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

Act current to 2016-04-12 and last amended on 2015-05-15. Previous Versions

Marginal note:Regulations
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Exception

    (6) Subsection (5) 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 and their habitat; or

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

Marginal note:Monitoring

 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

Marginal note:Powers of competent minister
  •  (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.

  • Marginal note:Purpose

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

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

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

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

  • Marginal note:Pre-conditions

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

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

    • (b) 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

    • (c) the activity will not jeopardize the survival or recovery of the species.

  • Marginal note: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).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Date of expiry

    (6.1) The agreement or permit must set out the date of its expiry.

  • Marginal note: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.

  • Marginal note: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.

  • (9) [Repealed, 2012, c. 19, s. 163]

  • Marginal note:Regulations

    (10) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency 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.

  • Marginal note:Time limits

    (11) The regulations may include provisions

    • (a) respecting time limits for issuing or renewing permits, or for refusing to do so;

    • (b) specifying the circumstances under which any of those time limits does not apply; and

    • (c) authorizing the competent minister to extend any of those time limits or to decide that a time limit does not apply, when the competent minister considers that it is appropriate to do so.

  • 2002, c. 29, s. 73;
  • 2005, c. 2, s. 23;
  • 2012, c. 19, s. 163.
Marginal note:Competent minister acting under other Acts

 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

  • (a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 73(2) to (6.1) are met; and

  • (b) after it is entered into, issued or made, the competent minister complies with the requirements of subsection 73(7).

  • 2002, c. 29, s. 74;
  • 2012, c. 19, s. 164.
Marginal note:Adding terms and conditions
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Exemption for existing agreements, permits, etc.

 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.

 
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