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(a) an aquatic species; or
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(b) the critical habitat of a species of bird
that is a migratory bird protected by the
Migratory Birds Convention Act, 1994 that
is habitat referred to in subsection 58(5.1).
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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
recommendati
on
|
(3) The Minister may make a
recommendation if
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(a) a provincial minister or territorial
minister has requested that the
recommendation be made; or
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(b) the Canadian Endangered Species
Conservation Council has recommended
that the recommendation be made.
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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 effectively protect 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
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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must recommend that the order be repealed.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
|
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
|
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. If 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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| 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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| Proposed
management
plan
|
68. (1) Subject to subsection (2), the
competent minister must include a proposed
management plan in the public registry within
three years after the wildlife species is listed
as a species of special concern.
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| First listed
species
|
(2) With respect to a wildlife species that is
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
proposed management plan in the public
registry within five years after that day.
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| Comments
|
(3) Within 60 days after the proposed
management plan is included in the public
registry, any person may file written
comments with the competent minister.
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| Finalization of
management
plan
|
(4) Within 30 days after the expiry of the
period referred to in subsection (3), the
competent minister must consider any
comments received, make any changes to the
proposed management plan that he or she
considers appropriate and finalize the
management plan by including a copy of it 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 and the
competent minister adopts the existing plan as
the proposed management plan, he or she must
include a copy of it in the public registry as the
proposed 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 proposed
management plan for the species.
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| Amendments
|
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 Affairs and Northern Development 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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| Monitoring
|
72. 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,
and in every subsequent five-year period, until
its objectives have been achieved. The report
must be included in the public registry.
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| Powers of
competent
minister
|
73. (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 affecting a listed 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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| 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 solution
has been adopted;
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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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| Explanation
in public
registry
|
(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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| Competent
minister
acting under
other Acts
|
74. An agreement, permit, licence, order or
other similar document 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 that is entered into, issued or made
by the competent minister under another Act
of Parliament has the same effect as an
agreement or permit under subsection 73(1) if
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(a) before it is entered into, issued or made,
the competent minister is of the opinion that
the requirements of subsections 73(2) to (6)
and (9) are met; and
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(b) after it is entered into, issued or made,
the competent minister complies with the
requirements of subsection 73(7).
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| Adding terms
and
conditions
|
75. (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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| Exemption for
existing
agreements,
permits, etc.
|
76. The Governor in Council may, on the
recommendation of a competent minister, by
order, provide that section 32, 33, 36, 58, 60 or
61, or any regulation made under section 53,
59 or 71, does not apply, for a period of up to
one year from the date of listing of a wildlife
species, to agreements, permits, licences,
orders or other similar documents authorizing
persons to engage in an activity affecting the
listed wildlife species, any part of its critical
habitat or the residences of its individuals that
were entered into, issued or made under
another Act of Parliament before the species
was listed.
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| Licences,
permits, etc.,
under other
Acts of
Parliament
|
77 (1) Despite any other Act of Parliament,
any person or body, other than a competent
minister, authorized under any Act of
Parliament, other than this Act, to issue or
approve a licence, a permit or any other
authorization that authorizes an activity that
may result in the destruction of any part of the
critical habitat of a listed wildlife species may
enter into, issue, approve or make the
authorization only if the person or body has
consulted with the competent minister, has
considered the impact on the species' critical
habitat and is of the opinion that
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(a) all reasonable alternatives to the activity
that would reduce the impact on the
species' critical habitat have been
considered and the best solution has been
adopted; and
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|
(b) all feasible measures will be taken to
minimize the impact of the activity on the
species' critical habitat.
|
|
| Application of
section 58
|
(2) For greater certainty, section 58 applies
even though a licence, a permit or any other
authorization has been issued in accordance
with subsection (1).
|
|
| Agreements
and permits
under other
provincial and
territorial Acts
|
78. (1) An agreement, permit, licence, order
or other similar document authorizing a
person to engage in an activity affecting a
listed wildlife species, any part of its critical
habitat or the residences of its individuals that
is entered into, issued or made under an Act of
the legislature of a province or a territory by
a provincial or territorial minister with whom
a competent minister has entered into an
agreement under section 10 has the same
effect as an agreement or permit under
subsection 73(1) if
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(a) before it is entered into, issued or made,
the provincial or territorial minister
determines that the requirements of
subsections 73(2), (3), (6) and (9) are met;
and
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(b) after it is entered into, issued or made,
the provincial or territorial minister
complies with the requirements of
subsection 73(7).
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| Interpretation
|
(2) For the purpose of subsection (1), the
references to ``competent minister'' in
subsections 73(2), (3), (6) and (7) are to be
read as references to ``provincial minister'' or
``territorial minister'', as the case may be.
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