2nd Session, 35th Parliament,
45 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-65

An Act respecting the protection of wildlife species in Canada from extirpation or extinction

Preamble

Recognizing that

    Canada's natural heritage is an integral part of our national identity and history,

    wildlife, in all its forms, has value in and of itself and is valued by Canadians for aesthetic, cultural, spiritual, recreational, educational, historical, economic, medical, ecological and scientific reasons,

    Canadian wildlife species and ecosystems are also part of the world's heritage and the Government of Canada has ratified the United Nations Convention on the Conservation of Biological Diversity,

    providing legal protection for wildlife species at risk will in part meet Canada's commitments under that Convention,

    the Government of Canada is committed to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to wildlife species, cost effective measures to prevent the reduction or loss of the species should not be postponed for a lack of scientific certainty,

    responsibility for the conservation of wildlife in Canada is shared among the various levels of government in this country and it is important to work together in this regard,

    all Canadians have a role to play in the conservation of wildlife in this country, including the prevention of wildlife species from becoming extirpated or extinct,

    the role of the aboriginal peoples of Canada in the conservation of wildlife in this country is especially important, and

    knowledge of wildlife species and ecosystems is critical to their conservation,

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Canada Endangered Species Protection Act.

INTERPRETATION

Definitions

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

``alternative measures''
« mesures de rechange »

``alternative measures'' means measures, other than judicial proceedings, used to deal with a person alleged to have committed an offence.

``aquatic species''
« espèce
aquatique »

``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.

``Attorney General''
« procureur
général »

``Attorney General'' means the Attorney General of Canada and, for the purposes of sections 87 to 93, it includes the delegate of the Attorney General of Canada.

``COSEWIC''
« COSEPAC »

``COSEWIC'' means the Committee on the Status of Endangered Wildlife in Canada established by section 13.

``Council''
« Conseil »

``Council'' means the Canadian Endangered Species Conservation Council established by section 12.

``critical habitat''
« habitat
essentiel »

``critical habitat'' means habitat that is identified as critical to the survival of a wildlife species in a status report or a decision under section 24.

``emergency order''
« arrêté
d'urgence »

``emergency order'' means an order made under section 34.

``endangered species''
« espèce en voie de disparition »

``endangered species'' means a wildlife species that is facing imminent extirpation or extinction.

``endangered species protection action''
« action en protection »

``endangered species protection action'' means an action under section 60.

``extirpated species''
« espèce disparue du pays »

``extirpated species'' means a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild.

``federal land''
« territoire domanial »

``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 following land and areas, namely,

        (i) the internal waters of Canada within the meaning of the Territorial Sea and Fishing Zones Act, including the seabed and subsoil below and the airspace above those waters, and

        (ii) the territorial sea of Canada as determined in accordance with the Territorial Sea and Fishing Zones Act, including the seabed and subsoil below and the airspace above that sea; 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.

``individual''
« individu »

``individual'' means an individual of a wildlife species, whether living or dead, at any developmental stage and includes eggs, sperm, pollen and spores.

``listed''
« inscrite »

``listed'' means listed on the List of Wildlife Species at Risk established under section 30.

``Minister''
« ministre »

``Minister'' means the Minister of the Environment.

``offence''
« infraction »

``offence'' means an offence under this Act.

``provincial minister''
« ministre provincial »

``provincial minister'' means the minister of the government of a province who is responsible for wildlife species in that province.

``public registry''
« Registre »

``public registry'' means the registry established under section 9.

``recovery plan''
« plan de rétablisse-
ment »

``recovery plan'' means a plan prepared under section 38.

``residence''
« résidence »

``residence'' means a specific dwelling place, such as a den, nest or other similar area habitually occupied by an individual during all or part of its life cycle.

``responsible minister''
« ministre compétent »

``responsible minister'' means

      (a) the Minister of Canadian Heritage with respect to individuals in or on federal land under the authority of that Minister;

      (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.

``species at risk''
« espèce en péril »

``species at risk'' means an extirpated, endangered, threatened or vulnerable species.

``status report''
« rapport de situation »

``status report'' means a report, in accordance with the requirements of subsection 20(2), containing a summary of the best available scientific information or traditional or community knowledge on the status of a wildlife species.

``threatened species''
« espèce
menacée »

``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.

``vulnerable species''
« espèce vulnérable »

``vulnerable species'' means a wildlife species that is of special concern because it is particularly sensitive to human activities or natural events, but it does not include an endangered or threatened species.

``wildlife species''
« espèce sauvage »

``wildlife species'' means a species, subspecies or geographically distinct population of animal, plant or other organism that is wild by nature and

      (a) is native to Canada; or

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

    For the purposes of this definition, a species, subspecies or geographically distinct population is, in the absence of evidence to the contrary, presumed to have been present in Canada for at least 50 years.

Aboriginal and treaty rights

(2) For greater certainty, nothing in this Act is to be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

APPLICATION

Application to wildlife species and habitats

3. (1) Subject to subsections (2) and (3), this Act applies in respect of wildlife species and their habitats, including

    (a) aquatic species and their habitats; and

    (b) species of migratory birds and their habitats that are protected by the Migratory Birds Convention Act, 1994.

Application in provinces

(2) Sections 30 to 32, regulations under section 42 and emergency orders apply in a province, other than the Yukon Territory or the Northwest Territories, in respect of wildlife species and their habitats, other than those mentioned in paragraphs (1)(a) and (b), only in so far as individuals of those species and their habitats are found on federal land.

Non-
application of provisions in territories

(3) The Governor in Council, on the recommendation of the Minister, may make an order providing that a provision of this Act does not apply in respect of a wildlife species, other than one mentioned in paragraph (1)(a) or (b), in so far as individuals of that species are found in the Yukon Territory or the Northwest Territories, but outside federal land under the authority of the Minister of Canadian Heritage. Despite the order, the provision continues to apply to Her Majesty in right of Canada.

Agreement

(4) Before recommending the order to the Governor in Council, the Minister and the minister of the territorial government who is responsible for wildlife species must agree in writing that an equivalent provision is in force by or under the laws of the territory.

Consultation

(5) Before making the agreement, the Minister must consult any wildlife management board established under aboriginal land claims legislation if the Minister considers that the order will directly affect the board.

Publication of agreement

(6) The Minister must make the agreement public by including it in the public registry.

Termination of agreement and repeal of order

(7) The agreement may be terminated by either party giving to the other at least six months notice of termination, in which case the Governor in Council, on the recommendation of the Minister, must repeal the order.

Report to Parliament

(8) The Minister must include in the annual report required by section 101 a report on the administration of subsections (3) to (7).

HER MAJESTY

Binding on Her Majesty

4. (1) This Act is binding on Her Majesty in right of Canada or a province, but it applies to Crown corporations, as defined in subsection 83(1) of the Financial Administration Act, only in respect of

    (a) aquatic species and their habitats;

    (b) species of migratory birds and their habitats that are protected by the Migratory Birds Convention Act, 1994; and

    (c) other wildlife species and their habitats to the extent provided in the regulations.

Regulations

(2) The Governor in Council, on the recommendation of the Minister, may make regulations providing for the application of this Act to Crown corporations in respect of wildlife species and their habitats mentioned in paragraph (1)(c).