2012
DOI: 10.29173/alr269
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The Basics of Species at Risk Legislation in Alberta

Abstract: This article examines Alberta's Wildlife Act and the federal Species at Risk Act (SARA) to assess the legal protection of endangered species in Alberta. Most of the discussion relates to provisions contained in SARA, as there is comparatively less to discuss under the Wildlife Act. The fact that legal protection for endangered species in Alberta consists primarily of federal statutory rules is unfortunate, as wildlife and its habitat are by and large property of the provincial Crown, and it is a general princi… Show more

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Cited by 25 publications
(4 citation statements)
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“…The ability to enact meaningful habitat management measures in Canada typically depends upon policy instruments not primarily focused on species at risk because most wildlife is distributed over areas outside federal legislative powers (Fluker & Stacey, 2012; Palm et al, 2020). Our results support previous suggestions that despite adoption of species at risk listing representing a decision to regulate and manage, “legislative commitment to recovery planning does not necessarily mean a commitment to plan implementation” (Farrier, Whelan, & Mooney, 2007).…”
Section: Discussionmentioning
confidence: 99%
“…The ability to enact meaningful habitat management measures in Canada typically depends upon policy instruments not primarily focused on species at risk because most wildlife is distributed over areas outside federal legislative powers (Fluker & Stacey, 2012; Palm et al, 2020). Our results support previous suggestions that despite adoption of species at risk listing representing a decision to regulate and manage, “legislative commitment to recovery planning does not necessarily mean a commitment to plan implementation” (Farrier, Whelan, & Mooney, 2007).…”
Section: Discussionmentioning
confidence: 99%
“…One difficulty with protecting critical habitat on nonfederal lands under SARA is that the federal government has considerable discretion with respect to forming opinions and issuing orders under sections 61 and 80 so that social and economic effects are considered in the decision. Further, the Canadian federal government has historically been reluctant to exercise environmental authority over matters on provincial lands (Fluker & Stacey, 2012). Not surprisingly then, the federal government has yet to exercise its power under section 61 of SARA and has only issued two section 80 emergency protection orders since SARA was enacted in 2003; one for the western chorus frog (Pseudacris triseriata) in Quebec and one for greater sage-grouse (Centrocercus urophasianus) in southern Alberta and Saskatchewan.…”
Section: Sara Section 61 and Section 80 Ordersmentioning
confidence: 99%
“…An independent body of experts, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), exists to provide scientifically sound assessments to identify and classify species at risk. SARA applies to species found on lands administered by a federal government (e.g., national parks) and species falling under federal legislative powers (e.g., aquatic species and migratory birds under the Migratory Birds Convention Act (1994)) [40,41]. However, the Canadian federal government can issue emergency orders under SARA (SARA, Section 80) for species of concern that are found outside of its jurisdiction and "face imminent threats to its survival or recovery" (SARA, Section 80.2) when provincial or territorial governments fall short of taking acceptable action to protect the species.…”
Section: Species At Risk and Their Habitatsmentioning
confidence: 99%