Question Period Note: Protection of the Southern Resident Killer Whale

• The protection of Canada’s species at risk, including the iconic Southern Resident Killer Whale, continues to be a priority for our government.
• Since 2018, the federal government has made significant investments in support of enhanced measures to address imminent threats to Southern Resident Killer Whales.
• There continues to be imminent threats to the survival and recovery of Southern Resident Killer Whales, despite actions taken to address the threats.

Background
• The Minister of Fisheries, Oceans and the Canadian Coast Guard and the Minister of Environment and Climate Change, as competent ministers for the species, have formed the opinion that the Southern Resident Killer Whale population still faces imminent threat to its survival and recovery, despite the measures in place to address the threats.
• This opinion was informed by an updated Imminent Threat Assessment, which outlines and assesses the key threats to the Southern Resident Killer Whales using the best available information, including new information that has become available since the last assessment was completed in 2018. This assessment was published on the Species at Risk Public Registry on November 29, 2024.
• The Southern Resident Killer Whale was listed on Schedule 1 of the Species at Risk Act (SARA) as Endangered in 2003.
• Key threats to the recovery of Southern Resident Killer Whales include environmental contaminants, acoustic and physical disturbance (including vessel presence, noise and ship strikes), and reduced prey availability (including the abundance and accessibility of prey – primarily Chinook salmon).
• Under s. 80 of SARA, the Governor in Council may, on the recommendation of the competent ministers, make an emergency order to provide for the protection of a listed wildlife species. Competent ministers must make an emergency order recommendation if they are of the opinion that the species faces imminent threats to its survival or recovery, unless they are of the opinion that equivalent measures have been undertaken under another Act of Parliament, as per s. 81 of SARA.
• On June 6, 2024, Ecojustice submitted a letter on behalf of environmental non-governmental organizations to the Minister of Fisheries, Oceans and the Canadian Coast Guard and the Minister responsible for Parks Canada (i.e. the Minister of Environment and Climate Change) demanding that greater measures be taken to protect Southern Resident Killer Whales, including the recommendation for a SARA emergency order to address imminent threats to the survival and recovery of the species.
• A similar letter was filed by environmental non-governmental organizations in 2018, followed by a judicial review application, seeking an order to compel the recommendation for an emergency order under s. 80 of SARA. Although the competent ministers concluded that Southern Resident Killer Whales faced imminent threats at the time and recommended an emergency order be made as per SARA, the Governor in Council declined to make an emergency order after concluding other measures had been taken, would continue to be taken, or would be taken to protect the species, and after taking into account social, economic, policy and other factors, and the broader public interest.
• In their current letter, environmental non-governmental organizations state that the status of Southern Resident Killer Whales has worsened since 2018 due to the intensification of threats from additional vessel traffic as a result of the Trans Mountain Expansion (TMX) Project, and anticipated vessel traffic related to the proposed Roberts Banks Terminal 2 and Tilbury Marine Jetty projects.
• Initiatives that address key threats to Southern Resident Killer Whales continue to be delivered through major commitments, such as the Whales Initiative and the Oceans Protection Plan. For example, there are multiple active Notices to Mariners that recommend vessel slow-downs and re-routing to reduce the risk of ship strikes and minimize the impact of noise in critical habitat. The Marine Mammal Regulations under the Fisheries Act were amended in 2018 to better protect marine mammals, including at-risk whales, from human disturbance (including ocean noise), by increasing minimum approach distances. Furthermore, the Department is currently exploring amending approach distances under the Marine Mammal Regulations to provide further protection for Pacific killer whales, including Southern Resident Killer Whales. As part of the suite of Southern Resident Killer Whales management measures implemented since 2018, mandatory fishing closures and vessel measures, as well as additional voluntary measures, are in effect annually in Southern Resident Killer Whales key foraging areas and critical habitat to support the population’s recovery.

If pressed on the next steps

• The Government recognizes the urgency and I am working diligently with my colleague, the Minister of Environment and Climate Change, to evaluate options to address imminent threats to Southern Resident Killer Whales, in addition to the measures that have been implemented over the past number of years.
• Under section 80 of the Species at Risk Act, we must engage the Governor in Council on an emergency order if we are of the opinion that the species faces imminent threats to its survival and recovery, and that there are no equivalent measures taken under another Act of Parliament to protect the species.
• Fisheries and Oceans Canada and Parks Canada will be consulting with directly affected First Nations and Wildlife Management Boards to seek their views on pursuing an Emergency Order. Engagement and consultations began on November 29 and will run until January 19, 2025. Implicated departments will also hear views from stakeholders.

If pressed on who will be consulted on the making of an emergency order for Southern Resident Killer Whale

• The Government of Canada is conducting consultations with potentially affected First Nations to seek views on making an emergency order.
• Prior to the implementation of any potential future regulatory measures, the Government of Canada will conduct further engagement and consultation with directly affected rights- and stake- holders and interested parties to listen to their views on the use of an emergency order