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Bill C-5

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PUBLIC REGISTRY

Public registry

120. The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act.

Regulations

121. 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 respecting the form of the public registry, the keeping of the public registry and access to it.

Protection from proceedings

122. Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister of Canadian Heritage, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure.

Documents to be in public registry

123. The public registry shall contain every document required to be included in the public registry by this Act and the following documents, or a copy of the following documents:

    (a) regulations and orders made under this Act;

    (b) agreements entered into under section 10;

    (c) COSEWIC's criteria for the classification of wildlife species;

    (d) status reports on wildlife species that COSEWIC has had prepared or has received with an application;

    (e) the List of Wildlife Species at Risk;

    (f) codes of practice, national standards or guidelines established under this Act;

    (g) agreements and reports filed under section 111 or subsection 113(2) or notices that those agreements or reports have been filed in court and are available to the public; and

    (h) every report made under sections 126 and 128.

Restriction

124. The Minister, on the advice of COSEWIC, may restrict the release of any information required to be included in the public registry if that information relates to the location of a wildlife species or its habitat and restricting its release would be in the best interests of the species.

FEES AND CHARGES

Regulations

125. (1) The Governor in Council may, on the recommendation of the Minister and the President of the Treasury Board, after the Minister has consulted the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations

    (a) prescribing the fees and charges, or the manner of determining them, that may be charged for agreements or permits under section 73, for amendments to or for the renewal of such agreements or permits, for copies of documents in the public registry and for the inclusion of a document in the public registry;

    (b) exempting any person or class of persons from the requirement to pay any of those fees or charges; and

    (c) generally, in respect of any condition or any other matter in relation to the payment of those fees or charges.

Recovery of fees

(2) A fee or charge required by the regulations to be paid constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

REPORTS AND REVIEW OF ACT

Annual report to Parliament

126. The Minister must annually prepare a report on the administration of this Act during the preceding calendar year and must have a copy of the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report. The report must include a summary addressing the following matters:

    (a) COSEWIC's assessments and the Minister's response to each of them;

    (b) the preparation and implementation of recovery strategies, action plans and management plans;

    (c) all agreements made under sections 10 to 13;

    (d) all agreements entered into and permits issued under section 73 and all agreements and permits amended under section 75 or exempted under section 76;

    (e) enforcement and compliance actions taken, including the response to any requests for investigation;

    (f) regulations and emergency orders made under this Act; and

    (g) any other matters that the Minister considers relevant.

Convening round table

127. (1) The Minister must, at least once every two years, convene a round table of persons interested in matters respecting the protection of wildlife species at risk in Canada to advise the Minister on those matters.

Recommendat ions to be in public registry

(2) Any written recommendations from the round table must be included in the public registry.

Response of Minister

(3) The Minister must respond to any written recommendations from the round table within 180 days after receiving them and a copy of the Minister's response must be included in the public registry.

Reports on status of wildlife species

128. Five years after this section comes into force and at the end of each subsequent period of five years, the Minister must prepare a general report on the status of wildlife species. The Minister must have the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report.

Parliamentary review of Act

129. Five years after this section comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.

ASSESSMENT OF WILDLIFE SPECIES MENTIONED IN THE SCHEDULES

Assessment of status

130. (1) COSEWIC must assess the status of each wildlife species set out in Schedule 2 or 3, and, as part of the assessment, identify existing and potential threats to the species and

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

    (b) indicate that COSEWIC does not have sufficient information to classify the species; or

    (c) indicate that the species is not currently at risk.

Time for assessment - Schedule 2

(2) In the case of a species set out in Schedule 2, the assessment must be completed within 30 days after section 14 comes into force.

Deemed classification

(3) If an assessment of a wildlife species set out in Schedule 2 is not completed within the required time or, if there has been an extension, within the extended time, COSEWIC is deemed to have classified the species as indicated in Schedule 2.

