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Bill C-33

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List of Wildlife Species at Risk

Regulations

27. (1) The Governor in Council may, on the recommendation of the Minister, by regulation, establish the List of Wildlife Species at Risk and amend the List by adding a wildlife species to the List, by reclassifying a listed wildlife species or by removing a listed wildlife species from the List.

Pre-
conditions for recommenda-
tion

(2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must

    (a) take into account the assessment of COSEWIC in respect of the species;

    (b) consult the competent minister or ministers; and

    (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.

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.

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.

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.

Notice

(4) COSEWIC must provide the applicant, the Minister and the Canadian Endangered Species Conservation Council with a notice of its assessment and a copy of the notice 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.

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.

Exemption

(3) If a recommendation is made under subsection (1), subsection 27(2) does not apply to any regulation that is made under subsection 27(1) on the basis of that recommendation and the regulation is exempt from the application of section 3 of the Statutory Instruments Act.

Review

30. As soon as possible after a regulation 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 two years after the making of the order, COSEWIC must

    (a) confirm the classification of the species;

    (b) recommend to the Minister that the species be reclassified; or

    (c) recommend to the Minister that the species be removed from the List.

Recommen-
dation to amend List

31. If COSEWIC makes a recommendation under paragraph 30(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List.

MEASURES TO PROTECT LISTED WILDLIFE SPECIES

General Prohibitions

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.

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.

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.

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.

Applica-
tion - 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 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 recommenda-
tion

(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 protect the species.

Consultation

(4) Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult

    (a) the appropriate provincial minister; and

    (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.

Applica-
tion - 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 recommenda-
tion

(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 protect the species.

Pre-
conditions for recommenda-
tion

(4) Before recommending that an order be made under subsection (1), the Minister must

    (a) consult the appropriate territorial minister; and

    (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

    (a) kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory;

    (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.

Recovery of Endangered, Threatened and Extirpated Species

Recovery Strategy

Prepara-
tion - endangered or threatened species

37. (1) If a wildlife species is listed as an endangered species or a threatened species, the competent minister must prepare a strategy for its recovery.

More than one competent minister

(2) If there is more than one competent minister with respect to the endangered or threatened 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.

Prepara-
tion - extirpated species

(3) If a wildlife species is listed as an extirpated species, the competent minister may prepare a strategy for its recovery.

More than one competent minister

(4) If there is more than one competent minister with respect to the extirpated species and they are of the opinion that a strategy should be prepared for its recovery, they must prepare the strategy together, in which case 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 the recovery strategy, 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.

Determina-
tion 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 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, unless it is not possible to do so, and if critical habitat is identified, examples of activities that are likely to result in its destruction;

    (d) a statement of the population and distribution objectives that will assist the survival and recovery of the species;

    (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, unless it is not possible to do so, 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.

Proposal

42. The competent minister must include a proposal of the 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.

Finalization of recovery strategy

43. Within 90 days after the publication of the proposal in the public registry, the competent minister must consider the comments, if any, received in respect of the proposal, make any changes to it that he or she considers appropriate and finalize the recovery strategy by including a copy of the existing plan in the public registry.

Existing plans

44. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species substantially meets the requirements of subsection 41(1) or (2), he or she may include it in the public registry as the recovery strategy in relation to the species.

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.

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.

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.

Amendment procedure

(3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require.

Exception

(4) Subsection (3) does not apply if the competent minister considers the amendment to be minor.

Reporting

46. The competent minister must report on the implementation of the recovery strategy within five years after it is included in the public registry and in every subsequent five-year period. The report must be included in the public registry.

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.

Cooperation with other ministers and governments

48. (1) To the extent possible, an action plan must be prepared in cooperation with

    (a) the appropriate provincial and territorial minister of 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;

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