Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order: SOR/2018-169
Canada Gazette, Part II, Volume 152, Number 17
Registration
July 31, 2018
SPECIES AT RISK ACT
Whereas the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield population, is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Act footnote a;
Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry;
Whereas, pursuant to subsection 58(5) of that Act, the competent minister must consult with every other competent minister and whereas the Minister of the Environment is also the Minister responsible for the Parks Canada Agency;
And whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2) footnote b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order;
Therefore, the Minister of the Environment, pursuant to subsections 58(4) and (5) of the Species at Risk Act footnote a, makes the annexed Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order.
Gatineau, July 24, 2018
Catherine McKenna
Minister of the Environment
Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order
Application
1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield population, which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry, other than the portions of that critical habitat that are
- (a) in a place referred to in subsection 58(2) of the Act; or
- (b) found on a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act.
Coming into force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
Loss of habitat is one of the greatest threats to biodiversity and species persistence in the world today. footnote 1 Protecting the habitat of species at risk, including amphibians, is therefore key to their conservation, and to the preservation of biodiversity.
The Western Chorus Frog (Pseudacris triseriata) is a small frog with a distinct loud call. footnote 2 In Canada, the Western Chorus Frog, Great Lakes / St. Lawrence – Canadian Shield population (GLSLCS) is found in the lowlands of southern Ontario and southwestern Quebec. In 2010, the Western Chorus Frog (GLSLCS) was listed as “threatened” under the Species at Risk Act (SARA or the Act). The most serious threat to the Western Chorus Frog in Canada is habitat loss or degradation, commonly associated with urban development and intensification of agriculture.
As required by SARA, a final recovery strategy for the Western Chorus Frog (GLSLCS) was posted on the Species at Risk (SAR) Public Registry on December 1, 2015. The recovery strategy identified habitat that is necessary for the survival or recovery of the species (also known as critical habitat), some of which occurs on federal land in Ontario and Quebec. When, in a final posted recovery strategy, all of a species’ critical habitat or portions of that critical habitat have been identified on federal lands, footnote 3 SARA requires that it be protected within 180 days. The Department of the Environment and Parks Canada Agency have determined that portions of the critical habitat of the Western Chorus Frog (GLSLCS) located on federal lands are not protected under SARA or another Act of Parliament, and that a ministerial order pursuant to section 58 of SARA is required.
Background
Habitat protection under SARA
Canada’s natural heritage is an integral part of its identity and history. In 1992, Canada signed and ratified the Convention on Biological Diversity (the Convention). The Convention is an international legal agreement between governments that was established to help ensure that biological diversity is conserved and used sustainably. The text of the Convention notes that the conservation of ecosystems and habitats is a “fundamental requirement for the conservation of biological diversity.”
As a party to this Convention, Canada has developed a national strategy for the conservation of biological diversity and federal legislation to protect species at risk, Canada’s Species at Risk Act. The purposes of SARA are to prevent wildlife species from being extirpated from Canada or becoming extinct; to provide for recovery of wildlife species that are listed as extirpated, endangered or threatened as a result of human activity; and to manage species of special concern to prevent them from becoming endangered or threatened. footnote 4 Consistent with the Convention, SARA recognizes that the habitat of species at risk is key to their conservation, and includes provisions that enable the protection of this habitat.
Once a species has been listed under SARA as endangered, threatened or extirpated, the competent federal minister(s) footnote 5 must prepare a recovery strategy. The Minister of the Environment and the Minister responsible for the Parks Canada Agency (Minister of the Environment), are the competent ministers under SARA for the Western Chorus Frog (GLSLCS). Recovery strategies must contain information such as a description of the species, threats to species survival and, to the extent possible, the identification of the species’ critical habitat (i.e. the habitat necessary for a listed wildlife species’ recovery or survival). Recovery strategies are posted on the SAR Public Registry.
When, in a final posted recovery strategy or action plan, critical habitat or portions of critical habitat have been identified on federal lands, in the exclusive economic zone of Canada or on the continental shelf of Canada, SARA requires that it be protected within 180 days of the date of posting on the SAR Public Registry.
