New endangered species legislation will contain criminal law sanctions ( webmaster's note: more likely civil rewards and penalties) to preserve the habitat of animals at risk of extinction on private property, and the federal government is prepared to create a $250-million fund to compensate landowners who agree to protect critical habitat, according to secret cabinet documents obtained by the National Post.
The government will invoke its criminal law powers to step in to protect endangered species if a "province does not have the capacity or intention to provide protection for a listed species," say the cabinet documents, stamped secret.
Ottawa will also prosecute landowners, impose heavy fines of up to $500,000 and perhaps confiscate their habitat lands if they deliberately or recklessly engage in the "outright destruction" of critical lakes, woodlands, swamps or forests.
There are 339 endangered species in Canada, such as the peary caribou, the eastern cougar and the loggerhead shrike.
"The proposed legislation will provide legal protection, including automatic prohibitions against killing, harming, harassing, capturing, possessing, buying, selling, etc., an individual of an endangered or threatened species," the documents say.
David Anderson, the Environment Minister, will propose a $250-million "species at risk stewardship fund" to help compensate landowners for any economic loss. Some of the funds would also be used to maintain and recover habitats. Finance Department documents show that funding will be provided over a five-year period.
"It is anti-social behaviour for someone to do something to wipe some species off the planet, but it is also undemocratic for government not to assist someone to deal with the impact of protecting wildlife habitats, but it is going to cost money," a senior government official said.
"We are going to try to emphasize more sugar than vinegar. We can't expect someone to comply if what you are doing is limiting or ruining their business by saying: 'Your land is critical habitat for the recovery of the species. You cannot use your land.' "
On federal lands, the government will protect the habitat of endangered species and it will expect the provinces, corporations or private landowners to safeguard species and habitat on their lands. Failure to do so would cause Ottawa to invoke its criminal law powers, although anyone who is prosecuted would not have a criminal record.
"There may be cases where ... agreement cannot be reached --and then it will be important to take steps to secure unprotected critical habitat. It would be politically untenable for a federal minister of the environment not to include some measures for protecting critical habitat in federal species at risk legislation," the documents warn.
"The federal government can prohibit the destruction of essential habitat whether it occurs on federal, provincial or private lands as long as such habitat is clearly delineated."
Mr. Anderson is about to introduce a new endangered species act in Parliament to strengthen the provisions of previous legislation, which died on the order paper in 1997. Bill C-65 would have protected the nests and dens of endangered species, but it would not have prevented clear-cutting, bulldozing or flooding of vital habitat.
The document notes that loss of habitat accounts for 75% of the decline of wild species that are currently listed as threatened or endangered. The only solution is to protect the habitat and to put recovery plans in place where the habitat is threatened, the documents say, while stressing that this should be accomplished by co-operating with the provinces and private landowners.
"Options such as agreements, programs, stewardship initiatives should be explored first. On private lands in particular, landowners should be encouraged to protect species and their habitats, and be provided with the tools and incentives to foster such behaviour."
Mr. Anderson will propose compensation and cash incentives to landowners who cannot use their land for economic gain or who take measures to improve their habitat to recover a species to healthy status.
"But if someone is not prepared to get into the plan, or the provincial legislation is not garnering any kind of clear activity, then there is going to have to be other means to ensure compliance, and if it involves a sanction under the Endangered Species Act, then that is what we are going to do," the official said.
Aware that some provinces, particularly Alberta and Quebec, might object to Ottawa's use of its criminal law powers, the document stresses it will "seldom be used" because every effort will be made to get provincial agreement.
The proposed legislation will create an independent scientific body called the Committee on Status of Endangered Species to decide which species of animal and plant are in danger of extinction.