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

Full Document:  

Act current to 2022-06-20 and last amended on 2022-02-03. Previous Versions

Measures to Protect Listed Wildlife Species (continued)

Protection of Critical Habitat (continued)

Marginal note:Provincial and territorial classifications

  •  (1) If a wildlife species has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall destroy any part of the habitat of that species that the provincial or territorial minister has identified as essential to the survival or recovery of the species and that is on federal lands in the province or territory.

  • Marginal note:Application

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

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

    • (a) an aquatic species; or

    • (b) the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is habitat referred to in subsection 58(5.1).

  • 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.

Marginal note:Regulations

  •  (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 Indigenous Services 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

 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

  •  (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:Date of expiry

    (6.1) The agreement or permit must set out the date of its expiry.

  • 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.

  • (9) [Repealed, 2012, c. 19, s. 163]

  • Marginal note:Regulations

    (10) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency 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:Time limits

    (11) The regulations may include provisions

    • (a) respecting time limits for issuing or renewing permits, or for refusing to do so;

    • (b) specifying the circumstances under which any of those time limits does not apply; and

    • (c) authorizing the competent minister to extend any of those time limits or to decide that a time limit does not apply, when the competent minister considers that it is appropriate to do so.

  • 2002, c. 29, s. 73
  • 2005, c. 2, s. 23
  • 2012, c. 19, s. 163
 
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