Bill C-5
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List of Wildlife Species at Risk |
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Regulations
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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.
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Pre-conditions
for
recommenda- tion
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(2) Before making a recommendation in
respect of a wildlife species or a species at
risk, the Minister must
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Applications
for assessment
of imminent
threat
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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.
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Information to
be included in
application
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(2) The application must include relevant
information indicating that there is an
imminent threat to the survival of the species.
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Regulations
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(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.
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Notice
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(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.
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Emergency
listing
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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.
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Formation of
opinion
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(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.
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Exemption
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(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.
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Review
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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 one year after the
making of the regulation, COSEWIC must
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Recommendat
ion to amend
List
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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.
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MEASURES TO PROTECT LISTED WILDLIFE SPECIES |
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General Prohibitions |
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Killing,
harming, etc.,
listed wildlife
species
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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.
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Possession,
collection, etc.
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(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.
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Deeming
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(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.
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Damage or
destruction of
residence
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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.
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Applica- tion - certain species in provinces
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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.
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Order
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(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.
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Obligation to
make
recommenda- tion
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(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.
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Consultation
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(4) Before recommending that the
Governor in Council make an order under
subsection (2), the Minister must consult
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Applica- tion - certain species in territories
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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.
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Exception
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(2) Subsection (1) does not apply
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Obligation to
make
recommenda- tion
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(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.
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Pre-conditions
for
recommenda- tion
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(4) Before recommending that an order be
made under subsection (1), the Minister must
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Prohibitions
re provincial
and territorial
classifications
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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
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Application
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(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.
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Recovery of Endangered, Threatened and Extirpated Species |
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Recovery Strategy
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Prepara- tion - endangered or threatened species
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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.
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More than one
competent
minister
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(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.
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Prepara- tion - extirpated species
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(3) If a wildlife species is listed as an
extirpated species, the competent minister
may prepare a strategy for its recovery.
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More than one
competent
minister
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(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.
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Commitments
to be
considered
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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.
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Cooperation
with others
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39. (1) To the extent possible, the recovery
strategy must be prepared in cooperation with
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Land claims
agreement
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(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.
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Consultation
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(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.
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Determina- tion of feasibility
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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.
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Contents if
recovery
feasible
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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
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Contents if
recovery not
feasible
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(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.
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Multi-species
or ecosystem
approach
permissible
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(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.
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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 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.
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Proposed
recovery
strategy
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42. The competent minister must include a
proposed 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.
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Comments
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43. (1) Within 60 days after the publication
of the proposed recovery strategy in the public
registry, any person may file written
comments with the competent minister.
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Finalization of
recovery
strategy
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(2) Within 30 days after the expiry of the
period referred to in subsection (1), the
competent minister must consider any
comments received, make any changes to the
proposed recovery strategy that he or she
considers appropriate and finalize the
recovery strategy by including a copy of it in
the public registry.
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Existing plans
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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
proposed recovery strategy in relation to the
species.
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Incorporation
of existing
plans
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(2) The competent minister may
incorporate any part of an existing plan
relating to a wildlife species into a recovery
strategy for the species.
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Amendments
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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.
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Amendments
relating to
time for
completing
action plan
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(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.
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Amendment
procedure
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(3) Sections 39 and 43 apply to amendments
to a recovery strategy, with any modifications
that the circumstances require.
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Exception
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(4) Subsection (3) does not apply if the
competent minister considers the amendment
to be minor.
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Reporting
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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.
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Action Plan
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Preparation
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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.
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Cooperation
with other
ministers and
governments
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48. (1) To the extent possible, an action plan
must be prepared in cooperation with
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