|
|
|
|
| Review of
classifications
|
24. COSEWIC must review the
classification of each species at risk at least
once every 10 years, or at any time if it has
reason to believe that the status of the species
has changed significantly.
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|
| Copies to
Minister and
Council
|
25. (1) When COSEWIC completes an
assessment of the status of a wildlife species,
it must provide the Minister and the Canadian
Endangered Species Conservation Council
with a copy of the assessment and the reasons
for it. A copy of the assessment and the
reasons must also be included in the public
registry.
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|
| COSEWIC list
|
(2) COSEWIC must annually prepare a
complete list of every wildlife species it has
assessed since the coming into force of this
section and a copy of that list must be included
in the public registry.
|
|
| Report on
response
|
(3) On receiving a copy of an assessment of
the status of a wildlife species from
COSEWIC under subsection (1), the Minister
must, within 90 days, include in the public
registry a report on how the Minister intends
to respond to the assessment and, to the extent
possible, provide time lines for action.
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|
| Annual
reports
|
26. COSEWIC must annually provide a
report on its activities to the Canadian
Endangered Species Conservation Council
and a copy of that report must be included in
the public registry.
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|
|
|
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|
| Power to
amend List
|
27. (1) The Governor in Council may, on the
recommendation of the Minister, by order
amend the List in accordance with subsections
(1.1) and (1.2) by adding a wildlife species, by
reclassifying a listed wildlife species or by
removing a listed wildlife species, and the
Minister may, by order, amend the List in a
similar fashion in accordance with subsection
(3).
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|
| Decision in
respect of
assessment
|
(1.1) Subject to subsection (3), the
Governor in Council, within nine months after
receiving an assessment of the status of a
species by COSEWIC, may review that
assessment and may, on the recommendation
of the Minister,
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|
|
(a) accept the assessment and add the
species to the List;
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|
|
|
(b) decide not to add the species to the List;
or
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|
|
(c) refer the matter back to COSEWIC for
further information or consideration.
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|
| Statement of
reasons
|
(1.2) Where the Governor in Council takes
a course of action under paragraph (1.1)(b) or
(c), the Minister shall, after the approval of the
Governor in Council, include a statement in
the public registry setting out the reasons.
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|
| Pre-conditions
for
recommendati
on
|
(2) Before making a recommendation in
respect of a wildlife species or a species at
risk, the Minister must
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|
|
(a) take into account the assessment of
COSEWIC in respect of the species;
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|
(b) consult the competent minister or
ministers; and
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|
|
(c) if the 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 a wildlife species, consult the wildlife
management board.
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|
| Amendment
of List by
Minister
|
(3) Where the Governor in Council has not
taken a course of action under subsection (1.1)
within nine months after receiving an
assessment of the status of a species by
COSEWIC, the Minister shall, by order,
amend the List in accordance with
COSEWIC's assessment.
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|
| Applications
for assessment
of imminent
threat
|
28. (1) Any person who considers that there
is an imminent threat to the survival of a
wildlife species may apply to COSEWIC for
an assessment of the threat for the purpose of
having the species listed on an emergency
basis under subsection 29(1) as an endangered
species.
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|
| Information to
be included in
application
|
(2) The application must include relevant
information indicating that there is an
imminent threat to the survival of the species.
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|
| Regulations
|
(3) The Minister may, after consultation
with the Minister of Canadian Heritage, the
Minister of Fisheries and Oceans and the
Canadian Endangered Species Conservation
Council, make regulations respecting the
making of applications to COSEWIC under
subsection (1) and the dealing with of those
applications by COSEWIC.
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|
| Notice
|
(4) COSEWIC must provide the applicant,
the Minister and the Canadian Endangered
Species Conservation Council with a copy of
its assessment. A copy of the assessment must
be included in the public registry.
|
|
| Emergency
listing
|
29. (1) If the Minister is of the opinion that
there is an imminent threat to the survival of
a wildlife species, the Minister must, on an
emergency basis, after consultation with
every other competent minister, make a
recommendation to the Governor in Council
that the List be amended to list the species as
an endangered species.
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|
| Formation of
opinion
|
(2) The Minister may arrive at that opinion
on the basis of his or her own information or
on the basis of COSEWIC's assessment.
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|
| Exemption
|
(3) If a recommendation is made under
subsection (1), subsection 27(2) does not
apply to any order that is made under
subsection 27(1) on the basis of that
recommendation, and the order is exempt
from the application of section 3 of the
Statutory Instruments Act.