Time for assessment - Schedule 3

(4) In the case of a species set out in Schedule 3, the assessment must be completed within one year after the competent minister requests the assessment. If there is more than one competent minister with respect to the species, they must make the request jointly.

Extension

(5) The Governor in Council may, on the recommendation of the Minister after consultation with the competent minister or ministers, by order, extend the time provided for the assessment of any species set out in Schedule 2 or 3. The Minister must include a statement in the public registry setting out the reasons for the extension.

Provisions apply

(6) Subsections 15(2) and (3) and 21(1) and section 25 apply with respect to assessments under subsection (1).

Recent reports

(7) In making its assessment of a wildlife species, COSEWIC may take into account and rely on any report on the species that was prepared in the two-year period before this Act receives royal assent.

Section 27 applies

131. Section 27 applies in respect of a wildlife species referred to in section 130 that COSEWIC classifies as extinct, extirpated, endangered, threatened or of special concern or that is deemed to have been so classified.

Time for recovery strategy

132. If a wildlife species is added to the List by the Governor in Council as the result of an assessment under section 130, the recovery strategy for the species must be prepared within three years after the listing in the case of an endangered species, and within four years in the case of a threatened species.

Time for management plan

133. If a wildlife species is added to the List by the Governor in Council as a species of special concern as the result of an assessment under section 130, the management plan for the species must be prepared within five years after the listing.

RELATED AMENDMENTS

R.S., c. W-9; 1994, c. 23, s. 2(F)

Canada Wildlife Act

134. Section 4 of the Canada Wildlife Act is amended by adding the following after subsection (2):

Powers in relation to lands administered by other ministers

(3) If public lands under the administration of a minister of the Crown other than the Minister are, in the opinion of the Minister and the other minister, required for wildlife research, conservation or interpretation, the Governor in Council may, on the recommendation of both ministers, by order, authorize the Minister to exercise, with the concurrence of the other minister, the powers referred to in subsection (2) in relation to those lands or any portion of them specified in the order.

135. The Act is amended by adding the following after section 4.1:

Delegation by Minister

4.2 (1) The Minister may delegate to any minister of the Crown in right of Canada any power conferred on the Minister under this Act. The other minister may then exercise the power subject to any terms and conditions that the Minister specifies.

Sub-delegatio n

(2) The other minister may delegate any power delegated under subsection (1) to any person employed in any department for which that other minister is responsible.

1991, c. 50, s. 48(1)

136. (1) Paragraph 12(a) of the Act is replaced by the following:

    (a) prohibiting entry, generally or for any specified period or purpose, of any person on lands under the administration of the Minister, or on public lands referred to in an order made under subsection 4(3), or on any part of those lands;

1994, c. 23, s. 14(3)

(2) Paragraphs 12(i) and (j) of the Act are replaced by the following:

    (i) prescribing measures for the conservation of wildlife

      (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law,

      (ii) on public lands referred to in an order made under subsection 4(3), or

      (iii) in any protected marine areas established pursuant to subsection 4.1(1); and

    (j) respecting the establishment of facilities or the construction, maintenance and operation of works for wildlife research, conservation and interpretation

      (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law,

      (ii) on public lands referred to in an order made under subsection 4(3), or

      (iii) in any protected marine areas established pursuant to subsection 4.1(1).

1992, c. 37

Canadian Environmental Assessment Act

137. The definition ``environmental effect'' in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following:

``environment al effect''
« effets environnemen taux »

``environmental effect'' means, in respect of a project,

      (a) any change that the project may cause in the environment, including any change it may cause to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act,

      (b) any effect of any change referred to in paragraph (a) on

        (i) health and socio-economic conditions,

        (ii) physical and cultural heritage,

        (iii) the current use of lands and resources for traditional purposes by aboriginal persons, or

        (iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, or

      (c) any change to the project that may be caused by the environment,

    whether any such change or effect occurs within or outside Canada;

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