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Bill C-5

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	Management of Species of Special Concern
Preparation of management plan	65. Within three years after 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.
Cooperation with other ministers and governments	66. (1) To the extent possible, the management 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;
	(d) every aboriginal organization that the competent minister considers will be directly affected by the management plan; 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 management plan 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 management plan must be prepared in consultation with any landowners 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.
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.
Public registry	68. When a management plan is completed, a copy of the management plan must be included in the public registry.
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, he or she may include a copy of the existing plan in the public registry as the management plan 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 management plan for the species.
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.
Amendment procedure	(2) Section 66 applies to amendments to the management plan, with any modifications that the circumstances require.
Exception	(3) Subsection (2) does not apply if the competent minister considers the amendment to be minor.
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.
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 and Northern Affairs and the band before recommending the making of the regulation.
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.
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. They may also incorporate by reference other material as amended from time to time.
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.
Exception	(6) Subsection (5) 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 and their habitat; or
	(b) in respect of land under the authority of the Minister or the Parks Canada Agency.
Crown corporations	72. (1) The competent minister and the President of the Treasury Board may jointly make guidelines in respect of Crown corporations for the purpose of implementing the measures included in a management plan.
Scope of guidelines	(2) The guidelines may be made with respect to all Crown corporations or to a particular Crown corporation.
Application of regulations	(3) If guidelines are made, regulations made under section 71 apply to a Crown corporation only to the extent provided for by order of the Governor in Council.
Monitoring	73. 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.
	Agreements and Permits
Powers of competent minister	74. (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.
Purpose	(2) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that
	(a) the activity is scientific research relating to the conservation of the species and conducted by qualified persons;
	(b) the activity benefits the species or is required to enhance its chance of survival in the wild; or
	(c) affecting the species is incidental to the carrying out of the activity.
Pre-conditions	(3) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that
	(a) all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best alternative has been adopted;
	(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
	(c) the activity will not jeopardize the survival or recovery of the species.
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.
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.
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.
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.
Amendment of agreements and permits	(8) The competent minister may amend an agreement or a permit as required to ensure the survival or recovery of a species.
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.
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.
Agreements and permits under other Acts of Parliament	75. 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 74(1) if
	(a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 74(2) to (6) are met; and
	(b) after it is entered into, issued or made, the competent minister complies with the requirements of subsection 74(7).
Adding terms and conditions	76. (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.
Amending terms and conditions	(2) A competent minister may also vary or repeal 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.
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.
Exemption for existing agreements, permits, etc.	77. 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.
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 74(1) if
	(a) before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 74(2), (3) and (6) are met; and
	(b) after it is entered into, issued or made, the provincial or territorial minister complies with the requirements of subsection 74(7).
Interpreta- tion	(2) For the purpose of subsection (1), the references to ``competent minister'' in subsections 74(2), (3), (6) and (7) are to be read as references to ``provincial minister'' or ``territorial minister'', as the case may be.
	Project Review
Notification of Minister	79. (1) Every person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat.
Required action	(2) The person must identify the adverse effects of the project on the listed wildlife species and its critical habitat and, if the project is carried out, must ensure that measures are taken to avoid or lessen those effects and to monitor them. The measures must be taken in a way that is consistent with any applicable recovery strategy and actions plans.
Definitions	(3) The definitions in this subsection apply in this section.
``person'' « personne »	``person'' includes an association or organization, and a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act.
``project'' « projet »	``project'' means a project as defined in subsection 2(1) of the Canadian Environmental Assessment Act.
	Emergency Orders
Emergency order	80. (1) The Governor in Council may, on the recommendation of the competent minister, make an emergency order to provide for the protection of a listed wildlife species.
Obligation to make recommenda- tion	(2) The competent minister must make the recommendation if he or she is of the opinion that the species faces imminent threats to its survival or recovery.
Consultation	(3) Before making a recommendation, the competent minister must consult every other competent minister.
Contents	(4) The emergency order may
	(a) in the case of an aquatic species,
	(i) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(ii) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat;
	(b) in the case of a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994,
	(i) on federal land or in the exclusive economic zone of Canada,
	(A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and
	(ii) on land other than land referred to in subparagraph (i),
	(A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(B) include provisions requiring the doing of things that protect the species and provisions prohibiting activities that may adversely affect the species and that habitat; and
	(c) with respect to any other species,
	(i) on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada,
	(A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and
	(ii) on land other than land referred to in subparagraph (i),
	(A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(B) include provisions prohibiting activities that may adversely affect the species and that habitat.
Exemption	(5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act.

Bill C-5

Management of Species of Special Concern

Agreements and Permits

Project Review

Emergency Orders