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Species at Risk Act

Measures to Protect Listed Wildlife Species

General Prohibitions

Killing, harming, etc., listed wildlife species
32. (1) No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species.

Possession, collection,
etc.
(2) No person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual.

Deeming
(3) For the purposes of subsection (2), any animal, plant or thing that is represented to be an individual, or a part or derivative of an individual, of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species is deemed, in the absence of evidence to the contrary, to be such an individual or a part or derivative of such an individual.

Damage or destruction
of residence
33. No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species, or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada.

Application - certain species in provinces
34. (1) With respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, sections 32 and 33 do not apply in lands in a province that are not federal lands unless an order is made under subsection (2) to provide that they apply.

Order
(2) The Governor in Council may, on the recommendation of the Minister, by order, provide that sections 32 and 33, or either of them, apply in lands in a province that are not federal lands with respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994.

Obligation to make recommendation
(3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the province do not effectively protect the species or the residences of its individuals.

Consultation

(4) Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult

  • the appropriate provincial minister; and

  • if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board.
Application - certain species in territories
35. (1) Sections 32 and 33 apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply.

Exception

(2) Subsection (1) does not apply

  • in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994; or

  • on land under the authority of the Minister or the Parks Canada Agency.
Obligation to make recommendation
(3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the territory do not effectively protect the species or the residences of its individuals.

Pre-conditions for recommendation

(4) Before recommending that an order be made under subsection (1), the Minister must

  • consult the appropriate territorial minister; and

  • if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, consult the wildlife management board.

Prohibitions
re provincial and
territorial
classifications

36. (1) If a wildlife species that is not listed has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall

  • kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory;

  • possess, collect, buy, sell or trade an individual of that species that is on federal lands in the province or territory, or any part or derivative of such an individual; or

  • damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory.
Application
(2) Subsection (1) applies only in respect of the portions of the federal lands that the Governor in Council may, on the recommendation of the competent minister, by order, specify.



Recovery of Endangered, Threatened and Extirpated Species

Recovery Strategy

Preparation -
endangered or
threatened species
37. (1) If a wildlife species is listed as an extirpated species, an endangered species or a threatened species, the competent minister must prepare a strategy for its recovery.

More than one
competent minister
(2) If there is more than one competent minister with respect to the wildlife species, they must prepare the strategy together and every reference to competent minister in sections 38 to 46 is to be read as a reference to the competent ministers.

Commitments to be considered
38. In preparing a recovery strategy, action plan or management plan, the competent minister must consider the commitment of the Government of Canada to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to the listed wildlife species, cost-effective measures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty.

Cooperation with others

39. (1) To the extent possible, the recovery strategy must be prepared in cooperation with

  • the appropriate provincial and territorial minister for each province and territory in which the listed wildlife species is found;

  • every minister of the Government of Canada who has authority over federal land or other areas on which the species is found;

  • if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board;

  • every aboriginal organization that the competent minister considers will be directly affected by the recovery strategy; and

  • any other person or organization that the competent minister considers appropriate.
Land claims agreement
(2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the recovery strategy must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement.

Consultation
(3) To the extent possible, the recovery strategy must be prepared in consultation with any landowners and other persons whom the competent minister considers to be directly affected by the strategy, including the government of any other country in which the species is found.

Determination of feasibility
40. In preparing the recovery strategy, the competent minister must determine whether the recovery of the listed wildlife species is technically and biologically feasible. The determination must be based on the best available information, including information provided by COSEWIC.

