Marginal note:Multi-species or ecosystem approach permissible

67. 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

• 68. (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

• 69. (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

• 70. (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.

Marginal note:Regulations

• 71. (1) The Governor in Council may, on the recommendation of the competent minister, make any regulations with respect to aquatic species or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, that the Governor in Council considers appropriate for the purpose of implementing the measures included in the management plan.

• Marginal note:Consultation

  (2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before recommending the making of the regulation.

• Marginal note:Consultation

  (3) If the competent minister is of the opinion that a regulation would affect 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, he or she must consult the wildlife management board before recommending the making of the regulation.

• Marginal note:Incorporation by reference

  (4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory.

• Marginal note:Consultation

  (5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before recommending the making of the regulation.

• Marginal note:Exception

  (6) Subsection (5) 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 and their habitat; or

  • (b) in respect of land under the authority of the Minister or the Parks Canada Agency.

Marginal note:Monitoring

72. The competent minister must monitor the implementation of the management plan and must assess its implementation five years after the plan is included in the public registry, and in every subsequent five-year period, until its objectives have been achieved. The report must be included in the public registry.

Agreements and Permits

Marginal note:Powers of competent minister

• 73. (1) The competent minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals.

• Marginal note:Purpose

  (2) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that

  • (a) the activity is scientific research relating to the conservation of the species and conducted by qualified persons;

  • (b) the activity benefits the species or is required to enhance its chance of survival in the wild; or

  • (c) affecting the species is incidental to the carrying out of the activity.

• Marginal note:Pre-conditions

  (3) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that

  • (a) all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted;

  • (b) all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and

  • (c) the activity will not jeopardize the survival or recovery of the species.

• Marginal note:Explanation in public registry

  (3.1) If an agreement is entered into or a permit is issued, the competent minister must include in the public registry an explanation of why it was entered into or issued, taking into account the matters referred to in paragraphs (3)(a), (b) and (c).

• Marginal note:Consultation

  (4) 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 competent minister must consult the wildlife management board before entering into an agreement or issuing a permit concerning that species in that area.

• Marginal note:Consultation

  (5) If the species is found in a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, the competent minister must consult the band before entering into an agreement or issuing a permit concerning that species in that reserve or those other lands.

• Marginal note:Terms and conditions

  (6) The agreement or permit must contain any terms and conditions governing the activity that the competent minister considers necessary for protecting the species, minimizing the impact of the authorized activity on the species or providing for its recovery.

• Marginal note:Review of agreements and permits

  (7) The competent minister must review the agreement or permit if an emergency order is made with respect to the species.

• Marginal note:Amendment of agreements and permits

  (8) The competent minister may revoke or amend an agreement or a permit to ensure the survival or recovery of a species.

• Marginal note:Maximum term

  (9) No agreement may be entered into for a term longer than five years and no permit may be issued for a term longer than three years.

• Marginal note:Regulations

  (10) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations respecting the entering into of agreements, the issuance of permits and the renewal, revocation, amendment and suspension of agreements and permits.

Marginal note:Competent minister acting under other Acts

74. An agreement, permit, licence, order or other similar document authorizing a person or organization 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 by the competent minister under another Act of Parliament has the same effect as an agreement or permit under subsection 73(1) if

• (a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 73(2) to (6) and (9) are met; and

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

Marginal note:Adding terms and conditions

• 75. (1) A competent minister may add terms and conditions to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals to any agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting the species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament.

• Marginal note:Amending terms and conditions

  (2) A competent minister may also revoke or amend any term or condition in any of those documents to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals.

• Marginal note:Treaties and land claims agreements

  (3) The competent minister must take into account any applicable provisions of treaty and land claims agreements when carrying out his or her powers under this section.

Marginal note:Exemption for existing agreements, permits, etc.

76. The Governor in Council may, on the recommendation of a competent minister, by order, provide that section 32, 33, 36, 58, 60 or 61, or any regulation made under section 53, 59 or 71, does not apply, for a period of up to one year from the date of listing of a wildlife species, to agreements, permits, licences, orders or other similar documents authorizing persons to engage in an activity affecting the listed wildlife species, any part of its critical habitat or the residences of its individuals that were entered into, issued or made under another Act of Parliament before the species was listed.

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

• 77. (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: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).

Marginal note:Agreements and permits under other provincial and territorial Acts

• 78. (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 (9) are met; and

  • (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.

Project Review

Marginal note:Notification of Minister

• 79. (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 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 definitions in this subsection apply in this section.

  “person”

  « personne »

  “person” includes an association or organization, and a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act.

  “project”

  « projet »

  “project” means a project as defined in subsection 2(1) of the Canadian Environmental Assessment Act.

Emergency Orders

Marginal note:Emergency order

• 80. (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.

Marginal note:Equivalent measures

81. Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species.