Endangered species in Canada are being left in bureaucratic limbo, denying them the legal protections that they need to survive, according to a new Simon Fraser University study.
Researchers say that the process of getting species listed under legislation designed to ensure their protection is failing and lacking in transparency.
Since 2017, of the 288 species assessed as potentially in need of protection under the Species at Risk Act (SARA), only 17 (5.9 per cent) have been processed within the government's own recommended timeline.
The situation is particularly stark for marine wildlife, with all vulnerable fish and mammal species, including many Pacific salmon populations, left floundering in political uncertainty.
The delays in processing could mean species start to disappear entirely from Canadian lands and waters, according to Peter Thompson, a postdoctoral fellow at the School of Environmental Science.
"Canada boasts a wonderful array of wildlife and Canadians care about protecting our biodiversity. When endangered species are left in endless political limbo, the chance of them going extinct increases, which is really against the best interests of those who care," says Thompson, lead author of the study published in Facets.
"It is really important to bring attention to this issue as the system has been broken for a long time, nothing is changing and there is not enough transparency as to why there are so many delays."
When a species is listed as extirpated, endangered or threatened under SARA, it becomes illegal to harm the species, its habitat must be protected, and a recovery plan is put in place.
There are two phases required for a species to be listed:
- A committee independently assesses a species' status and the threats it faces and recommends whether it should be listed. This assessment then goes to the federal Minister of Environment and Climate Change.
- The federal government consults with Indigenous rights holders, provincial and territorial governments, scientific experts, industry and the public to assess broader social and economic consequences of listing. At this stage, they make their final decision on whether or not to accept the committee's recommendation and add the species to the list.
However, there is no deadline for the consultation phase with the authors describing it as "the loophole stage," which "enables prolonged delays that undermine the conservation intent of SARA."
Lack of transparency
In 2017, the federal government introduced a non-binding policy recommending that consultations take no more than 12 months, or 24 months for species requiring extended consultation.
The study suggests that the policy change has not reduced delays. If anything, researchers say the situation has become worse.
Before the 2017 policy change, 16.2 per cent of assessed species reached cabinet on time; after the policy change, only 5.9 per cent of species have done so.
According to Thompson, there is a lack of transparency as to why decisions are being delayed.
"Many of the explanations given are pretty unsatisfactory, often amounting to nothing more than 'the analysis of information is underway,'" says Thompson.
"It really doesn't offer much as to what is needed to solve the problem. What information is taking so long to analyze? It highlights the need for additional transparency at the very least."
Researchers collected data on 963 species and analyzed nearly 5,700 government documents. Key findings since 2017:
- 288 species were assessed as in need of protection, of which 181 (63 per cent) are currently "in limbo".
- Only 17 species (5.9 per cent) received a decision within the recommended timeline.
- 153 species (85 per cent of all species in limbo) had exceeded the recommended timeline as of January 2025.
- On average, species have waited nearly two and a half years to formally receive a listing decision, well beyond the recommended timelines.
- Not one of the 49 marine fish, or the 15 marine mammals assessed has been forwarded to cabinet for a decision.
Examples of species stuck in limbo:
- Limber pine was initially assessed as endangered in 2014. Consultations were completed in 2021, yet the species has still not been forwarded to cabinet. As such, there are no federal protections for limber pine trees or their habitat.
- The Bay of Fundy Striped Bass, a freshwater fish that was first assessed as threatened in 2004, is now endangered, but it remains unlisted without any legal protections under SARA.
- In the 2023 SARA annual report, 31 Pacific salmon populations, all assessed as endangered or threatened, are without a listing decision.
- The Suckley's Cuckoo Bumble Bee, which has been in limbo since 2020.
- The Saskatchewan-Nelson River population of lake sturgeon was assessed as endangered in 2017 due to population declines of 90 per cent since the 1960s. It is still awaiting a decision.
"The Saskatchewan-Nelson River Lake Sturgeon population is a good example of the potential consequences of not making a decision," says Thompson.
"In the time that it has been waiting, there have been multiple dam projects in the rivers where they live, which, if they're not done correctly, can impede the movement of animals through the streams and fracture their habitats and reduce connectivity.
"This is a case where we're able to see something where the outcome might have been different if this species was protected under the Species at Risk Act."
With threats to Canada's ecosystems mounting from climate change and human activities, researchers are proposing three changes to fix the process.
"First, we need binding timelines for every stage of the listing process," says Thompson.
"Second, consultations must be completed in a responsible and timely manner by strengthening existing bodies.
"Third, where the process is stalled, we need to have clear, specific reasons for the delays. Greater transparency would highlight prolonged inaction and open the process to review."
Available SFU expert
PETER THOMPSON, postdoctoral fellow, School of Environmental Science, Faculty of Environment