;
• review of SARA policies and guidelines;
• cooperation in recovery strategies and action plans;
• consistency in the development of recovery goals and objectives;
• development of national ranking scheme for species at risk recovery planning
• critical habitat identification and protection; and
• approaches to ecosystem or multi-species planning.

5.1.8 Aquatic Species at Risk Task Group

To help further inter-jurisdictional discussions, the Ministers responsible for fisheries and aquaculture created an Aquatic Species at Risk Task Group, including representatives from Fisheries and Oceans Canada and all provinces and territories.

In 2006, the Task Group met several times to draft discussion papers and identify issues for a National Strategy for the protection and recovery of aquatic species at risk.  Draft discussion papers were developed for assessment, recovery, roles and responsibilities, permitting, priority species and listing. These papers were developed to inform a national strategy.  A Task Group subgroup was also created and met several times to provide guidance on the process for socio-economic analysis in relation to SARA listing recommendations for aquatic species to the Minister of the Environment.

In 2007, the Task Group finalized a National Strategy for the Protection and Recovery of Aquatic Species at Risk. The Canadian Council of Fisheries and Aquaculture Ministers approved the strategy in 2007.

5.2 Consultations with Aboriginal Groups and Stakeholders

5.2.1 Minister’s Round Table on Species at Risk

SARA requires that the Minister convene a round table, at least every two years, of persons interested in matters respecting the protection of wildlife species at risk in Canada to advise the Minister on those matters.

The first Minister’s Round Table on Species at Risk was held in December 2006. The round table provided the opportunity for many stakeholders who do not participate in any existing advisory committees to share their insights. Participation included opinion leaders from Aboriginal groups, industry, non-government organizations, academia, international organizations and youth.

Discussions centered on three themes selected by the Environment Minister: improving the implementation of the Act through a more systematic use of an ecosystem approach; the consideration of socio-economic factors in listing and recovery planning processes; and the promotion of Canada’s conservation legacy.

The Minister’s Round Table resulted in a number of recommendations, which Environment Canada is currently working towards implementing. The Minister’s response can be found at http://www.sararegistry.gc.ca/document/default_e.cfm?documentID=1545.

5.2.2 National Aboriginal Council on Species at Risk

SARA recognizes that the role of Aboriginal peoples in the conservation of wildlife is essential and that Aboriginal peoples possess unique traditional knowledge concerning wildlife species.  The National Aboriginal Council on Species at Risk (NACOSAR), comprised of representatives from the Aboriginal peoples of Canada, is created under section 8.1 of SARA to advise the Minister of the Environment on the administration of the Act and to provide advice and recommendations to the CESCC. 

In addition to regular meetings held in 2006, NACOSAR hosted two national workshops for Aboriginal peoples to network, discuss species at risk issues and generate recommendations.  Participants at national workshops included representatives from the Assembly of First Nations, Inuit Tapiriit Kanatami, Métis National Council, Native Women’s Association of Canada and the Congress of Aboriginal Peoples. 

The March 2006 National Species at Risk Workshop for Aboriginal Peoples focused on communications needs, capacity development, use and protection of Aboriginal traditional knowledge, and enabling Aboriginal participation in species at risk conservation.

A November 2006 workshop, entitled “Species at Risk – Our Heritage, Our Responsibility,” was organized around three themes: ecosystem management; plants, medicines and flora; and animals. 

Objectives of the workshop were to share experiences related to species conservation and recovery, identify species at risk gaps of particular interest and concern to Aboriginal peoples, identify and address Aboriginal participation in SARA, and facilitate a strong Aboriginal voice and participation in species recovery and protection. 

NACOSAR also met with CESCC Ministers in October 2006, where it presented its vision for Aboriginal participation in SARA implementation and discussed Aboriginal engagement in species at risk conservation. 

In 2007, NACOSAR and its Policy and Planning Committee held numerous meetings and conference calls to discuss such issues as Aboriginal engagement practices on SARA, Aboriginal considerations in socio-economic analysis of listing decisions, Aboriginal involvement in species recovery strategies, Aboriginal engagement in Aboriginal capacity building and critical habitat funds, bilateral agreements between the federal government and provinces and territories, and communications tools.  Federal government officials attended these meetings to exchange information, and receive advice and recommendations.

NACOSAR Policy and Planning Committee members participated in the May 2007 workshop on the Renewal of Aboriginal Funds under the Species at Risk, where they provided advice and recommendations to improve Aboriginal participation in the program.  NACOSAR was also represented at the National Management Team meeting for the Aboriginal Funds for Species at Risk in February 2007.

5.2.3 Species at Risk Advisory Committee

The Species at Risk Advisory Committee was created by the Minister through discretionary powers under the Act.  Chaired by Environment Canada,  the Committee was established to provide advice on the administration of the Act .  In 2006, it included 11 representatives from industry groups, nine representatives from environmental non-government organizations and one member from academia. In 2007, the Committee included nine representatives from industry groups, 10 representatives from environmental non-government organizations and two members from academia. Representatives from Fisheries and Oceans Canada, and the Parks Canada Agency attend the committee meetings as observers.

The Advisory Committee held one meeting and one teleconference in 2006, and two meetings and four teleconferences in 2007. Discussions and advice regarding SARA implementation included:

• development of policies under SARA;
• planning for the Minister’s Round Table on Species at Risk;
• development of processes related to SARA listing and recovery;
• review of compliance guidelines;
• development of bilateral agreements;
• review of the national strategy for public engagement;
• planning for the Parliamentary five year review of SARA;
• development of approaches for assessing socio-economic impacts of regulatory actions under SARA;
• development of approaches for incorporating ecosystem concepts into species assessment; and
• guidance on development of the Woodland Caribou recovery strategy