Bill C-5
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FEES AND CHARGES |
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Regulations
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125. (1) The Governor in Council may, on
the recommendation of the Minister and the
President of the Treasury Board, after the
Minister has consulted the Minister of
Canadian Heritage and the Minister of
Fisheries and Oceans, make regulations
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Recovery of
fees
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(2) A fee or charge required by the
regulations to be paid constitutes a debt due to
Her Majesty in right of Canada and may be
recovered in any court of competent
jurisdiction.
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REPORTS AND REVIEW OF ACT |
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Annual report
to Parliament
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126. The Minister must annually prepare a
report on the administration of this Act during
the preceding calendar year and must have a
copy of the report tabled in each House of
Parliament within the first 15 days that it is
sitting after the completion of the report. The
report must include a summary addressing the
following matters:
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Convening
round table
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127. (1) The Minister must, at least once
every two years, convene a round table of
persons interested in matters respecting the
protection of wildlife species at risk in Canada
to advise the Minister on those matters.
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Recommenda- tions to be in public registry
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(2) Any written recommendations from the
round table must be included in the public
registry.
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Response of
Minister
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(3) The Minister must respond to any
written recommendations from the round
table within 180 days after receiving them and
a copy of the Minister's response must be
included in the public registry.
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Reports on
status of
wildlife
species
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128. Five years after this section comes into
force and at the end of each subsequent period
of five years, the Minister must prepare a
general report on the status of wildlife species.
The Minister must have the report tabled in
each House of Parliament within the first 15
days that it is sitting after the completion of the
report.
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Parliamen- tary review of Act
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129. Five years after this section comes into
force, a committee of the House of Commons,
of the Senate or of both Houses of Parliament
is to be designated or established for the
purpose of reviewing this Act.
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ASSESSMENT OF WILDLIFE SPECIES MENTIONED IN THE SCHEDULES |
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Assessment of
status
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130. (1) COSEWIC must assess the status of
each wildlife species set out in Schedule 1 or
2, and, as part of the assessment, identify
existing and potential threats to the species
and
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Time for
assessment -
Schedule 1
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(2) In the case of a species set out in
Schedule 1, the assessment must be completed
within 30 days after section 14 comes into
force.
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Deemed
classification
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(3) If an assessment of a wildlife species set
out in Schedule 1 is not completed within the
required time or, if there has been an
extension, within the extended time,
COSEWIC is deemed to have classified the
species as indicated in Schedule 1.
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Time for
assessment -
Schedule 2
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(4) In the case of a species set out in
Schedule 2, the assessment must be completed
within one year after the competent minister
requests the assessment. If there is more than
one competent minister with respect to the
species, they must make the request jointly.
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Extension
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(5) The Governor in Council may, on the
recommendation of the Minister after
consultation with the competent minister or
ministers, by order, extend the time provided
for the assessment of any species set out in
Schedule 1 or 2. The Minister must include a
statement in the public registry setting out the
reasons for the extension.
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Provisions
apply
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(6) Subsections 15(2) and (3) and 21(1) and
section 25 apply with respect to assessments
under subsection (1).
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Recent reports
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(7) In making its assessment of a wildlife
species, COSEWIC may take into account and
rely on any report on the species that was
prepared in the two-year period before this
Act receives royal assent.
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Section 27
applies
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131. Section 27 applies in respect of a
wildlife species referred to in section 130 that
COSEWIC classifies as extinct, extirpated,
endangered, threatened or of special concern
or that is deemed to have been so classified.
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Time for
recovery
strategy
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132. If a wildlife species is added to the List
by the Governor in Council as the result of an
assessment under section 130, the recovery
strategy for the species must be prepared
within three years after the listing in the case
of an endangered species, and within four
years in the case of a threatened species.
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Time for
management
plan
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133. If a wildlife species is added to the List
by the Governor in Council as a species of
special concern as the result of an assessment
under section 130, the management plan for
the species must be prepared within five years
after the listing.
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RELATED AMENDMENTS |
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R.S., c. W-9;
1994, c. 23,
s. 2(F)
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Canada Wildlife Act |
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134. Section 4 of the Canada Wildlife Act
is amended by adding the following after
subsection (2):
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Powers in
relation to
lands
administered
by other
ministers
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(3) If public lands under the administration
of a minister of the Crown other than the
Minister are, in the opinion of the Minister and
the other minister, required for wildlife
research, conservation or interpretation, the
Governor in Council may, on the
recommendation of both ministers, by order,
authorize the Minister to exercise, with the
concurrence of the other minister, the powers
referred to in subsection (2) in relation to those
lands or any portion of them specified in the
order.
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135. The Act is amended by adding the
following after section 4.1:
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Delegation by
Minister
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4.2 The Minister may delegate to any
person any power conferred on the Minister
under this Act. The person may then exercise
the power subject to any terms and conditions
that the Minister specifies.
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1991, c. 50,
s. 48(1)
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136. (1) Paragraph 12(a) of the Act is
replaced by the following:
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1994, c. 23,
s. 14(3)
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(2) Paragraphs 12(i) and (j) of the Act are
replaced by the following:
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1992, c. 37
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Canadian Environmental Assessment Act |
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137. Paragraph (a) of the definition
``environmental effect'' in subsection 2(1)
of the Canadian Environmental Assessment
Act is replaced by the following:
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1994, c. 22
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Migratory Birds Convention Act, 1994 |
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138. The Migratory Birds Convention Act,
1994 is amended by adding the following
after section 11:
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Delegation by
Minister
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11.1 The Minister may delegate to any
person any power conferred on the Minister
under this Act. The person may then exercise
the power subject to any terms and conditions
that the Minister specifies.
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1992, c. 52
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Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act |
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139. Section 10 of the Wild Animal and
Plant Protection and Regulation of
International and Interprovincial Trade Act
is amended by adding the following after
subsection (3):
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Delegation by
Minister
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(4) The Minister may delegate to any person
any power conferred on the Minister under
this section. The person may then exercise the
power subject to any terms and conditions that
the Minister specifies.
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140. Paragraph 21(1)(c) of the Act is
amended by striking out the word ``and'' at
the end of subparagraph (iii), by adding the
word ``and'' at the end of subparagraph (iv)
and by adding the following after
subparagraph (iv):
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141. The Act is amended by adding the
following after section 21:
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Order
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21.1 (1) The Governor in Council may, on
the recommendation of the Minister, by order,
amend the definition ``animal'' or ``plant'' in
section 2 for the purposes of subsection 6(2).
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Recommendat
ion
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(2) If the Minister is of the opinion that the
import of any specimen, living or dead, would
be harmful to Canadian ecosystems or to any
species in Canada and that urgent action is
needed, the Minister may recommend that an
order be made under subsection (1).
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Duration of
amendment
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(3) The amendment made by the order
applies for the period specified in the order,
which period may not be longer than one year
from the day the order is made.
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Exemption
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(4) The order is exempt from the
application of section 3 of the Statutory
Instruments Act.
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COMING INTO FORCE |
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Order of
Governor in
Council
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142. The provisions of this Act come into
force on a day or days to be fixed by order
of the Governor in Council.
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