Contents if recovery feasible

41. (1) If the competent minister determines that the recovery of the listed wildlife species is feasible, the recovery strategy must address the threats to the survival of the species identified by COSEWIC, including any loss of habitat, and must include

  • (a.)  a description of the species and its needs that is consistent with information provided by COSEWIC;

  • (b.)  an identification of the threats to the survival of the species and threats to its habitat that is consistent with information provided by COSEWIC and a description of the broad strategy to be taken to address those threats;

  • (c.)  an identification of the species' critical habitat, to the extent possible, based on the best available information, including the information provided by COSEWIC, and examples of activities that are likely to result in its destruction;

  • (c.1)  a schedule of studies to identify critical habitat, where available information is inadequate;

  • (d.)  a statement of the population and distribution objectives that will assist the recovery and survival of the species, and a general description of the research and management activities needed to meet those objectives;

  • (e.)  any other matters that are prescribed by the regulations;

  • (f.)  a statement about whether additional information is required about the species; and

  • (g.)  a statement of when one or more action plans in relation to the recovery strategy will be completed.
Contents if recovery
not feasible
(2) If the competent minister determines that the recovery of the listed wildlife species is not feasible, the recovery strategy must include a description of the species and its needs, an identification of the species' critical habitat to the extent possible, and the reasons why its recovery is not feasible.

Multi-species or
ecosystem approach permissible
(3) The competent minister may adopt a multi-species or an ecosystem approach when preparing the recovery strategy if he or she considers it appropriate to do so.

Regulations
(4) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(e) prescribing matters to be included in a recovery strategy.

Proposed recovery strategy
42. (1) Subject to subsection (2), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species.

First listed wildlife
species
(2) With respect to wildlife species that are set out in Schedule 1 on the day section 27 comes into force, the competent minister must include a proposed recovery strategy in the public registry within three years after that day, in the case of a wildlife species listed as an endangered species, and within four years after that day, in the case of a wildlife species listed as a threatened species or an extirpated species.

Comments
43. (1) Within 60 days after the proposed recovery strategy is included in the public registry, any person may file written comments with the competent minister.

Finalization of recovery strategy
(2) Within 30 days after the expiry of the period referred to in subsection (1), the competent minister must consider any comments received, make any changes to the proposed recovery strategy that he or she considers appropriate and finalize the recovery strategy by including a copy of it in the public registry.

Existing plans
44. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of subsection 41(1) or (2), and the plan is adopted by the competent minister as the proposed recovery strategy, he or she must include it in the public registry as the proposed recovery strategy in relation to the species.

Incorporation of existing plans
(2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed recovery strategy for the species.

Amendments
45. (1) The competent minister may at any time amend the recovery strategy. A copy of the amendment must be included in the public registry.

Amendments relating
to time for completing action plan
(2) If the amendment relates to the time for completing an action plan, the competent minister must provide reasons for the amendment and include a copy of the reasons in the public registry.

Amendment procedure
(3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require.

Exception
(4) Subsection (3) does not apply if the competent minister considers the amendment to be minor.

Reporting
46. The competent minister must report on the implementation of the recovery strategy, and the progress towards meeting its objectives, within five years after it is included in the public registry and in every subsequent five-year period, until its objectives have been achieved or the species' recovery is no longer feasible. The report must be included in the public registry.


Action Plan

Preparation
47. The competent minister in respect of a recovery strategy must prepare one or more action plans based on the recovery strategy. If there is more than one competent minister with respect to the recovery strategy, they may prepare the action plan or plans together.

Cooperation with other ministers and governments

48. (1) To the extent possible, an action plan must be prepared in cooperation with

  • the appropriate provincial and territorial minister of each province and territory in which the listed wildlife species is found;

  • every minister of the Government of Canada who has authority over federal land or other areas on which the species is found;

  • if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board;

  • every aboriginal organization that the competent minister considers will be directly affected by the action plan; and

  • any other person or organization that the competent minister considers appropriate.
Land claims agreement
(2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, an action plan must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement.

Consultation
(3) To the extent possible, an action plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the action plan, including the government of any other country in which the species is found.

Contents

49. (1) An action plan must include, with respect to the area to which the action plan relates,

  • (a.)  an identification of the species' critical habitat, to the extent possible, based on the best available information and consistent with the recovery strategy, and examples of activities that are likely to result in its destruction;

  • (b.)  a statement of the measures that are proposed to be taken to protect the species' critical habitat, including the entering into of agreements under section 11;

  • (c.)  an identification of any portions of the species' critical habitat that have not been protected;

  • (d.)  a statement of the measures that are to be taken to implement the recovery strategy, including those that address the threats to the species and those that help to achieve the population and distribution objectives, as well as an indication as to when these measures are to take place;

  • (d.1)  the methods to be used to monitor the recovery of the species and its long-term viability;

  • (e)  an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation; and

  • (f)  any other matters that are prescribed by the regulations.
Regulations
(2) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(f) prescribing matters to be included in an action plan.

