Which laws apply to species at risk in Alberta?

In Alberta, the culmination of the history of species at risk/habitat law can be found in the Wildlife Act. This is the primary provincial law governing species and species at risk. [1] Alberta is one of seven Canadian jurisdictions that have not yet enacted dedicated endangered species legislation. Rather, in order to comply with the requirements that came with joining the National Accord for the Protection of Species at Risk, Alberta simply changed sections of the existing Wildlife Act to add rules for the designation and protection of endangered species. [2]

One important provision in the Wildlife Act is Section 36(1) which is a prohibition against willfully molesting, disturbing or destroying the house, nest, or den of an endangered animal. [3]

Unfortunately, the usefulness of this section is restricted by the inclusion of the word ‘willfulness’. This language means that accidentally destroying an animal’s den or home (even the den or home of an animal considered to be at risk), for example through industrial development, could not be prosecuted under this section. Additionally, this section focuses only on the protection of individual animals rather than the protection of a species.

Furthermore, because the Wildlife Act was originally a hunting regulation, it continues to be more concerned with hunting without proper licenses than it is with the protection, or lack thereof, of at risk species. For example, after the identification of a species as being ‘at risk’, the Wildlife Act provides for the option of a recovery plan. [4] A recovery plan is meant to address the best ways to increase the species’ population. Unfortunately, there is no obligation for the Minister to provide a recovery plan, nor is there any requirement that a recovery plan include the identification of a species’ critical habitat. [5] Identification of critical habitat is important because it can help to ensure that populations remain stable into the future. Simply protecting individual species is relatively fruitless unless they have somewhere to live. The Wildlife Act leaves a lot of discretion up to the current government and does not provide enough certainty or predictability to ensure that species get the help they need.

The limitations embedded in the Wildlife Act mean that although legislation for species protection exists in Alberta, enforcement is still a huge issue. This is in part because government response to calls for more enforcement measures has led to the development of non-enforceable policy, [6] rather than to a revision of the existing legislation or the creation of a dedicated species at risk statute.

Some of Alberta’s stated policy includes enumerated ‘Species at Risk Strategies’.[7] The basic outline of these steps set out in this strategy is listed below:

i. General Status Assessment: This step provides an initial assessment of the well-being of wild species populations. This is done to determine conservation and management priorities.

ii. Detailed Status Assessment: This assessment is prepared for those species suspected to be at risk and helps to determine whether the species should be considered for designation as either threatened, species of special concern, or data deficient.

iii. Legal Designation: If a species receives a detailed classification after the detailed status assessment, they can be included in the Wildlife Regulation.[8] Once they are listed, they can receive protection and any plans for recovery must be initiated. It is in this step, where the lack of legislative timelines as well as the lack of any legislative definition of ‘habitat’ under the Wildlife Act becomes a problem. Government policy provides an opportunity for the Minister to require that a recovery plan be initiated, however, it is not mandatory nor does it include a deadline by which to do so. Without a deadline for when this plan must be completed, recovery efforts can be drawn out for years, sometimes to the point where populations can no longer recover.

iv. Recovery Planning: These plans are developed for species that are listed as either Threatened or Endangered. The overall goal of any recovery plan is to ensure the species’ long-term survival in the wild.

v. Prevention: This program includes the development of management plans for Species of Special Concern and emphasizes strategies to prevent species designated as Special Concern, from being upgraded to Endangered or Threatened. Inventory and research can also be done on species that are listed as Data Deficient, often in an attempt to get more information and to eventually classify those animals in the correct category.

vi. Implementation: This is the execution of actions that were recommended in the prevention or recovery plans. [9]

These policies can help steer decision making, but they cannot be easily enforced, are easily changed, and leave a lot of room for discretion.

<< A Brief History of Species at Risk or Habitat Law in Canada

Which laws apply to species at risk in Canada? >>

[1] Wildlife Act, RSA 2000, c W-10. 

[2] Shaun Fluker & Jocelyn Stacey, “The Basics of Species at Risk Legislation in Alberta” (2012) 50:1 95 at 97.

[3] Wildlife Act,  s 36(1).

[4] Wildlife Act,  s 6.

[5] Wildlife Act, s 6(3).

[6] “Species at Risk Alberta, A Guide to Endangered and Threatened Species and Species of Special Concern in Alberta – Version 2”, Alberta Environment and Sustainable Resource Development 2 (2015) online: https://open.alberta.ca/dataset/d5f03916-aa1a-4c37-acee-354e69a479f0/resource/6b2c4da7-c933-410e-a6c0-575e7c6361c9/download/SpeciesAtRiskGuide-Jan-2015.pdf.

[7] Alberta Environment and Parks, “Alberta’s Species at Risk Strategies” (17 August 2018) Government of Alberta online: https://www.alberta.ca/albertas-species-at-risk-strategies.aspx?utm_source=redirector.  

[8] Wildlife Regulation, Alta Reg 143/1997.

[9] Species at Risk Alberta, “A Guide to Endangered and Threatened Species and Species of Special Concern in Alberta – Version 2” at 5.

 

 

 

 

Species Law

Lesson Plan: Fundamentals of Environmental Law
Lesson Plan: Canadian Charter of Rights and Freedoms
Lesson Plan: Tragedy of the Commons
Lesson Plan: Climate Litigation

Curriculum Connections

Newsletter

Join our new AlbertaEnviroLaws Facebook group to ask questions, participate in discussions and other online engagement. Please share this widely so that the high school teachers and students in your circles hear about this great new resource for supplemental online learning. AlbertaEnviroLaws Facebook Group