Question Period Note: Tabling of the Commissioner of the Environment and Sustainable Development’s Spring 2023 Reports

The Commissioner of the Environment and Sustainable Development is tabling the Spring 2023 Reports on April 20, 2023. Two of five Reports implicate Fisheries and Oceans Canada: Report 1: Safety Net and Emergency Order Provisions to Protect Species at Risk on Non-Federal Lands; and , Report 5: Performance Audit of Species at Risk, Follow-up Audit.

• The Commissioner has provided parliamentarians and Canadians with analysis and recommendations on the government's efforts to protect species at risk through the use of discretionary powers and its ability to meet legislated timelines for developing recovery documents and progress reports.
• Fisheries and Oceans Canada is committed to working in close collaboration with Environment and Climate Change Canada, Parks Canada, Indigenous peoples, provinces and territories, and stakeholders to support the government's commitments to halting and reversing biodiversity loss.
• I agree with the recommendations put forward by the Commissioner as they apply to my Department, and we will continue to take action to enhance the protection and recovery of Canada’s aquatic species at risk.

• On behalf of the Auditor General, the Commissioner of the Environment and Sustainable Development (CESD) conducts performance audits, and is responsible for: monitoring sustainable development strategies of federal departments; overseeing the environmental petitions process; and auditing the federal government’s management of environmental and sustainable development issues.
• The audit on Safety Net and Emergency Order Provisions to Protect Species at Risk on Non-Federal Lands and the audit on Recovery of Species at Risk – follow up audit are the final two of four total CESD audits related to species at risk conducted between 2021 and 2023.
• Both of the CESD Spring 2023 reports that implicate Fisheries and Oceans Canada (DFO) will be tabled in Parliament on April 20, 2023.
• Previously, in the fall of 2022, the CESD tabled two audits related to species at risk: the audit on Protecting Aquatic Species at Risk and the audit on Departmental Progress in Implementing Sustainable Development Strategies – Species at Risk Target under the Healthy Wildlife Populations Goal.
• The audit on Safety Net and Emergency Order Provisions to Protect Species at Risk on Non-Federal Lands concluded that Environment and Climate Change Canada (ECCC) did not have a timely and evidence-based approach to inform the Minister of Environment on the use of discretionary powers to protect terrestrial wildlife species on non-federal lands. The audit identified weaknesses in the approach to support advice on the use of discretionary powers, and incomplete policies and guidelines to do so.
• Although none of the eight recommendations are directed to DFO, three of the eight recommendations implicate the Department in terms of recommending collaboration with ECCC, who is taking the lead on actions to address the recommendations. The Department agrees with the audit recommendations.
• The three recommendations where ECCC should collaborate with provinces and territories with input from DFO and Parks Canada focus on the completion of guidance for developing and updating relevant policies, and collaborating to complete its policies to address specific gaps identified in the report.
• Although DFO will work with ECCC and Parks (as appropriate) to address the three recommendations, only the emergency order provisions could directly impact DFO. Recommendations related to safety net provisions that enable discretionary powers to protect a listed species or a listed species' critical habitat apply to terrestrial species (for which the Minister of Fisheries and Oceans is not a competent Minister).
• The Recovery of Species at Risk – follow up audit concluded that ECCC, DFO, and Parks Canada had backlogs in the development and publication of recovery documents (recovery strategies, management plans, action plans) and progress reports for species listed under the Species at Risk Act, and that the backlogs hindered species recovery.
• The report puts forth one recommendation: that ECCC and DFO, in collaboration with Parks Canada, should determine the priorities, time frames, and resources required to complete outstanding recovery documentation; report publicly on report completion and compliance with Species at Risk Act requirements for recovery documentation; and consider the use of multi-species or ecosystem action plans and progress reports when appropriate.
• As part of the Department’s commitment to continuous improvement and accountability to Canadians, DFO agrees with the audit recommendation and will take actions to address it working with ECCC and Parks Canada, as outlined in the Management Action Plan.

If pressed
• With regards to the audit on recovery of species at risk, I appreciate the assessment of how the Department is working to meet its legislated timelines for the development and publication of recovery documents and progress reports under the Species at Risk Act.
• Fisheries and Oceans Canada is committed to fulfilling its role in the protection and recovery of aquatic species at risk.
• In responding to the audit, my department will continue to develop recovery strategies, action plans, management plans, and progress reports in a timely manner based on robust scientific information.