Proposed action plan
50. (1) The competent minister must include a proposed action plan in the public registry.

Comments
(2) Within 60 days after the proposed action plan is included in the public registry, any person may file written comments with the competent minister.

Finalization of action
plan
(3) Within 30 days after the expiry of the period referred to in subsection (2), the competent minister must consider any comments received, make any changes to the proposed action plan that he or she considers appropriate and finalize the action plan by including a copy of it in the public registry.

Summary if action plan not completed in time
(4) If an action plan is not finalized in the time set out in the recovery strategy, the competent minister must include in the public registry a summary of what has been prepared with respect to the plan.

Existing plans
51. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of section 49, and the plan is adopted by the competent minister as a proposed action plan, he or she must include it in the public registry as a proposed action plan in relation to the species.

Incorporation of existing plans
(2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed action plan for the species.

Amendments
52. (1) The competent minister may at any time amend an action plan. A copy of the amendment must be included in the public registry.

Amendment procedure
(2) Section 48 applies to amendments to an action plan, with any modifications that the circumstances require.

Exception
(3) Subsection (2) does not apply if the competent minister considers the amendment to be minor.

Regulations
53. (1) The competent minister must, with respect to aquatic species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, make any regulations that are necessary in the opinion of the competent minister for the purpose of implementing the measures included in an action plan, but, if the measures relate to the protection of critical habitat on federal lands, the regulations must be made under section 59.

Consultation
(2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before making the regulation.

Consultation
(3) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before making the regulation.

Incorporation by
reference
(4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory.

Consultation
(5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before making the regulation.

Exception

(6) Subsection (5) does not apply

  • in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 and their habitat; or

  • in respect of land under the authority of the Minister or the Parks Canada Agency.
Use of powers under
other Acts
54. For the purpose of implementing the measures included in an action plan, the competent minister may use any powers that he or she has under any other Act of Parliament.

Monitoring and reporting
55. The competent minister must monitor the implementation of an action plan and the progress towards meeting its objectives and assess and report on its implementation and its ecological and socio-economic impacts five years after the plan comes into effect. A copy of the report must be included in the public registry.



Protection of Critical Habitat

Codes of practice,
national standards or guidelines
56. The competent minister may, after consultation with the Canadian Endangered Species Conservation Council and any person whom he or she considers appropriate, establish codes of practice, national standards or guidelines with respect to the protection of critical habitat.

Purpose

57 The purpose of section 58 is to ensure that, within 180 days after the recovery strategy or action plan that identified the critical habitat referred to in subsection 58(1) is included in the public registry, all of the critical habitat is protected by

  • provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or

  • the application of subsection 58(1).

Destruction of critical habitat

58. (1) Subject to this section, no person shall destroy any part of the critical habitat of any listed endangered species or of any listed threatened species - or of any listed extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada - if

  • the critical habitat is on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada;

  • the listed species is an aquatic species; or

  • the listed species is a species of migratory birds protected by the Migratory Birds Convention Act, 1994.
Protected areas
(2) If the critical habitat or a portion of the critical habitat is in a national park of Canada named and described in Schedule 1 to the Canada National Parks Act, a marine protected area under the Oceans Act, a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 or a national wildlife area under the Canada Wildlife Act, the competent Minister must, within 90 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, publish in the Canada Gazette a description of the critical habitat or portion that is in that park, area or sanctuary.

Application
(3) If subsection (2) applies, subsection (1) applies to the critical habitat or the portion of the critical habitat described in the Canada Gazette under subsection (2) 90 days after the description is published in the Canada Gazette.

Application
(4) If all of the critical habitat or any portion of the critical habitat is not in a place referred to in subsection (2), subsection (1) applies in respect of the critical habitat or portion of the critical habitat, as the case may be, specified in an order made by the competent minister.

