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

Marginal note:Power to amend List

• 27 (1) The Governor in Council may, on the recommendation of the Minister, by order amend the List in accordance with subsections (1.1) and (1.2) by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species, and the Minister may, by order, amend the List in a similar fashion in accordance with subsection (3).

• Marginal note:Decision in respect of assessment

  (1.1) Subject to subsection (3), the Governor in Council, within nine months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister,

  • (a) accept the assessment and add the species to the List;

  • (b) decide not to add the species to the List; or

  • (c) refer the matter back to COSEWIC for further information or consideration.

• Marginal note:Statement of reasons

  (1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b) or (c), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons.

• Marginal note:Pre-conditions for recommendation

  (2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must

  • (a) take into account the assessment of COSEWIC in respect of the species;

  • (b) consult the competent minister or ministers; and

  • (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 a wildlife species, consult the wildlife management board.

• Marginal note:Amendment of List by Minister

  (3) Where the Governor in Council has not taken a course of action under subsection (1.1) within nine months after receiving an assessment of the status of a species by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC’s assessment.