Bill C-5
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Management of Species of Special Concern |
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Preparation of
management
plan
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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.
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Cooperation
with other
ministers and
governments
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66. (1) To the extent possible, the
management plan 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 management
plan 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 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.
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Multi-species
or ecosystem
approach
permissible
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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.
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Public registry
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68. When a management plan is completed,
a copy of the management plan must be
included in the public registry.
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Existing plans
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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.
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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
management plan for the species.
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Amendments
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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.
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Amendment
procedure
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(2) Section 66 applies to amendments to the
management plan, with any modifications
that the circumstances require.
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Exception
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(3) Subsection (2) does not apply if the
competent minister considers the amendment
to be minor.
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Regulations
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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.
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Consultation
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(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.
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Consultation
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(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.
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Incorporation
by reference
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(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.
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Consultation
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(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.
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Exception
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(6) Subsection (5) does not apply
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Crown
corporations
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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.
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Scope of
guidelines
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(2) The guidelines may be made with
respect to all Crown corporations or to a
particular Crown corporation.
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Application of
regulations
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(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.
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Monitoring
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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.
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Agreements and Permits |
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Powers of
competent
minister
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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.
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Purpose
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(2) The agreement may be entered into, or
the permit issued, only if the competent
minister is of the opinion that
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Pre-conditions
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(3) The agreement may be entered into, or
the permit issued, only if the competent
minister is of the opinion that
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Consultation
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(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.
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Consultation
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(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.
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Terms and
conditions
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(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.
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Review of
agreements
and permits
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(7) The competent minister must review the
agreement or permit if an emergency order is
made with respect to the species.
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Amendment
of agreements
and permits
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(8) The competent minister may amend an
agreement or a permit as required to ensure the
survival or recovery of a species.
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Maximum
term
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(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.
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Regulations
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(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.
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Agreements
and permits
under other
Acts of
Parliament
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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
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Adding terms
and
conditions
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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.
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Amending
terms and
conditions
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(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.
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Treaties and
land claims
agreements
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(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.
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Exemption for
existing
agreements,
permits, etc.
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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.
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Agreements
and permits
under other
provincial and
territorial Acts
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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
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Interpreta- tion
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(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.
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Project Review |
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Notification
of Minister
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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.
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Required
action
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(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.
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Definitions
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(3) The definitions in this subsection apply
in this section.
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``person'' « personne »
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``person'' includes an association or
organization, and a responsible authority as
defined in subsection 2(1) of the Canadian
Environmental Assessment Act.
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``project'' « projet »
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``project'' means a project as defined in
subsection 2(1) of the Canadian
Environmental Assessment Act.
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Emergency Orders |
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Emergency
order
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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.
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Obligation to
make
recommenda- tion
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(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.
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Consultation
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(3) Before making a recommendation, the
competent minister must consult every other
competent minister.
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Contents
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(4) The emergency order may
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Exemption
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(5) An emergency order is exempt from the
application of section 3 of the Statutory
Instruments Act.
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