Canada’s Species at Risk Act is, itself, at risk

In a move reminiscent of US President Donald Trump’s approach to clearing the way for major industrial activities, the Canadian federal government is now pursuing a similar strategy: to remove, dismantle, or override the laws designed to protect endangered species.

In early May, the federal government released a discussion paper that proposed overriding a key section of Canada’s Species at Risk Act. Section 73 (3)(c), also known as the jeopardy clause, prohibits the federal government from approving activities that are likely to jeopardize the survival and recovery of endangered species. 

Practically, this provision is intended to prevent large projects from pushing endangered wildlife into extinction.

While several large proposed projects may be motivating this move, projects affecting the Southern Resident killer whales are likely at the top of the list. For a decade, scientists, including those at Raincoast, have documented the failure of Southern Resident killer whales to recover. Each year that recovery measures fall short of addressing the Southern Residents’ need for adequate Chinook salmon, quieter waters, and a cleaner marine environment, the prospects for recovery diminish. More troubling still, with approval of projects like Trans Mountain and other port expansions that increase shipping, the quality of the underwater habitat these whales depend on is deteriorating rather than improving. 

In other words, not only are we failing to reverse their decline, we are making the conditions they need to recover increasingly inhospitable.

The federal government recently acknowledged this precarious state in its 2024 Imminent Threat Assessment: unless threats are mitigated, they may make survival and recovery of the Southern Resident population unlikely, or even impossible. Currently, through section 73 (3)c, Southern Resident killer whales stand in the way of advancing the port expansion at Roberts Bank (RBT2) and, given today’s Ottawa-Alberta announcement, potentially another oil terminal to the southern BC coast. A major impediment to recovery is the underwater noise generated from the freighters and tankers, which makes it difficult for Southern Residents to pursue and catch their prey.

Enter the topic at hand, the federal government’s recently released discussion paper on Strengthening One Canadian Economy through trade and transportation.

To be clear, we are not opposed to the important pursuit of strengthening Canada’s sovereignty and economy. However, this is about the pursuit of individual industrial projects that will come at great cost. Cost to our coast, to the livelihoods that are linked to the health of ecosystems and the wildlife they support, and to future generations growing up within an environment vastly compromised from the one we experienced.

Is extinction really worth this political moment – a moment that may look very different a few years from now?

Equally, we don’t think this initiative will improve efficiency and streamline projects. It may have the opposite effect, as overriding due process, lowering standards, and reducing protections will increase risk and see public confidence decline. The strong public opposition to fast-tracking these projects may very well slow them down. 

Finally, in the ongoing effort by the federal government to stand up for Canadian values in the face of the Trump administration, ironically, we are on the cusp of mirroring the US government’s approach to endangered species.

First, the government is considering turning the cabinet into an American style ‘God Squad’ – the endangered species committee which uses its power to override the US Endangered Species Act and authorize projects regardless of their impacts to endangered species.  

Second, it is dismissing the values we hold as Canadians regarding our natural heritage, the pride we have for the wildlife species and habitats we share our land and waters with, and the importance of local economies sustained from these natural spaces.

We are asking you to urgently do two things:

1. Provide feedback on dismantling the jeopardy clause in the Species at Risk Act. (we have a template that you can edit).
2. Send your same comment to the sole BC federal cabinet member Gregor Roberston, Minister Responsible for Pacific Economic Development Canada and for Housing and Infrastructure.

1. Give public comment until June 7, 2026

Suggested feedback; it’s more effective to make this your own. 

I strongly oppose the proposal to override section 73(3)(c) of Canada’s Species at Risk Act (SARA) as part of building One Canadian Economy. Doing so, as proposed in the discussion paper, would remove one of SARA’s most important safeguards: the requirement that federally authorized activities not jeopardize the survival or recovery of endangered species. 

This provision is intended to prevent projects from pushing endangered species closer to extinction. Weakening it would have direct implications for Southern Resident killer whales, which the federal government has already determined face an imminent threat to their survival and recovery. Their recovery depends on reducing threats, including underwater noise and disturbance from shipping. Yet these threats are not being reduced; instead, the quality of their critical habitat continues to deteriorate as shipping and industrial activity expand.

I support efforts to strengthen Canada’s economy and sovereignty, but not by dismantling the laws that protect endangered species. Removing this safeguard for projects such as Roberts Bank Terminal 2 and other developments that would increase underwater noise and disturbance would further diminish the prospects for recovery of Southern Resident killer whales and ask Canadians to accept the possible extinction of this iconic population as the price of industrial expansion.

2. Send to Minister Gregor Robertson, and other West coast MPs

Suggested letter; it’s more effective if you make this your own.

Honorable Minister Gregor Robertson
House of Commons, Ottawa, Ontario, Canada, K1A 0A6
Main office – Vancouver, 360 – 3150 54th Ave E, Vancouver, British Columbia V5S 1Z1

Email: gregor.robertson@parl.gc.ca

I am writing as a resident greatly concerned about the changes proposed to Canada’s Species at Risk Ask as part of the building One Canadian Economy. The provision in SARA is designed to prevent projects from pushing endangered species closer to extinction. Weakening it would have direct implications for Southern Resident killer whales, which the federal government has already determined face an imminent threat to their survival and recovery. Recovery of these killer whales depends on reducing threats, including underwater noise and disturbance from shipping. Yet these threats are not being reduced; instead, the quality of their critical habitat continues to deteriorate as shipping and industrial activity expand.I support efforts to strengthen Canada’s economy and sovereignty, but not by dismantling the laws that protect endangered species. Removing this safeguard for projects such as Roberts Bank Terminal 2 and other developments that would increase underwater noise and disturbance in Critical Habitat would further diminish the prospects for recovery of Southern Resident killer whales and ask Canadians to accept the possible extinction of this iconic population as the price of industrial expansion.

Sincerely,
[Your name goes here]