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Bill C-5

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HER MAJESTY

Binding on Her Majesty

5. This Act is binding on Her Majesty in right of Canada or a province.

PURPOSES

Purposes

6. The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened.

CANADIAN ENDANGERED SPECIES CONSERVATION COUNCIL

Composition

7. (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister of Canadian Heritage and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory.

Role

(2) The role of the Canadian Endangered Species Conservation Council is to

    (a) provide general direction on the activities of COSEWIC, the preparation of recovery strategies and the preparation and implementation of action plans;

    (b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk; and

    (c) seek and consider advice and recommendations from the National Aboriginal Council on Species at Risk.

7.1 (1) The National Aboriginal Council on Species at Risk consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister of Canadian Heritage and six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate.

(2) The role of the National Aboriginal Council on Species at Risk is to provide advice and recommendations to the Canadian Endangered Species Conservation Council.

ADMINISTRATION OF ACT

Responsibility of Minister

8. (1) The Minister is responsible for the administration of this Act, except in so far as this Act gives responsibility to another minister.

Delegation

(2) The Minister, the Minister of Canadian Heritage or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, delegate to any government in Canada, any of that minister's powers or functions under this Act, relating to its enforcement .

Agreement and reporting obligation

(3) The delegation must be the subject of an agreement between the delegating minister and the delegate and the agreement must provide that the delegate is to prepare an annual report for the delegating minister on the activities undertaken under the agreement. A copy of the agreement and of every annual report must be included in the public registry within 45 days of its completion .

Advisory committees to assist Minister

9. (1) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, establish one or more committees to advise the Minister on the administration of this Act.

Advisory committees to assist Council

(2) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, establish one or more committees to advise the Council on matters related to the Council's role.

Administrativ e agreements

10. A competent minister may, after consultation with every other competent minister, enter into an agreement with any government in Canada, organization or wildlife management board with respect to the administration of any provision of this Act for which that competent minister has responsibility, including the preparation and implementation of recovery strategies, action plans and management plans.

10.1 Within one year after the coming into force of this Act, the Minister shall establish a national stewardship action plan that creates incentives and other measures to support voluntary stewardship actions taken by any government in Canada, organization or person.

10.2 The National Stewardship Action Plan shall include, but is not limited to,

    (a) a commitment to regularly examine tax treatment and subsidies and to eliminate disincentives for actions taken by persons to protect species at risk;

    (b) a strategy for public education;

    (c) the establishment of mechanisms for sharing information both within and among various levels of governments and between the federal government and other persons;

    (d) the creation of awards and recognition programs;

    (e) methods of collecting and sharing knowledge about species at risk, including local and traditional knowledge;

    (f) the provision of information respecting methods to formalize commitments to land stewardship including land conservation easements, agreements or government programs;

    (g) a commitment to provide technical and scientific support to persons engaged in stewardship activities; and

    (h) a strategy for implementing the consultation provisions under this Act, including the provisions of subsections 48(3) and 66(3).

STEWARDSHIP

Conservation agreements - species at risk

11. (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into an agreement with any government in Canada, organization or person to provide for the conservation of a species at risk.

Contents

(2) The agreement shall provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, and may include measures with respect to

    (a) monitoring the status of the species;

    (b) developing and implementing education and public awareness programs;

    (c) developing and implementing recovery strategies, action plans and management plans;

    (d) protecting the species' habitat, including its critical habitat; or

    (e) undertaking research projects in support of recovery efforts for the species.

(3) Any agreement under subsection (1), if it involves any activity that will affect a listed wildlife species, any part of its critical habitat or the residences of its individuals, must benefit the species or be required to enhance its chance of survival in the wild.

Conservation agreements - other species

12. (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into an agreement with any government in Canada, organization or person to provide for the conservation of a wildlife species that is not a species at risk.

Contents

(2) The agreement may provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, including measures with respect to

    (a) monitoring the status of the species;

    (b) developing and implementing education and public awareness programs;

    (c) protecting the species' habitat; and

    (d) preventing the species from becoming a species at risk.

Funding agreements

13. (1) A competent minister may enter into an agreement with any government in Canada, organization or person to provide for the payment of contributions towards the costs of programs and measures for the conservation of wildlife species, including programs and measures under an agreement entered into under subsection 11(1) or 12(1).

(1.1) At least 60 days before an agreement is concluded under section 8, 10, 11 or 13, the competent minister must make the proposed text of it public by including it in the public registry, and by any other means that the competent minister considers appropriate.

(1.2) Once the agreement is signed, the competent minister must make it public by including it in the public registry.