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|
| Review
|
30. (1) As soon as possible after an order is
made on the basis of a recommendation
referred to in subsection 29(1), COSEWIC
must have a status report on the wildlife
species prepared and, within one year after the
making of the order, COSEWIC must, in a
report in writing to the Minister,
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|
|
(a) confirm the classification of the species;
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|
|
(b) recommend to the Minister that the
species be reclassified; or
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|
|
(c) recommend to the Minister that the
species be removed from the List.
|
|
| Copy of
report
|
(2) Within 30 days after the report is
received by the Minister, a copy of the report
must be included in the public registry.
|
|
| Recommendat
ion to amend
List
|
31. If COSEWIC makes a recommendation
under paragraph 30(1)(b) or (c), the Minister
may make a recommendation to the Governor
in Council with respect to amending the List.
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|
|
|
|
|
|
|
|
|
| Killing,
harming, etc.,
listed wildlife
species
|
32. (1) No person shall kill, harm, harass,
capture or take an individual of a wildlife
species that is listed as an extirpated species,
an endangered species or a threatened species.
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|
| Possession,
collection, etc.
|
(2) No person shall possess, collect, buy,
sell or trade an individual of a wildlife species
that is listed as an extirpated species, an
endangered species or a threatened species, or
any part or derivative of such an individual.
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|
| Deeming
|
(3) For the purposes of subsection (2), any
animal, plant or thing that is represented to be
an individual, or a part or derivative of an
individual, of a wildlife species that is listed as
an extirpated species, an endangered species
or a threatened species is deemed, in the
absence of evidence to the contrary, to be such
an individual or a part or derivative of such an
individual.
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|
| Damage or
destruction of
residence
|
33. No person shall damage or destroy the
residence of one or more individuals of a
wildlife species that is listed as an endangered
species or a threatened species, or that is listed
as an extirpated species if a recovery strategy
has recommended the reintroduction of the
species into the wild in Canada.
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|
| Application
- certain
species in
provinces
|
34. (1) With respect to individuals of a listed
wildlife species that is not an aquatic species
or a species of birds that are migratory birds
protected by the Migratory Birds Convention
Act, 1994, sections 32 and 33 do not apply in
lands in a province that are not federal lands
unless an order is made under subsection (2)
to provide that they apply.
|
|
| Order
|
(2) The Governor in Council may, on the
recommendation of the Minister, by order,
provide that sections 32 and 33, or either of
them, apply in lands in a province that are not
federal lands with respect to individuals of a
listed wildlife species that is not an aquatic
species or a species of birds that are migratory
birds protected by the Migratory Birds
Convention Act, 1994.
|
|
| Obligation to
make
recommendati
on
|
(3) The Minister must recommend that the
order be made if the Minister is of the opinion
that the laws of the province do not effectively
protect the species or the residences of its
individuals.
|
|
| Consultation
|
(4) Before recommending that the
Governor in Council make an order under
subsection (2), the Minister must consult
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|
|
|
(a) the appropriate provincial minister; and
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|
|
|
(b) if the 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, the wildlife
management board.
|
|
| Application
- certain
species in
territories
|
35. (1) Sections 32 and 33 apply in each of
the territories in respect of a listed wildlife
species only to the extent that the Governor in
Council, on the recommendation of the
Minister, makes an order providing that they,
or any of them, apply.
|
|
| Exception
|
(2) Subsection (1) does not apply
|
|
|
|
(a) in respect of individuals of aquatic
species and their habitat or species of birds
that are migratory birds protected by the
Migratory Birds Convention Act, 1994; or
|
|
|
|
(b) on land under the authority of the
Minister or the Parks Canada Agency.
|
|
| Obligation to
make
recommendati
on
|
(3) The Minister must recommend that the
order be made if the Minister is of the opinion
that the laws of the territory do not effectively
protect the species or the residences of its
individuals.
|
|
| Pre-conditions
for
recommendati
on
|
(4) Before recommending that an order be
made under subsection (1), the Minister must
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|
|
|
(a) consult the appropriate territorial
minister; and
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|
|
(b) if the 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, consult the wildlife
management board.
|
|
| Prohibitions
re provincial
and territorial
classifications
|
36. (1) If a wildlife species that is not listed
has been classified as an endangered species
or a threatened species by a provincial or
territorial minister, no person shall
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|
|
(a) kill, harm, harass, capture or take an
individual of that species that is on federal
lands in the province or territory;
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|
|
(b) possess, collect, buy, sell or trade an
individual of that species that is on federal
lands in the province or territory, or any part
or derivative of such an individual; or
|
|
|
|
(c) damage or destroy the residence of one
or more individuals of that species that is on
federal lands in the province or territory.
|
|
| Application
|
(2) Subsection (1) applies only in respect of
the portions of the federal lands that the
Governor in Council may, on the
recommendation of the competent minister,
by order, specify.
