Terms of Reference

Information Requirements for Assessing the Concept of Jeopardy Under Section 73(3)(c) of the Species at Risk Act

Regional Peer Review - Ontario and Prairie Region

January 27-30, 2025

Virtual

Chairperson: Jon Midwood

Context

Sections 73 and 74 of the federal Species at Risk Act (SARA) state that the competent Minister may enter into an agreement authorizing an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals, if the Minister is of the opinion that the activity will not jeopardize the survival or recovery of the species, among other conditions. Fisheries and Oceans Canada (DFO) is tasked with making decisions regarding the likelihood of a work, undertaking, or activity (w/u/a) causing direct (e.g., mortality) or indirect (e.g., habitat degradation) harm to a species, and whether avoidance or mitigation measures are sufficient to prevent, reduce or counterbalance those effects. This is often achieved with an assessment of allowable harm to understand how increases in human-induced mortality or habitat degradation alter species survival or recovery. In November 2018, a national CSAS Peer Review meeting was held to develop scientific components of a framework that builds on DFO’s existing guidance to evaluate, in a nationally consistent and scientifically defensible way, the impacts of a proposed w/u/a and measures to counterbalance the impacts such that conditions under subsection 73(3)(c) have been met.

Following the development of these national components, DFO’s Fish and Fish Habitat Protection Program (FFHPP) requested additional science advice in the form of a guidance document outlining the information requirements for undertaking a project-specific jeopardy assessment in a scientifically rigorous way. The guidance document would allow FFHPP biologists to make determinations about whether an activity is likely to jeopardize the survival or recovery of a SARA-listed species, and to provide clear direction to proponents regarding key information needs in permit applications. Establishing a consistent approach for undertaking jeopardy assessments will increase the reliability and transparency with which project reviews are undertaken in the context of section 73(3)(c) of SARA, and will reduce the need to return to proponents with requests for additional information. This guidance will have a regional focus for common project types in the Ontario and Prairie region that impact freshwater fishes and mussels.

Objectives

The objectives of this Regional Science Advisory Process are to:

1. Describe the information that is needed to evaluate the concept of jeopardy; and,
2. Provide worked examples of evaluating the concept of jeopardy for different types of development project applications.

Expected Publications

• Science Advisory Report
• Research Document

Expected Participation

• Fisheries and Oceans Canada (DFO) (Science, Species at Risk Program, Fish and Fish Habitat Protection Program)
• Provincial Jurisdictions (e.g., Ontario Ministry of Natural Resources and Forestry)
• Academia
• Other invited experts

References

• DFO. 2022. Science Advice to Support the Components of a Jeopardy Assessment Framework for Permitting under the Species at Risk Act. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2022/036.