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Bill C-5

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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), (6) and (9) 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).
Interpretation	(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 action 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 recommendati on	(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.
Equivalent measures	81. Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species.
Recommendat ion to repeal	82. If the competent minister is of the opinion that the species to which the emergency order relates would no longer face imminent threats to its survival or recovery even if the order were repealed, he or she must make a recommendation to the Governor in Council that the emergency order be repealed.
	Exceptions
General exceptions	83. (1) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1), regulations made under section 53, 59 or 71 and emergency orders do not apply to a person who is engaging in
	(a) activities related to public safety, health or national security, that are authorized by or under any other Act of Parliament or activities under the Health of Animals Act and the Plant Protection Act for the health of animals and plants; or
	(b) activities authorized under section 74, 75 or 78 by an agreement, permit, licence, order or similar document.
Authorization of activities under other Acts	(2) A power under an Act described in paragraph (1)(a) may be used to authorize an activity prohibited by subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1), a regulation made under section 53, 59 or 71 or an emergency order only if the person exercising the power
	(a) determines that the activity is necessary for the protection of public safety, health, including animal and plant health, or national security; and
	(b) respects the purposes of this Act to the greatest extent possible.
Exceptions - land claims agreements	(3) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1) and regulations made under section 53, 59 or 71 do not apply to a person who is engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement.
Exemptions for permitted activities	(4) Subsections 32(1) and (2), section 33 and subsections 36(1), 58(1), 60(1) and 61(1) do not apply to a person who is engaging in activities that are permitted by a recovery strategy, an action plan or a management plan and who is also authorized under an Act of Parliament to engage in that activity, including a regulation made under section 53, 59 or 71.
Additional possession exceptions	(5) Subsection 32(2) and paragraph 36(1)(b) do not apply to a person who possesses an individual of a listed extirpated, endangered or threatened species, or any part or derivative of such an individual, if
	(a) it was in the person's possession when the species was listed;
	(b) it is used for ceremonial or medicinal purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an aboriginal person;
	(c) the person acquired it legally in another country and imported it legally into Canada;
	(d) the person acquired it by succession from someone who was entitled to possess it under this Act;
	(e) the person acquired it under circumstances that would afford them a defence under section 100 and the person possesses it only for as long as is necessary to donate it to a museum, a zoo, an educational institution, a scientific society or a government;
	(f) the person is, or is acting on behalf of, a museum, zoo, educational institution, scientific society or government and the person acquired it from someone who was entitled to possess it under this Act; or
	(g) it or the person is otherwise exempt by the regulations.
Regulations	84. 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 83(5)(g).
	ENFORCEMENT MEASURES
	Enforcement Officers
Enforcement officers	85. (1) A competent minister may designate any person or person of a class of persons to act as enforcement officers for the purposes of this Act.
Designation of provincial or territorial government employees	(2) The competent minister may not designate any person or person of a class of persons employed by the government of a province or a territory unless that government agrees.
Certificate of designation	(3) An enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the competent minister and, on entering any place under this Act, the officer must, if so requested, show the certificate to the occupant or person in charge of the place.
Powers	(4) For the purposes of this Act, enforcement officers have all the powers of a peace officer, but the competent minister may specify limits on those powers when designating any person or person of a class of persons to act as enforcement officers.
Exemptions for law enforcement activities	(5) For the purpose of investigations and other law enforcement activities under this Act, a competent minister may, on any terms and conditions that he or she considers necessary, exempt from the application of any provision of this Act, the regulations or an emergency order enforcement officers whom the competent minister has designated and who are carrying out duties or functions under this Act and persons acting under the direction and control of such enforcement officers.
	Inspections
Inspections	86. (1) For the purpose of ensuring compliance with any provision of this Act, the regulations or an emergency order, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the enforcement officer believes, on reasonable grounds, there is any thing to which the provision applies or any document relating to its administration, and the enforcement officer may
	(a) open or cause to be opened any container that the enforcement officer believes, on reasonable grounds, contains that thing or document;
	(b) inspect the thing and take samples free of charge;
	(c) require any person to produce the document for inspection or copying, in whole or in part; and
	(d) seize any thing by means of or in relation to which the enforcement officer believes, on reasonable grounds, the provision has been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention.

Conveyance	(2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out.
Dwelling-plac e	(3) The enforcement officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.
Authority to issue warrant for inspection of dwelling-plac e	(4) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a dwelling-place, if the justice is satisfied by information on oath that
	(a) the conditions for entry described in subsection (1) exist in relation to the dwelling-place;
	(b) entry to the dwelling-place is necessary for the purposes of the administration of this Act, the regulations or an emergency order; and
	(c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused.
Authority to issue warrant for inspection of non-dwellings	(5) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a place other than a dwelling-place, if the justice is satisfied by information on oath that
	(a) the conditions for entry described in subsection (1) exist in relation to that place;
	(b) entry to that place is necessary for the purposes of the administration of this Act, the regulations or an emergency order;
	(c) entry to that place has been refused, the enforcement officer is not able to enter without the use of force or the place was abandoned; and
	(d) subject to subsection (6), all reasonable attempts were made to notify the owner, operator or person in charge of the place.
Waiving notice	(6) The justice may waive the requirement to give notice referred to in subsection (5) if the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice.
Use of force	(7) In executing a warrant issued under subsection (4) or (5), an enforcement officer may not use force unless the use of force has been specifically authorized in the warrant.
Operation of computer system and copying equipment	(8) In carrying out an inspection of a place under this section, an enforcement officer may
	(a) use or cause to be used any computer system at the place to examine any data contained in or available to the computer system;
	(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output;
	(c) take a printout or other output for examination or copying; and
	(d) use or cause to be used any copying equipment at the place to make copies of the record.
Duty of person in possession or control	(9) Every person who is in possession or control of a place being inspected under this section must permit the enforcement officer to do anything referred to in subsection (8).

Bill C-5

Project Review

Emergency Orders

Exceptions

ENFORCEMENT MEASURES

Enforcement Officers

Inspections