| Comments
|
43. (1) Within 60 days after the proposed
recovery strategy is included in the public
registry, any person may file written
comments with the competent minister.
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| Finalization of
recovery
strategy
|
(2) Within 30 days after the expiry of the
period referred to in subsection (1), the
competent minister must consider any
comments received, make any changes to the
proposed recovery strategy that he or she
considers appropriate and finalize the
recovery strategy by including a copy of it in
the public registry.
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| Existing plans
|
44. (1) If the competent minister is of the
opinion that an existing plan relating to a
wildlife species meets the requirements of
subsection 41(1) or (2), and the plan is adopted
by the competent minister as the proposed
recovery strategy, he or she must include it in
the public registry as the proposed recovery
strategy in relation to the species.
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| Incorporation
of existing
plans
|
(2) The competent minister may
incorporate any part of an existing plan
relating to a wildlife species into a proposed
recovery strategy for the species.
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| Amendments
|
45. (1) The competent minister may at any
time amend the recovery strategy. A copy of
the amendment must be included in the public
registry.
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| Amendments
relating to
time for
completing
action plan
|
(2) If the amendment relates to the time for
completing an action plan, the competent
minister must provide reasons for the
amendment and include a copy of the reasons
in the public registry.
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|
| Amendment
procedure
|
(3) Sections 39 and 43 apply to amendments
to a recovery strategy, with any modifications
that the circumstances require.
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| Exception
|
(4) Subsection (3) does not apply if the
competent minister considers the amendment
to be minor.
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| Reporting
|
46. The competent minister must report on
the implementation of the recovery strategy,
and the progress towards meeting its
objectives, within five years after it is
included in the public registry and in every
subsequent five-year period, until its
objectives have been achieved or the species'
recovery is no longer feasible. The report must
be included in the public registry.
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|
Action Plan
|
|
| Preparation
|
47. The competent minister in respect of a
recovery strategy must prepare one or more
action plans based on the recovery strategy. If
there is more than one competent minister
with respect to the recovery strategy, they may
prepare the action plan or plans together.
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| Cooperation
with other
ministers and
governments
|
48. (1) To the extent possible, an action plan
must be prepared in cooperation with
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|
(a) the appropriate provincial and territorial
minister of each province and territory in
which the listed wildlife species is found;
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|
(b) every minister of the Government of
Canada who has authority over federal land
or other areas on which the species is found;
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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 wildlife species, the wildlife
management board;
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|
(d) every aboriginal organization that the
competent minister considers will be
directly affected by the action plan; and
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(e) any other person or organization that the
competent minister considers appropriate.
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| 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, 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
|
(3) To the extent possible, an action plan
must be prepared in consultation with any
landowners, lessees 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
|
49. (1) An action plan must include, with
respect to the area to which the action plan
relates,
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(a) an identification of the species' critical
habitat, to the extent possible, based on the
best available information and consistent
with the recovery strategy, and examples of
activities that are likely to result in its
destruction;
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|
(b) a statement of the measures that are
proposed to be taken to protect the species'
critical habitat, including the entering into
of agreements under section 11;
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|
(c) an identification of any portions of the
species' critical habitat that have not been
protected;
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|
(d) a statement of the measures that are to be
taken to implement the recovery strategy,
including those that address the threats to
the species and those that help to achieve
the population and distribution objectives,
as well as an indication as to when these
measures are to take place;
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(d.1) the methods to be used to monitor the
recovery of the species and its long-term
viability;
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(e) an evaluation of the socio-economic
costs of the action plan and the benefits to
be derived from its implementation; and
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|
(f) any other matters that are prescribed by
the regulations.
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| Regulations
|
(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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|
| Proposed
action plan
|
50. (1) The competent minister must
include a proposed action plan in the public
registry.
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|
| Comments
|
(2) Within 60 days after the proposed action
plan is included in the public registry, any
person may file written comments with the
competent minister.
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|
| Finalization of
action plan
|
(3) Within 30 days after the expiry of the
period referred to in subsection (2), the
competent minister must consider any
comments received, make any changes to the
proposed action plan that he or she considers
appropriate and finalize the action plan by
including a copy of it in the public registry.
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| Summary if
action plan
not completed
in time
|
(4) If an action plan is not finalized 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
|
51. (1) If the competent minister is of the
opinion that an existing plan relating to a
wildlife species meets the requirements of
section 49, and the plan is adopted by the
competent minister as a proposed action plan,
he or she must include it in the public registry
as a proposed action plan in relation to the
species.
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| Incorporation
of existing
plans
|
(2) The competent minister may
incorporate any part of an existing plan
relating to a wildlife species into a proposed
action plan for the species.
|
|
| Amendments
|
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.
|
|
| Amendment
procedure
|
(2) Section 48 applies to amendments to an
action plan, with any modifications that the
circumstances require.
|
|
| Exception
|
(3) Subsection (2) does not apply if the
competent minister considers the amendment
to be minor.
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|
| Regulations
|
53. (1) The competent minister must, with
respect to aquatic species, 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 are necessary
in the opinion of the competent minister 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
|
(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
|
(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
|
(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.
|
|
| Consultation
|
(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
|
(6) Subsection (5) does not apply
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|
|
(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 and
their habitat; or
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|
|
(b) in respect of land under the authority of
the Minister or the Parks Canada Agency.
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|
| Use of powers
under other
Acts
|
54. 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
|
55. The competent minister must monitor
the implementation of an action plan and the
progress towards meeting its objectives and
assess and report on its implementation and its
ecological and socio-economic impacts five
years after the plan comes into effect. A copy
of the report must be included in the public
registry.