If critical habitat is located in a migratory bird sanctuary under the Migratory Birds Convention Act, 1994, in a national park described in Schedule 1 of the Canada National Parks Act, in the Rouge National Urban Park established by the Rouge National Urban Park Act, in a marine protected area under the Oceans Act, or in a national wildlife area under the Canada Wildlife Act, the competent minister must publish a description of that critical habitat in the Canada Gazette within 90 days of the date that critical habitat was identified in a final recovery strategy or action plan. Ninety days after this description of critical habitat is published in the Canada Gazette, the critical habitat protection under subsection 58(1) of SARA (i.e. prohibiting the destruction of critical habitat) comes into effect automatically, and critical habitat located in the federal protected area is legally protected under SARA.
If critical habitat or any portion of that habitat is not found in a federal protected area listed in the previous paragraph, the competent minister must, under subsection 58(5) of SARA, either make a ministerial order to apply subsection 58(1) of SARA, prohibiting the destruction of this critical habitat, within 180 days following the identification of this habitat in a final posted recovery strategy or action plan, or publish on the SAR Public Registry a statement explaining how the critical habitat or portions of it are legally protected under SARA or another Act of Parliament.
Following the development of a recovery strategy, the Act requires the development of one or more action plans for the species. Action plans summarize the projects and activities required to meet recovery strategy objectives. They include information on habitat, details of protection measures, and evaluation of socio-economic costs and benefits.
Permits issued under SARA
A person intending to engage in an activity affecting a listed species, any part of its critical habitat or the residences of its individuals that is prohibited under SARA may apply to the competent minister for a permit under section 73 of the Act. A permit may be issued if the Minister is of the opinion that the activity meets one of the three following purposes:
- (a) the activity is scientific research relating to the conservation of the species and conducted by qualified persons;
- (b) the activity benefits the species or is required to enhance its chance of survival in the wild; or
- (c) affecting the species is incidental to the carrying out of the activity. footnote 6
The permit may only be issued if the competent minister is of the opinion that the following three preconditions are met:
- (a) all reasonable alternatives to the activity that would reduce the impact on the species have been considered, and the best solution has been adopted;
- (b) all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and
- (c) the activity will not jeopardize the survival or recovery of the species.
Section 74 of SARA allows for a competent minister to issue permits under another Act of Parliament (e.g. the Canada National Parks Act) to engage in an activity that affects a listed wildlife species, any part of its critical habitat or the residences of its individuals, and have the same effect as those issued under subsection 73(1) of SARA, if certain conditions are met. This is meant to reduce the need for multiple authorizations.
Western Chorus Frog (GLSLCS)
The Western Chorus Frog (GLSLCS) was listed as threatened on Schedule 1 of SARA in 2010. The general prohibitions in SARA section 32 (for individuals) and section 33 (for residences) apply automatically on federal lands in the provinces for terrestrial species listed as extirpated, endangered or threatened, and their residences. footnote 7 As such, it is prohibited to kill, harm, harass, capture or take, possess, collect, buy, sell or trade an individual Western Chorus Frog (GLSLCS) or any part or derivative of such. It is also prohibited to damage or destroy the residence of one or more individuals.
In Quebec, the Western Chorus Frog (GLSLCS) is listed as vulnerable under the Act respecting threatened or vulnerable species. In Ontario, the species is not currently listed under the Endangered Species Act, 2007.
The final recovery strategy for the Western Chorus Frog (GLSLCS) was completed and posted on the SAR Public Registry on December 1, 2015. The recovery strategy partially identified critical habitat the Western Chorus Frog (GLSLCS), and outlined a schedule of studies needed to complete the identification of critical habitat. The recovery strategy may be amended, as described in section 45 of SARA, if additional scientific information becomes available. In this case, the competent ministers would consult and cooperate with others (including stakeholders and Aboriginal organizations) regarding the amendments. The proposed amendments would be included on the SAR Public Registry for a 60-day public comment period prior to the preparation of a final amended recovery strategy.
