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Goal
#4: Legislation
This fourth goal of
the Strategy encourages governments to maintain or develop incentives
and legislation that support the conservation of biodiversity
and the sustainable use of biological resources. We briefly present
some of the major laws that are relevant to conservation of biodiversity.
(Environment
Canada, 1997)
Endangered
Species Act (ESA)
At
the present time, Canada has no law to protect endangered species.
Although a bill (C-65) was introduced into Parliament in 1996
which aimed to prevent extinction and extirpation of Canadian
species and to promote the recovery of species in trouble, the
bill did not pass. Bill C-65 generated a lot of controversy because
many felt that it did not protect wildlife not found on federal
lands and because of a provision that allowed Cabinet members
to override the recommendations of COSEWIC in appointing species
to the list. For more information about Bill C-65, we refer the
reader to the webpage of the Canadian
Endangered Species Coalition.
The current Liberal
government has stated that it is committed to "legislation to
identify, protect, and recover those species at risk within federal
jurisdiction" (Liberal Plan 1997). The government is currently
preparing a new draft of the Bill.
(Canadian
Endangered Species Coalition)
National
Accord for the Protection of Species at Risk
In most parts of Canada,
endangered species receive little or no legal protection.
In October 1996, Canada's
federal, provincial and territorial Ministers responsible for
wildlife agreed in principle to the National Accord for the Protection
of Species at Risk. The Accord commits jurisdictions to developing
legislation and programs to meet 14 specific criteria which together
will provide basic protection for endangered species (and their
habitats) across Canada.
(Canadian
Endangered Species Coalition)
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Provincial Governments have ESAs
Most of Canada's 13
governments (federal, 10 provincial, 2 territorial) have not yet
fulfilled the requirements of the National Accord. The federal
government has no specific legislation in place to protect endangered
species and the same is true for most provincial and territorial
governments.
Manitoba, Ontario,
Quebec and New Brunswick have endangered species acts (ESAs) but
all four require amendment to fully meet the goals of the Accord
and the needs of species at risk.
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provinces have some species protective legislation
Saskatchewan recently
passed a new Wildlife Act which allows, but does not require,
fulfilment of most of the criteria of the National Accord. P.E.I.
and Nova Scotia have both introduced new legislation providing
the species at risk which, if passed, would serve to significantly
improve the provinces' protection efforts. (Canadian
Endangered Species Coalition)
The
other provinces and territories and the federal government currently
have no ESAs
The Yukon, Newfoundland,
and the Northwest Territories have each stated the legislation
for species at risk, currently lacking, will soon be developed.
Alberta and B.C. have both indicated that
they do not intend to pass specific legislation protecting endangered
species; these two jurisdictions currently have only general wildlife
legislation in place which fulfills few of the requirements of
the Accord.
Nationwide, existing
laws do not combine to give Canada's endangered species adequate
legal protection. Debates over which level of government is responsible
for protecting species at risk has stalled action. The federal
government has not yet taken a leadership role in establishing
a legal safety net to ensure effective protection for all endangered
species across Canada.
Some provincial governments
have made significant improvements in their laws in recent years. But,
the gaps that remain are enormous and, as a country, Canada is failing
to meet its national and international commitments to protect species
at risk. (Canadian
Endangered Species Coalition)
Canadian
Envionmental Protection Act (CEPA)
An Act respecting pollution
prevention and the protection of the environment and human health
in order to contribute to sustainable development. The Act was passed
in 1988 and legislation was introduced in March of 1998 to amend
the CEPA.
Although the main focus of
CEPA is pollution prevention and management of toxic substances some
provisions of the proposed amendments may contribute to conservation
of biodiversity. For example, CEPA will include provisions to protect
the marine environment from sources of land-based pollution (habitat
protection). (CEPA Homepage)
Migratory
Birds Convention Act (MBCA)
The Migratory Birds
Convention Act, 1994 and its regulations protect migratory birds,
their eggs and nests. The Act regulates hunting, prevents trafficking
and commercialization, and controls the uses of migratory birds
through permits.
This is the most important
law protecting birds in Canada. The Migratory Birds Convention
Act (MBCA) was completely updated for the first time in June,
1994. The new Act strengthens the enforcement provisions and significantly
increases the penalties. The original MBCA was passed in 1917
to meet the terms of an agreement signed with the United States
to protect birds such as waterfowl and shorebirds, which were
being subjected to uncontrolled hunting.
Also included were
"good" birds such as most songbirds, considered beneficial to
humans because they eat insects and weed seeds.
However, birds deemed
at that time to be vermin or harmful to humans such as hawks,
owls, crows and cormorants were left under provincial jurisdiction!
Under this Act, the federal
government can designate an area of importance to migratory birds as
a Migratory Bird Refuge, to limit hunting and physical disturbance.
Canada
Wildlife Act
In 1973 the Canada
Wildlife Act was passed to authorize the establishment of refuges
known as National Wildlife Areas in which migratory birds, other
wildlife, and habitat could receive protection.
Migratory Bird Sanctuaries
protect migratory birds against physical disturbance and hunting, which
was the main threat in the early part of the century. By the 1960s and
1970s, the biggest threat to migratory birds, and other wildlife, was
habitat alteration and destruction. Critical wildlife habitats, particularly
wetlands, were being lost at an alarming rate. The MBCA did not have
the jurisdiction to protect habitat or species other than migratory
birds.
The purpose of National Wildlife
Areas, as set out in the Canada Wildlife Act, is to conserve essential
habitat for migratory birds and other wildlife species, especially endangered
wildlife. In 1996 there were 48 NWAs protecting approximately 489 332
hectares of habitat. (Environment
Canada website)
Wild
Animal and Plant Protection and Regulation of International and Interprovincial
Trade Act (WAPPRIITA)
The Wild Animal and
Plant Protection and Regulation of International and Interprovincial
Trade Act enforces tighter controls on the illegal trade of wildlife
and plants, and prohibits trafficking of endangered species.
WAPPRIITA will prohibit
any commercial trade in endangered species. For less threatened
species, trade will be carefully monitored and regulated through
a permit system. In addition to contributing to the conservation
of Canadian and foreign wild species, it is designed to protect
Canadian ecosystems from the introduction of undesirable species
that could harm Canadian species.
WAPPRIITA consolidates
existing federal trade controls. No new or additional permits
are required for international or interprovincial trade in wild
specimens.
Under WAPPRIITA, a person
can be prosecuted anywhere in Canada for contravening a provincial law,
as well as for violating foreign legislation. In addition, all wild
animal and plant species are protected, whereas previously, only game
species and species listed in CITES were protected. The legislation
provides for moreeffective and efficient enforcement and sets higher
penalties for failure to comply with the regulations. (WAPPRIITA
homepage)
Canada
Oceans Act
Canada Oceans Act was
passed by Parliament in January, 1997. The Act gives Canada authority
over an Exclusive Economic Zone (EEZ) covering almost five million
square kilometers of the Atlantic, Pacific and Arctic Oceans.
Canada's jurisdiction will cover economic activity,
scientific research and protection and preservation of the marine
environment. (DFO communique, Sept 25, 1995)
Implications
for biodiversity conservation:
The act outlines a
new ecosystems-based approach to marine resource management called
the Oceans Management Strategy (OMS) which consolidates federal
management of oceans and coasts. Under the Oceans Act, Marine
Protected Areas may be created for the purpose of conserving living
marine resources that are of interest economically, threatened
or endangered and that are areas of high or unique biodiversity.
(Sierra Club of Canada Rio Report Card 97; Environment
Canada, 1998)
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