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|
|
|
|
|
| Codes of
practice,
national
standards or
guidelines
|
56. 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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|
| Purpose
|
57 The purpose of section 58 is to ensure
that, within 180 days after the recovery
strategy or action plan that identified the
critical habitat referred to in subsection 58(1)
is included in the public registry, all of the
critical habitat is protected by
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|
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(a) provisions in, or measures under, this or
any other Act of Parliament, including
agreements under section 11; or
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|
|
(b) the application of subsection 58(1).
|
|
| Destruction of
critical habitat
|
58. (1) Subject to this section, no person
shall destroy any part of the critical habitat of
any listed endangered species or of any listed
threatened species - or of any listed
extirpated species if a recovery strategy has
recommended the reintroduction of the
species into the wild in Canada - if
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|
|
(a) the critical habitat is on federal land, in
the exclusive economic zone of Canada or
on the continental shelf of Canada;
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|
|
(b) the listed species is an aquatic species;
or
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|
|
(c) the listed species is a species of
migratory birds protected by the Migratory
Birds Convention Act, 1994.
|
|
| Protected
areas
|
(2) If the critical habitat or a portion of the
critical habitat is in a national park of Canada
named and described in Schedule 1 to the
Canada National Parks Act, a marine
protected area under the Oceans Act, a
migratory bird sanctuary under the Migratory
Birds Convention Act, 1994 or a national
wildlife area under the Canada Wildlife Act,
the competent Minister must, within 90 days
after the recovery strategy or action plan that
identified the critical habitat is included in the
public registry, publish in the Canada Gazette
a description of the critical habitat or portion
that is in that park, area or sanctuary.
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|
| Application
|
(3) If subsection (2) applies, subsection (1)
applies to the critical habitat or the portion of
the critical habitat described in the Canada
Gazette under subsection (2) 90 days after the
description is published in the Canada
Gazette.
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|
| Application
|
(4) If all of the critical habitat or any portion
of the critical habitat is not in a place referred
to in subsection (2), subsection (1) applies in
respect of the critical habitat or portion of the
critical habitat, as the case may be, specified
in an order made by the competent minister.
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|
| Obligation to
make order or
statement
|
(5) Within 180 days after the recovery
strategy or action plan that identified the
critical habitat is included in the public
registry, the competent minister must, after
consultation with every other competent
minister, with respect to all of the critical
habitat or any portion of the critical habitat
that is not in a place referred to in subsection
(2),
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|
|
(a) make the order referred to in subsection
(4) if the critical habitat or any portion of the
critical habitat is not legally protected by
provisions in, or measures under, this or any
other Act of Parliament, including
agreements under section 11; or
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|
|
|
(b) if the competent minister does not make
the order, he or she must include in the
public registry a statement setting out how
the critical habitat or portions of it, as the
case may be, are legally protected.
|
|
| Habitat of
migratory
birds
|
(5.1) Despite subsection (4), with respect to
the critical habitat of a species of bird that is
a migratory bird protected by the Migratory
Birds Convention Act, 1994 that is not on
federal land, in the exclusive economic zone
of Canada, on the continental shelf of Canada
or in a migratory bird sanctuary referred to in
subsection (2), subsection (1) applies only to
those portions of the critical habitat that are
habitat to which that Act applies and that the
Governor in Council may, by order, specify on
the recommendation of the competent
minister.
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|
| Obligation to
make
recommendati
on
|
(5.2) The competent minister must, within
180 days after the recovery strategy or action
plan that identified the critical habitat that
includes habitat to which the Migratory Birds
Convention Act, 1994 applies is included in
the public registry, and after consultation with
every other competent minister,
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|
|
(a) make the recommendation if he or she is
of the opinion there are no provisions in, or
other measures under, this or any other Act
of Parliament, including agreements under
section 11, that legally protect any portion
or portions of the habitat to which that Act
applies; or
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|
|
(b) if the competent minister does not make
the recommendation, he or she must
include in the public registry a statement
setting out how the critical habitat that is
habitat to which that Act applies, or
portions of it, as the case may be, are legally
protected.
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|
| Consultation
|
(6) If the competent minister is of the
opinion that an order under subsection (4) or
(5.1) 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 making the order
under subsection (4) or the recommendation
under subsection (5.2).
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|
| Consultation
|
(7) If the competent minister is of the
opinion that an order under subsection (4) or
(5.1) 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 the making the
order under subsection (4) or the
recommendation under subsection (5.2).
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|
| Consultation
|
(8) If the competent minister is of the
opinion that an order under subsection (4) or
(5.1) 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 order under subsection (4) or the
recommendation under subsection (5.2).
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|
| Consultation
|
(9) If the competent minister is of the
opinion that an order under subsection (4) or
(5.1) would affect land that is under the
authority of another federal minister, other
than a competent minister, he or she must
consult the other federal minister before
making the order under subsection (4) or the
recommendation under subsection (5.2).
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|
| Regulations re
federal lands
|
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.
|
|
| Obligation to
make
recommendati
on
|
(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.
|
|
| Contents
|
(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.
|
|
| Consultation
|
(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.
|
|
| Consultation
|
(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 Affairs and Northern Development and
the band before recommending the making of
the regulation.
|
|
| Consultation
|
(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.
|
|
| Provincial and
territorial
classifications
|
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.
|
|
| Application
|
(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.
|
|
| Destruction of
critical habitat
|
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.
|
|
| Exception
|
(1.1) Subsection (1) does not apply in
respect of
|
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