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:Annual reports

 COSEWIC must annually provide a report on its activities to the Canadian Endangered Species Conservation Council and a copy of that report must be included in the public registry.

List of Wildlife Species at Risk

Marginal note:Power to amend List
  •  (1) The Governor in Council may, on the recommendation of the Minister, by order amend the List in accordance with subsections (1.1) and (1.2) by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species, and the Minister may, by order, amend the List in a similar fashion in accordance with subsection (3).

  • Marginal note:Decision in respect of assessment

    (1.1) Subject to subsection (3), the Governor in Council, within nine months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister,

    • (a) accept the assessment and add the species to the List;

    • (b) decide not to add the species to the List; or

    • (c) refer the matter back to COSEWIC for further information or consideration.

  • Marginal note:Statement of reasons

    (1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b) or (c), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons.

  • Marginal note:Pre-conditions for recommendation

    (2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must

    • (a) take into account the assessment of COSEWIC in respect of the species;

    • (b) consult the competent minister or ministers; and

    • (c) 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 a wildlife species, consult the wildlife management board.

  • Marginal note:Amendment of List by Minister

    (3) Where the Governor in Council has not taken a course of action under subsection (1.1) within nine months after receiving an assessment of the status of a species by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC’s assessment.

Marginal note:Applications for assessment of imminent threat
  •  (1) Any person who considers that there is an imminent threat to the survival of a wildlife species may apply to COSEWIC for an assessment of the threat for the purpose of having the species listed on an emergency basis under subsection 29(1) as an endangered species.

  • Marginal note:Information to be included in application

    (2) The application must include relevant information indicating that there is an imminent threat to the survival of the species.

  • Marginal note:Regulations

    (3) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.

  • Marginal note:Notice

    (4) COSEWIC must provide the applicant, the Minister and the Canadian Endangered Species Conservation Council with a copy of its assessment. A copy of the assessment must be included in the public registry.

  • 2002, c. 29, s. 28;
  • 2005, c. 2, s. 20.
Marginal note:Emergency listing
  •  (1) If the Minister is of the opinion that there is an imminent threat to the survival of a wildlife species, the Minister must, on an emergency basis, after consultation with every other competent minister, make a recommendation to the Governor in Council that the List be amended to list the species as an endangered species.

  • Marginal note:Formation of opinion

    (2) The Minister may arrive at that opinion on the basis of his or her own information or on the basis of COSEWIC’s assessment.

  • Marginal note:Exemption

    (3) If a recommendation is made under subsection (1), subsection 27(2) does not apply to any order that is made under subsection 27(1) on the basis of that recommendation, and the order is exempt from the application of section 3 of the Statutory Instruments Act.

Marginal note:Review
  •  (1) As soon as possible after an order is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the order, COSEWIC must, in a report in writing to the Minister,

    • (a) confirm the classification of the species;

    • (b) recommend to the Minister that the species be reclassified; or

    • (c) recommend to the Minister that the species be removed from the List.

  • Marginal note:Copy of report

    (2) Within 30 days after the report is received by the Minister, a copy of the report must be included in the public registry.

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.

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

 
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