The Parks Canada Agency has published three multi-species action plans on the SAR Public Registry that identify recovery measures for the Western Chorus Frog (GLSLCS) for the following national parks: Bruce Peninsula National Park and Fathom Five National Marine Park of Canada; Georgian Bay Islands National Park of Canada; and Thousand Islands National Park of Canada. These three action plans support one or more activities described in the schedule of studies to identify critical habitat, and outline actions that will contribute to the recovery and conservation of the species.
Like all frog species of Canada, the Western Chorus Frog (GLSLCS) requires both wetland and terrestrial habitats in close proximity. Western Chorus Frogs have two types of residence: the breeding site in wetland habitat; and the hibernating site in terrestrial habitat. A description of the residence for the Western Chorus Frog (GLSLCS) was posted on the SAR Public Registry on July 18, 2016. To support the annual life cycle of Western Chorus Frog local populations, it is essential to have adjoining and connected breeding and terrestrial habitats.
The recovery strategy identifies critical habitat of the species based on two criteria: habitat occupancy and habitat suitability. Habitat occupancy is established by the presence of wetland habitat known to be used for breeding by the Western Chorus Frog (GLSLCS). Suitable habitat includes groupings of wetland and terrestrial habitats that are similar to the residence, with the addition of dispersal corridors. Dispersal corridors are areas of suitable habitat between groupings of wetland and terrestrial habitats, through which the species can move, forage, and connect with other local populations. The connectivity of local populations is a key element to maintaining genetic diversity and to providing resilience from natural or anthropogenic (i.e. human-caused) disturbances.
Existing protections for the Western Chorus Frog (GLSLCS)
Protection of individuals and residences on federal land
As mentioned above, the general prohibitions in sections 32 and 33 of SARA (protecting individuals and residences) apply automatically on federal lands for the Western Chorus Frog (GLSLCS), as it is listed as a threatened species under SARA.
Protection of critical habitat in federal protected areas
Protection has been triggered for some portions of critical habitat on federal lands. Pursuant to subsection 58(2) of SARA, a description of the critical habitat for the Western Chorus Frog (GLSLCS) in the Wellers Bay National Wildlife Area and Thousand Islands National Park of Canada was published in the Canada Gazette on January 9, 2016, and is posted on the SAR Public Registry. The SARA prohibition against the destruction of Western Chorus Frog (GLSLCS) critical habitat in these areas came into effect on April 8, 2016. The critical habitat of the Western Chorus Frog (GLSLCS) that is located within Thousand Islands National Park of Canada receives additional protection from the Canada National Parks Act and its regulations. Similarly, the Canada Wildlife Act offers additional protection to the portion of the critical habitat that is within the Wellers Bay National Wildlife Area.
Protection through other Acts of Parliament
The Department has not completed an assessment of whether critical habitat is protected on First Nation reserves or any other lands set apart for the use and benefit of a band under the Indian Act.
The Parks Canada Agency is responsible for habitat protection on lands that it administers. Western Chorus Frog (GLSLCS) habitat overlaps with Parks Canada Agency lands in national parks and national historic canals in Ontario. For lands or waters identified and described in Schedule 1 of the Canada National Parks Act, that Act and its associated regulations prevent the destruction of habitat in national parks. The Department of Transport Act and its associated Historic Canals Regulations include provisions against the destruction of habitat in national historic canals, but measures available were not found to be equivalent to those required under SARA.
For all other federally administered lands, a total of eight laws were identified as both applying to federal lands in the geographic area and ecosystem types relevant to the Western Chorus Frog (GLSLCS); and relating to the regulation of activities identified in section 7.3 of the recovery strategy as examples of activities that are likely to result in the destruction of Western Chorus Frog (GLSLCS) critical habitat. Of the eight laws assessed, none were found to include mandatory, enforceable prohibitions against the destruction of the species’ habitat on federal lands to the degree that is required by SARA.
The Department of the Environment and the Parks Canada Agency have concluded that the portions of critical habitat of the Western Chorus Frog (GLSLCS) located on federally administered lands, excluding federal protected areas described in subsection 58(2) of SARA and on First Nation reserves or any other lands set apart for the use and benefit of a band under the Indian Act, are not legally protected by provisions in, or measures under, SARA or any other Act of Parliament.
