1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-441

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, measures to prevent the reduction or loss of the species should not be postponed for a lack of scientific certainty,

    habitat loss is the main threat to the survival of endangered species,

    responsibility for the conservation of wildlife in Canada is shared among the various levels of government in this country, and it is important for them to work together to pursue the establishment of complementary legislation and programs for the protection and the recovery of species at risk in Canada,

    the conservation efforts of individual Canadians and communities should be encouraged and supported and their interests should be considered in developing and implementing recovery measures,

    the role of the Aboriginal people in Canada and of the wildlife management boards established under aboriginal land claims legislation, in the conservation of wildlife in this country, are 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.

``alter-
native 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 45 of that Act.

``Attorney General''
« procureur général »

``Attorney General'' means the Attorney General of Canada and, for the purposes of sections 90 to 96, it includes the delegate of the Attorney General of Canada.

``COSE-
WIC''
« COSE-
PAC »

``COSEWIC'' means the Committee on the Status of Endangered Wildlife in Canada established by section 14.

``Council''
« Conseil »

``Council'' means the Canadian Endangered Species Conservation Council established by section 13.

``critical habitat''
« habitat essentiel »

``critical habitat'' means habitat that is critical to the survival and recovery of a wildlife species, as identified in a status report, a decision under section 25 or a recovery plan.

``emer-
gency order''
« arrêté d'urgence »

``emergency order'' means an order made under section 36.

``endanger-
ed species''
« espèce en voie de disparition »

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

``endanger-
ed species protection action''
« action en protection »

``endangered species protection action'' means an action under section 64 or 65.

``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, including any water, that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and the air and all layers of the atmosphere above and the subsurface below that land;

      (b) the following land and areas, namely,

        (i) the internal waters of Canada as determined by the Oceans Act, including the seabed and subsoil below and the airspace above those waters, and

        (ii) the territorial sea of Canada as determined under the Oceans Act, including the seabed and subsoil below and the air and all layers of the atmosphere 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 the air above those reserves and lands and all layers of the atmosphere above and the subsurface below these reserves and lands.

``habitat''
« habitat »

``habitat'' means the area or type of site where an individual or wildlife species naturally occurs or formerly occurred and has the potential to be reintroduced.

``individual''
« individu »

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

``List of Wildlife Species at Risk''
« Liste des espèces en péril »

``List of Wildlife Species at Risk'' means the List of Wildlife Species at Risk set out in the Schedule.

``listed''
« inscrite »

``listed'' means listed on the List of Wildlife Species at Risk.

``Minister''
« ministre »

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

``offence''
« infrac-
tion »

``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 10.

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

``recovery plan'' means a plan prepared under section 41.

``residence''
« résiden-
ce »

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

``responsi-
ble 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 21(2), containing a summary of the best available scientific information and traditional or community knowledge on the status of a wildlife species.

``threaten-
ed 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 or genetically 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 fifty 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 fifty 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

3. This Act applies throughout Canada in respect of all wildlife species and their habitats, including

    (a) aquatic species and their habitats; and

    (b) species of migratory birds and their habitats.

HER MAJESTY

Binding on Her Majesty

4. This Act is binding on Her Majesty in the right of Canada or a province.

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. Any such delegation must be the subject of an agreement that shall provide that

    (a) an annual report must be prepared on the enforcement activities under the agreement; and

    (b) the federal government retains the residual authority to enforce the Act.

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 provided the agreement does not remove or alter any responsibility of the minister under this Act and is renewable within five years after it is entered into; 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, provided that the agreement is consistent with the requirements of this Act. 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-
publication

8. (1) At least sixty days before an agreement is concluded under section 6 or 7, 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

(2) Once the agreement is concluded, the responsible minister must make it public by including it in the public registry.

Funding agreements

9. (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, including programs and measures under an agreement authorized by subsection 7(2).

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.