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|
|
|
|
|
|
|
Recovery Strategy
|
|
| Preparation -
endangered or
threatened
species
|
37. (1) If a wildlife species is listed as an
extirpated species, an endangered species or a
threatened species, the competent minister
must prepare a strategy for its recovery.
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|
| More than one
competent
minister
|
(2) If there is more than one competent
minister with respect to the wildlife species,
they must prepare the strategy together and
every reference to competent minister in
sections 38 to 46 is to be read as a reference to
the competent ministers.
|
|
| Commitments
to be
considered
|
38. In preparing a recovery strategy, action
plan or management plan, the competent
minister must consider the commitment of the
Government of Canada to conserving
biological diversity and to the principle that,
if there are threats of serious or irreversible
damage to the listed wildlife species,
cost-effective measures to prevent the
reduction or loss of the species should not be
postponed for a lack of full scientific certainty.
|
|
| Cooperation
with others
|
39. (1) To the extent possible, the recovery
strategy must be prepared in cooperation with
|
|
|
|
(a) the appropriate provincial and territorial
minister for each province and territory in
which the listed wildlife species is found;
|
|
|
|
(b) every minister of the Government of
Canada who has authority over federal land
or other areas on which the species is found;
|
|
|
|
(c) if the 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, the wildlife
management board;
|
|
|
|
(d) every aboriginal organization that the
competent minister considers will be
directly affected by the recovery strategy;
and
|
|
|
|
(e) any other person or organization that the
competent minister considers appropriate.
|
|
| Land claims
agreement
|
(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, the recovery
strategy must be prepared, to the extent that it
will apply to that area, in accordance with the
provisions of the agreement.
|
|
| Consultation
|
(3) To the extent possible, the recovery
strategy must be prepared in consultation with
any landowners and other persons whom the
competent minister considers to be directly
affected by the strategy, including the
government of any other country in which the
species is found.
|
|
| Determination
of feasibility
|
40. In preparing the recovery strategy, the
competent minister must determine whether
the recovery of the listed wildlife species is
technically and biologically feasible. The
determination must be based on the best
available information, including information
provided by COSEWIC.
|
|
| Contents if
recovery
feasible
|
41. (1) If the competent minister determines
that the recovery of the listed wildlife species
is feasible, the recovery strategy must address
the threats to the survival of the species
identified by COSEWIC, including any loss of
habitat, and must include
|
|
|
|
(a) a description of the species and its needs
that is consistent with information provided
by COSEWIC;
|
|
|
|
(b) an identification of the threats to the
survival of the species and threats to its
habitat that is consistent with information
provided by COSEWIC and a description of
the broad strategy to be taken to address
those threats;
|
|
|
|
(c) an identification of the species' critical
habitat, to the extent possible, based on the
best available information, including the
information provided by COSEWIC, and
examples of activities that are likely to
result in its destruction;
|
|
|
|
(c.1) a schedule of studies to identify
critical habitat, where available
information is inadequate;
|
|
|
|
(d) a statement of the population and
distribution objectives that will assist the
recovery and survival of the species, and a
general description of the research and
management activities needed to meet
those objectives;
|
|
|
|
(e) any other matters that are prescribed by
the regulations;
|
|
|
|
(f) a statement about whether additional
information is required about the species;
and
|
|
|
|
(g) a statement of when one or more action
plans in relation to the recovery strategy
will be completed.
|
|
| Contents if
recovery not
feasible
|
(2) If the competent minister determines
that the recovery of the listed wildlife species
is not feasible, the recovery strategy must
include a description of the species and its
needs, an identification of the species' critical
habitat to the extent possible, and the reasons
why its recovery is not feasible.
|
|
| Multi-species
or ecosystem
approach
permissible
|
(3) The competent minister may adopt a
multi-species or an ecosystem approach when
preparing the recovery strategy if he or she
considers it appropriate to do so.
|
|
| Regulations
|
(4) 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)(e) prescribing matters to be
included in a recovery strategy.
|
|
| Proposed
recovery
strategy
|
42. (1) Subject to subsection (2), the
competent minister must include a proposed
recovery strategy in the public registry within
one year after the wildlife species is listed, in
the case of a wildlife species listed as an
endangered species, and within two years
after the species is listed, in the case of a
wildlife species listed as a threatened species
or an extirpated species.
|
|
| First listed
wildlife
species
|
(2) With respect to wildlife species that are
set out in Schedule 1 on the day section 27
comes into force, the competent minister must
include a proposed recovery strategy in the
public registry within three years after that
day, in the case of a wildlife species listed as
an endangered species, and within four years
after that day, in the case of a wildlife species
listed as a threatened species or an extirpated
species.
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|