Species at Risk

Protection of Species at Risk

Relevant to the protection of endangered and threatened species, the Government and the Minister are granted the powers to make regulations on the following topics:

• the designation of threatened or endangered species; (Wildlife Act, s. 108 [2][a])
• the use and occupation of a wildlife management area; (Wildlife Act, s. 108 [2][b]) (Note that administration of the Crown land must be formally transferred to the ministry before it can be designated as a wildlife management area).
• the regulation or prohibition of feeding or attracting of specified wildlife in a specified area, which may be different for different wildlife, different classes of wildlife, or different areas; (Wildlife Act, s. 109[1][h])

If a species is considered to be threatened with “imminent extinction” throughout all or a significant portion of B.C. because of the actions of humans, the Government can designate it as endangered (Wildlife Act, s.6[1]). This designation is made via regulation (Wildlife Act, s.6[1]).

If a species is considered to be likely to become endangered in B.C. and the factors affecting its vulnerability are not reversed, the Government can designate it as a threatened species (Wildlife Act, s.6[2]). This designation is made via regulation (Wildlife Act, s.6[2]).

Process for Designating Species as Endangered or Threatened

The process for assessing and designating endangered and threatened species in B.C. has three steps.

• First, experts assess the biological status of species and ecosystems (so, not restricted to just vertebrates – all manner of organisms and even ecological communities are categorized), and place them in risk categories and recommend certain species for legal designation. The experts are not formally authorized to make recommendations; rather, the CDC database (generalized for red-listed species so as not to reveal precise locations) is available to everyone – including government agencies.)
• The Ministry’s provincial Conservation Data Centre (“CDC”) then places species into similar risk categories. The categories are red, blue, or yellow: ^[1]
  • Red listed species are those that are at risk of being lost (extirpated, endangered, or threatened).
  • Blue listed species are those of a special concern.
  • Yellow listed species are those that are at the least risk of being lost. [2]

  The data produced by the CDC is kept as a database for the general public but may be used to inform government decisions on legal designations of species at risk.

• Finally, the government can then designate species based on this scientific information as endangered or threatened, by including them in the either Schedule D or E of the Designation and Exemption Regulation. [3] Species in Schedule D are designated as threatened, and species in Schedule E are designated as endangered (Designation and Exemption Regulation, s.13).

There are currently four species that have been designated under the Wildlife Act. The Vancouver Island marmot, the burrowing owl, and the American white pelican have been designated as endangered (Designation and Exemption Regulation, Schedule E s.1-2), and the sea otter has been designated as threatened (Designation and Exemption Regulation, Schedule D, s.1(a)). This has not changed since 1982, when the Act was first passed.

The Wildlife Act is permissive when dealing with the designation of animals as ‘threatened’ or ‘endangered’. It does not require that any species be designated as endangered or threatened. After receiving information about listed species from the CDC, there is no legal requirement that the Government designate the species as endangered or threatened via legislation.

Additionally, no specific standards are identified within the provincial legislative scheme that demonstrate how a species is to be classified. For instance, there is no guidance on what is to be considered ‘imminent extinction’ or ‘likely to become endangered’. There is no indication in the legislation that government produced policies or information that is available online that any protocol or objective must be followed when designating a species as endangered or threatened. It appears the decision is up to the Government’s discretion.

Opportunities for Concerned Citizens

There are not many opportunities for citizens to get involved in the provincial designation process. The following list includes potential opportunities:

• Information can be submitted to and requested from the B.C. Conservation Data Centre about specific species and ecosystems.
• There is a Species and Ecosystems at Risk Local Government Working Group made up of municipal, regional and provincial government workers who are interested in conservation efforts. The group formed in 2009 and works to find ways to protect species and ecosystems on private and local government lands. Membership now includes approximately 90 local governments.
• Contact information for specific projects is not readily available on the ‘Species & Ecosystems at Risk‘ page on the government website. However, contact information is provided for amphibians and reptiles and caribou.

Adequacy of B.C. Legislation Addressing At-Risk Species

The current combination of various provincial legislation (Forest and Range Practices Act, Oil and Gas Activities Act) and the federal Species at Risk Act (which cannot list ecological communities that are at risk) has led to an inadequate statutory scheme for protecting species at risk. Although B.C. and the federal government have agreed to work collaboratively to address species at risk management, there remain many loopholes, gaps and delays that result in inaction and provisions that serve primarily economic interests.

The Wildlife Act is permissive and discretionary regarding the designation of species as ‘threatened’ or ‘endangered’. There is a lack of specific standards and guiding principles to be used. The legislation also does not address all endangered species and ecosystems in B.C., as it does not apply to plants, invertebrates and other organisms. (see Protecting Species at Risk: A Primer to Support a Conversation with British Columbians). The current provincial government has promised to revise and modernize the Wildlife Act, but the extent of such an amendment or replacement remains unknown. Government is aiming at better integrating Indigenous perspectives and practices into the province’s wildlife management system).

The Federal Species at Risk Act (SARA) provides the provinces and territories with significant leeway when dealing with species at risk in their regions because most species do not come under Federal Jurisdiction. The automatic protections that apply to species designated under SARA can only apply to aquatic species, migratory birds under the Migratory Birds Convention Act and to species found on federal land. This means that the majority of species in B.C. do not have automatic protections applied to them, even if they are included on the federal list. There is, however, authority in SARA for the federal government to make “emergency orders” to take action to protect species at risk if a province clearly fails to do so (s80(1)).

The B.C. Wildlife Act does not provide mandatory law requiring that recovery strategies or management plans need to be created for at risk species in B.C., nor that recovery plans jointly developed under SARA need to be implemented.

B.C. has the highest number of species at risk in Canada. The provincial Conservation Data Centre has identified 763 red listed species (red listed species are those that are at risk of being extirpated, endangered, or threatened, Red, Blue & Yellow Lists) and 164 ecological communities as at March, 2023, however, only four species (Vancouver Island marmot, burrowing owl, American white pelican and sea otter) of those 763 have been listed under the Wildlife Act—making them entitled to some very limited protections. It therefore appears that without a mechanism forcing compliance with the SARA or a more robust provincial species at risk legislation these at risk species are not being protected.

Habitat Protection