| 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
|
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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(1.1) Subsection (1) does not apply in
respect of an aquatic species.
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| Application
|
(2) Subsection (1) applies only to the
portions of the critical habitat that the
Minister, by order, specifies.
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| Power to
make
recommendati
on
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(3) The Minister must make the order if
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(a) a provincial minister or territorial
minister has requested that the order be
made;
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(b) the Canadian Endangered Species
Conservation Council has recommended
that the order be made; or
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(c) he or she is of the opinion that the laws
of the province or territory do not
effectively protect the critical habitat of the
species.
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(3.1) In determining whether a territory's
laws provide effective protection, the Minister
shall consider
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(a) whether there is a prohibition equivalent
to the one in section 32 or 33, as applicable;
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(b) whether criteria at least as stringent as
those in subsection 74(3) are used in
granting exemptions;
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(c) whether there is effective application
and enforcement of the laws of the territory;
and
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(d) whether information about the
application and enforcement of the
territory's laws, including the granting of
exemptions, is made public.
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(3.2) The Minister shall provide reasons for
his or her determination in the public registry.
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| Obligation to
make
recommendati
on
|
(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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(a) 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; and
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(b) the laws of the province or territory do
not protect the particular portion of the
critical habitat.
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| Expiry and
renewal of
order
|
(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
|
(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
|
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 species at risk .
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| Progress
reports on
unprotected
portions of
critical habitat
|
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 fair and
reasonable compensation to any person for
losses suffered as a result of any extraordinary
impact of the application of
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(a) section 58, 60 or 61; or
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(b) an emergency order in respect of habitat
identified in the emergency order that is
necessary for the survival or recovery of a
wildlife species.
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| Regulations
|
(2) The Governor in Council shall 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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(a) the procedures to be followed in
claiming compensation;
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(b) the methods to be used in determining
the eligibility of a person for compensation,
the amount of loss suffered by a person and
the amount of compensation in respect of
any loss; and
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(c) the terms and conditions for the
provision of compensation.
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| Preparation of
management
plan
|
65. (1) Subject to subsection (2), within
three years after a wildlife species is listed as
a species of special concern, the competent
minister must prepare a management plan for
the species and its habitat. The plan must
include measures for the conservation of the
species that the competent minister considers
appropriate and it may apply with respect to
more than one wildlife species.
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(2) With respect to wildlife species that are
set out in Schedule 1 as a species of special
concern on the day section 27 comes into
force, the competent minister must include a
management plan in the public registry within
five years after that day.
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| Cooperation
with other
ministers and
governments
|
66. (1) To the extent possible, the
management 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 management 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, the management
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, the management
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
management plan, including the government
of any other country in which the species is
found.
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| Multi-species
or ecosystem
approach
permissible
|
67. The competent minister may adopt a
multi-species or an ecosystem approach when
preparing the management plan if he or she
considers it appropriate to do so.
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| Public registry
|
68. (1) When a management plan is
completed, a copy of the management plan
must be included in the public registry.
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(2) Within 90 days after the inclusion of a
management plan in the public registry, the
competent minister must 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
management plan by including a revised copy
of the plan in the public registry.
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| Existing plans
|
69. (1) If the competent minister is of the
opinion that an existing plan relating to a
wildlife species includes adequate measures
for the conservation of the species, the
competent minister shall, after consultation
with persons listed in section 66 , include a
copy of the existing plan in the public registry
as the management 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
management plan for the species, insofar as
that existing plan meets the requirements as
outlined in section 66.
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| Amendments
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70. (1) The competent minister may at any
time amend a management plan. A copy of the
amendment must be included in the public
registry.
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| Amendment
procedure
|
(2) Section 66 applies to amendments to the
management 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
|
71. (1) The Governor in Council may, on the
recommendation of the competent minister,
make any regulations 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, that the
Governor in Council considers appropriate for
the purpose of implementing the measures
included in the management 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 recommending the making of 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
recommending the making of 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 recommending the making of
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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72. [Deleted]
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| Monitoring
|
73. The competent minister must monitor
the implementation of the management plan
and must assess its implementation five years
after the plan is included in the public registry ,
until the plan has expired, has been replaced
or the species status has improved and every
five years thereafter, and must include a report
of this assessment in that registry.
