Marginal note:Aboriginal and treaty rights

3. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Marginal note:Sedentary living organisms

• 4. (1) This Act also applies to sedentary living organisms on or under the continental shelf of Canada outside the exclusive economic zone.

• Meaning of “sedentary”

  (2) For the purpose of subsection (1), a living organism is sedentary if it is, at the harvestable stage, either immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.

Marginal note:Binding on Her Majesty

5. This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Purposes

6. The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened.

Marginal note:Composition

• 7. (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister responsible for the Parks Canada Agency and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory.

• Marginal note:Role

  (2) The role of the Canadian Endangered Species Conservation Council is to

  • (a) provide general direction on the activities of COSEWIC, the preparation of recovery strategies and the preparation and implementation of action plans; and

  • (b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk.

Marginal note:Responsibility of Minister

• 8. (1) The Minister is responsible for the administration of this Act, except in so far as this Act gives responsibility to another minister.

• Marginal note:Delegation

  (2) The Minister, the Minister responsible for the Parks Canada Agency or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any of that Minister’s powers or functions under this Act, relating to its enforcement.

• Marginal note:Agreement and reporting obligation

  (3) The delegation must be the subject of an agreement between the delegating minister and the delegate and the agreement must provide that the delegate is to prepare an annual report for the delegating minister on the activities undertaken under the agreement. A copy of the agreement must be included in the public registry within 45 days after it is entered into, and a copy of every annual report must be included in the public registry within 45 days after it is received by the delegating minister.