Legal Protection Statement for the Critical Habitat of Engelmann's Quillwort (Isoetes engelmannii) on Federal Land and Water

September 2010

This statement describes how the critical habitat of Engelmann's Quillwort (Isoetes engelmannii) is legally protected on federal land and water. It is made by the competent minister 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 Engelmann's Quillwort was identified in the Final Recovery Strategy for the Engelmann's Quillwort in Canada, as posted on the SAR Public Registry in February, 2007. The recovery strategy should be consulted for a detailed description of critical habitat attributes and biological characteristics of this species.

Critical habitat of Engelmann's Quillwort occurs in the Severn and Gull Rivers in Ontario. Populations in the Severn River exist on Federal lands (the Trent-Severn Waterway National Historic Site of Canada), except for one sub-population, which is located on provincial Crown land and part of the Severn River Conservation Reserve. All of the populations in the Gull River are on provincial Crown lands. Engelmann's Quillwort is, therefore, subject to both federal and provincial protection. This document describes habitat protection on federal lands.

Examples of activities that are likely to result in the destruction of critical habitat of Engelmann's Quillwort are listed in the recovery strategy. These activities can be grouped into four broad categories:

1) mechanical damage,
2) disturbance to habitat,
3) aquatic herbicide application, and
4) contaminant pollution

The Trent Severn Waterway is an historic canal within the meaning of the Historic Canals Regulations SOR/93-220, (sections 2 and 3). These regulations fall under the purview of the Department of Transport Act, R.S.C. 1985, c. T-18 [sections 7 (1), 16 and 17]. 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 Historic Canals Regulations as listed in Part 2 of the schedule to the PCAA.

The Species at Risk Act prohibits the destruction of any part of critical habitat of a listed species. The Historic Canals Regulations provide equivalent protection by prohibiting activities that could alter or destroy any natural resource in a historic canal and thus protect the critical habitat of Engelmann's Quillwort within the canal. This prohibition applies to all activities that could remove, alter or destroy any cultural resource, natural resource, structure, equipment or object in a historic canal even if the activity itself occurs outside of the Historic Canal. In addition, section 4 of the Historic Canals Regulations provides for the closure or the restriction by the Historic Canal Superintendent of any areas in a historic canal if necessary for the purposes of protecting any cultural resources, natural resources, structures, equipment and objects.

The critical habitat of Engelmann's Quillwort within the Trent Severn Waterway on federal lands is legally protected by the Historic Canals Regulations.

  1. – Section 11 (1) prohibits depositing snow collected from snow removal, discarding waste or discharging the contents of a holding tank in a historic canal except in accordance with a permit under this section and section 4 (1).

  2. – Section 11 (2) prohibits the removal, alteration or destruction of any natural resource in a historic canal except in accordance with a permit under this section and section 4(1).

  3. – Section 14 (1) prohibits dredge, fill, or dredge and fill in a historic canal except in accordance with a permit under this section and section 4 (1).

  4. – Section 15 (1) prohibits erection of a sign, structure or object over or in an historic canal except in accordance with a permit under this section and section 15(2).

For each of the four activity categories that are likely to destroy critical habitat of Engelmann's Quillwort, the main effect of that activity is described below. Examples of specific activities are listed along with the associated relevant protection measures.

1. MECHANICAL DAMAGE

Effect of activity on critical habitat

Mechanical damage to the critical habitat or its adjacent upland habitat can physically destroy Engelmann's Quillwort critical habitat.

Example of activity likely to destroyRelevant protection measure
DredgingHCR, Section 11(2) and 14 (1)
Sand placementHCR, Section 11(2) and 14 (1)
Raking of aquatic plantsHCR, Section 11(2) and 14 (1)
Shoreline alterationHCR, Section 11(2) and 14 (1)
Beach creationHCR, Section 11(2) and 14 (1)
Damage by boat trafficHCR, Section 4(2)(b)(c)(d) and 11 (2)

2. DISTURBANCE TO HABITAT

Effect of activity on critical habitat

Disturbance to or alteration of the critical habitat of Engelmann's Quillwort or adjacent habitat can destroy critical habitat in a number of ways, including excessive sedimentation or reduced light levels.

Example of activity likely to destroyRelevant protection measure
Construction of dock or similar structure on or surrounding critical habitatHCR, Section 11(2) and 14(1)
Construction of boathouse or similar structure on or surrounding critical habitatHCR, Section 11(2) and 14(1)
Removal of vegetation surrounding critical habitatHCR, Section 11(2) and 14 (1)

3. AQUATIC HERBICIDE APPLICATION

Effect of activity on critical habitat

Aquatic herbicide application kills individual plants and can directly destroy critical habitat by altering the chemical conditions required for individual survival of Engelmann's Quillwort, and/or indirectly destroy critical habitat through increased competition from other aquatic plants.

Example of activity likely to destroyRelevant protection measure
Aquatic application of herbicideHCR, Section 11 (1 or 2)

4. CONTAMINANT POLLUTION

Effect of activity on critical habitat

Contaminant pollution in critical habitat or its adjacent upland habitat can directly destroy critical habitat by altering the chemical conditions required for individual survival of Engelmann's Quillwort, and/or indirectly destroy critical habitat through a number of effects, including, but not limited to the eutrophication and sedimentation of the aquatic habitat.

Example of activity likely to destroyRelevant protection measure
Application of contaminants, including but not limited to pesticides, petroleum products, heavy metals, salt, etc.HCR, Section 11 (1 or 2)
Insufficient septic systems that contaminate aquatic habitat and lead to eutrophicationHCR, Section 11 (1 or 2)

Appendix 1

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),
(a) 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
(b) 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.