Obligation to make
order or statement

(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),

  • 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

  • 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.
Habitat of migratory
birds
(5.1) Despite subsection (4), with respect to the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is not on federal land, in the exclusive economic zone of Canada, on the continental shelf of Canada or in a migratory bird sanctuary referred to in subsection (2), subsection (1) applies only to those portions of the critical habitat that are habitat to which that Act applies and that the Governor in Council may, by order, specify on the recommendation of the competent minister.

Obligation to make recommendation

(5.2) The competent minister must, within 180 days after the recovery strategy or action plan that identified the critical habitat that includes habitat to which the Migratory Birds Convention Act, 1994 applies is included in the public registry, and after consultation with every other competent minister,

  • make the recommendation if he or she is of the opinion there are no provisions in, or other measures under, this or any other Act of Parliament, including agreements under section 11, that legally protect any portion or portions of the habitat to which that Act applies; or

  • if the competent minister does not make the recommendation, he or she must include in the public registry a statement setting out how the critical habitat that is habitat to which that Act applies, or portions of it, as the case may be, are legally protected.
Consultation
(6) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before making the order under subsection (4) or the recommendation under subsection (5.2).

Consultation
(7) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before making the order under subsection (4) or the recommendation under subsection (5.2).

Consultation
(8) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before making the order under subsection (4) or the recommendation under subsection (5.2).

Consultation
(9) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land that is under the authority of another federal minister, other than a competent minister, he or she must consult the other federal minister before making the order under subsection (4) or the recommendation under subsection (5.2).

Regulations re federal lands
59. (1) The Governor in Council may, on the recommendation of the competent minister after consultation with every other competent minister, make regulations to protect critical habitat on federal lands.

Obligation to make recommendation
(2) The competent minister must make the recommendation if the recovery strategy or an action plan identifies a portion of the critical habitat as being unprotected and the competent minister is of the opinion that the portion requires protection.

Contents
(3) The regulations may include provisions requiring the doing of things that protect the critical habitat and provisions prohibiting activities that may adversely affect the critical habitat.

Consultation
(4) If the competent minister is of the opinion that a regulation would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the regulation.

Consultation
(5) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before recommending the making of the regulation.

Consultation
(6) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the regulation.

Provincial and territorial classifications
60. (1) If a wildlife species has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall destroy any part of the habitat of that species that the provincial or territorial minister has identified as essential to the survival or recovery of the species and that is on federal lands in the province or territory.

Application
(2) Subsection (1) applies only to the portions of the habitat that the Governor in Council may, on the recommendation of the competent minister, by order, specify.

Destruction of critical habitat
61. (1) No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species that is in a province or territory and that is not part of federal lands.

Exception

(1.1) Subsection (1) does not apply in respect of

  • an aquatic species; or

  • the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is habitat referred to in subsection 58(5.1).
Application
(2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the Minister, by order, specify.

Power to make recommendation

(3) The Minister may make a recommendation if

  • a provincial minister or territorial minister has requested that the recommendation be made; or

  • the Canadian Endangered Species Conservation Council has recommended that the recommendation be made.

Obligation to make recommendation

(4) The Minister must make a recommendation if he or she is of the opinion, after consultation with the appropriate provincial or territorial minister, that

  • there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11; and

  • the laws of the province or territory do not effectively protect the critical habitat.
Expiry and renewal of order
(5) An order made under subsection (2) expires five years after the day on which it is made or renewed, unless the Governor in Council, by order, renews it.

Recommendation to repeal order
(6) If the Minister is of the opinion that an order made under subsection (2) is no longer necessary to protect the portion of the critical habitat to which the order relates or that the province or territory has brought into force laws that protect the portion, the Minister must recommend that the order be repealed.

Acquisition of lands
62. A competent minister may enter into an agreement with any government in Canada, organization or person to acquire any lands or interests in land for the purpose of protecting the critical habitat of any species at risk.

