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

Act current to 2017-10-13 and last amended on 2017-06-20. Previous Versions

Marginal note:Destruction of critical habitat
  •  (1) No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species that is in a province or territory and that is not part of federal lands.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply in respect of

  • Marginal note:Application

    (2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the Minister, by order, specify.

  • Marginal note:Power to make recommendation

    (3) The Minister may make a recommendation if

    • (a) a provincial minister or territorial minister has requested that the recommendation be made; or

    • (b) the Canadian Endangered Species Conservation Council has recommended that the recommendation be made.

  • Marginal note:Obligation to make recommendation

    (4) The Minister must make a recommendation if he or she is of the opinion, after consultation with the appropriate provincial or territorial minister, that

    • (a) there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11; and

    • (b) the laws of the province or territory do not effectively protect the critical habitat.

  • Marginal note:Expiry and renewal of order

    (5) An order made under subsection (2) expires five years after the day on which it is made or renewed, unless the Governor in Council, by order, renews it.

  • Marginal note:Recommendation to repeal order

    (6) If the Minister is of the opinion that an order made under subsection (2) is no longer necessary to protect the portion of the critical habitat to which the order relates or that the province or territory has brought into force laws that protect the portion, the Minister must recommend that the order be repealed.

Marginal note:Acquisition of lands

 A competent minister may enter into an agreement with any government in Canada, organization or person to acquire any lands or interests in land for the purpose of protecting the critical habitat of any species at risk.

Marginal note:Progress reports on unprotected portions of critical habitat

 If in the opinion of the Minister any portion of the critical habitat of a listed wildlife species remains unprotected 180 days after the recovery strategy or action plan that identified the critical habitat was included in the public registry, the Minister must include in that registry a report on the steps taken to protect the critical habitat. The Minister must continue to report with respect to every subsequent period of 180 days until the portion is protected or is no longer identified as critical habitat.

Marginal note:Compensation
  •  (1) The Minister may, in accordance with the regulations, provide fair and reasonable compensation to any person for losses suffered as a result of any extraordinary impact of the application of

    • (a) section 58, 60 or 61; or

    • (b) an emergency order in respect of habitat identified in the emergency order that is necessary for the survival or recovery of a wildlife species.

  • Marginal note:Regulations

    (2) The Governor in Council shall make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of subsection (1), including regulations prescribing

    • (a) the procedures to be followed in claiming compensation;

    • (b) the methods to be used in determining the eligibility of a person for compensation, the amount of loss suffered by a person and the amount of compensation in respect of any loss; and

    • (c) the terms and conditions for the provision of compensation.

Management of Species of Special Concern

Marginal note:Preparation of management plan

 If a wildlife species is listed as a species of special concern, the competent minister must prepare a management plan for the species and its habitat. The plan must include measures for the conservation of the species that the competent minister considers appropriate and it may apply with respect to more than one wildlife species.

Marginal note:Cooperation with other ministers and governments
  •  (1) To the extent possible, the management plan must be prepared in cooperation with

    • (a) the appropriate provincial and territorial minister of each province and territory in which the listed wildlife species is found;

    • (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found;

    • (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 wildlife species, the wildlife management board;

    • (d) every aboriginal organization that the competent minister considers will be directly affected by the management plan; and

    • (e) any other person or organization that the competent minister considers appropriate.

  • Marginal note:Land claims agreement

    (2) If the listed wildlife 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 management plan must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement.

  • Marginal note:Consultation

    (3) To the extent possible, the management plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the management plan, including the government of any other country in which the species is found.

Marginal note:Multi-species or ecosystem approach permissible

 The competent minister may adopt a multi-species or an ecosystem approach when preparing the management plan if he or she considers it appropriate to do so.

Marginal note:Proposed management plan
  •  (1) Subject to subsection (2), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern.

  • Marginal note:First listed species

    (2) With respect to a wildlife species that is set out in Schedule 1 as a species of special concern on the day section 27 comes into force, the competent minister must include a proposed management plan in the public registry within five years after that day.

  • Marginal note:Comments

    (3) Within 60 days after the proposed management plan is included in the public registry, any person may file written comments with the competent minister.

  • Marginal note:Finalization of management plan

    (4) Within 30 days after the expiry of the period referred to in subsection (3), the competent minister must consider any comments received, make any changes to the proposed management plan that he or she considers appropriate and finalize the management plan by including a copy of it in the public registry.

Marginal note:Existing plans
  •  (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species includes adequate measures for the conservation of the species and the competent minister adopts the existing plan as the proposed management plan, he or she must include a copy of it in the public registry as the proposed management plan in relation to the species.

  • Marginal note:Incorporation of existing plans

    (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed management plan for the species.

Marginal note:Amendments
  •  (1) The competent minister may at any time amend a management plan. A copy of the amendment must be included in the public registry.

  • Marginal note:Amendment procedure

    (2) Section 66 applies to amendments to the management plan, with any modifications that the circumstances require.

  • Marginal note:Exception

    (3) Subsection (2) does not apply if the competent minister considers the amendment to be minor.

 
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