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

Act current to 2014-07-22 and last amended on 2013-03-08. Previous Versions

Marginal note:Recommendation to amend List

 If COSEWIC makes a recommendation under paragraph 30(1)(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List.

MEASURES TO PROTECT LISTED WILDLIFE SPECIES

General Prohibitions

Marginal note:Killing, harming, etc., listed wildlife species
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Damage or destruction of residence

 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.

Marginal note:Application — certain species in provinces
  •  (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.

  • Marginal note: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.

  • 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 province do not effectively protect the species or the residences of its individuals.

  • Marginal note:Consultation

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

    • (a) the appropriate provincial 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, the wildlife management board.