Species at Risk Act

Marginal note:Regulations

• 53 (1) The competent minister must, with respect to aquatic species, 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, make any regulations that are necessary in the opinion of the competent minister for the purpose of implementing the measures included in an action plan, but, if the measures relate to the protection of critical habitat on federal lands, the regulations must be made under section 59.

• 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 making 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 making 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 making 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.