Progress reports on unprotected portions of critical habitat
63. If in the opinion of the Minister any portion of the critical habitat of a listed wildlife species remains unprotected 180 days after the recovery strategy or action plan that identified the critical habitat was included in the public registry, the Minister must include in that registry a report on the steps taken to protect the critical habitat. The Minister must continue to report with respect to every subsequent period of 180 days until the portion is protected or is no longer identified as critical habitat.

Compensation

64. (1) The Minister may, in accordance with the regulations, provide fair and reasonable compensation to any person for losses suffered as a result of any extraordinary impact of the application of

  • section 58, 60 or 61; or

  • an emergency order in respect of habitat identified in the emergency order that is necessary for the survival or recovery of a wildlife species.

Regulations

(2) The Governor in Council shall make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of subsection (1), including regulations prescribing

  • the procedures to be followed in claiming compensation;

  • the methods to be used in determining the eligibility of a person for compensation, the amount of loss suffered by a person and the amount of compensation in respect of any loss; and

  • the terms and conditions for the provision of compensation.



Management of Species of Special Concern

Preparation of management plan
65. If a wildlife species is listed as a species of special concern, the competent minister must prepare a management plan for the species and its habitat. The plan must include measures for the conservation of the species that the competent minister considers appropriate and it may apply with respect to more than one wildlife species.

Cooperation with
other ministers and governments

66. (1) To the extent possible, the management plan must be prepared in cooperation with

  • the appropriate provincial and territorial minister of each province and territory in which the listed wildlife species is found;

  • every minister of the Government of Canada who has authority over federal land or other areas on which the species is found;

  • if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board;

  • every aboriginal organization that the competent minister considers will be directly affected by the management plan; and

  • any other person or organization that the competent minister considers appropriate.
Land claims agreement
(2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the management plan must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement.

Consultation
(3) To the extent possible, the management plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the management plan, including the government of any other country in which the species is found.

Multi-species or
ecosystem approach permissible
67. The competent minister may adopt a multi-species or an ecosystem approach when preparing the management plan if he or she considers it appropriate to do so.

Proposed management plan
68. (1) Subject to subsection (2), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern.

First listed species
(2) With respect to a wildlife species that is set out in Schedule 1 as a species of special concern on the day section 27 comes into force, the competent minister must include a proposed management plan in the public registry within five years after that day.

Comments
(3) Within 60 days after the proposed management plan is included in the public registry, any person may file written comments with the competent minister.

Finalization of management plan
(4) Within 30 days after the expiry of the period referred to in subsection (3), the competent minister must consider any comments received, make any changes to the proposed management plan that he or she considers appropriate and finalize the management plan by including a copy of it in the public registry.

Existing plans
69. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species includes adequate measures for the conservation of the species and the competent minister adopts the existing plan as the proposed management plan, he or she must include a copy of it in the public registry as the proposed management plan in relation to the species.

Incorporation of
existing plans
(2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed management plan for the species.

Amendments
70. (1) The competent minister may at any time amend a management plan. A copy of the amendment must be included in the public registry.

Amendment procedure
(2) Section 66 applies to amendments to the management plan, with any modifications that the circumstances require.

Exception
(3) Subsection (2) does not apply if the competent minister considers the amendment to be minor.

Regulations
71. (1) The Governor in Council may, on the recommendation of the competent minister, make any regulations with respect to aquatic species or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, that the Governor in Council considers appropriate for the purpose of implementing the measures included in the management plan.

Consultation
(2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before recommending the making of the regulation.

Consultation
(3) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the regulation.

Incorporation by
reference
(4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory.

Consultation
(5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before recommending the making of the regulation.

Exception

(6) Subsection (5) does not apply

  • in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 and their habitat; or

  • in respect of land under the authority of the Minister or the Parks Canada Agency.
Monitoring
72. The competent minister must monitor the implementation of the management plan and must assess its implementation five years after the plan is included in the public registry, and in every subsequent five-year period, until its objectives have been achieved. The report must be included in the public registry.



Agreements and Permits

Powers of competent minister
73. (1) The competent minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals.

