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| Land claims
agreement
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(2) If the listed wildlife 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 wildlife species, an action plan must
be prepared, to the extent that it will apply to
that area, in accordance with the provisions of
the agreement.
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| Consultation
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(3) To the extent possible, an action plan
must be prepared in consultation with any
landowners and other persons whom the
competent minister considers to be directly
affected by, or interested in, the action plan,
including the government of any other country
in which the species is found.
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| Contents
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49. (1) An action plan must include, with
respect to the area to which the action plan
relates,
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| Regulations
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(2) The Governor in Council may, on the
recommendation of the Minister after
consultation with the Minister of Canadian
Heritage and the Minister of Fisheries and
Oceans, make regulations for the purpose of
paragraph (1)(f) prescribing matters to be
included in an action plan.
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| Public registry
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50. (1) When an action plan is completed,
a copy of the action plan must be included in
the public registry.
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| Summary if
action plan
not completed
in time
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(2) If an action plan is not completed in the
time set out in the recovery strategy, the
competent minister must include in the public
registry a summary of what has been prepared
with respect to the plan.
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| Existing plans
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51. (1) If the competent minister is of the
opinion that an existing plan relating to a
wildlife species substantially meets the
requirements of section 49, he or she may
include a copy of the existing plan in the
public registry as an action plan in relation to
the species.
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| Incorporation
of existing
plans
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(2) The competent minister may
incorporate any part of an existing plan
relating to a wildlife species into an action
plan for the species.
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| Amendments
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52. (1) The competent minister may at any
time amend an action plan. A copy of the
amendment must be included in the public
registry.
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| Amendment
procedure
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(2) Section 48 applies to amendments to an
action plan, with any modifications that the
circumstances require.
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| Exception
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(3) Subsection (2) does not apply if the
competent minister considers the amendment
to be minor.
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| Regulations
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53. (1) The competent minister may, with
respect to aquatic species or species of birds
that are migratory birds protected by the
Migratory Birds Convention Act, 1994,
regardless of where they are located, or with
respect to any other wildlife species on federal
lands, make any regulations that he or she
considers appropriate for the purpose of
implementing the measures included in an
action plan, but, if the measures relate to the
protection of critical habitat on federal lands,
the regulations must be made under section
59.
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| Consultation
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(2) If the competent minister is of the
opinion that a regulation would affect a
reserve or any other lands that are set apart for
the use and benefit of a band under the Indian
Act, he or she must consult the Minister of
Indian and Northern Affairs and the band
before making the regulation.
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| Consultation
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(3) If the competent minister is of the
opinion that a regulation would affect an area
in respect of which a wildlife management
board is authorized by a land claims
agreement to perform functions in respect of
wildlife species, he or she must consult the
wildlife management board before making the
regulation.
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| Incorporation
by reference
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(4) The regulations may incorporate by
reference any legislation of a province or
territory, as amended from time to time,
insofar as the regulations apply in that
province or territory. They may also
incorporate by reference other material as
amended from time to time.
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| Consultation
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(5) If the competent minister is of the
opinion that a regulation would affect land in
a territory, he or she must consult the territorial
minister before making the regulation.
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| Exception
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(6) Subsection (5) does not apply
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| Crown
corporations
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54. (1) The competent minister and the
President of the Treasury Board may jointly
make guidelines in respect of Crown
corporations for the purpose of implementing
the measures included in an action plan.
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| Scope of
guidelines
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(2) The guidelines may be made with
respect to all Crown corporations or to a
particular Crown corporation.
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| Application of
regulations
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(3) If guidelines are made, regulations
made under section 53 apply to a Crown
corporation only to the extent provided for by
order of the Governor in Council.
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| Use of powers
under other
Acts
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55. For the purpose of implementing the
measures included in an action plan, the
competent minister may use any powers that
he or she has under any other Act of
Parliament.
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| Monitoring
and reporting
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56. The competent minister must monitor
the implementation of an action plan and
assess and report on its implementation and its
socio-economic impact five years after the
plan comes into effect. A copy of the report
must be included in the public registry.
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|
Protection of Critical Habitat |
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| Codes of
practice,
national
standards or
guidelines
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57. The competent minister may, after
consultation with the Canadian Endangered
Species Conservation Council and any person
whom he or she considers appropriate,
establish codes of practice, national standards
or guidelines with respect to the protection of
critical habitat.
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| Destruction of
critical habitat
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58. (1) No person shall destroy any part of
the critical habitat of a listed endangered
species or a listed threatened species that is on
federal lands, in the exclusive economic zone
of Canada or on the continental shelf of
Canada.
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| Application
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(2) Subsection (1) applies only to the
portions of the critical habitat that the
Governor in Council may, on the
recommendation of the competent minister,
after consultation with every other competent
minister, by order, specify.
