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(a) a description of the species and its needs
that is consistent with information provided
by COSEWIC;
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(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;
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(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;
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(c.1) a schedule of studies to identify
critical habitat, where available
information is inadequate;
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(d) a statement of the population and
distribution objectives that will assist for
the survival and recovery of the species and
a general description of the research and
management activities needed to meet
those objectives ;
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(e) any other matters that are prescribed by
the regulations;
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(f) a statement about whether additional
information is required about the species;
and
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(g) a statement of when one or more action
plans in relation to the recovery strategy
will be completed.
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| 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.
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| 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.
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| 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.
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| 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 .
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(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.
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| Comments
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43. (1) Within 60 days after the publication
of the proposed recovery strategy 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
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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 recovery
strategy, he or she shall include it in the public
registry as the 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 recovery
strategy for the species.
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| Amendments
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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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(2) [Deleted]
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| Amendment
procedure
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(3) Sections 39 and 43 apply to amendments
to a recovery strategy, with any modifications
that the circumstances require.
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| Exception
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(4) Subsection (2) 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, until the
strategy has expired or is replaced, the species
recovered or recovery is no longer feasible, in
every subsequent five-year period. The report
must be included in the public registry.
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Action Plan
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| 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
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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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(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) 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 under legislation or under an
agreement ;
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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 the
cost of not proceeding with the action plan;
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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| Public registry
|
50. (1) An action plan must be completed
for an endangered species within one year
after the recovery strategy is finalized and
within two years from the completion of the
recovery strategy for a threatened or
extirpated species.
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| Summary if
action plan
not completed
in time
|
(2) In exceptional circumstances, where an
action plan cannot be completed within the
time specified in subsection (1), the Minister
may grant an extension of no more than six
months; and where a multi-species action plan
is being prepared for the species, grant an
additional extension of up to one year, and the
reasons for the extension must be given in the
public registry.
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(3) Within 90 days after the inclusion of a
proposed action plan in the public registry, the
competent minister may consider the
comments, if any, received in respect of the
plan, make any changes to it that he or she
considers appropriate and finalize the action
plan by including a copy of the plan in the
public registry.
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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 the action plan, he or
she shall include it in the public registry as the
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 an action
plan for the species.
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| 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.
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|
| Amendment
procedure
|
(2) Section 48 applies to amendments to an
action plan, with any modifications that the
circumstances require.
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| Exception
|
(3) Subsection (2) does not apply if the
competent minister considers the amendment
to be minor.
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| Regulations
|
53. (1) Within 120 days after an action plan
is completed, the competent minister shall ,
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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(1.1) The competent minister may make
whatever other regulations are necessary for
the purpose of implementing measures in an
action plan or amended action plan.
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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.
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| 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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54. [Deleted]
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| Use of powers
under other
Acts
|
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
|
56. 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
|
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
|
58. (1) No person shall destroy any part of
the critical habitat of a listed endangered
species, a listed threatened species or a listed
extirpated species, if a recovery strategy has
recommended the reintroduction of the
species into the wild in Canada, that is
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(a ) on federal land, in the exclusive
economic zone of Canada or on the
continental shelf of Canada;
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(b) an aquatic species; or
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|
|
(c) a species of migratory birds protected by
the Migratory Birds Convention Act, 1994.
|
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| Application
|
(2) Subsection (1) applies only to the
critical habitat that is identified in an action
plan.
|
|
| Obligation to
make
recommendati
on
|
(3) Subsection (1) does not apply to habitat
that is the subject of an agreement or permit
under section 11, 74 or 75, including an
agreement or permit under another Act of
Parliament, to the extent that it authorizes
activities which adversely modify any part of
the critical habitat of the species referred to in
subsection (1).
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| Consultation
|
(4) If the critical habitat is on land that is not
federal land, subsection (1) does not apply
until 60 days after the action plan is included
in the public registry, during which time the
competent minister shall make reasonable
efforts to contact the landowner and seek to
negotiate an agreement under section 11, 74 or
75.
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| Consultation
|
(5) If the critical habitat is on a reserve or
any other lands that are set apart for the use
and benefit of a band under the Indian Act,
subsection (1) does not apply until 60 days
after the action plan is included in the public
registry, during which time the competent
minister shall contact the band and seek to
negotiate an agreement under section 11, 74 or
75, in consultation with the Minister of Indian
and Northern Affairs.
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| Consultation
|
(6) If the critical habitat is 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, subsection (1) does not apply until 60
days after the action plan is included in the
public registry, during which time the
competent minister shall contact the Board
and seek to negotiate an agreement under
section 11, 74 or 75.
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(6.1) The competent minister may by order
extend the 60-day time period mentioned in
subsections (4), (5) and (6) by up to an
additional 90 days where, in the competent
minister's opinion, such an extension is
necessary for purposes of negotiating an
agreement under section 11, 74 or 75.
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| Regulations re
federal lands
|
59. (1) After a recovery strategy is
completed or after an action plan is completed
that revises the critical habitat identified in the
strategy, the competent minister may make
regulations to protect the habitat of a listed
species that is:
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(b) an aquatic species; or
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|
(c) a species that is a species of migratory
birds protected by the Migratory Birds
Convention Act, 1994.
|
|
| Obligation to
make
recommendati
on
|
(2) Regulations made under subsection (1)
do not apply to anything that meets the
requirements of section 83.
|
|
| 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.
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|
| Consultation
|
(4) If the critical habitat is on land that is not
federal land, the competent minister shall
make reasonable efforts to contact the
landowner and seek to negotiate an agreement
under section 11, 74 or 75 before making a
regulation under subsection (1).
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| Consultation
|
(5) If the critical habitat is on a reserve or
any other lands that are set apart for the use
and benefit of a band under the Indian Act, the
competent minister shall contact the band and
seek to negotiate an agreement under section
11, 74 or 75, in consultation with the Minister
of Indian and Northern Affairs, before making
a regulation under subsection (1).
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| Consultation
|
(6) If the critical habitat is 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 competent minister shall contact
the band and seek to negotiate an agreement
under section 11, 74 or 75 before making a
regulation under subsection (1).
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| 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.
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