Bill C-232
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2nd Session, 37th Parliament, 51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-232 |
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An Act respecting the creation of sanctuaries
for endangered species of wildlife
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| Preamble
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Whereas Canada's endangered wildlife are
a part of our national heritage and it is
essential and for the benefit of all of Canada
to take all possible steps to assist them to
recover;
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Whereas some of our endangered species
are rare, endangered or extirpated in other
parts of the world which makes their
protection in Canada even more essential;
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Whereas, in most cases, preservation of
suitable habitat is the most important element
for the recovery of an endangered species;
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And Whereas it is the opinion of
Parliament that in many cases suitable habitat
may be secured for protection by agreement
and voluntary action by the owner of the land,
in appropriate cases supported by monetary
compensation or the grant of land or an
interest in land as compensation, but that it
may be necessary to expropriate land in
extreme cases and such action should be
provided for;
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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| Short title
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1. This Act may be cited as the Endangered
Species Sanctuaries Act.
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``COSEWIC'' « COSEPAC »
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``COSEWIC'' means the Committee on the
Status of Endangered Wildlife in Canada.
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| ``endangered species'' « espèce en voie de disparition »
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``endangered species'' means a species listed
in the Schedule that has been prescribed to
be an endangered species by order of the
Governor in Council on the
recommendation of the Minister following
a report by COSEWIC, that had a stable
population in the past but whose population
has now dropped to a level from which it
may not recover.
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| ``habitat'' « habitat »
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``habitat'' means the natural territory that has
the characteristics that will enable a species
to maintain its population or to recover.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of the
Environment.
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| ``recover'' « rétablisseme nt »
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``recover'' means return from a level of
population at which the species is
endangered or threatened to a level of
population at which the species is neither
endangered nor threatened.
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| ``sanctuary'' « refuge »
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``sanctuary'' means land that is habitat for an
endangered species that is set aside,
pursuant to this Act, to allow the species to
recover and be protected from activity that
will interfere with the recovery.
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| ``species'' « espèce »
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``species'' means any species of animals or
plants.
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| Endangered
species
recommended
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3. (1) Where the Minister has received a
report from COSEWIC that states that, on the
basis of scientific evidence and opinion,
COSEWIC has concluded that a species
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the Minister shall recommend to the Governor
in Council that the species be designated as an
endangered species.
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| Recommendat
ion - remova
l
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(2) Where the Minister has received a report
from COSEWIC that states that, on the basis
of scientific evidence and opinion, COSEWIC
has concluded that a species previously
designated as an endangered species is no
longer an endangered species, the Minister
shall recommended to the Governor in
Council that the designation be removed.
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| Designation
by Governor
in Council
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4. (1) The Governor in Council may,
pursuant to a recommendation by the Minister
under subsection 3(1), order that a species be
designated as an endangered species and
included in the Schedule.
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| Deletion
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(2) The Governor in Council may, pursuant
to a recommendation by the Minister under
subsection 3(2), order that a species
previously designated as an endangered
species have that designation removed and be
deleted from the Schedule.
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| Habitat on
federal land
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5. Where COSEWIC has made a report to
the Minister that a sanctuary is necessary for
the protection and recovery of an endangered
species and that land specified by COSEWIC
would be suitable habitat for the endangered
species and the land is federal land, the
Minister may in consultation with the minister
of the Crown who is responsible for the
administration of the land, establish a
sanctuary on the land for the purpose of
affording the species sufficient habitat in
Canada to recover.
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| Habitat on
provincial
Crown land
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6. (1) Where COSEWIC has made a report
to the Minister that a sanctuary is necessary for
the protection and recovery of an endangered
species and that land specified by COSEWIC
would be suitable habitat for the endangered
species and the lands is provincial Crown
land, the Minister may make an agreement
with the province holding title to the land, to
establish a sanctuary on the land for the
purpose of affording the species sufficient
habitat in Canada to recover.
