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Bill C-5

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Application	(2) Subsection (1) applies only to the portions of the habitat that the Governor in Council may, on the recommendation of the competent minister, by order, specify.
Destruction of critical habitat	61. (1) No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species that is in a province or territory and that is not part of federal lands.
	(1.1) Subsection (1) does not apply in respect of an aquatic species.
Application	(2) Subsection (1) applies only to the portions of the critical habitat that the Minister, by order, specifies.
Power to make recommendati on	(3) The Minister must make the order if
	(a) a provincial minister or territorial minister has requested that the order be made;
	(b) the Canadian Endangered Species Conservation Council has recommended that the order be made; or
	(c) he or she is of the opinion that the laws of the province or territory do not effectively protect the critical habitat of the species.
	(3.1) In determining whether a territory's laws provide effective protection, the Minister shall consider
	(a) whether there is a prohibition equivalent to the one in section 32 or 33, as applicable;
	(b) whether criteria at least as stringent as those in subsection 74(3) are used in granting exemptions;
	(c) whether there is effective application and enforcement of the laws of the territory; and
	(d) whether information about the application and enforcement of the territory's laws, including the granting of exemptions, is made public.
	(3.2) The Minister shall provide reasons for his or her determination in the public registry.
Obligation to make recommendati on	(4) The Minister must make a recommendation if he or she is of the opinion, after consultation with the appropriate provincial or territorial minister, that
	(a) there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11; and
	(b) the laws of the province or territory do not protect the particular portion of the critical habitat.
Expiry and renewal of order	(5) An order made under subsection (2) expires five years after the day on which it is made or renewed, unless the Governor in Council, by order, renews it.
Recommendat ion to repeal order	(6) If the Minister is of the opinion that an order made under subsection (2) is no longer necessary to protect the portion of the critical habitat to which the order relates or that the province or territory has brought into force laws that protect the portion, the Minister must recommend that the order be repealed .
Acquisition of lands	62. A competent minister may enter into an agreement with any government in Canada, organization or person to acquire any lands or interests in land for the purpose of protecting the critical habitat of any species at risk .
Progress reports on unprotected portions of critical habitat	63. If in the opinion of the Minister any portion of the critical habitat of a listed wildlife species remains unprotected 180 days after the recovery strategy or action plan that identified the critical habitat was included in the public registry, the Minister must include in that registry a report on the steps taken to protect the critical habitat. The Minister must continue to report with respect to every subsequent period of 180 days until the portion is protected or is no longer identified as critical habitat.
Compensation	64. (1) The Minister may, in accordance with the regulations, provide fair and reasonable compensation to any person for losses suffered as a result of any extraordinary impact of the application of
	(a) section 58, 60 or 61; or
	(b) an emergency order in respect of habitat identified in the emergency order that is necessary for the survival or recovery of a wildlife species.
Regulations	(2) The Governor in Council shall make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of subsection (1), including regulations prescribing
	(a) the procedures to be followed in claiming compensation;
	(b) the methods to be used in determining the eligibility of a person for compensation, the amount of loss suffered by a person and the amount of compensation in respect of any loss; and
	(c) the terms and conditions for the provision of compensation.
	Management of Species of Special Concern
Preparation of management plan	65. (1) Subject to subsection (2), 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.
	(2) With respect to wildlife species that are set out in Schedule 1 as a species of special concern on the day section 27 comes into force, the competent minister must include a management plan in the public registry within five years after that day.
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, lessees 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. (1) When a management plan is completed, a copy of the management plan must be included in the public registry.
	(2) Within 90 days after the inclusion of a management plan in the public registry, the competent minister must 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 management plan by including a revised copy of the plan 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, the competent minister shall, after consultation with persons listed in section 66 , 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, insofar as that existing plan meets the requirements as outlined in section 66.
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.
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.
	*72. [Deleted]*
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 , until the plan has expired, has been replaced or the species status has improved and every five years thereafter, and must include a report of this assessment in that registry.
	Agreements and Permits
Powers of competent minister	74. (1) An agreement, permit, licence, order or other form of approval under subsection (1.1) or section 75 is required in order for a person to engage in an activity adversely affecting any part of the critical habitat of a listed endangered, threatened or extirpated wildlife species, as identified in an action plan, if the species is:
	(a) on federal lands;
	(b) an aquatic species; or
	(c) a migratory bird species protected by the Migratory Birds Convention Act, 1994.
	(1.1) 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 adversely affecting a 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.
	(2.1) No agreement under subsection (1) that affects fee simple land or the management and use of land or resources subject to resource management or use agreement with any government in Canada may be entered into without the consent of the parties to the agreement.
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, based on ecological, scientific, technical and socio-economic considerations;
	(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.
	(3.1) If an agreement is entered into or a permit is issued, the competent minister must include in the public registry an explanation of why it was entered into or issued, taking into account the matters referred to in paragraphs (3)(a), (b) and (c).
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 revoke or amend an agreement or a permit 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. In entering into, issuing or making an agreement, permit, licence, order or other form of approval under another Act of Parliament 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, a federal minister shall:
	(a) before it is entered into, issued or made, ensure that the requirements of subsections 74(2) to (6) and (9) are met; and
	(b) after it is entered into, issued or made, comply with the requirements of subsections 74(7) and (8), in which case the agreement, permit, licence, order or other form of approval has the same effect as an agreement or permit under subsection 74(1.1).
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 revoke or amend 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.

Bill C-5

Management of Species of Special Concern

Agreements and Permits