Purpose

(2) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that

  • the activity is scientific research relating to the conservation of the species and conducted by qualified persons;

  • the activity benefits the species or is required to enhance its chance of survival in the wild; or

  • affecting the species is incidental to the carrying out of the activity.

Pre-conditions

(3) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that

  • all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted;

  • all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and

  • the activity will not jeopardize the survival or recovery of the species.
Explanation in public registry
(3.1) If an agreement is entered into or a permit is issued, the competent minister must include in the public registry an explanation of why it was entered into or issued, taking into account the matters referred to in paragraphs (3)(a), (b) and (c).

Consultation
(4) If the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the competent minister must consult the wildlife management board before entering into an agreement or issuing a permit concerning that species in that area.

Consultation
(5) If the species is found in a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, the competent minister must consult the band before entering into an agreement or issuing a permit concerning that species in that reserve or those other lands.

Terms and conditions
(6) The agreement or permit must contain any terms and conditions governing the activity that the competent minister considers necessary for protecting the species, minimizing the impact of the authorized activity on the species or providing for its recovery.

Review of agreements
and permits
(7) The competent minister must review the agreement or permit if an emergency order is made with respect to the species.

Amendment of agreements and
permits
(8) The competent minister may revoke or amend an agreement or a permit to ensure the survival or recovery of a species.

Maximum term
(9) No agreement may be entered into for a term longer than five years and no permit may be issued for a term longer than three years.

Regulations
(10) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations respecting the entering into of agreements, the issuance of permits and the renewal, revocation, amendment and suspension of agreements and permits.

Competent minister
acting under other Acts

74. An agreement, permit, licence, order or other similar document authorizing a person or organization to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament has the same effect as an agreement or permit under subsection 73(1) if

  • before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 73(2) to (6) and (9) are met; and

  • after it is entered into, issued or made, the competent minister complies with the requirements of subsection 73(7).
Adding terms and conditions
75. (1) A competent minister may add terms and conditions to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals to any agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting the species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament.

Amending terms and conditions
(2) A competent minister may also revoke or amend any term or condition in any of those documents to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals.

Treaties and land claims agreements
(3) The competent minister must take into account any applicable provisions of treaty and land claims agreements when carrying out his or her powers under this section.

Exemption for existing agreements, permits,
etc.
76. The Governor in Council may, on the recommendation of a competent minister, by order, provide that section 32, 33, 36, 58, 60 or 61, or any regulation made under section 53, 59 or 71, does not apply, for a period of up to one year from the date of listing of a wildlife species, to agreements, permits, licences, orders or other similar documents authorizing persons to engage in an activity affecting the listed wildlife species, any part of its critical habitat or the residences of its individuals that were entered into, issued or made under another Act of Parliament before the species was listed.

Licences, permits, etc., under other Acts of Parliament

77 (1) Despite any other Act of Parliament, any person or body, other than a competent minister, authorized under any Act of Parliament, other than this Act, to issue or approve a licence, a permit or any other authorization that authorizes an activity that may result in the destruction of any part of the critical habitat of a listed wildlife species may enter into, issue, approve or make the authorization only if the person or body has consulted with the competent minister, has considered the impact on the species' critical habitat and is of the opinion that

  • all reasonable alternatives to the activity that would reduce the impact on the species' critical habitat have been considered and the best solution has been adopted; and

  • all feasible measures will be taken to minimize the impact of the activity on the species' critical habitat.
Application of section 58
(2) For greater certainty, section 58 applies even though a licence, a permit or any other authorization has been issued in accordance with subsection (1).

Agreements and permits under other provincial
and territorial Acts

78. (1) An agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made under an Act of the legislature of a province or a territory by a provincial or territorial minister with whom a competent minister has entered into an agreement under section 10 has the same effect as an agreement or permit under subsection 73(1) if

  • before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 73(2), (3), (6) and (9) are met; and

  • after it is entered into, issued or made, the provincial or territorial minister complies with the requirements of subsection 73(7).
Interpretation
(2) For the purpose of subsection (1), the references to "competent minister" in subsections 73(2), (3), (6) and (7) are to be read as references to "provincial minister" or "territorial minister", as the case may be.



