Biodiversity

SHAPE of Nature: Biodiversity Laws, Policies and Plans

Wildlife Conservation Society Canada [WCS Canada]

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This evaluation identifies the number and diversity of laws, policies, and plans across Canada that include biodiversity as a direct consideration. This does not include Indigenous legal orders that benefit biodiversity.

Key points

• There are 100 laws across Canada that are intended to protect biodiversity, but none provide comprehensive protection for species and ecosystems.
• Yukon has the fewest biodiversity-related laws, with only 2
• Ontario has the most, with 14 biodiversity-related laws.
• Nova Scotia is the only province or territory that has a law dedicated to biodiversity.

Abstract

• Canadian jurisdictions (i.e., federal, provincial, territorial) have many laws, policies, and plans that are purported to safeguard biodiversity; however, nature continues to decline.
• Nature conservation remains a piecemeal approach in Canada. None of the 100+ laws on species at risk, protected areas, and game and fish provides comprehensive protection for species and ecosystems in their jurisdiction.
• While most jurisdictions claim dedicated attention to biodiversity (e.g., through websites), there is little evidence of an integrated approach within provinces and territories and across the federation. One potential emerging exception to this, is the release in November 2023 of BC’s draft Biodiversity and Ecosystem Health Framework.
• Nova Scotia is the only province or territory that has a law dedicated to biodiversity. The Act to Provide for the Conservation and Sustainable Use of Biodiversity in Nova Scotia was passed in 2021. It enables the development of a compensation framework for biodiversity conservation activities to incentivize conservation and sustainable use of biodiversity. A report on the state of biodiversity in the province is due in 2024 (i.e., within 3 years of the Act coming into force).
• In May 2023, Ministers responsible for conservation, wildlife, and biodiversity across federal and provincial/territorial jurisdictions agreed to collaborate in the coming years to develop Canada’s 2030 Biodiversity Strategy, a tool to achieve the goals and targets set in the Kunming-Montreal Global Biodiversity Framework.
• Ontario is the only province or territory in Canada that has a current biodiversity strategy (see Attachment 2). Nova Scotia had a biodiversity strategy but has since expired in 2020. Quebec is in the beginning consultation stage of a Nature 2030 Plan which focuses on Quebec’s contribution to achieve the biodiversity targets established in the Global Biodiversity Framework.
• In 2021, the federal government allocated $210 million over the next five years to directly support the development of Nature Agreements between the federal government and provincial/territorial governments. Nature Agreements are intended to establish clear goals for the conservation and protection of nature between the two governing bodies. Currently Nova Scotia, British Columbia (BC), and Yukon are the only governments to have a formalized Nature Agreement while BC is the only province/territory to explicitly include Indigenous signatories in a Tripartite Framework Agreement. Discussions with a few other provinces are apparently underway.

Recommended citation

Wildlife Conservation Society Canada [WCS Canada] (2023). SHAPE of Nature: Biodiversity Laws, Policies and Plans. Wildlife Conservation Society Canada [WCS Canada]. https://wcscanada.org/resources/shape-of-nature-biodiversity-laws-policies-and-plans/