FAQs
Frequently Asked Questions
WHAT IS THE ROLE OF NACOSAR?
The role of National Aboriginal Council on Species At Risk (NACOSAR) is to advise the Minister of Environment on the administration of the Act and to provide advice and recommendations to the Canadian Endangered Species Conservation Council (CESCC) as set out in section 8(1) of the Act.WHAT IS THE STRUCTURE OF NACOSAR?
NACOSAR is made up of six representatives of the Aboriginal peoples of Canada who are appointed by the Minister for two-year terms and may be reappointed. The members select a Chair from among the membership. It meets at least four times a year and once with the Minister. Administration services and technical support for NACOSAR are provided by a secretariat in Environment Canada.WHAT ARE THE FUNCTIONS OF NACOSAR?
NACOSAR may provide advice to the Minister on any aspect of the administration of the Species at Risk Act. For instance, issues concerning:
NACOSAR may also provide advice and recommendations to the CESCC on matters within its jurisdiction. For instance, issues concerning:
Mindful of its budget and in conjunction with other functions, NACOSAR may also:
HOW IS NACOSAR FUNDED?
NACOSAR must prepare an annual report for review and approval by the Minister of Environment. Environment Canada is committed to providing adequate financial support for NACOSAR. NACOSAR is currently not permitted to roll-over funds from one year to the next and must spend its budget as allotted by the Minister and Environment Canada.
HOW DOES SARA RECOGNIZE ABORIGINAL PEOPLES?
SARA is the first Canadian legislation to recognize the roles of the Aboriginal peoples of Canada and of Wildlife Management Boards in the conservation of wildlife are essential. As well SARA acknowledged the importance of Aboriginal Traditional Knowledge (ATK) in the assessment of species and in developing and implementing recovery measures.
WHAT IS THE SARA NON-DEROGATION CLAUSE?
The point of a non-derogation clause is to ensure that the Act in which it appears does not infringe any Aboriginal or Treaty Rights. In SARA this is section 3 that states:
"For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection of aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982" SARA s.3.
WHAT IS THE PURPOSE SARA?
The purpose of SARA is found in section 6:
WHO ARE THE SARA AUTHORITIES?
SARA gives authority to various bodies under the following sections:
SARA s.27 The Governor in Council (GIC)
SARA s.7(1) The Canadian Endangered Species Conservation Council (CESCC)
SARA s.2(1) Two competent Ministers (Environment and Fisheries)
SARA sections 14&15 The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) SARA sections14 &15.
* SARA sections 59(5) & 71(2) The Minister of Indian Affairs and affected bands must be consulted on the creation of regulations under SARA.
WHAT IS THE SARA PROCEDURE FOR PROTECTING SPECIES?
The SARA Listing process is a 3 step process:
Step 1: Assessment and Classification
SARA s.15(1) COSEWIC assesses a wildlife species it considers to potentially be at risk and classifies the species as extinct, extirpated, endangered, threatened, or of special concern.
Alternately, COSEWIC may indicate:
a. it has insufficient information to classify the species s.15(1); or
b. the species is not currently at risk s.15(1).
Under SARA s.15(3) COSEWIC must take into account applicable provisions of Treaty and Land Claims Agreements and on the basis of the best available scientific, community and Aboriginal Traditional Knowledge SARA s.15(2).
SARA s.25(1) requires that COSEWIC must provide each completed assessment to the Minister of the Environment (Minister) and the Canadian Endangered Species Conservation Council.
Step 2: Legal Listing of the Species
The GIC may under SARA s.27(1), on the Minister’s recommendation, accept the COSEWIC assessment and place the species on Schedule 1 of SARA, which is the List of Wildlife Species at Risk (Legal List).
For species found in Land Claim areas the Minister must "consult" with Wildlife Management Boards before making a listing recommendation to the GIC under SARA s.27(2)(c) & relevant Land Claim Agreements.
A listing of extirpated (extinct), endangered or threatened automatically triggers a number of restrictions and recovery measures found in SARA under sections 32 to 64.
Subject to limited exceptions, no person is permitted to kill, capture, possess, sell, etc. a species listed as extirpated, endangered or threatened, SARA s.32. Likewise, no person is permitted to destroy the residence or any part of the critical habitat of such a species, SARA sections 33, 58(1), 60(1) & 61(1).
These prohibitions generally do not apply to provincial and territorial lands, except for aquatic species and protected migratory birds under SARA s.34 & 35.
