This Web page has been archived on the Web.

Species at Risk Act

7 COMPLIANCE AND ENFORCEMENT

7.1 Background

The federal government recognizes the importance of compliance education in the protection and recovery of species at risk. Officials from Environment Canada, Fisheries and Oceans Canada, and the Parks Canada Agency continue to work together to ensure that Canadians are informed about SARA and their responsibilities under the Act. Offences under SARA can be prosecuted as indictable or summary conviction offences.

7.2 Compliance Promotion

In 2006 and 2007, Environment Canada continued compliance promotion activities, guided by the National Strategy for Public Engagement in the Conservation of Species at Risk, approved in 2005. The department adapted the “SARA and You” guides from the Species at Risk Public Registry for print, for use in listing and recovery consultations and other public events. Information sessions were held with other federal government departments, First Nations groups and industry sectors in the National Capital Region and other regions across Canada.

In 2006, more than 550 front-line fishery enforcement officers working in the Conservation and Protection Branch at Fisheries and Oceans Canada continued to promote voluntary compliance with the prohibitions in SARA. Fishery officers from all regions dedicated more than 400 hours to education and public outreach activities, including conservation harvesting workshops, and school and tradeshow presentations.

In 2007, fishery enforcement officers continued to work with internal and external partners to promote compliance through education and outreach activities with affected communities and aboriginal groups.  Fishery officers dedicated more than 1080 hours educating a wide-range of Canadians on the threats to aquatic species at risk and what they can do to help protect them. These efforts included school visits, trade shows, workshops and community meetings.

Highlights of Fisheries and Oceans Canada’s regional compliance promotion activities in 2006 and 2007 include:

• Gulf Region promoted compliance in relation to listed species in the region, preparing and delivering educational materials to affected parties, and other interested groups and individuals.
• Quebec Region monitored potential impacts on Beluga whales in the St. Lawrence and northern Quebec. 
• Central and Arctic Region responded to entrapped beluga whales in the eastern Arctic. 
• Maritimes Region patrolled by air and water to monitor the location of North Atlantic Right Whales in the Bay of Fundy to limit potential interaction with lobster harvesting gear.  Maritimes Region also monitored rivers inhabited by Inner Bay of Fundy Atlantic Salmon, providing information to support compliance with prohibitions.
• Newfoundland and Labrador Region met with affected parties from regulated fisheries to discuss prohibitions and human-related threats to aquatic species at risk.

Throughout 2006 and 2007, the Parks Canada Agency continued to promote awareness and understanding of species at risk and their habitat, initiate and maintain public engagement efforts to help mitigate key issues impacting the protection and recovery of species at risk, and increase knowledge of key audiences to help build effective public education programs and initiatives.

7.3 Enforcement

Enforcement activities under SARA include inspections to verify compliance, investigations of alleged violations, measures to compel compliance in place of formal court action and compliance through court action. Penalties for contraventions of the Act include liability for costs, fines, imprisonment, alternative measures agreements and forfeiture of proceeds from illegal activities.

7.3.1 Training and Designation of Enforcement Officers

Environment Canada’s enforcement actions under SARA are carried out by trained and designated wildlife enforcement officers and are coordinated regionally by a SARA enforcement coordinator. Environment Canada designated 12 persons as enforcement officers under SARA in 2006 and 9 persons in 2007.  By 2007, there were a total of 21 wildlife enforcement officers under SARA.

Fisheries and Oceans Canada’s compliance and enforcement actions under SARA are carried out by fishery officers (over 600 officers by 2007) who have been trained and designated as enforcement officers under SARA. Fishery Officers are supported by regional and national coordination for SARA enforcement activities and incorporate the SARA compliance program activities into their other duties under the Fisheries Act and other legislation and regulations. In 2007, fishery officers from Central and Arctic Region, Quebec Region and Gulf Region received specialized training to aid in the release of entrapped or entangled whales. 

In 2006, the Parks Canada Agency finalized its national training strategy. The Agency modified and enhanced its training course in 2006, resulting in a training success rate of 93% for the year. In 2006 and 2007, the Agency trained approximately 110 park wardens in both 2006 and 2007, bringing the total number of park wardens trained as enforcement officers since 2005 to 185. 

In May 2007, as a result of a Canada Labour Code Part II Direction, park wardens within the Parks Canada Agency were removed from their law enforcement duties. To ensure that enforcement capacity was still in place to deal with species at risk on lands and waters administered by the Agency, a partnership agreement was initiated with Environment Canada. Throughout 2006 and 2007, the Parks Canada Agency continued to contribute to the development of inter-departmental species at risk processes and guidance documents regarding enforcement and compliance.

