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

Assented to 2002-12-12

Marginal note:Parliamentary review of Act

 Five years after this section comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.

ASSESSMENT OF WILDLIFE SPECIES MENTIONED IN THE SCHEDULES

Marginal note:Assessment of status
  •  (1) COSEWIC must assess the status of each wildlife species set out in Schedule 2 or 3, and, as part of the assessment, identify existing and potential threats to the species and

    • (a) classify the species as extinct, extirpated, endangered, threatened or of special concern;

    • (b) indicate that COSEWIC does not have sufficient information to classify the species; or

    • (c) indicate that the species is not currently at risk.

  • Marginal note:Time for assessment — Schedule 2

    (2) In the case of a species set out in Schedule 2, the assessment must be completed within 30 days after section 14 comes into force.

  • Marginal note:Deemed classification

    (3) If an assessment of a wildlife species set out in Schedule 2 is not completed within the required time or, if there has been an extension, within the extended time, COSEWIC is deemed to have classified the species as indicated in Schedule 2.

  • Marginal note:Time for assessment — Schedule 3

    (4) In the case of a species set out in Schedule 3, the assessment must be completed within one year after the competent minister requests the assessment. If there is more than one competent minister with respect to the species, they must make the request jointly.

  • Marginal note:Extension

    (5) The Governor in Council may, on the recommendation of the Minister after consultation with the competent minister or ministers, by order, extend the time provided for the assessment of any species set out in Schedule 2 or 3. The Minister must include a statement in the public registry setting out the reasons for the extension.

  • Marginal note:Provisions apply

    (6) Subsections 15(2) and (3) and 21(1) and section 25 apply with respect to assessments under subsection (1).

  • Marginal note:Recent reports

    (7) In making its assessment of a wildlife species, COSEWIC may take into account and rely on any report on the species that was prepared in the two-year period before this Act receives royal assent.

Marginal note:Section 27 applies

 Section 27 applies in respect of a wildlife species referred to in section 130 that COSEWIC classifies as extinct, extirpated, endangered, threatened or of special concern or that is deemed to have been so classified.

Marginal note:Time for recovery strategy

 If a wildlife species is added to the List by the Governor in Council as the result of an assessment under section 130, the recovery strategy for the species must be prepared within three years after the listing in the case of an endangered species, and within four years in the case of a threatened species.

Marginal note:Time for management plan

 If a wildlife species is added to the List by the Governor in Council as a species of special concern as the result of an assessment under section 130, the management plan for the species must be prepared within five years after the listing.

RELATED AMENDMENTS

R.S., c. W-9; 1994, c. 23, s. 2(F)Canada Wildlife Act

 Section 4 of the Canada Wildlife Act is amended by adding the following after subsection (2):

  • Marginal note:Powers in relation to lands administered by other ministers

    (3) If public lands under the administration of a minister of the Crown other than the Minister are, in the opinion of the Minister and the other minister, required for wildlife research, conservation or interpretation, the Governor in Council may, on the recommendation of both ministers, by order, authorize the Minister to exercise, with the concurrence of the other minister, the powers referred to in subsection (2) in relation to those lands or any portion of them specified in the order.

 The Act is amended by adding the following after section 4.1:

Marginal note:Delegation by Minister
  • 4.2 (1) The Minister may delegate to any minister of the Crown in right of Canada any power conferred on the Minister under this Act. The other minister may then exercise the power subject to any terms and conditions that the Minister specifies.

  • Marginal note:Sub-delegation

    (2) The other minister may delegate any power delegated under subsection (1) to any person employed in any department for which that other minister is responsible.

Marginal note:1991, c. 50, s. 48(1)
  •  (1) Paragraph 12(a) of the Act is replaced by the following:

    • (a) prohibiting entry, generally or for any specified period or purpose, of any person on lands under the administration of the Minister, or on public lands referred to in an order made under subsection 4(3), or on any part of those lands;

  • Marginal note:1994, c. 23, s. 14(3)

    (2) Paragraphs 12(i) and (j) of the Act are replaced by the following:

    • (i) prescribing measures for the conservation of wildlife

      • (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law,

      • (ii) on public lands referred to in an order made under subsection 4(3), or

      • (iii) in any protected marine areas established pursuant to subsection 4.1(1); and

    • (j) respecting the establishment of facilities or the construction, maintenance and operation of works for wildlife research, conservation and interpretation

      • (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law,

      • (ii) on public lands referred to in an order made under subsection 4(3), or

      • (iii) in any protected marine areas established pursuant to subsection 4.1(1).

1992, c. 37Canadian Environmental Assessment Act

 The definition “environmental effect” in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following:

“environmental effect”

« effets environnementaux »

“environmental effect” means, in respect of a project,

  • (a) any change that the project may cause in the environment, including any change it may cause to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act,

  • (b) any effect of any change referred to in paragraph (a) on

    • (i) health and socio-economic conditions,

    • (ii) physical and cultural heritage,

    • (iii) the current use of lands and resources for traditional purposes by aboriginal persons, or

    • (iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, or

  • (c) any change to the project that may be caused by the environment,

whether any such change or effect occurs within or outside Canada;

1994, c. 22Migratory Birds Convention Act, 1994

 The Migratory Birds Convention Act, 1994 is amended by adding the following after section 11:

Marginal note:Delegation by Minister

11.1 The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this Act relating to its enforcement or the issuance, renewal, revocation and suspension of permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.

1992, c. 52Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

 Section 10 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is amended by adding the following after subsection (3):

  • Marginal note:Delegation by Minister

    (4) The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this section relating to permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.

 Paragraph 21(1)(c) of the Act is amended by striking out the word “and” at the end of subparagraph (iii), by adding the word “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

  • (v) for the purposes of section 8;

 The Act is amended by adding the following after section 21:

Marginal note:Order
  • 21.1 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the definition “animal” or “plant” in section 2 for the purposes of subsection 6(2).

  • Marginal note:Recommendation

    (2) If the Minister is of the opinion that the import of any specimen, living or dead, would be harmful to Canadian ecosystems or to any species in Canada and that urgent action is needed, the Minister may recommend that an order be made under subsection (1).

  • Marginal note:Duration of amendment

    (3) The amendment made by the order applies for the period specified in the order, which period may not be longer than one year from the day the order is made.

  • Marginal note:Exemption

    (4) The order is exempt from the application of section 3 of the Statutory Instruments Act.

COORDINATING AMENDMENT

Marginal note:Bill C-10

 If Bill C-10, introduced in the 1st Session of the 37th Parliament and entitled the Canada National Marine Conservation Areas Act, receives royal assent, then, on the later of the coming into force of subsection 34(2) of that Act and the definition “competent minister” in subsection 2(1) of this Act, paragraph (a) of the definition “competent minister” in subsection 2(1) of this Act is replaced by the following:

  • (a) the Minister of Canadian Heritage with respect to individuals in or on federal lands that are administered by that Minister and that are national parks, national historic sites, national marine conservation areas or other protected heritage areas as those expressions are defined in subsection 2(1) of the Parks Canada Agency Act;

 

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