Bill C-5
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
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
|
|
|
|
|
|
|
|
|
ADMINISTRATION OF ACT |
|
Responsibi- lity 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 minister of the
Crown in right of Canada or of a province or
to any person who is employed by the
Government of Canada, the government of a
province or any other 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 must be included in
the public registry within 45 days after it is
entered into, and a copy of every annual report
must be included in the public registry within
45 days after it is received by the delegating
minister.
|
|
National
Aboriginal
Council on
Species at
Risk
|
8.1 The Minister shall establish a Council,
to be known as the National Aboriginal
Council on Species at Risk, consisting of six
representatives of the aboriginal peoples of
Canada selected by the Minister based upon
recommendations from aboriginal
organizations that the Minister considers
appropriate. The role of the Council is to
|
|
|
|
|
|
|
|
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.
|
|
Administra- tive 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.
|
|
|
STEWARDSHIP ACTION PLAN |
|
Stewardship
action plan
|
10.1 The Minister, after consultation with
the Canadian Endangered Species
Conservation Council, may establish a
stewardship action plan that creates incentives
and other measures to support voluntary
stewardship actions taken by any government
in Canada, organization or person. A copy of
the stewardship action plan must be included
in the public registry.
|
|
Contents
|
10.2 The stewardship action plan must
include, but is not limited to, commitments to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 a conservation agreement
with any government in Canada, organization
or person to benefit a species at risk or enhance
its survival in the wild.
|
|
Contents
|
(2) The agreement must 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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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).
|
|
Provisions to
be included
|
(2) The agreement must specify
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
WILDLIFE SPECIES LISTING PROCESS |
|
|
Committee on the Status of Endangered Wildlife in Canada |
|
Establish- ment
|
14. The Committee on the Status of
Endangered Wildlife in Canada is hereby
established.
|
|
Functions
|
15. (1) The functions of COSEWIC are to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
Qualifica- tions 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.
|
|
Remunera- tion and expenses
|
(5) The members may be paid remuneration
and expenses for their services in amounts that
the Minister may set.
|
|
Discretion
|
(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.
|
|
Subcommit- tees
|
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.
|
|
Aboriginal
traditional
knowledge
subcommittee
|
(3) Subject to subsection (2), the
chairperson and members of the aboriginal
traditional knowledge subcommittee must be
appointed by the Minister after consultation
with any aboriginal organization he or she
considers appropriate.
|
|
Rules
|
19. COSEWIC may make rules respecting
the holding of meetings and the general
conduct of its activities, including rules
respecting
|
|
|
|
|
|
|
|
Staff and
facilities
|
20. The Minister must provide COSEWIC
with any professional, technical, secretarial,
clerical and other assistance, and any facilities
and supplies, that, in his or her opinion, 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.
|
|