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 Government has made significant investments in support of enhanced measures to address imminent threats to Southern Resident Killer Whales.
• On March 6, my predecessor along with the former Minister of Environment and Climate Change, announced additional actions to address threats to Southern Resident Killer Whales that build on existing measures. The Government of Canada is proposing to:
o Increase vessel approach distance for Southern Resident Killer Whales to 1,000 metres under the Marine Mammal Regulations;
o Progressively prohibit vessel discharge of washwater from scrubber systems in Southern Resident Killer Whale critical habitat;
o Adjust salmon fishing closures in key areas where Southern Resident Killer Whales forage for food and consider Chinook salmon rolling fishing closures for 2025 and/or 2026; and
o Identify interim underwater noise objectives within Southern Resident Killer Whale critical habitat, which will serve as benchmarks to measure noise level changes over time and guide efforts to reduce underwater noise.
• The Government will consult and engage with Indigenous groups, Wildlife Management Boards, stakeholders, and other potentially affected parties on new regulatory measures, and any adjustments to existing measures.
• The recovery of Southern Resident Killer Whales is a long-term goal and I recognize the contribution of many partners in efforts to support the recovery of this iconic species.

• The Southern Resident Killer Whale was listed on Schedule 1 of the Species at Risk Act (SARA) as Endangered in 2003.
• The former Minister of Fisheries, Oceans and the Canadian Coast Guard and the former Minister of Environment and Climate Change formed the opinion that the Southern Resident Killer Whale population still faces imminent threats 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.
• Key threats to the recovery of Southern Resident Killer Whales include environmental contaminants, acoustic and physical disturbance (including vessel presence and noise), 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.
• Having formed the opinion that imminent threats still exist, the Ministers recommended—as they are obliged to do under SARA—that an Emergency Order be made. The recommendation was developed with all implicated sectors, departments, and agencies. It took into account input from consultations with directly affected First Nations, which began on November 29, 2024 and concluded on January 19, 2025.
• The Government of Canada’s decision was to decline to make an Emergency Order under SARA for the protection of the Southern Resident Killer Whale. It was determined that the most effective approach is to continue to manage human activities using existing legislative tools and non-regulatory measures. The decision took into account social, economic, policy, and other factors, and the broader public interest.
• On March 6, 2025, the former Minister of Fisheries, Oceans and the Canadian Coast Guard and the former Minister of Environment and Climate Change, announced this decision along with proposed additional actions to address threats to Southern Resident Killer Whales that build on existing measures. These include: a) increasing vessel approach distance for Southern Resident Killer Whales to 1,000 metres; b) progressively prohibiting vessel discharge of washwater from scrubber systems in Southern Resident Killer Whales critical habitat; c) adjusting salmon fishing closures in key Southern Resident Killer Whale foraging areas for 2025 and/or 2026; d) considering Chinook salmon rolling fishing closures for 2025 and/or 2026; and e) identifying interim underwater noise objectives within Southern Resident Killer Whales critical habitat, which will serve as benchmarks to measure noise level changes over time and guide efforts to reduce underwater noise.
• In addition, 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. 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, critical habitat, and subset of their habitat range to support the population’s recovery.

If pressed on why an Emergency Order was not pursued
• Based on the opinion that Southern Resident Killer Whales continue to face imminent threats to their survival and recovery, my predecessor, along with the former Minister of Environment and Climate Change, recommended that an Emergency Order be made, as required under the Species at Risk Act. The Government’s decision was not to make an Emergency Order under section 80 of the Species at Risk Act for the protection of the Southern Resident Killer Whale.
• It was determined that the most effective approach is to continue managing human activities using existing legislative tools and non-regulatory measures.
• This decision was informed by available information on threats to the species and the effectiveness of measures and activities that have been taken and continue to be taken by the Government of Canada and others to address the threats to the Southern Resident Killer Whale and its critical habitat. The decision took into account social, economic, policy and other factors, and the broader public interest.