Foothill sedge (Carex tumulicola) in Gulf Islands National Park: legal protection of critical habitat

This statement describes how the critical habitat of the Foothill Sedge (Carex tumulicola), is legally protected on federal land and water within Gulf Islands National Park Reserve of Canada (NPRC). It is made by the Minister responsible for the Parks Canada Agency pursuant to paragraph 58(5)(b) of the Species at Risk Act S.C. 2002, c. 29 (SARA). All sections referenced in this statement are reproduced in full in the attached Appendix I.

The critical habitat of the Foothill Sedge was identified in the Recovery Strategy for the Foothill Sedge> (Carex tumulicola), in Canada, as posted on the Species at Risk Public Registry in June 2013. The recovery strategy should be consulted for a detailed description of biological characteristics of this species, critical habitat, and examples of activities likely to result in the destruction of critical habitat.

Gulf Islands NPRC is a National Park Reserve listed on Schedule 2 to the Canada National Parks Act (CNPA), S.C. 2000, c. 32, which applies to park reserves (sections 2[1] and 39). Pursuant to subsection 6(4) of the Parks Canada Agency Act (PCAA), the Parks Canada Agency is responsible for the administration and enforcement of the CNPA.

The CNPA provides legal protection against the destruction of critical habitat for the Foothill Sedge through the following provisions:

• s. 8(2) of the CNPA states that maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority when considering all aspects of the management of parks.
• s. 2(1) of the CNPA defines “ecological integrity” as “... a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes”, which therefore includes species at risk, and their habitat.
• s. 10 of the National Parks General Regulations, SOR/78-213, prohibits removing, defacing, damaging, or destruction of any flora or natural objects except in accordance with a permit issued under the General Regulations and within the confines of s. 8(2) of the CNPA. As required by SARA s. 74, permits issued under s. 10 of the General Regulations must comply with the pre-conditions of SARA s. 73 for any activity that may contravene SARA ss. 32, 33, and 58.
• s. 3(1) of the National Parks of Canada Highway Traffic Regulations (C.R.C., c. 1126), prohibits the operation of a motor vehicle within a park except on a highway.
• s. 41 of the National Parks of Canada Highway Traffic Regulations (C.R.C., c. 1126), prohibits the operation of an all-terrain-vehicle within a park except for purposes of park administration and with the permission of the superintendent.
• s. 3(1) of the National Parks of Canada Camping Regulations, SOR/80-127, prohibits a person from using or residing or camping on any public land in a park reserve or parking any vehicle on such land without authorization under the Camping Regulations.

The protection measures listed above provide protection against destruction of critical habitat that may result from the activities likely to destroy as described in section 7.3 of the recovery strategy.

It should be noted that the area within which critical habitat occurs also contains designated camping sites, which were established prior to critical habitat identification. In this area, the protection of critical habitat biophysical attributes against damaging recreational activities is achieved by designating specific camping sites, and by mowing designated walking paths. These management activities also benefit the species by maintaining canopy openings and reducing surrounding vegetation that could compete with individuals of Foothill Sedge.

Appendix 1

Parks Canada Agency Act, 1988, C.31

Section 6.(4) The Agency is responsible for the administration and enforcement of the Acts listed in Part 1 of the schedule and any regulations made under those Acts and the regulations listed in Part 2 of the schedule.

Canada National Parks Act, S.C. 2000, c. 32

Section 2. (1) The definitions in this subsection apply in this Act.

“park reserve”

means a national park reserve of Canada named and described in Schedule 2.

“ecological integrity”

means “... a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes”

Section 8. (2) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority when considering all aspects of the management of parks.

Section 39. Subject to sections 40 and 41, this Act applies to a park reserve as if it were a park.

National Parks General Regulations (SOR/78-213)

Section 7. (1) The superintendent may, where it is necessary for the proper management of the Park to do so, designate certain activities, uses or entry and travel in areas of a Park as restricted or prohibited.

(4) No person shall engage in an activity or use or enter and travel in an area that has been designated as restricted or prohibited pursuant to subsection (1) otherwise in accordance with the terms and conditions prescribed in a permit issued under subsection (5).

(5) The superintendent may, on application to him by any person, in respect of any activity or use restricted or prohibited pursuant to subsection (1) or any entry or travel in an area that has been restricted or prohibited, pursuant to that subsection, issue to that person a permit to

1. Engage in that activity or use, or
2. Enter and travel in that area on such terms and conditions that the superintendent may prescribe in the permit.

Section 10. No person shall remove, deface, damage or destroy any flora or natural objects in a Park except in accordance with a permit issued under subsection 11(1) or 12(1).

National Parks of Canada Highway Traffic Regulations (C.R.C., c. 1126)

Section 3. (1) Subject to subsection (2), no person shall operate a motor vehicle within a park except on a highway.

(2) The superintendent may issue a permit for a specified period authorizing a person to operate the motor vehicle described in the permit on a specified trail or in a specified place or area in a park.

Section 41. (1) No person shall operate an over-snow vehicle in a park unless

1. he has the written permission of the superintendent;
2. the over-snow vehicle is licensed, registered and equipped as required by the laws of the province in which the park is situated;
3. he operates it in accordance with such conditions and in such areas as the superintendent may specify; and
4. that person and any passenger on the over-snow vehicle are wearing the equipment required to operate the over-snow vehicle by the laws of the province in which the park is situated.

(2) No person shall operate an all-terrain vehicle in a park except for purposes of administration of the park and with the permission of the superintendent.

National Parks of Canada Highway Traffic Regulations (C.R.C., c. 1126)

Section 3. (1) Subject to subsection (2), no person shall operate a motor vehicle within a park except on a highway.

(2) The superintendent may issue a permit for a specified period authorizing a person to operate the motor vehicle described in the permit on a specified trail or in a specified place or area in a park.

Section 41. (1) No person shall operate an over-snow vehicle in a park unless

1. he has the written permission of the superintendent;
2. the over-snow vehicle is licensed, registered and equipped as required by the laws of the province in which the park is situated;
3. he operates it in accordance with such conditions and in such areas as the superintendent may specify; and
4. that person and any passenger on the over-snow vehicle are wearing the equipment required to operate the over-snow vehicle by the laws of the province in which the park is situated.

(2) No person shall operate an all-terrain vehicle in a park except for purposes of administration of the park and with the permission of the superintendent.

National Parks of Canada Camping Regulations, SOR/80-127

Section 3. (1) No person shall use or occupy or reside or camp on any public land in a Park or park any vehicle on such land for the purpose of camping unless he is

1. the holder of a valid camping permit authorizing him to use that land for that purpose; or
2. a member of a group in respect of which a camping permit has been issued and is still valid.

(2) No person shall locate, erect or use in a Park a portable cabin, storage shed, tent, trailer or other similar structure except as provided in these Regulations.

Species at Risk Act, S.C. 2002, c. 29

Section 58. (5) Within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, the competent minister must, after consultation with every other competent minister, with respect to all of the critical habitat or any portion of the critical habitat that is not in a place referred to in subsection (2),

1. make the order referred to in subsection (4) if the critical habitat or any portion of the critical habitat is not legally protected by provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or
2. if the competent minister does not make the order, he or she must include in the public registry a statement setting out how the critical habitat or portions of it, as the case may be, are legally protected.