Species at Risk Act

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  action plan

  action plan means an action plan included in the public registry under subsection 50(3) and includes any amendment to it included in the public registry under section 52. (plan d’action)

  alternative measures

  alternative measures means measures, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence. (mesures de rechange)

  aquatic species

  aquatic species means a wildlife species that is a fish, as defined in section 2 of the Fisheries Act, or a marine plant, as defined in section 47 of that Act. (espèce aquatique)

  Attorney General

  Attorney General means the Attorney General of Canada or, for the purposes of sections 108 to 113, an agent of the Attorney General of Canada. (procureur général)

  Canadian Endangered Species Conservation Council

  Canadian Endangered Species Conservation Council means the Council referred to in subsection 7(1). (Conseil canadien pour la conservation des espèces en péril)

  competent minister

  competent minister means

  • (a) the Minister responsible for the Parks Canada Agency with respect to individuals in or on federal lands administered by that Agency;

  • (b) the Minister of Fisheries and Oceans with respect to aquatic species, other than individuals mentioned in paragraph (a); and

  • (c) the Minister of the Environment with respect to all other individuals. (ministre compétent)

  conveyance

  conveyance means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods. (moyen de transport)

  COSEWIC

  COSEWIC means the Committee on the Status of Endangered Wildlife in Canada established by section 14. (COSEPAC)

  critical habitat

  critical habitat means the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species. (habitat essentiel)

  emergency order

  emergency order means an order made under section 80. (décret d’urgence)

  endangered species

  endangered species means a wildlife species that is facing imminent extirpation or extinction. (espèce en voie de disparition)

  extirpated species

  extirpated species means a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild. (espèce disparue du pays)

  federal land

  federal land means

  • (a) land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land;

  • (b) the internal waters of Canada and the territorial sea of Canada; and

  • (c) reserves and any other lands that are set apart for the use and benefit of a band under the Indian Act, and all waters on and airspace above those reserves and lands. (territoire domanial)

  habitat

  habitat means

  • (a) in respect of aquatic species, spawning grounds and nursery, rearing, food supply, migration and any other areas on which aquatic species depend directly or indirectly in order to carry out their life processes, or areas where aquatic species formerly occurred and have the potential to be reintroduced; and

  • (b) in respect of other wildlife species, the area or type of site where an individual or wildlife species naturally occurs or depends on directly or indirectly in order to carry out its life processes or formerly occurred and has the potential to be reintroduced. (habitat)

  individual

  individual means an individual of a wildlife species, whether living or dead, at any developmental stage and includes larvae, embryos, eggs, sperm, seeds, pollen, spores and asexual propagules. (individu)

  land claims agreement

  land claims agreement means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982. (accord sur des revendications territoriales)

  List

  List means the List of Wildlife Species at Risk set out in Schedule 1. (liste)

  listed

  listed means listed on the List. (inscrite)

  Minister

  Minister means the Minister of the Environment. (ministre)

  offence

  offence means an offence under this Act. (infraction)

  provincial minister

  provincial minister means any minister of the government of a province who is responsible for the conservation and management of a wildlife species in that province. (ministre provincial)

  public registry

  public registry means the registry established under section 120. (registre)

  recovery strategy

  recovery strategy means a recovery strategy included in the public registry under subsection 43(2), and includes any amendment to it included in the public registry under section 45. (programme de rétablissement)

  residence

  residence means a dwelling-place, such as a den, nest or other similar area or place, that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating. (résidence)

  sell

  sell includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease. (vente)

  species at risk

  species at risk means an extirpated, endangered or threatened species or a species of special concern. (espèce en péril)

  species of special concern

  species of special concern means a wildlife species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats. (espèce préoccupante)

  status report

  status report means a report, prepared in accordance with the requirements of regulations made under subsection 21(2), that contains a summary of the best available information on the status of a wildlife species, including scientific knowledge, community knowledge and aboriginal traditional knowledge. (rapport de situation)

  territorial minister

  territorial minister means any minister of the government of a territory who is responsible for the conservation and management of a wildlife species in that territory. (ministre territorial)

  threatened species

  threatened species means a wildlife species that is likely to become an endangered species if nothing is done to reverse the factors leading to its extirpation or extinction. (espèce menacée)

  treaty

  treaty means a treaty within the meaning of section 35 of the Constitution Act, 1982. (traité)

  wildlife management board

  wildlife management board means any board or other body established under a land claims agreement that is authorized by the agreement to perform functions in respect of wildlife species. (conseil de gestion des ressources fauniques)

  wildlife species

  wildlife species means a species, subspecies, variety or geographically or genetically distinct population of animal, plant or other organism, other than a bacterium or virus, that is wild by nature and

  • (a) is native to Canada; or

  • (b) has extended its range into Canada without human intervention and has been present in Canada for at least 50 years. (espèce sauvage)

• Marginal note:Deeming

  (2) For the purposes of the definition wildlife species in subsection (1), a species, subspecies, variety or geographically or genetically distinct population is, in the absence of evidence to the contrary, presumed to have been present in Canada for at least 50 years.

• Marginal note:Competent minister

  (3) A reference to a competent minister in any provision of this Act is to be read as a reference to the competent minister in respect of the wildlife species, or the individuals of the wildlife species, to which the provision relates.