A fundamental part of the biodiversity problem is excessive extraction, harvest, and consumption of resources in vulnerable landscapes and of vulnerable populations. The economics and attitudes of extraction often limit government, business, and civil society interventions to support sustainability. Many measures named under numerous goals across this site can push forward sustainable production and consumption to reduce pressures on decision-makers to push extractive industries, including significant elements of the food system. The shift through the Efficiency and Substitution stages towards different economic and property models that are not based on the current growth imperative will also contribute to biodiversity conservation.
Biodiversity Act and Single Agency
As discussed in many parts of this site, the jurisdictional, institutional, and intellectual divisions that dominate Canadian governance are highly problematic for solving fundamental problems. There have, however, been moments when governments have attempted to consolidate and restructure statutes to create a more integrated approach to important issues. It can be argued that the Safe Food for Canadians Act, although deeply flawed (see particularly Goal 4), was one such recent attempt to consolidate and integrate.
Biodiversity action needs consolidation and integration. A number of countries across the globe have enacted national and supranational biodiversity laws, including the EU, Australia, Costa Rica, Vietnam, France, India, Japan, Mexico, Norway, South Africa, and South Korea (East Coast Environmental Law Association, 2018).
In 2021, Nova Scotia passed and put into force a Biodiversity Act. There are numerous problems with the Act, and it lost much of its original regulatory teeth as it progressed through the legislature (see Mitchell, 2021). Its conception of "sustainable use of biodiversity" is problematic (albeit taken from the Convention on Biological Diversity), and it is administered by the Minister of Lands and Forests and is not well linked to marine and aquatic biodiversity issues.
However, it serves as inspiration for the creation of a federal Biodiversity Act. A federal act should have the following features (adapted from East Coast Environmental Law Association, 2018):
- The application of the statute extends to terrestrial and aquatic ecosystems.
- Lead legislative responsibility rests with the Minister of Environment and Climate Change (at least within current ministerial organization)
- The Act provides for a Biodiversity Agency reporting to the Minister of Environment and Climate Change with links to other government Ministers (e.g. Natural Resources, Fisheries, and Oceans), First Nations, non-government organizations, industry, and expertise outside of government. Lemieux and Gray, (2020) proposed such an agency to manage Canadian waters, but a fully integrated agency across terrestrial and aquatic systems is required. The Agency would consolidate many functions currently carried out by Environment Ministries, Natural Resources, and Fisheries and Oceans, with strong links to COSEWIC and NGOs.
- A purpose section with a vision for biodiversity protection in Canada in line with national and international commitments and key principles including precaution, intergenerational equity, and recognition of Indigenous rights.
- A definition of biodiversity consistent with the CBD definition and includes genetic, species, and ecosystem diversity.
- Specific biodiversity outcomes, goals, and targets.
- Prohibitions with associated penalties to ensure habitat and species protection, including addressing invasive species.
- An annual biodiversity status report on forest, wetland, aquatic, coastal ecosystems, specific species, and biodiversity outcomes.
- A mandatory 7-year public review of the statute and regulations.
- Designated enforcement officers with authorities for inspection and enforcement tools on both public and private land.
- Consequential amendments to related statutes to create a more integrated approach to biodiversity restoration and long-term protection.
- Regulatory authority to establish programs to meet outcomes, goals, and targets (building on programs described under Efficiency and Redesign) and require action by multiple actors including businesses.
- Mandatory inventory and monitoring activities to gather the data needed for
the assessment of biodiversity and to evaluate progress.
