BILL C-65 - First Reading

	PURPOSES
Prevention and recovery	5. The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct and to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity.
	ADMINISTRATION
Responsibi- lity for administra- tion	6. (1) The Minister is responsible for the administration of this Act, except in so far as this Act gives responsibility to another responsible minister.
Delegation	(2) A responsible minister may authorize any person or governmental body to exercise or perform any of that minister's powers or functions under this Act relating to its enforcement or to the issuance of permits.
Agreements with provincial governments	7. (1) A responsible minister may
	(a) with the approval of the Governor in Council, enter into an agreement with one or more provincial governments with respect to the administration of any provision of this Act for which that minister has responsibility, including the preparation and implementation of recovery plans; and
	(b) agree to amendments of the agreement, subject to any terms and conditions that the Governor in Council may specify in the approval.
Conservation agreements	(2) A responsible minister may enter into an agreement for the conservation of a species at risk, including the protection of their habitats. The agreement may be with one or more governments of provinces or countries, or organizations or persons. If there is another responsible minister with respect to the species, the agreement may only be made with the concurrence of that minister.
Pre-publi- cation	(3) At least 60 days before an agreement is concluded under this section, the responsible minister must make the proposed text of it public by including it in the public registry and by any other means that the responsible minister considers appropriate.
Publication and report	(4) Once the agreement is concluded, the responsible minister must make it public by including it in the public registry.
Funding agreements	8. (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province, a municipal authority or organization or any other person to provide for the payment of contributions to the costs of programs and measures for the conservation of wildlife species.
Provisions to be included	(2) The agreement must
	(a) specify the contribution to the cost of the program or measure that is payable by any party and the time or times at which any amounts under the agreement will be paid;
	(b) specify the authority that will be responsible for undertaking, operating and maintaining the program or measure or any part of it;
	(c) specify the proportions of any revenue from the program or measure that is payable to the parties; and
	(d) specify the terms and conditions governing the operation and maintenance of the program or measure.
	PUBLIC ACCESS
Public registry	9. The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act.
Form and manner of public registry	10. The Minister may determine the form of the public registry, how it is to be kept and how access to it is to be provided.
Protection from proceedings	11. Despite any other Act of Parliament, no civil or criminal proceedings may be brought against any of the following persons for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure:
	(a) Her Majesty in right of Canada; and
	(b) the Minister or any person acting on behalf of or under the direction of the Minister.
	CANADIAN ENDANGERED SPECIES CONSERVATION COUNCIL
Establish- ment	12. (1) The Canadian Endangered Species Conservation Council is established, to be composed of the responsible ministers and any provincial ministers who agree to attend the meetings of the Council.
Co-chair- persons	(2) The Council is to be chaired jointly by the Minister and a provincial minister chosen by a majority of the provincial ministers who are members of the Council.
Responsibi- lities	(3) The Council is responsible for providing general direction on the activities of COSEWIC and on the development and implementation of recovery plans.
	WILDLIFE SPECIES LISTING PROCESS
	Committee on the Status of Endangered Wildlife in Canada
Establish- ment	13. (1) The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) is established to carry out its functions under this Act solely on the basis of the best available information on the biological status of species at risk.
Composition	(2) COSEWIC is to be composed of not more than nine members appointed by the Minister after consulting the Council.
Functions	(3) In addition to designating species at risk, COSEWIC has the following functions:
	(a) developing scientific criteria for assessing the status of wildlife species and for classifying them and recommending the criteria to the Minister;
	(b) ranking the urgency of assessing the status of particular wildlife species and classifying them; and
	(c) providing advice to the Minister and any other functions that the Minister, in consultation with the Council, may assign.
Administra- tive support	(4) COSEWIC may receive administrative support from the Minister to carry out its functions.
Qualifica- tions of members	14. (1) The members of COSEWIC must have expertise drawn from a discipline such as conservation biology, population dynamics, taxonomy, systematics, genetics or from traditional or community knowledge of the protection of species at risk.