7.3.2 Enforcement Tracking Systems

Fisheries and Oceans Canada tracks enforcement activities through a Fisheries Enforcement Activity Tracking System. Fishery officers across Canada dedicated a total of 16,860 hours in 2006 and 16,196 hours in 2007 to operational planning, patrols and inspections, investigations, court and other duties related to enforcing the prohibitions of SARA.  Monitoring and patrolling can occur as part of regular fishery officer duties or can be targeted specifically at potential human threats to aquatic species at risk, such as fishing and eco-tourism (e.g. whale watching). Fishery officers recorded a total of 99 occurrences for the 2006 across Canada related to aquatic species at risk, resulting in a range of responses from inspections to investigations of suspected violations. An occurrence is defined as a reported or observed incident which is a potential violation of any act or regulation which falls under the mandate of a Canadian fishery officer.

The Parks Canada Agency uses an Occurrence Tracking System to track compliance promotion and enforcement activities, which includes querying and reporting functions for species at risk. During 2006 and 2007, the Agency improved the tracking system by defining data collection standards and making technical improvements.

7.3.3 Inspections

In March 2006, Environment Canada developed its first annual National Inspection Plan for the wildlife acts and regulations it enforces, including SARA. Some of the specific considerations in setting priorities and identifying planned activities include significance of trade, preservation of global and Canadian biodiversity, geographical scale, operational complexity and capacity, type of activity, and the compliance history, size and nature of the regulated community.

In both 2006–07 and 2007–08, Environment Canada’s National Inspection Plan identified high priority activities under SARA as:

• responses to third party complaints and referrals, including requests for investigations made under S. 93 of SARA;
• inspections of critical habitat identified on federal land in recovery strategies; and
• inspections related to emergency orders.

Environment Canada received and responded to two complaints regarding alleged SARA violations in 2006–07 and three complaints in 2007–08.

Environment Canada conducted several patrols in 2006 and 2007, including: patrols of piping plover nesting areas in the Magdalene Islands (Quebec), in cooperation with the province; patrols of Wellers Bay and Mississippi Lake National Wildlife Areas and piping plover nesting areas on Sauble Beach (Ontario); a joint patrol with the province in southwestern Nova Scotia, as well as patrols of New Brunswick’s Acadian peninsula, southeastern New Brunswick and southwestern Nova Scotia.

7.3.4 Investigations

In 2006, Environment Canada initiated several investigations. Regional highlights include:

• Atlantic Region investigated possible off-road vehicle use that could impact Piping Plovers in  northeastern New Brunswick.
• Quebec Region investigated a complaint concerning a construction project in the Bas St-Laurent Region but found that no offence had been committed. An investigation of the destruction of Piping Plover nests by all terrain vehicles yielded insufficient evidence. An investigation concerning the destruction of endangered Butternut trees in a National Wildlife Area was not prosecuted. 
• Ontario Region referred a complaint to the province for investigation, regarding the killing of an Eastern Massasauga Rattlesnake along the Lake Huron shore of the Bruce Peninsula.on private property.
• Prairie and Northern Region investigated the destruction of Small Flowered Sand Verbena during a road maintenance and grading operation on federal land in Alberta. The Crown decided not to go forward with charges, as the disturbance resulted in an increase of the population. Officers responded to several reports of other potential violations, however the actions occurred on private or provincial land, where SARA did not apply.
• Pacific and Yukon Region investigated a report regarding the destruction of Deltoid Balsam Root through development activities. While SARA did not apply in this case, the officers recovered and relocated the remnants of the affected plants.

In 2007, Environment Canada initiated several investigations and laid one charge. Regional highlights include:

• Atlantic Region conducted two investigations regarding damage and disturbance of Piping Plover nests by vehicles on New Brunswick’s Acadian Peninsula. Five charges were laid under the provincial trespass act following a joint investigation in one of the cases by the New Brunswick Department of Natural Resources.
• Ontario Region conducted two investigations involving the capture and possession of Spotted Turtles and Blanding's Turtles at Walpole Island First Nations, resulting in two individuals being charged.
• Quebec Region investigated two complaints concerning the destruction of Piping Plover nests in the Magdalene Islands. There was insufficient evidence to proceed with charges in one case and the second complaint turned out to be unfounded.
• Prairie and Northern Region conducted several investigations following complaints regarding Small White Lady Slipper orchids and Western Prairie Fringed orchids as well as the loss of bird habitat. It was found that neither SARA nor the Migratory Birds Convention Act applied in these cases.
• The Pacific and Yukon Region executed two search warrants and an investigation related to the harassment of a Yellow-breasted Chat.
• The Ontario Region conducted two investigations for the Parks Canada Agency regarding the alleged killing of two Eastern Massasauga Rattlesnakes in Bruce Peninsula National Park. In both cases, it was found that the incidents took place on provincial lands.

In 2007 Fisheries and Oceans Canada issued 15 warnings and laid two charges.  There were no formal requests for investigations of alleged offences under Section 93 of SARA in 2006 or 2007. In 2006, Pacific Region fishery officers detected a major violation following monitoring of a suspected illegal harvesting operation of Northern Abalone. This largest abalone poaching conviction in Canada’s history resulted in the conviction of a number of individuals, with resulting fines and forfeitures of more than $150,000.