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Bill C-5

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	(a) a description of the species and its needs that is consistent with information provided by COSEWIC;
	(b) an identification of the threats to the survival of the species and threats to its habitat that is consistent with information provided by COSEWIC and a description of the broad strategy to be taken to address those threats;
	(c) an identification of the species' critical habitat, to the extent possible, based on the best available information, including the information provided by COSEWIC, and examples of activities that are likely to result in its destruction;
	(c.1) a schedule of studies to identify critical habitat, where available information is inadequate;
	(d) a statement of the population and distribution objectives that will assist for the survival and recovery of the species and a general description of the research and management activities needed to meet those objectives ;
	(e) any other matters that are prescribed by the regulations;
	(f) a statement about whether additional information is required about the species; and
	(g) a statement of when one or more action plans in relation to the recovery strategy will be completed.
Contents if recovery not feasible	(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 to the extent possible, and the reasons why its recovery is not feasible.
Multi-species or ecosystem approach permissible	(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.
Regulations	(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.
Proposed recovery strategy	42. (1) Subject to subsection (2), 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 or an extirpated species .
	(2) With respect to wildlife species that are set out in Schedule 1 on the day section 27 comes into force, the competent minister must include a proposed recovery strategy in the public registry within three years after that day, in the case of a wildlife species listed as an endangered species, and within four years after that day, in the case of a wildlife species listed as a threatened species.
Comments	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.
Finalization of recovery strategy	(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.
Existing plans	44. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of subsection 41(1) or (2), and the plan is adopted by the competent minister as the recovery strategy, he or she shall include it in the public registry as the recovery strategy 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 recovery strategy for the species.
Amendments	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.
	(2) [Deleted]
Amendment procedure	(3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require.
Exception	(4) Subsection (2) does not apply if the competent minister considers the amendment to be minor.
Reporting	46. The competent minister must report on the implementation of the recovery strategy, and the progress towards meeting its objectives, within five years after it is included in the public registry and, until the strategy has expired or is replaced, the species recovered or recovery is no longer feasible, in every subsequent five-year period. The report must be included in the public registry.
	Action Plan
Preparation	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.
Cooperation with other ministers and governments	48. (1) To the extent possible, an action 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 action 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, an action 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, an action plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the action plan, including the government of any other country in which the species is found.
Contents	49. (1) An action plan must include, with respect to the area to which the action plan relates,
	(a) an identification of the species' critical habitat, to the extent possible, based on the best available information and consistent with the recovery strategy, and examples of activities that are likely to result in its destruction;
	(b) the measures that are proposed to be taken to protect the species' critical habitat, including the entering into of agreements under section 11;
	(c) an identification of any portions of the species' critical habitat that have not been protected under legislation or under an agreement ;
	(d) a statement of the measures that are to be taken to implement the recovery strategy, including those that address the threats to the species and those that help to achieve the population and distribution objectives, as well as an indication as to when these measures are to take place;
	(d.1) the methods to be used to monitor the recovery of the species and its long-term viability;
	(e) an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation, and the cost of not proceeding with the action plan; and
	(f) any other matters that are prescribed by the regulations.
Regulations	(2) 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)(f) prescribing matters to be included in an action plan.
Public registry	50. (1) An action plan must be completed for an endangered species within one year after the recovery strategy is finalized and within two years from the completion of the recovery strategy for a threatened or extirpated species.
Summary if action plan not completed in time	(2) In exceptional circumstances, where an action plan cannot be completed within the time specified in subsection (1), the Minister may grant an extension of no more than six months; and where a multi-species action plan is being prepared for the species, grant an additional extension of up to one year, and the reasons for the extension must be given in the public registry.
	(3) Within 90 days after the inclusion of a proposed action plan in the public registry, the competent minister may consider the comments, if any, received in respect of the plan, make any changes to it that he or she considers appropriate and finalize the action plan by including a copy of the plan in the public registry.
Existing plans	51. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of section 49, and the plan is adopted by the competent minister as the action plan, he or she shall include it in the public registry as the action 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 an action plan for the species.