Western Chorus Frog (GLSLCS) critical habitat on federal lands
Portions of the critical habitat identified in the recovery strategy occur on federal lands in Ontario and Quebec. A portion of the critical habitat that was identified for the Western Chorus Frog (GLSLCS) in the recovery strategy occurs on a First Nation reserve set apart under the Indian Act. This portion of critical habitat is excluded from the Order.
Seven federal organizations administer properties that overlap with the critical habitat for the Western Chorus Frog (GLSLCS) that was identified in the recovery strategy. The following federally administered lands are subject to this Order:
- The National Capital Commission (NCC) administers multiple properties in the City of Gatineau and Gatineau Park in Quebec, and Stony Swamp and adjacent properties in Ottawa, Ontario.
- Library and Archives Canada (LAC) owns property in Gatineau, Quebec.
- The Montreal Port Authority (MPA) administers lands in Contrecœur, Quebec.
- The Department of Transport (TC) administers two canals near Montréal, Quebec; one air navigation site in Gatineau (Aylmer), Quebec; and one air navigation site near Havelock, Ontario.
- The Department of Fisheries and Oceans (DFO) owns six navigational aids on two crossings of the canals mentioned above near Montréal, Quebec.
- The Department of National Defence (DND) properties include a former bombing range near Consecon, Ontario, and a military base and a military training area near Longueuil, Quebec.
- The Parks Canada Agency administers “Program Lands” that are near, yet outside, the boundaries of Thousand Islands National Park of Canada described in Schedule 1 of the Canada National Parks Act; as well as lands in the Trent-Severn Waterways National Historic Site of Canada, including the Murray Canal.
Objectives
The objective of the Critical Habitat of the Western Chorus Frog (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield Population Order (the Order) is to support the survival and recovery of Western Chorus Frog (GLSLCS) through the legal protection of its critical habitat on federally administered lands in Ontario and Quebec.
Description
As the competent minister under SARA for the Western Chorus Frog (GLSLCS), both for the Department of the Environment and as the Minister responsible for the Parks Canada Agency, the Minister of the Environment is making this Order.
The Order will apply the prohibition against the destruction of critical habitat set out in subsection 58(1) of SARA to the portions of the critical habitat of the Western Chorus Frog (GLSLCS) on federal land, with the exception of portions of that critical habitat on the following lands:
- Within a federal protected area referred to in subsection 58(2) of SARA, as critical habitat on these lands are already protected under SARA; or
- On a reserve or any other lands set apart for the use and benefit of a band under the Indian Act. These lands are excluded from this Order to allow further time to develop collaborative and cooperative approaches to species at risk conservation on First Nation reserves.
This will protect Western Chorus Frog (GLSLCS) critical habitat on federally administered land.
The final recovery strategy for Western Chorus Frog (GLSLCS) describes the types of activities that would be likely to result in the destruction of critical habitat, and how those activities, if undertaken, could destroy the suitable habitat. Examples of these activities include, but are not limited to
- construction and maintenance of linear infrastructures, such as roads, trails, pipelines and energy corridors;
- construction of housing units and other urban infrastructures, such as commercial and industrial buildings and playgrounds;
- modification of temporary and permanent wetlands, such as reshaping (levelling and/or filling), drainage or channelization; and
- intensification of agricultural practices.
Benefits and costs
A cost-benefit analysis presents the estimated impacts of a decision to implement a policy, by comparing the incremental differences in costs and benefits between a scenario in which a potential policy is put in place versus a baseline scenario. In this case, the competent minister must issue an order under section 58 of SARA to protect critical habitat on federal land. Consequently, this analysis examines the difference between two scenarios. The “without an order” scenario refers to the current situation, i.e. the current and planned activities within the area of interest, as well as existing federal and provincial regulations that may already offer protections for the species, where applicable. The “with an order” scenario refers to the situation in which the Order is implemented. The benefits and costs below are then based on the difference between these two scenarios.