DEPARTMENT OF TRANSPORT ACT, R.S.C. 1985, c.T-18

Section 7.
(1) The Minister has the management, charge and direction of
(a) all Government canals and works and property pertaining or incidental to them;
(b) the collection of tolls on the canals and matters incidental to their collection; and
(c) the officers and persons employed on the canals

Section 16. The Governor in Council may make such regulations as the Governor in Council deems necessary for the management, maintenance, proper use and protection of the canals or other works under the management, charge and direction or the control of the Minister, and for the ascertaining and collection of the tolls, dues and revenues thereon.

Section 17.
(1) The Governor in Council may, by the regulations mentioned in section 16,
(a) impose such fines, not exceeding in any one case four hundred dollars, for any con-travention of a regulation, as the Governor in Council deems necessary for ensuring its observance and the payment of the tolls and dues imposed;

HISTORIC CANAL REGULATIONS, SOR/93-220

Section 2. In these Regulations,

"dredge" means to remove, by digging, gathering, pulling out or otherwise removing, any material from a historic canal, particularly from water or wetlands, for the purpose of creating new channels or boat slips, making land, constructing or placing any in-water structures such as boat-houses, wharves or retaining walls, or maintaining previously dredged areas or openings to any upland mooring basins;

"fill" means to place any material in water or wetlands for the purpose of making land, constructing wharves, stabilizing the shoreline, revetting or constructing works, building beaches or constructing foundations for boathouses or other structures;

"historic canal" means a canal set out in column I of an item of Schedule I;

"natural resource" means any soil, sand, gravel, rock, mineral, fossil or other natural material, and includes flora;

"waste" means an organic or inorganic waste material, but does not include
(a) liquid that is free of solids and is derived from water used on a pleasure craft for household purposes, or
(b) engine-cooling water and bilge water;

SCHEDULE I
(Section 2)
HISTORIC CANALS
1. Rideau Canal including the Tay Canal Ontario
2. Trent-Severn Waterway including the Murray Canal Ontario
3. Sault Ste. Marie Canal Ontario
4. Saint-Ours Canal Quebec
5. Chambly Canal Quebec
6. Sainte-Anne-de-Bellevue Canal Quebec
7. Carillon Canal Quebec
8. Lachine Canal Quebec
9. St. Peters Canal Nova Scotia

Section 3. Except as otherwise provided in Part V, these Regulations apply in respect of all historic canals and any person, goods, vehicle or vessel in the historic canals.

Section 4.
(1) The superintendent shall, before issuing a permit under these Regulations authorizing the applicant to engage in an activity, and in order to determine the terms and conditions specified in a permit, take into account the effects of the activity on
(a) cultural resources, natural resources, structures, equipment and objects in the historic canal;
(b) the safe navigation of vessels and the safe operation of locks, dams and bridges in the historic canal;
(c) the safety of persons in the historic canal;
(d) wildlife and the eggs and habitat of wildlife in the historic canal; and
(e) the historic character of the historic canal.

Section 4.
(2) The superintendent may
(a) post, in a historic canal, signs that are necessary to
(i) protect cultural resources, natural resources, structures, equipment and objects,
(ii) ensure the safe navigation of vessels and the safe operation of locks, dams and bridges,
(iii) ensure the safety of persons, and
(iv) protect wildlife or the eggs or habitat of wildlife;

(b) close, restrict or open to public use any area in a historic canal as necessary for the purposes of
(i) ensuring the safe navigation of vessels and the safe operation of locks, dams and bridges,
(ii) maintaining the historic canal,
(iii) holding events or activities referred to in subsection 16(1),
(iv) protecting cultural resources, natural resources, structures, equipment and objects,
(v) ensuring the safety of persons, and
(vi) protecting wildlife or the eggs or habitat of wildlife;

(c) restrict or schedule any activity in a historic canal as necessary for the purposes of
(i) ensuring the safe navigation of vessels and the safe operation of locks, dams and bridges,
(ii) protecting cultural resources, natural resources, structures, equipment and objects,
(iii) ensuring the safety of persons, and
(iv) protecting wildlife or the eggs or habitat of wildlife;

Section 11.
(1) No person shall
(a) deposit in a historic canal, snow that has been collected during snow removal;
(b) discard waste in a historic canal, except in a receptacle designated for that purpose; or
(c) discharge the contents of a holding tank in a historic canal, except at a pumpout station designated for that purpose.

(2) No person shall, except in accordance with a permit issued under subsection (3), remove, alter or destroy any cultural resource, natural resource, structure, equipment or object in a historic canal.

(3) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to remove, alter or destroy a cultural resource, natural resource, structure, equipment or object, where the removal, alteration or destruction is necessary for
(a) scientific purposes; or
(b) the management of water levels or flows.

Section 11.
(4) A permit issued under subsection (3) shall specify
(a) the cultural resource, natural resource, structure, equipment or object, or the amount thereof, that may be removed, altered or destroyed and the location from which it may be removed or at which it may be altered or destroyed; and (b) the period for which the permit is valid.

Section 14.
(1) No person shall dredge, fill or dredge and fill in a historic canal, except in accordance with a permit issued under subsection (2).
(2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to dredge, fill or dredge and fill in a historic canal.

Section 15.
(1) No person shall erect a sign, structure or object over or in a historic canal, except in accordance with a permit issued under subsection (2).
(2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to erect a sign, structure or object over or in a historic canal.

PARKS CANADA AGENCY ACT, 1998, 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.

SCHEDULE
(Sections 6 and 7)
PART 1
ACTS
Canada National Marine Conservation Areas Act
Canada National Parks Act
Heritage Railway Stations Protection Act
Historic Sites and Monuments Act
Laurier House Act, R.S.C. 1952, c. 163
Saguenay-St. Lawrence Marine Park Act

PART 2
REGULATIONS
Historic Canals Regulations

 

| Introductory Page |