Amendments	52. (1) The competent minister may at any time amend an action plan. A copy of the amendment must be included in the public registry.
Amendment procedure	(2) Section 48 applies to amendments to an action 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	53. (1) Within 120 days after an action plan is completed, the competent minister shall , with respect to aquatic species, 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, make any regulations that are necessary in the opinion of the competent minister for the purpose of implementing the measures included in an action plan, but, if the measures relate to the protection of critical habitat on federal lands, the regulations must be made under section 59.
	(1.1) The competent minister may make whatever other regulations are necessary for the purpose of implementing measures in an action plan or amended action 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 making 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 making 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.
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 making 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.
	54. [Deleted]
Use of powers under other Acts	55. For the purpose of implementing the measures included in an action plan, the competent minister may use any powers that he or she has under any other Act of Parliament.
Monitoring and reporting	56. The competent minister must monitor the implementation of an action plan and the progress towards meeting its objectives and assess and report on its implementation and its ecological and socio-economic impacts five years after the plan comes into effect. A copy of the report must be included in the public registry.
	Protection of Critical Habitat
Codes of practice, national standards or guidelines	57. The competent minister may, after consultation with the Canadian Endangered Species Conservation Council and any person whom he or she considers appropriate, establish codes of practice, national standards or guidelines with respect to the protection of critical habitat.
Destruction of critical habitat	58. (1) No person shall destroy any part of the critical habitat of a listed endangered species, a listed threatened species or a listed extirpated species, if a recovery strategy has recommended the reintroduction of the species into the wild in Canada, that is
	(a ) on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada;
	(b) an aquatic species; or
	(c) a species of migratory birds protected by the Migratory Birds Convention Act, 1994.
Application	(2) Subsection (1) applies only to the critical habitat that is identified in an action plan.
Obligation to make recommendati on	(3) Subsection (1) does not apply to habitat that is the subject of an agreement or permit under section 11, 74 or 75, including an agreement or permit under another Act of Parliament, to the extent that it authorizes activities which adversely modify any part of the critical habitat of the species referred to in subsection (1).
Consultation	(4) If the critical habitat is on land that is not federal land, subsection (1) does not apply until 60 days after the action plan is included in the public registry, during which time the competent minister shall make reasonable efforts to contact the landowner and seek to negotiate an agreement under section 11, 74 or 75.
Consultation	(5) If the critical habitat is on a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, subsection (1) does not apply until 60 days after the action plan is included in the public registry, during which time the competent minister shall contact the band and seek to negotiate an agreement under section 11, 74 or 75, in consultation with the Minister of Indian and Northern Affairs.
Consultation	(6) If the critical habitat is 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, subsection (1) does not apply until 60 days after the action plan is included in the public registry, during which time the competent minister shall contact the Board and seek to negotiate an agreement under section 11, 74 or 75.
	(6.1) The competent minister may by order extend the 60-day time period mentioned in subsections (4), (5) and (6) by up to an additional 90 days where, in the competent minister's opinion, such an extension is necessary for purposes of negotiating an agreement under section 11, 74 or 75.
Regulations re federal lands	59. (1) After a recovery strategy is completed or after an action plan is completed that revises the critical habitat identified in the strategy, the competent minister may make regulations to protect the habitat of a listed species that is:
	(a ) on federal lands;
	(b) an aquatic species; or
	(c) a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994.
Obligation to make recommendati on	(2) Regulations made under subsection (1) do not apply to anything that meets the requirements of section 83.
Contents	(3) The regulations may include provisions requiring the doing of things that protect the critical habitat and provisions prohibiting activities that may adversely affect the critical habitat.
Consultation	(4) If the critical habitat is on land that is not federal land, the competent minister shall make reasonable efforts to contact the landowner and seek to negotiate an agreement under section 11, 74 or 75 before making a regulation under subsection (1).
Consultation	(5) If the critical habitat is on 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 shall contact the band and seek to negotiate an agreement under section 11, 74 or 75, in consultation with the Minister of Indian and Northern Affairs, before making a regulation under subsection (1).
Consultation	(6) If the critical habitat is 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 shall contact the band and seek to negotiate an agreement under section 11, 74 or 75 before making a regulation under subsection (1).
Provincial and territorial classifications	60. (1) If a wildlife species has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall destroy any part of the habitat of that species that the provincial or territorial minister has identified as essential to the survival or recovery of the species and that is on federal lands in the province or territory.

Bill C-5

Protection of Critical Habitat