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

Marginal note:Emergency order

• 80 (1) The Governor in Council may, on the recommendation of the competent minister, make an emergency order to provide for the protection of a listed wildlife species.

• Marginal note:Obligation to make recommendation

  (2) The competent minister must make the recommendation if he or she is of the opinion that the species faces imminent threats to its survival or recovery.

• Marginal note:Consultation

  (3) Before making a recommendation, the competent minister must consult every other competent minister.

• Marginal note:Contents

  (4) The emergency order may

  • (a) in the case of an aquatic species,

    • (i) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

    • (ii) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat;

  • (b) in the case of a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994,

    • (i) on federal land or in the exclusive economic zone of Canada,

      • (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

      • (B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and

    • (ii) on land other than land referred to in subparagraph (i),

      • (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

      • (B) include provisions requiring the doing of things that protect the species and provisions prohibiting activities that may adversely affect the species and that habitat; and

  • (c) with respect to any other species,

    • (i) on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada,

      • (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

      • (B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and

    • (ii) on land other than land referred to in subparagraph (i),

      • (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and

      • (B) include provisions prohibiting activities that may adversely affect the species and that habitat.

• Marginal note:Exemption

  (5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act.