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| Obligation to
make
recommenda- tion
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(3) The competent minister must make a
recommendation that an order be made if he or
she is of the opinion that there are no
provisions in, or other measures under, this or
any other Act of Parliament that protect the
particular portion of the critical habitat,
including agreements under section 11.
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| Consultation
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(4) If the competent minister is of the
opinion that the order would affect land in a
territory that is not under the authority of the
Minister or the Parks Canada Agency, he or
she must consult the territorial minister before
recommending the making of the order.
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| Consultation
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(5) If the competent minister is of the
opinion that the order would affect a reserve or
any other lands that are set apart for the use
and benefit of a band under the Indian Act, he
or she must consult the Minister of Indian and
Northern Affairs and the band before
recommending the making of the order.
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| Consultation
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(6) If the competent minister is of the
opinion that the order would affect an area in
respect of which a wildlife management board
is authorized by a land claims agreement to
perform functions in respect of wildlife
species, he or she must consult the wildlife
management board before recommending the
making of the order.
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| Regulations re
federal lands
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59. (1) The Governor in Council may, on the
recommendation of the competent minister
after consultation with every other competent
minister, make regulations to protect critical
habitat on federal lands.
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| Obligation to
make
recommenda- tion
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(2) The competent minister must make the
recommendation if the recovery strategy or an
action plan identifies a portion of the critical
habitat as being unprotected and the
competent minister is of the opinion that the
portion requires protection.
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| Contents
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(3) The regulations may include provisions
requiring the doing of things that protect the
critical habitat and provisions prohibiting
activities that may adversely affect the critical
habitat.
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| Consultation
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(4) If the competent minister is of the
opinion that a regulation would affect land in
a territory that is not under the authority of the
Minister or the Parks Canada Agency, he or
she must consult the territorial minister before
recommending the making of the regulation.
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| Consultation
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(5) If the competent minister is of the
opinion that a regulation would affect a
reserve or any other lands that are set apart for
the use and benefit of a band under the Indian
Act, he or she must consult the Minister of
Indian and Northern Affairs and the band
before recommending the making of the
regulation.
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| Consultation
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(6) If the competent minister is of the
opinion that a regulation would affect an area
in respect of which a wildlife management
board is authorized by a land claims
agreement to perform functions in respect of
wildlife species, he or she must consult the
wildlife management board before
recommending the making of the regulation.
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| Provincial and
territorial
classifications
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60. (1) If a wildlife species has been
classified as an endangered species or a
threatened species by a provincial or
territorial minister, no person shall destroy
any part of the habitat of that species that the
provincial or territorial minister has identified
as essential to the survival or recovery of the
species and that is on federal lands in the
province or territory.
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| Application
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(2) Subsection (1) applies only to the
portions of the habitat that the Governor in
Council may, on the recommendation of the
competent minister, by order, specify.
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| Destruction of
critical habitat
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61. (1) No person shall destroy any part of
the critical habitat of a listed endangered
species or a listed threatened species that is in
a province or territory and that is not part of
federal lands.
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| Application
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(2) Subsection (1) applies only to the
portions of the critical habitat that the
Governor in Council may, on the
recommendation of the Minister, by order,
specify.
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| Power to
make
recommenda- tion
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(3) The Minister may make a
recommendation if
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| Obligation to
make
recommenda- tion
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(4) The Minister must make a
recommendation if he or she is of the opinion,
after consultation with the appropriate
provincial or territorial minister, that
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| Expiry and
renewal of
order
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(5) An order made under subsection (2)
expires five years after the day on which it is
made or renewed, unless the Governor in
Council, by order, renews it.
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| Recommendat
ion to repeal
order
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(6) If the Minister is of the opinion that an
order made under subsection (2) is no longer
necessary to protect the portion of the critical
habitat to which the order relates or that the
province or territory has brought into force
laws that protect the portion, the Minister
must recommend that the order be repealed .
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| Acquisition of
lands
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62. A competent minister may enter into an
agreement with any government in Canada,
organization or person to acquire any lands or
interests in land for the purpose of protecting
the critical habitat of any endangered or
threatened species.
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| Progress
reports on
unprotected
portions of
critical habitat
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63. If in the opinion of the Minister any
portion of the critical habitat of a listed
wildlife species remains unprotected 180 days
after the recovery strategy or action plan that
identified the critical habitat was included in
the public registry, the Minister must include
in that registry a report on the steps taken to
protect the critical habitat. The Minister must
continue to report with respect to every
subsequent period of 180 days until the
portion is protected or is no longer identified
as critical habitat.
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| Compensation
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64. (1) The Minister may, in accordance
with the regulations, provide compensation to
any person for losses suffered as a result of any
extraordinary impact of the application of
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| Regulations
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(2) The Governor in Council may make
regulations that the Governor in Council
considers necessary for carrying out the
purposes and provisions of subsection (1),
including regulations prescribing
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