The SARA prohibitions may be applied to provincial and territorial lands under specific circumstances (see SARA sections 34, 35, 58, 59, 61 & 71). These prohibitions do not apply to a person "engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement" s.83(3).
The prohibition against possession does not apply to an Aboriginal person, if that person uses the animal or plant "for ceremonial or medicinal purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an Aboriginal person" under SARA s.83(5)(b).
These prohibitions also do not apply to a person engaging in activities permitted by a SARA recovery strategy, action plan or management plan, and who is authorized under an Act of Parliament to engage in that activity, SARA s.83(4).
It is important to ask whether status reports include the best available Aboriginal Traditional Knowledge, see SARA sections 15(2), 15(3), 21(1), 130(1), & 130(6). Status reports are based on COSEWIC assessments.
SARA s.27(2) requires that adequate consultations are carried out before a listing decision is made.
Step 3: Management or Recovery Plan for the Species
If a species is listed as extirpated, endangered or threatened, the Minister must prepare a recovery strategy, and one or more action plans based on the strategy in accordance with SARA sections 37(1) & 47.
SARA s.65 requires that if a species is listed as one of special concern, the Minister must prepare a management plan for the species and its habitat.
To the extent possible each strategy, action plan, and management plan must be prepared in cooperation with the relevant Wildlife Management Board and every Aboriginal organization directly affected by it under SARA sections 39(1), 48(1) & 66(1).
To the extent that a strategy, action plan, or management plan will apply in a Land Claims area, it must be prepared in accordance with the terms of the applicable Land Claims Agreement, SARA sections 39(2), 48(2) & 66(2).
HOW DOES SARA RECOVER LISTED SPECIES?
The Minister may establish a stewardship action plan, SARA s.10(1), which creates incentives and other measures to support voluntary stewardship actions.
A competent Minister may enter into a conservation agreement under SARA s.11 and accompanying funding agreement, SARA 13(1), with any government in Canada, organization or person for the conservation of a species at risk, or another species.
HOW DOES SARA PROTECT CRITICAL HABITAT?
Following consultation the competent Minister may establish codes of practice, national standards or guidelines with respect to the protection of critical habitat under SARA s.56.
DOES SARA PROVIDE COMPENSATION?
The Minister may provide compensation to any person for "extraordinary impact" losses suffered because of critical habitat protection measures under SARA s.64.
DOES SARA CREATE ANY REGULATIONS THAT ABORIGINAL PEOPLES SHOULD BE CONCERNCED ABOUT?
SARA allows government to make up to 14 different sets of regulations, all of which are of particular interest to Aboriginal peoples:
HOW DOES SARA ENFORCE ITS PROHIBITIONS AND RESTRICTIONS?
SARA sections 86 & 87 include extensive enforcement powers, including inspections, searches and seizures.
An Enforcement Officer may not enter a dwelling place except with consent or under the authority of a warrant under SARA s.86(3).
Punishment for offenses under SARA sections 108 & 109 can include prison terms and fines of up to $250,000 for individuals and $1,000,000 for corporations.
SARA also includes the possibility of applying alternative measures, subject to certain pre-conditions, SARA sections 108-119.
WHERE DO I FIND MORE INFORMATION ABOUT SARA?
The Minister must establish a Public Registry to facilitate access to most documents relating to SARA under sections 120-125.
SARA Public Registry: www.sararegistry.gc.ca
HOW DOES THE MINISTER KNOW IF SARA IS EFFECTIVE?
SARA has in place a number of reporting requirements:
WHAT IS THE ABORIGINAL TRADITIONAL KNOWLEDGE (ATK) SUBCOMMITTEE?
SARA section 18(1) creates the Aboriginal Traditional Knowledge Subcommittee on Species at Risk, of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC).
The Aboriginal Traditional Knowledge Sub-Committee (ATK-SC) provides expertise on Aboriginal Traditional Knowledge (ATK) in conducting COSEWIC assessments and reports, and to assist in the incorporation of this knowledge into COSEWIC’s species status assessment and classification processes. The role of the ATK-SC can be critically important to First Nations in ensuring that First Nations have had an opportunity to be:
The Subcommittee has at least 9 members, including 2 co-chairs.
The ATK Subcommittee is helped by:
The ATK Subcommittee’s functions include:
For more information on the ATK Subcommittee visit the COSEWIC website at: http://www.cosewic.gc.ca