The Order pursuant to subsections 58(4) and 58(5) of SARA will prohibit the destruction of any part of the critical habitat for Western Chorus Frog (GLSLCS) occurring on federally administered lands. Since 2010, when the species was listed as threatened under SARA, the general prohibitions protecting individuals and residences (sections 32 and 33 of SARA) have been in place on federal lands. In the recovery strategy, critical habitat is described as wetland habitat known to be used for breeding by the Western Chorus Frog (GLSLCS), plus groupings of wetland and terrestrial habitats and dispersal corridors. Given that the groupings of wetland and terrestrial habitats are substantially similar to the residence of the species, and that residences are already protected from destruction by section 33 of SARA, the Order is not expected to result in significant incremental impacts. Even in the absence of an order, once federal land managers have determined that species at risk may live on or pass through the lands which they administer, or once they are aware that residences or identified critical habitat for such species exist on their lands, they are required to ensure that any activities carried out on these lands comply with SARA requirements and apply in advance for a permit under sections 73 or 74 if a proposed activity could contravene a SARA prohibition. footnote 8
Parks Canada Agency permits may be authorized under section 74 of SARA if the activities to be permitted have been subject to the Parks Canada Environmental Impact Analysis Process, and are in compliance with the preconditions in section 73 of SARA.
Therefore, due to the specific definition of residence and its similarity to critical habitat for Western Chorus Frog (GLSLCS), as well as the general prohibitions of SARA (sections 32 and 33) already in effect on federal lands, the Order is not expected to trigger any additional economic impacts for federal organizations that administer the land on which Western Chorus Frog (GLSLCS) critical habitat is found.
Minor costs to the Government of Canada would result from additional compliance promotion activities. Any enforcement costs attributable to this Order are considered to be minimal. Although benefits associated with the continued existence of the species could not be attributed to the Order alone, the Order will contribute to the recovery of the Western Chorus Frog (GLSLCS) and also provide regulatory certainty with regards to development or activities in the area that may arise in the future.
“One-for-One” Rule
Section 5 of the Red Tape Reduction Act (the “One-for-One” Rule) does not apply, as the Order will not impose any new administrative burden on business.
Small business lens
The small business lens does not apply to this proposal, as the nationwide cost impacts of the proposal are below $1 million per year and any potential costs for small businesses are not considered disproportionately high.
Consultation
In 2013, prior to posting the proposed Western Chorus Frog (GLSLCS) recovery strategy on the SAR Public Registry, the Department of the Environment engaged in consultations with First Nations and stakeholders. Of the 19 First Nations and stakeholder groups consulted during this pre-posting consultation, a total of 4 responses were received, all in support of or not opposed to the recovery strategy. Three federal organizations and one provincial ministry provided comments related to critical habitat, species occurrence data, interest in protection measures that would apply to federal lands, concerns about a knowledge gap for population data, the need for survey and monitoring and habitat suitability. The Department of Environment considered these comments when updating the proposed recovery strategy. No responses were received from First Nations.
The proposed recovery strategy, including a partial identification of critical habitat, was posted on the SAR Public Registry for public comment on July 3, 2014. During the 60-day consultation period, a total of 55 comments were received from 45 individuals, one First Nation, 2 non-governmental organizations, 2 businesses, one province, one public utility, and 3 federal departments. The majority of the comments supported the recovery strategy, the recovery of the species and/or protection of the species’ critical habitat. Fourteen comments neither supported nor opposed the recovery strategy, the recovery of the species and/or protection of the species’ critical habitat.
Two comments specifically opposing the recovery or protection of the species were also received. However, these comments are not directly relevant to the analysis of impacts of the Order, as they did not pertain to critical habitat on federal land. In addition, upon request, the Department met with one First Nation to discuss species at risk and SARA in general. The final recovery strategy was posted on the SAR Public Registry on December 1, 2015.