Project Review

Notification of Minister
79. (1) Every person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat.

Required action
(2) The person must identify the adverse effects of the project on the listed wildlife species and its critical habitat and, if the project is carried out, must ensure that measures are taken to avoid or lessen those effects and to monitor them. The measures must be taken in a way that is consistent with any applicable recovery strategy and action plans.

Definitions
(3) The definitions in this subsection apply in this section.

"person"
« personne »
"person" includes an association or organization, and a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act.

"project"
« projet »
"project" means a project as defined in subsection 2(1) of the Canadian Environmental Assessment Act.



Emergency Orders

Emergency order
80. (1) The Governor in Council may, on the recommendation of the competent minister, make an emergency order to provide for the protection of a listed wildlife species.

Obligation to make recommendation
(2) The competent minister must make the recommendation if he or she is of the opinion that the species faces imminent threats to its survival or recovery.

Consultation
(3) Before making a recommendation, the competent minister must consult every other competent minister.

Contents

(4) The emergency order may

  • in the case of an aquatic species,

    • identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

    • include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat;

  • in the case of a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994,

    • on federal land or in the exclusive economic zone of Canada,

      • identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

      • include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and

    • on land other than land referred to in subparagraph (i),

      • identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

      • include provisions requiring the doing of things that protect the species and provisions prohibiting activities that may adversely affect the species and that habitat; and

  • with respect to any other species,

    • on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada,

      • identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

      • include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and

    • on land other than land referred to in subparagraph (i),

      • identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

      • include provisions prohibiting activities that may adversely affect the species and that habitat.
Exemption
(5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act.

Equivalent measures
81. Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species.

Recommendation to repeal
82. If the competent minister is of the opinion that the species to which the emergency order relates would no longer face imminent threats to its survival or recovery even if the order were repealed, he or she must make a recommendation to the Governor in Council that the emergency order be repealed.



Exceptions

General exceptions

83. (1) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1), regulations made under section 53, 59 or 71 and emergency orders do not apply to a person who is engaging in

  • activities related to public safety, health or national security, that are authorized by or under any other Act of Parliament or activities under the Health of Animals Act and the Plant Protection Act for the health of animals and plants; or

  • activities authorized under section 73, 74 or 78 by an agreement, permit, licence, order or similar document.

Authorization of
activities under other
Acts

(2) A power under an Act described in paragraph (1)(a) may be used to authorize an activity prohibited by subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1), a regulation made under section 53, 59 or 71 or an emergency order only if the person exercising the power

  • determines that the activity is necessary for the protection of public safety, health, including animal and plant health, or national security; and

  • respects the purposes of this Act to the greatest extent possible.
Exceptions - land claims agreements
(3) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1) and regulations made under section 53, 59 or 71 do not apply to a person who is engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement.

Exemptions for
permitted activities
(4) Subsections 32(1) and (2), section 33 and subsections 36(1), 58(1), 60(1) and 61(1) do not apply to a person who is engaging in activities that are permitted by a recovery strategy, an action plan or a management plan and who is also authorized under an Act of Parliament to engage in that activity, including a regulation made under section 53, 59 or 71.

Additional possession exceptions

(5) Subsection 32(2) and paragraph 36(1)(b) do not apply to a person who possesses an individual of a listed extirpated, endangered or threatened species, or any part or derivative of such an individual, if

  • it was in the person's possession when the species was listed;

  • it is used by an aboriginal person for ceremonial or medicinal purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an aboriginal person;

  • the person acquired it legally in another country and imported it legally into Canada;

  • the person acquired it by succession from someone who was entitled to possess it under this Act;

  • the person acquired it under circumstances that would afford them a defence under section 100 and the person possesses it only for as long as is necessary to donate it to a museum, a zoo, an educational institution, a scientific society or a government;

  • the person is, or is acting on behalf of, a museum, zoo, educational institution, scientific society or government and the person acquired it from someone who was entitled to possess it under this Act; or

  • it or the person is otherwise exempt by the regulations.
Regulations
84. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g).