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| Expropriation
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(2) In a case where the Minister is not able
to reach an agreement for the purposes of
subsection (1), the Governor in Council may,
on the recommendation of the Minister,
declare the establishment of a sanctuary on the
land in question to be essential for the
endangered species to recover and to be a
work for the general benefit of Canada and
order that the land or an interest in the land be
expropriated or a restrictive covenant placed
on the land for the purpose of establishing a
sanctuary.
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| Habitat on
private land
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7. (1) Where COSEWIC has made a report
to the Minister that a sanctuary is necessary for
the protection and recovery of an endangered
species and that land specified by COSEWIC
would be suitable habitat for the endangered
species and the land is private land, the
Minister shall make an agreement with the
owner of the land, to establish a sanctuary on
the land for the purpose of affording the
species sufficient habitat in Canada to recover.
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| Expropriation
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(2) In a case where the Minister is not able
to reach an agreement for the purposes of
subsection (1), the Governor in Council may,
on the recommendation of the Minister,
declare the establishment of a sanctuary on the
land in question to be essential for the
recovery of the endangered species and order
that the land or an interest in the land be
expropriated or a restrictive covenant placed
on the land for the purpose of establishing a
sanctuary.
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| Compensation
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8. Where land is expropriated or a
restrictive covenant placed on land under
subsection 6(2) or 7(2), the Governor in
Council may, by order, authorize a payment or
a transfer of federal land or an interest in
federal lands to the province or the owner of
the land as the Minister recommends is
appropriate compensation on the basis of fair
market value.
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| Agreement
for sanctuary
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9. An agreement for the establishment of a
sanctuary under this Act may include the
transfer of the land or of an interest in the land
by gift, or the placing of a restrictive covenant
on the land.
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| Charitable
donation
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10. Where an owner of land agrees to donate
land or an interest in land or agrees to have a
restrictive covenant placed on the land to
enable a sanctuary to be established pursuant
to an agreement under section 7, the Minister
of Finance, on the recommendation of the
Minister, may deem the transfer or
arrangement to be an ecological gift for the
purposes of subsection 118.1(1) of the Income
Tax Act.
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| Minimum
interest taken
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11. Where it is necessary to expropriate land
or an interest in land under this Act, the
expropriation shall be the minimum necessary
for the establishment of a sanctuary.
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| Continuing
use of land
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12. In establishing a sanctuary under
section 5, 6, or 7, the Minister may provide for
the continuation of previous uses of or
interests in the land or the establishment of
new uses of or interests in the land if such uses
or interests are not likely to interfere with the
recovery of the endangered species.
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| Recognition
of owner
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13. In establishing a sanctuary under this
Act, the Minister may provide for the public
recognition of the owner or previous owner of
the land.
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| Sponsorship
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14. In establishing a sanctuary under this
Act, the Minister may make an agreement for
the sponsorship of the sanctuary, by the
provision of funding or granting of land, by
any person.
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| Harming
potential
habitat:
offence
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15. (1) Every person who harms any land
that is a sanctuary or anything on it, harms or
destroy any species on it, or introduces any
species onto it for the purpose of making the
land less effective as a sanctuary, is guilty of
an offence.
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| Penalty
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(2) A person who is guilty of an offence
under subsection (1) is liable
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| R.S., c. 1 (5th
Supp.)
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INCOME TAX ACT |
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16. The portion of the definition ``total
ecological gifts'' in subsection 118.1(1) of
the Income Tax Act that precedes
paragraph (a) is replaced by the following:
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| ``total
ecological
gifts'' « total des dons de biens écosensibles »
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``total ecological gifts'' of an individual for a
taxation year means the total of all amounts
each of which is the fair market value of a
gift (other than a gift the fair market value
of which is included in the total cultural
gifts of the individual for the year) of land,
including a servitude for the use and benefit
of a dominant land, a covenant or an
easement, that is certified by the Minister of
the Environment, or a person designated by
that Minister, to be ecologically sensitive
land, the conservation and protection of
which is, in the opinion of that Minister, or
that person, important to the preservation of
Canada's environmental heritage, or that is
deemed by the Minister of Finance,
pursuant to section 10 of the Endangered
Species Sanctuary Act to be an ecological
gift, which gift was made by the individual
in the year or in any of the five immediately
preceding taxation years to
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