The Department of the Environment and the Parks Canada Agency have collaborated throughout the process of developing the Order. In June and July 2017, the Department contacted six federal organizations and agencies that own federal lands on which portions of the critical habitat of the Western Chorus Frog (GLSLCS) occur to inform them that the Minister would be moving forward with development of this Order. Letters were sent to the following federal organizations: the National Capital Commission, Library and Archives Canada, the Montreal Port Authority, the Department of Transport, the Department of Fisheries and Oceans and the Department of National Defence. The letters sought feedback and information from the federal organizations that would support the analyses of potential impacts of the Order, and invited them to share any questions or comments. The Department received responses and exchanged information with these federal organizations to support the analysis of potential socio-economic impacts of the Order.
At the same time, the Department of the Environment sent letters to the Ontario Ministry of Natural Resources and Forestry, the Quebec ministry of sustainable development, environment and the fight against climate change and the Quebec ministry of forests, wildlife and parks. The letters indicated that the Department would be moving forward with development of the Order and invited these provincial ministries to share any information or comments. Responses were received from two ministries, who shared information to support the analyses of potential impacts of the Order and asked questions in order to better understand the potential impacts.
In 2017 and 2018, the Department of the Environment consulted one First Nation in Ontario whose reserve lands overlap with a portion of the critical habitat of Western Chorus Frog (GLSLCS), and sought feedback on the proposed Order. The Order will not apply to the portion of critical habitat identified on reserve lands, and no concerns were raised by the First Nation regarding the protection of Western Chorus Frog (GLSLCS) critical habitat on federally administered lands. The Department and the First Nation have initiated discussions regarding working together towards protecting critical habitat on their reserve lands.
The Department of Environment and the Parks Canada Agency also consulted 10 other First Nations and one Indigenous organization whose treaties and traditional territories overlap with the federal lands in southwestern Quebec and southern Ontario to which the Order will apply, and sought feedback on the proposed Order. Several First Nations expressed interest in further discussions regarding the species, the recovery strategy and protections offered by SARA. One First Nation questioned why the Order would not apply to First Nation reserve land. The Department replied that protecting critical habitat where found on federal land is important and that it will collaborate with the First Nation on protection. No other concerns were raised regarding the protection of Western Chorus Frog (GLSLCS) critical habitat on federally administered lands. The Department and the Agency offered to continue discussions on SARA and protection of species at risk with interested First Nations.
Rationale
The Western Chorus Frog (GLSLCS) is listed as a threatened species under SARA. On federal lands, individuals and their residence (breeding sites and hibernating sites) are already protected by SARA’s general prohibitions. Portions of the species’ critical habitat on federal lands in southern Ontario and southwestern Quebec are currently unprotected. The Order will support the survival and recovery of the Western Chorus Frog (GLSLCS) through the protection of the critical habitat on federally administered lands, consistent with the overall objectives of SARA and Canada’s biodiversity commitments under the Convention on Biological Diversity.
Incremental costs of the Order are limited to Government of Canada actions related to compliance promotion and enforcement. The Government has consulted on the recovery strategy, the multi-species action plans, and the critical habitat protection Order for this species. The Department of the Environment and the Parks Canada Agency will continue to engage federal land managers, Indigenous peoples, and stakeholders on the Order and, more broadly, on SARA.
A strategic environmental assessment (SEA) was conducted for the Order. The SEA concluded that, although the benefits associated with the continued existence of the species cannot be attributed to the Order alone, the legal protection of the critical habitat for the Western Chorus Frog (GLSLCS) on federally administered lands would have important benefits for the species.
The objective of this Order directly supports the following goal of the 2016–2019 Federal Sustainable Development Strategy (FSDS): “Healthy Wildlife Populations — All species have healthy and viable populations.” The Order will support the goal’s medium-term target, “By 2020, species that are secure remain secure, and populations of species at risk listed under federal law exhibit trends that are consistent with recovery strategies and management plans.” The objective of this Order also supports the Canadian Biodiversity Strategy, which recognizes the importance of protecting the habitats of species at risk as a key component of conserving biological diversity.
