Bill C-5
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1st Session, 37th Parliament, 49 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-5 |
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An Act respecting the protection of wildlife
species at risk in Canada
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Preamble
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Recognizing that
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Species at
Risk Act.
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INTERPRETATION |
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Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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``action plan'' « plan d'action »
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``action plan'' means an action plan included
in the public registry under section 50 or 51
and includes any amendment to it included
in the public registry under section 52.
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``alternative
measures'' « mesures de rechange »
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``alternative measures'' means measures,
other than judicial proceedings, that are
used to deal with a person who is alleged to
have committed an offence.
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``aquatic
species'' « espèce aquatique »
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``aquatic species'' means a wildlife species
that is a fish, as defined in section 2 of the
Fisheries Act, or a marine plant, as defined
in section 47 of that Act.
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``Attorney
General'' « procureur général »
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``Attorney General'' means the Attorney
General of Canada or, for the purposes of
sections 108 to 113, an agent of the Attorney
General of Canada.
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``Canadian
Endangered
Species
Conservation
Council'' « Conseil canadien pour la conservation des espèces en péril »
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``Canadian Endangered Species Conservation
Council'' means the Council referred to in
subsection 7(1).
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``competent
minister'' « ministre compétent »
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``competent minister'' means
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``conveyance'
' « moyen de transport »
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``conveyance'' means a vehicle, aircraft or
water-borne craft or any other contrivance
that is used to move persons or goods.
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``COSEWIC'' « COSEPAC »
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``COSEWIC'' means the Committee on the
Status of Endangered Wildlife in Canada
established by section 14.
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``critical
habitat'' « habitat essentiel »
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``critical habitat'' means the habitat that is
necessary for the survival or recovery of a
listed wildlife species and that is identified
as the species' critical habitat in the
recovery strategy or in an action plan for the
species.
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``Crown
corporation'' « sociétés d'État »
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``Crown corporation'' means a parent Crown
corporation or a wholly-owned subsidiary,
within the meaning of section 83 of the
Financial Administration Act.
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``emergency
order'' « décret d'urgence »
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``emergency order'' means an order made
under section 80.
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``endangered
species'' « espèce en voie de disparition »
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``endangered species'' means a wildlife
species that is facing imminent extirpation
or extinction.
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``extirpated
species'' « espèce disparue du pays »
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``extirpated species'' means a wildlife species
that no longer exists in the wild in Canada,
but exists elsewhere in the wild.
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``federal
land'' « territoire domanial »
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``federal land'' means
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``habitat'' « habitat »
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``habitat'' means
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``individual'' « individu »
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``individual'' means an individual of a
wildlife species, whether living or dead, at
any developmental stage and includes
larvae, embryos, eggs, sperm, seeds, pollen,
spores and asexual propagules.
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``land claims
agreement
« accord sur
des revendica- tions territo- riales »
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``land claims agreement'' means a land claims
agreement within the meaning of section 35
of the Constitution Act, 1982.
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``List'' « liste »
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``List'' means the List of Wildlife Species at
Risk established under section 27.
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``listed'' « inscrite »
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``listed'' means listed on the List.
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``Minister'' « ministre »
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``Minister'' means the Minister of the
Environment.
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``offence'' « infraction »
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``offence'' means an offence under this Act.
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``provincial
minister'' « ministre provincial »
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``provincial minister'' means any minister of
the government of a province who is
responsible for the conservation and
management of a wildlife species in that
province.
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``public
registry'' « registre »
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``public registry'' means the registry
established under section 120.
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``recovery
strategy'' « programme de rétablisse- ment »
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``recovery strategy'' means a recovery
strategy included in the public registry
under section 43 or 44, and includes any
amendment to it included in the public
registry under section 45.
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``residence'' « résidence »
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``residence'' means a specific dwelling-place,
such as a den, nest or other similar area,
place or structure, that is occupied or
habitually occupied by one or more
individuals during all or part of their life
cycles, including breeding, rearing or
hibernating.
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``sell'' « vente »
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``sell'' includes to offer for sale or lease, have
in possession for sale or lease or deliver for
sale or lease.
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``species at
risk'' « espèce en péril »
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``species at risk'' means an extirpated,
endangered or threatened species or a
species of special concern.
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``species of
special
concern'' « espèce préoccu- pante »
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``species of special concern'' means a wildlife
species that may become a threatened or an
endangered species because of a
combination of biological characteristics
and identified threats.
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``status
report'' « rapport de situation »
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``status report'' means a report, prepared in
accordance with the requirements of
regulations made under subsection 21(2),
that contains a summary of the best
available information on the status of a
wildlife species, including scientific
knowledge, community knowledge and
aboriginal traditional knowledge.
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``territorial
minister'' « ministre territorial »
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``territorial minister'' means any minister of
the government of a territory who is
responsible for the conservation and
management of a wildlife species in that
territory.
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``threatened
species'' « espèce menacée »
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``threatened species'' means a wildlife species
that is likely to become an endangered
species if nothing is done to reverse the
factors leading to its extirpation or
extinction.
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``treaty
« traité »
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``treaty'' means a treaty within the meaning of
section 35 of the Constitution Act, 1982.
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``wildlife
management
board
« conseil de
gestion des
ressources
fauniques »
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``wildlife management board'' means any
board or other body established under a land
claims agreement that is authorized by the
agreement to perform functions in respect
of wildlife species.
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``wildlife
species'' « espèce sauvage »
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``wildlife species'' means a species,
subspecies or biologically distinct
population of animal, plant or other
organism, other than a bacterium or virus,
that is wild by nature and
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Deeming
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(2) For the purposes of the definition
``wildlife species'' in subsection (1), a
species, subspecies or biologically distinct
population is, in the absence of evidence to the
contrary, presumed to have been present in
Canada for at least 50 years.
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Competent
minister
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(3) A reference to a competent minister in
any provision of this Act is to be read as a
reference to the competent minister in respect
of the wildlife species, or the individuals of the
wildlife species, to which the provision
relates.
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Regulations
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(4) The Governor in Council may, on the
recommendation of the Minister after
consultation with the Minister of Canadian
Heritage, the Minister of Fisheries and Oceans
and the Canadian Endangered Species
Conservation Council, make regulations
defining any term or expression for the
purpose of this Act or the regulations, other
than terms and expression that are defined in
this Act.
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Aboriginal
and treaty
rights
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3. For greater certainty, nothing in this Act
shall be construed so as to abrogate or
derogate from the protection provided for
existing aboriginal or treaty rights of the
aboriginal peoples of Canada by the
recognition and affirmation of those rights in
section 35 of the Constitution Act, 1982.
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Sedentary
living
organisms
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4. (1) This Act also applies to sedentary
living organisms on or under the continental
shelf of Canada outside the exclusive
economic zone.
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Meaning of
``sedentary''
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(2) For the purpose of subsection (1), a
living organism is sedentary if it is, at the
harvestable stage, either immobile on or under
the seabed or is unable to move except in
constant physical contact with the seabed or
subsoil.
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