Question Period Note: Boreal Caribou

Boreal Caribou

• The Government of Canada is committed to the protection and recovery of Canada’s species at risk, using sound science, traditional knowledge, collaboration, and robust recovery measures.
• Wildlife conservation is primarily the responsibility of provinces and territories. The Species at Risk Act provides various tools—both regulatory and stewardship-based—for the Government of Canada to support the protection and recovery of boreal caribou.
• In June 2019, the Government of Canada published an order to protect critical habitat for boreal caribou on federally administered lands.
• Enabled by the historic investment in nature from Budget 2018, on-the-ground caribou conservation action is actively underway across the country.
• The Government of Canada continues to work with provinces, territories, and Indigenous Peoples to finalize conservation agreements. Five conservation agreements have been finalized to date, and efforts are underway to finalize five more agreements.
• The Government of Canada is committed to working with all partners to protect and recover the iconic caribou, across Canada.

There are approximately 1.5 million caribou of various types in Canada. Despite the overall number of caribou, several subspecies/populations – including boreal caribou – have been listed as at risk under the federal Species at Risk Act (SARA) due to large or rapid declines in numbers observed over the last 20-30 years. These declines are attributed to past and present human activities, which are increasing at an accelerated rate in some parts of the country.

The day-to-day management of caribou is primarily a matter of provincial/territorial jurisdiction. The federal government is responsible for caribou conservation on federal lands (e.g. National Parks) and has certain responsibilities when a subspecies/population is listed under SARA. SARA provides the overarching framework for recovering species at risk in Canada, and is designed to complement provincial/territorial legislation where it exists.

Budget 2018
As a result of Budget 2018 and the historic investment of species at risk via the Canada Nature Fund, the Department has advanced a number of on-the-ground initiatives to support the conservation and protection of boreal caribou.
This fiscal year (2019/20), the Government of Canada allocated over $7.2 million to support provinces and territories, and over $14 million to 58 Indigenous and stakeholder-led projects, with protection and recovery initiatives for boreal caribou. The funding will support a variety of actions, including landscape-level planning, habitat protection, habitat and population management, monitoring, Traditional Knowledge gathering and integration, and capacity building.
Conservation Agreements
The purpose of the agreements is to provide an overall framework for establishing formal commitments to undertake conservation actions to benefit boreal caribou and its critical habitat across their Canadian distribution, including both short-term and long-term actions. Notably, agreements have been signed with five provinces and territories including Saskatchewan, Quebec, Newfoundland and Labrador, Northwest Territories, and a multi-partite agreement with the Yukon Government, the First Nation of Na-Cho Nyäk Dun and the Gwich’in Tribal Council. Two Agreements-in-Principle have been developed with Alberta and with Cold Lake First Nations respectively. The Department is working with Alberta and Cold Lake First Nations to address the comments received during the public comment period and finalize the agreements. ECCC officials are also continuing to work with the Governments of Ontario and Manitoba, as well as with Mikisew Cree and Athabasca Cree First Nations to complete draft agreements.

SARA Section 58 Protection Order
SARA requires the protection of critical habitat on federal lands, 180 days after it is identified in a final recovery strategy. The boreal caribou recovery strategy was finalized in 2012, and identified critical habitat, some of which occurs on federal land. An order to protect boreal caribou critical habitat on federally-administered lands was published on the Species at Risk Public Registry on June 26, 2019. The order does not apply to reserve lands set out under the Indian Act or devolved lands in the territories. The Department is working collaboratively on a path forward for the protection of critical habitat on Indian Act lands and on devolved lands, in the spirit of devolution.

SARA Section 61 Protection Order (Litigation)
On January 24, 2019, Ecojustice filed a lawsuit against the Minister on behalf of the Athabasca Chipewyan and Mikisew Cree First Nations, Alberta Wilderness Association, and the David Suzuki Foundation (the “Applicants”). The lawsuit alleges that the Minister has failed to recommend an order to the Governor in Council (GiC), under SARA s.61, to protect boreal caribou critical habitat in five ranges in northeast Alberta. The Applicants are seeking an order declaring that the Minister failed in her obligations, a mandamus for her to make the recommendation to GiC, and court-associated costs. The Federal Court is likely to hear the case in late Fall 2019 or early 2020. Ecojustice also raised the possibility of pursuing legal action in two ranges in northwestern Ontario.

Question Period notes as provided by the Department to the Minister’s Office