Project risks related to Species at Risk (SAR) policy and legislation can affect all industrial sectors where there is any disturbance to air, land or water, and may apply even when no other permits are being sought.

In Canada, the Species at Risk Act (SARA) is applicable across the country, but not at all locations or on all properties. In Ontario for example, SARA applies on federal land for the most part but there are some triggers where it can be invoked on non-federal land. Alternatively, the provincial Endangered Species Act (ESA) is ubiquitous in Ontario, applicable on all properties and at all times including individuals. However, there are differences in which species are listed on SARA versus ESA. In other provinces, the interaction between SARA and the provincial SAR legislation are different, sometimes with more dependence on SARA.

For most SAR acts, there is protection both for the individuals of the species themselves, and the habitat that they use, even if the habitat is not currently occupied. This can include natural features such as rivers, wetlands or forests, but it can also include constructed features such as bridges and buildings, and even active agricultural, industrial or commercial areas. For SARA, protected habitat is defined as the species residence or the critical habitat if a recovery strategy has been prepared.

There is a defined list of species that are protected under these acts, which are updated frequently. In particular, there were recent updates to SARA. The most recent updates were issued on November 15, 2017 and December 16, 2017 and include the following species:

November 15, 2017

1. 1. Bank Swallow (Riparia riparia)
   2. Barn Swallow (Hirundo rustica)
   3. Bobolink (Dolichonyx oryzivorus)
   4. Cerulean Warbler (Setophaga cerulea)
   5. Eastern Meadowlark (Sturnella magna)
   6. Eastern Wood-pewee (Contopus virens)
   7. Grasshopper Sparrow pratensis subspecies (Ammodramus savannarum pratensis)
   8. Hooded Warbler (Setophaga citrina)
   9. Western Grebe (Aechmophorus occidentalis)
   10. Wood Thrush (Hylocichla mustelina)
   11. Yellow-breasted Chat virens subspecies (Icteria virens virens)

Thirteen other species were posted on December 16, 2017 for a 30 day public comment period.  

How GHD can help
If your projects involve any potential interaction with any SAR (listed above or on the full list of protected SAR), check with a GHD Ecologist to determine if there is the risk of implications under SARA or any other SAR protection Act.

Our team of Ecologists have a strong understanding of SAR & SAR habitat and knowledge of the application of the acts. We can help you to identify any SAR-related risks and work with you to consult with the appropriate agencies to avoid project delays. If your project involves restoration or reclamation, we can advise on ways to incorporate SAR habitat creation as a value-add for your clients.

For more information, contact:

Derek Morningstar | Senior Terrestrial Ecologist
E: derek.morningstar@ghd.com | T: +1 519 884 0510 ext. 7380

Nicole Charlton | Senior Terrestrial Ecologist
E: nicole.charlton@ghd.com | T: +1 519 884 0510 ext. 7389

Laura Lawlor | Senior Ecologist
E: laura.lawlor@ghd.com | T: +1 519 884 0510 ext. 7299