Representa- tive nature	(2) In appointing the members, the Minister must consider the importance of maintaining a membership that is broadly representative of all regions of Canada. However, the members are not to be appointed as representatives of particular regions or interest groups.
Term of appointment	(3) The members are to be appointed to hold office during pleasure for a renewable term of not more than three years.
Not part of the public service of Canada	(4) Appointment as a member of COSEWIC is not an appointment to the public service of Canada.
Remuneration and expenses	(5) The members are to be paid remuneration and expenses in amounts that the Minister may set.
Meetings	15. COSEWIC must meet at least once every six months.
Subcommit- tees	16. COSEWIC may establish advisory and other subcommittees to advise or assist it or to exercise or perform any of its powers or functions.
Rules	17. COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including
	(a) the selection of persons to chair its meetings; and
	(b) the meetings and activities of its subcommittees.
	Designation of Species at Risk
Designation	18. COSEWIC must designate wildlife species that it considers to be at risk and classify them as
	(a) extinct;
	(b) extirpated;
	(c) endangered;
	(d) threatened; or
	(e) vulnerable.
Applications	19. (1) Any person may apply to COSEWIC for the designation or reclassification of a wildlife species or the revocation of its designation.
Information to be included	(2) The application must include relevant information about the biological status of the species and, if possible, a status report.
Examination of applications	(3) Within 90 days after receiving the application, COSEWIC must examine it and inform the applicant in writing of what it has decided to do about the application and the reasons for its decision.
Status reports	20. (1) Each decision of COSEWIC about the designation or classification of a wildlife species must be based on a status report on the species that COSEWIC either has had prepared or has received with an application.
Form and content of status reports	(2) The Minister may, on the recommendation of COSEWIC, make regulations establishing the form and content of the status reports, but the reports must
	(a) include an assessment of the past and present distribution and population of the wildlife species concerned;
	(b) identify the habitat that is important or critical to the species; and
	(c) identify existing and potential threats to the species and its critical habitat and evaluate how serious they are.
Decision with reasons	21. (1) COSEWIC must make a decision about the designation or classification of a wildlife species within one year after it receives a status report on the species and the decision must be supported by reasons.
Notification of applicant	(2) If the decision results from an application, COSEWIC must notify the applicant of the decision and the reasons.
Decision not to designate	(3) COSEWIC must include the wildlife species on a list, to be called the ``List of Non-designated Species'', if it decides that the species should not be designated, either because it is not at risk or because there is not enough information to determine whether it is at risk.
Public registry	(4) The List of Non-designated Species must be included in the public registry.
	Emergency Designations and Reclassifications
Emergency designation or reclassifi- cation	22. COSEWIC may, on an emergency basis, designate or reclassify a wildlife species as threatened or endangered before receiving a status report if it has information indicating that there is an imminent threat to the survival of the species.
Application for emergency designation or reclassifi- cation	23. (1) Any person may apply to COSEWIC for an emergency designation or reclassification of a wildlife species as threatened or endangered. The application must include relevant information indicating that there is an imminent threat to the survival of the species.
Examination of application	(2) Within 30 days after receiving the application, COSEWIC must examine it and inform the applicant in writing of what it has decided to do about the application and the reasons for its decision.
Decision and reasons	24. If COSEWIC decides to designate or reclassify the wildlife species, it must give reasons for its decision and identify the imminent threat to the survival of the species. If loss of habitat is an imminent threat, COSEWIC must also identify the habitat that is critical to the survival of the species.
Status report and final decision	25. Within 18 months after making an emergency designation or reclassification, COSEWIC must have a status report on the species prepared and make a final decision on whether it should be designated or reclassified.
	Publication
Documents in public registry	26. The following documents must be included in the public registry:
	(a) COSEWIC's criteria for the designation and classification of wildlife species;
	(b) the status reports on wildlife species; and
	(c) COSEWIC's decisions about the designation and classification of wildlife species and the reasons for the decisions.