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

Marginal note:General exceptions

• 83 (1) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1), regulations made under section 53, 59 or 71 and emergency orders do not apply to a person who is engaging in

  • (a) activities related to public safety, health or national security, that are authorized by or under any other Act of Parliament or activities under the Health of Animals Act and the Plant Protection Act for the health of animals and plants; or

  • (b) activities authorized under section 73, 74 or 78 by an agreement, permit, licence, order or similar document.

• Marginal note:Authorization of activities under other Acts

  (2) A power under an Act described in paragraph (1)(a) may be used to authorize an activity prohibited by subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1), a regulation made under section 53, 59 or 71 or an emergency order only if the person exercising the power

  • (a) determines that the activity is necessary for the protection of public safety, health, including animal and plant health, or national security; and

  • (b) respects the purposes of this Act to the greatest extent possible.

• Marginal note:Exceptions — land claims agreements

  (3) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1) and regulations made under section 53, 59 or 71 do not apply to a person who is engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement.

• Marginal note:Exemptions for permitted activities

  (4) Subsections 32(1) and (2), section 33 and subsections 36(1), 58(1), 60(1) and 61(1) do not apply to a person who is engaging in activities that are permitted by a recovery strategy, an action plan or a management plan and who is also authorized under an Act of Parliament to engage in that activity, including a regulation made under section 53, 59 or 71.

• Marginal note:Additional possession exceptions

  (5) Subsection 32(2) and paragraph 36(1)(b) do not apply to a person who possesses an individual of a listed extirpated, endangered or threatened species, or any part or derivative of such an individual, if

  • (a) it was in the person’s possession when the species was listed;

  • (b) it is used by an aboriginal person for ceremonial or medicinal purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an aboriginal person;

  • (c) the person acquired it legally in another country and imported it legally into Canada;

  • (d) the person acquired it by succession from someone who was entitled to possess it under this Act;

  • (e) the person acquired it under circumstances that would afford them a defence under section 100 and the person possesses it only for as long as is necessary to donate it to a museum, a zoo, an educational institution, a scientific society or a government;

  • (f) the person is, or is acting on behalf of, a museum, zoo, educational institution, scientific society or government and the person acquired it from someone who was entitled to possess it under this Act; or

  • (g) it or the person is otherwise exempt by the regulations.