Marginal note:Aboriginal and treaty rights

3. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Marginal note:Sedentary living organisms

• 4. (1) This Act also applies to sedentary living organisms on or under the continental shelf of Canada outside the exclusive economic zone.

• Meaning of “sedentary”

  (2) For the purpose of subsection (1), a living organism is sedentary if it is, at the harvestable stage, either immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.

HER MAJESTY

Marginal note:Binding on Her Majesty

5. This Act is binding on Her Majesty in right of Canada or a province.

PURPOSES

Marginal note:Purposes

6. The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened.

CANADIAN ENDANGERED SPECIES CONSERVATION COUNCIL

Marginal note:Composition

• 7. (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister of Canadian Heritage and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory.

• Marginal note:Role

  (2) The role of the Canadian Endangered Species Conservation Council is to

  • (a) provide general direction on the activities of COSEWIC, the preparation of recovery strategies and the preparation and implementation of action plans; and

  • (b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk.

ADMINISTRATION OF ACT

Marginal note:Responsibility of Minister

• 8. (1) The Minister is responsible for the administration of this Act, except in so far as this Act gives responsibility to another minister.

• Marginal note:Delegation

  (2) The Minister, the Minister of Canadian Heritage or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, 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 of that Minister’s powers or functions under this Act, relating to its enforcement.

• Marginal note:Agreement and reporting obligation

  (3) The delegation must be the subject of an agreement between the delegating minister and the delegate and the agreement must provide that the delegate is to prepare an annual report for the delegating minister on the activities undertaken under the agreement. A copy of the agreement must be included in the public registry within 45 days after it is entered into, and a copy of every annual report must be included in the public registry within 45 days after it is received by the delegating minister.

Marginal note:National Aboriginal Council on Species at Risk

8.1 The Minister shall establish a Council, to be known as the National Aboriginal Council on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate. The role of the Council is to

• (a) advise the Minister on the administration of this Act; and

• (b) provide advice and recommendations to the Canadian Endangered Species Conservation Council.

Marginal note:Advisory committees to assist Minister

• 9. (1) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, establish one or more committees to advise the Minister on the administration of this Act.

• Marginal note:Advisory committees to assist Council

  (2) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, establish one or more committees to advise the Council on matters related to the Council’s role.

Marginal note:Administrative agreements

10. A competent minister may, after consultation with every other competent minister, enter into an agreement with any government in Canada, organization or wildlife management board with respect to the administration of any provision of this Act for which that competent minister has responsibility, including the preparation and implementation of recovery strategies, action plans and management plans.

STEWARDSHIP ACTION PLAN

Marginal note:Stewardship action plan

10.1 The Minister, after consultation with the Canadian Endangered Species Conservation Council, may establish a stewardship action plan that creates incentives and other measures to support voluntary stewardship actions taken by any government in Canada, organization or person. A copy of the stewardship action plan must be included in the public registry.

Marginal note:Contents

10.2 The stewardship action plan must include, but is not limited to, commitments to

• (a) regularly examine incentives and programs that support actions taken by persons to protect species at risk;

• (b) provide information and increase public awareness about species at risk;

• (c) methods for sharing information about species at risk, including community and aboriginal traditional knowledge, that respect, preserve and maintain knowledge and promote their wider application with the approval of the holders of such knowledge, with other governments and persons;

• (d) create awards and recognition programs;

• (e) provide information respecting programs related to stewardship agreements, land conservation easements and other such agreements; and

• (f) provide information relating to the technical and scientific support available to persons engaged in stewardship activities.

STEWARDSHIP

Marginal note:Conservation agreements — species at risk

• 11. (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into a conservation agreement with any government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild.

• Marginal note:Contents

  (2) The agreement must provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, and may include measures with respect to

  • (a) monitoring the status of the species;

  • (b) developing and implementing education and public awareness programs;

  • (c) developing and implementing recovery strategies, action plans and management plans;

  • (d) protecting the species’ habitat, including its critical habitat; or

  • (e) undertaking research projects in support of recovery efforts for the species.

Marginal note:Conservation agreements — other species

• 12. (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into an agreement with any government in Canada, organization or person to provide for the conservation of a wildlife species that is not a species at risk.

• Marginal note:Contents

  (2) The agreement may provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, including measures with respect to

  • (a) monitoring the status of the species;

  • (b) developing and implementing education and public awareness programs;

  • (c) protecting the species’ habitat; and

  • (d) preventing the species from becoming a species at risk.

Marginal note:Funding agreements

• 13. (1) A competent minister may enter into an agreement with any government in Canada, organization or person to provide for the payment of contributions towards the costs of programs and measures for the conservation of wildlife species, including programs and measures under an agreement entered into under subsection 11(1) or 12(1).

• Marginal note:Provisions to be included

  (2) The agreement must specify

  • (a) the contribution towards the cost of the program or measure that is payable by any party and the time or times at which any amounts under the agreement will be paid;

  • (b) the authority or person who will be responsible for operating and maintaining the program or measure or any part of it;

  • (c) the proportions of any revenue from the program or measure that is payable to the parties; and

  • (d) the terms and conditions governing the operation and maintenance of the program or measure.

WILDLIFE SPECIES LISTING PROCESS

Committee on the Status of Endangered Wildlife in Canada

Marginal note:Establishment

14. The Committee on the Status of Endangered Wildlife in Canada is hereby established.

Marginal note:Functions

• 15. (1) The functions of COSEWIC are to

  • (a) assess the status of each wildlife species considered by COSEWIC to be at risk and, as part of the assessment, identify existing and potential threats to the species and

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

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

    • (iii) indicate that the species is not currently at risk;

  • (b) determine when wildlife species are to be assessed, with priority given to those more likely to become extinct;

  • (c) conduct a new assessment of the status of species at risk and, if appropriate, reclassify or declassify them;

  • (c.1) indicate in the assessment whether the wildlife species migrates across Canada’s boundary or has a range extending across Canada’s boundary;

  • (d) develop and periodically review criteria for assessing the status of wildlife species and for classifying them and recommend the criteria to the Minister and the Canadian Endangered Species Conservation Council; and

  • (e) provide advice to the Minister and the Canadian Endangered Species Conservation Council and perform any other functions that the Minister, after consultation with that Council, may assign.

• Marginal note:Best information and knowledge

  (2) COSEWIC must carry out its functions on the basis of the best available information on the biological status of a species, including scientific knowledge, community knowledge and aboriginal traditional knowledge.

• Marginal note:Treaties and land claims agreements

  (3) COSEWIC must take into account any applicable provisions of treaty and land claims agreements when carrying out its functions.