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| Powers of
competent
minister
|
74. (1) An agreement, permit, licence, order
or other form of approval under subsection
(1.1) or section 75 is required in order for a
person to engage in an activity adversely
affecting any part of the critical habitat of a
listed endangered, threatened or extirpated
wildlife species, as identified in an action
plan, if the species is:
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(b) an aquatic species; or
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(c) a migratory bird species protected by the
Migratory Birds Convention Act, 1994.
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(1.1) The competent minister may enter
into an agreement with a person or issue a
permit to a person, authorizing the person to
engage in an activity adversely affecting a
wildlife species, any part of its critical habitat
or the residences of its individuals.
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| Purpose
|
(2) The agreement may be entered into, or
the permit issued, only if the competent
minister is of the opinion that
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(a) the activity is scientific research relating
to the conservation of the species and
conducted by qualified persons;
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(b) the activity benefits the species or is
required to enhance its chance of survival in
the wild; or
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(c) affecting the species is incidental to the
carrying out of the activity.
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(2.1) No agreement under subsection (1)
that affects fee simple land or the management
and use of land or resources subject to
resource management or use agreement with
any government in Canada may be entered
into without the consent of the parties to the
agreement.
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| Pre-conditions
|
(3) The agreement may be entered into, or
the permit issued, only if the competent
minister is of the opinion that
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(a) all reasonable alternatives to the activity
that would reduce the impact on the species
have been considered and the best
alternative has been adopted, based on
ecological, scientific, technical and
socio-economic considerations;
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(b) all feasible measures will be taken to
minimize the impact of the activity on the
species or its critical habitat or the
residences of its individuals; and
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(c) the activity will not jeopardize the
survival or recovery of the species.
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(3.1) If an agreement is entered into or a
permit is issued, the competent minister must
include in the public registry an explanation of
why it was entered into or issued, taking into
account the matters referred to in paragraphs
(3)(a), (b) and (c).
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| Consultation
|
(4) 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 competent minister must consult
the wildlife management board before
entering into an agreement or issuing a permit
concerning that species in that area.
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| Consultation
|
(5) If the species is found in 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 must consult the band
before entering into an agreement or issuing a
permit concerning that species in that reserve
or those other lands.
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| Terms and
conditions
|
(6) The agreement or permit must contain
any terms and conditions governing the
activity that the competent minister considers
necessary for protecting the species,
minimizing the impact of the authorized
activity on the species or providing for its
recovery.
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| Review of
agreements
and permits
|
(7) The competent minister must review the
agreement or permit if an emergency order is
made with respect to the species.
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| Amendment
of agreements
and permits
|
(8) The competent minister may revoke or
amend an agreement or a permit to ensure the
survival or recovery of a species.
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| Maximum
term
|
(9) No agreement may be entered into for a
term longer than five years and no permit may
be issued for a term longer than three years.
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| Regulations
|
(10) The Minister may, after consultation
with the Minister of Canadian Heritage and
the Minister of Fisheries and Oceans, make
regulations respecting the entering into of
agreements, the issuance of permits and the
renewal, revocation, amendment and
suspension of agreements and permits.
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| Agreements
and permits
under other
Acts of
Parliament
|
75. In entering into, issuing or making an
agreement, permit, licence, order or other
form of approval under another Act of
Parliament authorizing a person or
organization to engage in an activity affecting
a listed wildlife species, any part of its critical
habitat or the residences of its individuals, a
federal minister shall:
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(a) before it is entered into, issued or made,
ensure that the requirements of subsections
74(2) to (6) and (9) are met; and
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(b) after it is entered into, issued or made,
comply with the requirements of
subsections 74(7) and (8), in which case the
agreement, permit, licence, order or other
form of approval has the same effect as an
agreement or permit under subsection
74(1.1).
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| Adding terms
and
conditions
|
76. (1) A competent minister may add terms
and conditions to protect a listed wildlife
species, any part of its critical habitat or the
residences of its individuals to any agreement,
permit, licence, order or other similar
document authorizing a person to engage in an
activity affecting the species, any part of its
critical habitat or the residences of its
individuals that is entered into, issued or made
by the competent minister under another Act
of Parliament.
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| Amending
terms and
conditions
|
(2) A competent minister may also revoke
or amend any term or condition in any of those
documents to protect a listed wildlife species,
any part of its critical habitat or the residences
of its individuals.
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| Treaties and
land claims
agreements
|
(3) The competent minister must take into
account any applicable provisions of treaty
and land claims agreements when carrying out
his or her powers under this section.
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