| Montreal, 19/09/2007 – On 10 September 2007, the Secretariat of the Commission for Environmental Cooperation (CEC) issued a notification recommending to the CEC Council that a factual record be developed for submission SEM-06-005 (Species at Risk). The Secretariat will prepare a factual record if the Council, by a two-thirds vote, instructs it to do so.
In the submission, filed with the Secretariat on 10 October 2006, Sierra Club (United States and Canada), Nature Canada, the David Suzuki Foundation, Conservation Northwest, Environmental Defence, ForestEthics, Ontario Nature, Western Canada Wilderness Committee, BC Nature, Federation of Alberta Naturalists, the Natural History Society of Newfoundland and Labrador, Nature Nova Scotia and Nature Quebec (the “Submitters”), represented by Sierra Legal Defence Fund, allege that Canada is failing to effectively enforce the federal Species at Risk Act (SARA) in regard to requirements for listing species for protection under the Act, recovery planning, and the issuance of emergency orders.
In its response, Canada explains that SARA is a relatively new and complex piece of legislation that requires extensive consultations and collaboration. Canada refers to court actions filed by environmental groups in 2006 citing inadequate protection of the Northern Spotted Owl and the Piping Plover. Canada states that in view of these proceedings, the Secretariat should proceed no further on the Submitters’ allegations concerning use of emergency orders and identification of critical habitat. Regarding allegations that the federal government posted only 23 out of 133 recovery strategies that were due in 2006, Canada asserts that this type of broad-based allegation should not be considered by the Secretariat.
After reviewing the submission in light of Canada’s response, the Secretariat has notified the Council that it considers the submission to warrant development of a factual record. The Secretariat observes that judicial proceedings cited in Canada’s response have been discontinued. It notes that the response leaves open central questions raised by the Submitters. During development of a factual record, the Secretariat would gather information relevant to considering whether Canada is failing to effectively enforce SARA sections 42, 41 and 80, specifically as regards delays in posting recovery strategies for 110 species; alleged failure to identify species’ critical habitat in recovery strategies that have been posted; and failure by the federal Environment Minister to recommend to Cabinet issuance of emergency orders for the protection of the Northern Spotted Owl in British Columbia and the Woodland Caribou in Alberta, despite the alleged existence of imminent threats to the survival or recovery of these species.
The CEC was established under the North American Agreement for Environmental Cooperation (NAAEC) to address environmental issues in North America from a continental perspective, with a particular focus on those arising in the context of liberalized trade. The Council, the organization’s governing body, is composed of the top environment officials of Canada, Mexico and the United States.
The citizen submissions mechanism of the CEC enables the public to play a whistle-blower role on matters of environmental law enforcement. Under Article 14 of the NAAEC, any person or nongovernmental organization may submit to the Secretariat a claim alleging that a NAFTA partner is failing to effectively enforce its environmental law.
The Secretariat informed the Council of its recommendation on 10 September 2007, and now is authorized to provide public notification of the determination and to present its reasons in the public registry.
For more information, please visit the CEC's Citizen Submissions on Enforcement Matters page. |
