Lilliput Critical Habitat Protected

Summary#

The Critical Habitat of the Lilliput (Toxolasma parvum) Order applies legal protection to habitat needed by the freshwater mussel Lilliput (Toxolasma parvum) in southern Ontario. The order was registered and came into force on October 20, 2022 and implements the protection identified in the species’ recovery strategy posted on April 21, 2022.

What it does#

• Applies the protection in subsection 58(1) of the Species at Risk Act to the Lilliput’s critical habitat. In plain language, this triggers a legal prohibition on destroying any part of that habitat.
• Covers only the parts of the mapped areas that actually have the physical features needed by the mussel at different life stages. Maps and details are in the recovery strategy.
• Identifies critical habitat in these waterbodies (as named in the recovery strategy):
  • Belle/Ruscom rivers
  • East Sydenham River
  • Grand River
  • Hamilton Harbour (including Cootes Paradise and the Grindstone Creek estuary)
  • Jordan Harbour
  • Welland River/Oswego Creek
• Complements existing protections, such as those under the Fisheries Act, and gives Fisheries and Oceans Canada an additional tool to enforce habitat protection.

Who's affected#

• People and organizations planning works or activities in or near the listed waterways — for example, developers, municipal projects, conservation authorities, farmers, construction and dredging companies, and utilities. Project proponents must check whether their activity could harm the listed habitat.
• Fisheries and Oceans Canada (DFO) staff, because they review permits and authorizations that could affect the habitat.
• Indigenous groups near the species’ range were consulted; the recovery strategy notes no critical habitat lies on reserve lands.
• The regulatory statement says the incremental costs of the order are expected to be negligible, and it does not anticipate added costs for small businesses.

Why it matters#

• The Lilliput is listed as endangered and has a shrinking range in Canada. Protecting its critical habitat is meant to help the species survive and recover.
• If an activity would destroy part of the critical habitat, the Order makes that destruction illegal unless a permit or authorization is obtained. Permits or authorizations would include conditions to reduce harm or support recovery.
• There are real consequences for breaking the Species at Risk Act prohibitions. Penalties include fines up to $300,000 (summary conviction) or $1,000,000 (indictable) for corporations, and fines and possible imprisonment for individuals (up to $250,000 and up to 5 years, depending on the charge).
• Maps and the technical description of what counts as critical habitat are in the recovery strategy on the Species at Risk Public Registry, so anyone working in these areas should consult that document or contact the DFO before acting.