Provisions to be included

(2) The agreement must specify

    (a) the contribution towards the cost of the program or measure that is payable by any party and the time or times at which any amounts under the agreement will be paid;

    (b) the authority or person who will be responsible for operating and maintaining the program or measure or any part of it;

    (c) the proportions of any revenue from the program or measure that is payable to the parties; and

    (d) the terms and conditions governing the operation and maintenance of the program or measure.

WILDLIFE SPECIES LISTING PROCESS

Committee on the Status of Endangered Wildlife in Canada

Establishment

14. The Committee on the Status of Endangered Wildlife in Canada is hereby established.

Functions

15. (1) The functions of COSEWIC are to

    (a) assess the status of each wildlife species considered by COSEWIC to be at risk and, as part of the assessment, identify existing and potential threats to the species and

      (i) classify the species as extinct, extirpated, endangered, threatened or of special concern,

      (ii) indicate that COSEWIC does not have sufficient information to classify the species, or

      (iii) indicate that the species is not currently at risk;

    (b) determine when wildlife species are to be assessed, with priority given to those more likely to become extinct;

    (c) conduct a new assessment of the status of species at risk and, if appropriate, reclassify or declassify them;

    (c.1) indicate in the assessment if the wildlife species migrates across an international boundary of Canada or has a range extending across such a boundary;

    (d) develop and periodically review criteria for assessing the status of wildlife species and for classifying them and recommend the criteria to the Minister and the Canadian Endangered Species Conservation Council; and

    (e) provide advice to the Minister and the Canadian Endangered Species Conservation Council and perform any other functions that the Minister, after consultation with that Council, may assign.

Best information and knowledge

(2) COSEWIC must carry out its functions on the basis of the best available information on the biological status of a species , including scientific knowledge, community knowledge and aboriginal traditional knowledge.

Treaties and land claims agreements

(3) COSEWIC must take into account any applicable provisions of treaty and land claims agreements when carrying out its functions.

Composition

16. (1) COSEWIC is to be composed of members appointed by the Minister after consultation with the Canadian Endangered Species Conservation Council and with any experts and expert bodies, such as the Royal Society of Canada, that the Minister considers to have relevant expertise.

Qualifications of members

(2) Each member must have expertise drawn from a discipline such as conservation biology, population dynamics, taxonomy, systematics or genetics or from community knowledge or aboriginal traditional knowledge of the conservation of wildlife species.

Term of appointment

(3) The members are to be appointed to hold office for renewable terms of not more than four years.

Not part of the public service of Canada

(4) The members are not, because of being a member, part of the public service of Canada.

Remuneration and expenses

(5) The members may be paid remuneration and expenses for their services in amounts that the Minister may set.

(6) Each member of COSEWIC shall exercise his or her discretion in an independent manner.

Regulations and guidelines

17. The Minister may, after consultation with the Canadian Endangered Species Conservation Council and COSEWIC , establish regulations or guidelines respecting the appointment of members and the carrying out of COSEWIC's functions.

Subcommittee s

18. (1) COSEWIC must establish subcommittees of specialists to assist in the preparation and review of status reports on wildlife species considered to be at risk, including subcommittees specializing in groups of wildlife species and a subcommittee specializing in aboriginal traditional knowledge, and it may establish other subcommittees to advise it or to exercise or perform any of its functions.

Membership

(2) Each subcommittee must be presided over by a member of COSEWIC, but the subcommittee may include persons who are not members of COSEWIC.

(3) Subject to subsection (2), the chairperson and members of the aboriginal traditional knowledge subcommittee shall be appointed by the Minister after consultation with aboriginal organizations.

Rules

19. COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including rules respecting

    (a) the selection of persons to chair its meetings; and

    (b) the meetings and activities of any of its subcommittees.

Staff and facilities

20. The Minister shall provide COSEWIC with any professional, technical, secretarial, clerical and other assistance, and any facilities and supplies, that are necessary to carry out its functions.

Status reports

21. (1) COSEWIC's assessment of the status of a wildlife species must be based on a status report on the species that COSEWIC either has had prepared or has received with an application.

Content

(2) The Minister may, after consultation with COSEWIC, the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports.

Applications

22. (1) Any person may apply to COSEWIC for an assessment of the status of a wildlife species.

Regulations

(2) 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.

Time for assessment

23. (1) COSEWIC must assess the status of a wildlife species within one year after it receives a status report on the species, and it must provide reasons for its assessment.

Notification of applicant

(2) If the assessment results from an application, COSEWIC must notify the applicant of the assessment and the reasons.

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