Species at Risk Act (S.C. 2002, c. 29)

Marginal note: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.

• Marginal note:Exception

  (2) Subsection (1) does not apply

  • (a) 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

  • (b) on land under the authority of the Minister or the Parks Canada Agency.

• Marginal note: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.

• Marginal note:Pre-conditions for recommendation

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

  • (a) consult the appropriate territorial minister; and

  • (b) 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.

Marginal note: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

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

  • (b) 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

  • (c) damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.