Implementation, enforcement and service standards
The implementation of the Order will provide protection and recourse against the destruction of Western Chorus Frog (GLSLCS) critical habitat on federally administered lands to which the Order applies. As permits are currently required under SARA for any activities to be undertaken on federal lands that may affect individual Western Chorus Frogs (GLSLCS) or their residences, and the critical habitat of the species is very similar to its residence, this Order is not anticipated to significantly increase the number of permit applications in future.
The Parks Canada Agency will be responsible for issuing permits, compliance promotion and enforcement of the Order on lands and waters under its jurisdiction. These lands and waters are patrolled and protected by Parks Canada Agency law enforcement personnel. On lands administered by the Agency, proposed projects that might impact Western Chorus Frogs (GLSLCS), their residence or their habitat will be assessed by either the Agency’s research permitting system or the Parks Canada Environmental Impact Analysis Process, including a careful assessment of potential impacts to all implicated species at risk and compliance with SARA.
The Department of the Environment will be responsible for issuing permits, compliance promotion and enforcement of the Order on the remaining federally administered lands to which the Order applies. The Department has developed a compliance strategy outlining compliance promotion activities with a targeted focus. The Department will work with the federal organizations who administer lands subject to this Order to contribute to the conservation and protection of the Western Chorus Frog (GLSLCS) and its critical habitat.
SARA provides for penalties for contraventions to the Act, including fines or imprisonment, seizure and forfeiture of things seized or of the proceeds of their disposition. Alternative measures agreements may also be used to deal with an alleged offender under certain conditions. SARA also provides for inspections and search and seizure operations by enforcement officers designated under the Act. Under the penalty provisions of the Act, a corporation found guilty of an offence punishable on summary conviction is liable to a fine of not more than $300,000, a non-profit corporation is liable to a fine of not more than $50,000 and any other person is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both. A corporation found guilty of an indictable offence is liable to a fine of not more than $1,000,000, a non-profit corporation to a fine of not more than $250,000 and any other person to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both.
The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations, which came into effect on June 19, 2013, impose a 90-day timeline on the Government of Canada to either issue or refuse permits under section 73 of SARA to authorize activities that may affect listed wildlife species. The 90-day timeline may not apply in certain circumstances, such as a permit issued under another Act of Parliament (e.g. the Canada National Parks Act) as per section 74 of SARA. These regulations contribute to consistency, predictability and transparency in the SARA permitting process by providing applicants with clear and measurable service standards. The Department of the Environment measures its service performance annually and performance information is posted on the Department’s website no later than June 1 for the preceding fiscal year.
Contacts
Mary Jane Roberts
Director
Species at Risk Act Management and Regulatory Affairs
Canadian Wildlife Service
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Telephone: 1-800-668-6767
Email: ec.LEPreglementations-SARAregulations.ec@canada.ca
Rachel Grasham
Director
Policy, Legislative and Cabinet Affairs Branch
Parks Canada Agency
30 Victoria Street
Gatineau, Quebec
J8X 0B3
Telephone: 819-420-9115
Email: rachel.grasham@pc.gc.ca
Annex 1 — Species description of Western Chorus Frog
The Western Chorus Frog is a small amphibian that measures approximately 2.5 cm as an adult. It varies in colour from brown to olive gray and can be recognized by the three dark, sometimes broken, stripes on its back. A white stripe runs along the upper lip, and a dark stripe runs from the snout to the groin. In the spring, during the breeding period, which can extend from early March to mid-May, the Western Chorus Frog can be distinguished primarily by the male’s call, which is similar to the sound made by a fingernail running along the teeth of a comb. At other times, the species goes unnoticed. Western Chorus Frogs reach maturity at the end of the summer and breed the following spring. They rarely live more than one year.
The Western Chorus Frog occurs primarily in terrestrial habitats, such as woodlands, fallow lands, meadows and pastures, although it prefers shallow temporary ponds for breeding. The tadpoles develop in these ponds for close to two months. When they are developed enough to leave the water, juveniles head for the surrounding terrestrial environment. The Western Chorus Frog avoids permanent ponds that have high densities of predators, such as larger amphibians and fish. In the winter, the species hibernates on land, under rocks, logs or leaf litter, in burrows, or buried in the soil.