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WHAT IS SARA?. Bill C-5 is an Act of Conservation It is based on Canada’s commitment to the Convention of Biological Diversity It applies to all Federal Lands in Canada including 91 (24) Reserve lands Reserve lands are host to 40% of all listed terrestrial species in Canada
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WHAT IS SARA? • Bill C-5 is an Act of Conservation • It is based on Canada’s commitment to the Convention of Biological Diversity • It applies to all Federal Lands in Canada including 91 (24) Reserve lands • Reserve lands are host to 40% of all listed terrestrial species in Canada • Federal Reserve lands only account for less than one half percent of Canada’s total land mass.
APPLICATION OF SARA • Bill C-5 applies only to species deemed to be of National importance • Applies to terrestrial and aquatic species • Compensation is indentified but undefined in Bill C-5 • Calls on all Provinces and territories to harmonize their species protection legislative with SARA. (NAPESR) • CEAA is the trigger mechanism for Bill C-5
Convention of Biological Diversity Process for listing of Speciesunder Bill C-5 The National Accord for the Protection of Species at Risk Parks Canada Environment Canada Fisheries and Oceans Canada Recovery of Nationally Endangered Wildlife (RENEW) Canadian Endangered Species Conservation Council (CESCC) National Aboriginal Council on Species at Risk (NACOSAR) Recovery Teams Committee on the Status of Endangered Wildlife in Canada (COSEWIC) Sub Committee’s comprised of species Specials Recovery Action Teams Aquatic and Terrestrial Species
ABORIGINAL INVOLVEMENT • NACOSAR advises and recommends to both the Minister and CESCC • Aboriginal Traditional Knowledge Sub Committee to COSEWIC • Inclusion of affected communities in the development of Recovery Plans is a necessary requirement • Consultation and Accomodation of interests are factors in final decision to list
Parks Canada Environment Canada Fisheries and Oceans Canada Recovery Team (Advisory) COSEWIC ATK Sub committee Ecological Zone Specialists Lead Aboriginal Organizations Recovery Action Groups (Open) Local Communities Legislated involvement of Effected Community Indian and Northern Affairs Canada RENEW CESCC NACOSAR Target threats, Critical Habitat How to get there
What triggers SARA • SARA is triggered the Canadian Environmental Assessment Act (CEAA) • SARA is triggered the requirement to conduct an Environmental Impact Assessment on proposed projects on federal lands • Proposed changes to Section 2(1), Section 5(1)(Govt’s) and Section 10(1)(Councils)
Are there other Acts that triggers SARA? • Under section 60(1) a provincial listing of a specie which has identified habitat and maybe found on federal lands has protection under SARA • Applies only to the portions of the habitat that the Governor in Council may, on the recommendation of the competent minister, by order, specify.
POTENTIAL IMPACTS • Compensation may not reflect true value associated with listing of specie or loss of use of lands indentified as critical habitat • Other federal acts or policy may conflict with agreed upon compensation measures • Conservation and safety can override rights and access to resources • SARA can conflict with Aboriginal population growth and future land use
What are the ramifications? • Section 91(24) can be affected by federal and provincial listing of species • Reserve lands account for less than .36 of one percent of BC’s landmass • Nationally 51% of our population is under 18 years of age • 65% of our present population is between 15-64 years of age
Potential Advantages • Adds to definition and recognition of aboriginal government’s right to participate in the management of natural resources • COSEWIC recommendations are strengthened by aboriginal rights to protect culturally and commercially important species and identified critical habitat • Will provide leverage to influence Provincial resource management practices