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

Act current to 2017-11-20 and last amended on 2017-11-02. Previous Versions

Marginal note:Licences, permits, etc., under other Acts of Parliament
  •  (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

    • (a) 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

    • (b) all feasible measures will be taken to minimize the impact of the activity on the species’ critical habitat.

  • Marginal note:Non-application

    (1.1) Subsection (1) does not apply to the National Energy Board when it issues a certificate under an order made under subsection 54(1) of the National Energy Board Act.

  • Marginal note: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).

  • 2002, c. 29, s. 77;
  • 2012, c. 19, s. 165.
Marginal note:Agreements and permits under other provincial and territorial Acts
  •  (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

    • (a) before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 73(2), (3), (6) and (6.1) are met;

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

  • Marginal note: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.

  • 2002, c. 29, s. 78;
  • 2012, c. 19, s. 166.
Marginal note:Clarification — renewals

 For greater certainty, a reference in any of sections 73 to 78 to the entering into, issuing, making or approving of any agreement, permit, licence, order or other similar document or authorization, includes renewing it, and a reference in any of those sections or in paragraph 97(1)(c) to any such document or authorization includes one that has been renewed.

  • 2012, c. 19, s. 167.

Project Review

Marginal note:Notification of Minister
  •  (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, and every authority who makes a determination under paragraph 67(a) or (b) of the Canadian Environmental Assessment Act, 2012 in relation to a project, 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.

  • Marginal note: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.

  • Marginal note:Definitions

    (3) The following definitions apply in this section.

    person

    personne

    person includes an association, an organization, a federal authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012, and any body that is set out in Schedule 3 to that Act. (personne)

    project

    projet

    project means

  • 2002, c. 29, s. 79;
  • 2012, c. 19, s. 59.

Emergency Orders

Marginal note:Emergency order
  •  (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.

  • Marginal note: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.

  • Marginal note:Consultation

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

  • Marginal note:Contents

    (4) The emergency order may

    • (a) in the case of an aquatic species,

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

      • (ii) 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;

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

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

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

        • (B) 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

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

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

        • (B) 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

    • (c) with respect to any other species,

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

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

        • (B) 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

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

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

        • (B) include provisions prohibiting activities that may adversely affect the species and that habitat.

  • Marginal note:Exemption

    (5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act.

 
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