GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Species at Risk Act — S-15.3 25
Copies to Minister and Council 25 (1) When COSEWIC completes an assessment of the status of a wildlife species, it must provide the Minister and the Canadian Endangered Species Conservation Council with a copy of the assessment and the reasons for it. A copy of the assessment and the reasons must also be included in the public registry. COSEWIC list (2) COSEWIC must annually prepare a complete list of every wildlife species it has assessed since the coming into force of this section and a copy of that list must be included in the public registry. Report on response (3) On receiving a copy of an assessment of the status of a wildlife species from COSEWIC under subsection (1), the Minister must, within 90 days, include in the public registry a report on how the Minister intends to respond to the assessment and, to the extent possible, provide time lines for action.
Species at Risk Act — S-15.3 26
Annual reports 26 COSEWIC must annually provide a report on its activities to the Canadian Endangered Species Conservation Council and a copy of that report must be included in the public registry.
Species at Risk Act — S-15.3 27
Power to amend List 27 (1) The Governor in Council may, on the recommendation of the Minister, by order amend the List in accordance with subsections (1.1) and (1.2) by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species, and the Minister may, by order, amend the List in a similar fashion in accordance with subsection (3). Decision in respect of assessment (1.1) Subject to subsection (3), the Governor in Council, within nine months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister, (a) accept the assessment and add the species to the List; (b) decide not to add the species to the List; or (c) refer the matter back to COSEWIC for further information or consideration. Statement of reasons (1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b) or (c), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons. Pre-conditions for recommendation (2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must (a) take into account the assessment of COSEWIC in respect of the species; (b) consult the competent minister or ministers; and (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 a wildlife species, consult the wildlife management board. Amendment of List by Minister (3) Where the Governor in Council has not taken a course of action under subsection (1.1) within nine months after receiving an assessment of the status of a species by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC’s assessment.
Species at Risk Act — S-15.3 28
Applications for assessment of imminent threat 28 (1) Any person who considers that there is an imminent threat to the survival of a wildlife species may apply to COSEWIC for an assessment of the threat for the purpose of having the species listed on an emergency basis under subsection 29(1) as an endangered species. Information to be included in application (2) The application must include relevant information indicating that there is an imminent threat to the survival of the species. Regulations (3) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, 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. Notice (4) COSEWIC must provide the applicant, the Minister and the Canadian Endangered Species Conservation Council with a copy of its assessment. A copy of the assessment must be included in the public registry. 2002, c. 29, s. 28; 2005, c. 2, s. 20
Species at Risk Act — S-15.3 29
Emergency listing 29 (1) If the Minister is of the opinion that there is an imminent threat to the survival of a wildlife species, the Minister must, on an emergency basis, after consultation with every other competent minister, make a recommendation to the Governor in Council that the List be amended to list the species as an endangered species. Formation of opinion (2) The Minister may arrive at that opinion on the basis of his or her own information or on the basis of COSEWIC’s assessment. Exemption (3) If a recommendation is made under subsection (1), subsection 27(2) does not apply to any order that is made under subsection 27(1) on the basis of that recommendation, and the order is exempt from the application of section 3 of the Statutory Instruments Act .
Species at Risk Act — S-15.3 30
Review 30 (1) As soon as possible after an order is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the order, COSEWIC must, in a report in writing to the Minister, (a) confirm the classification of the species; (b) recommend to the Minister that the species be reclassified; or (c) recommend to the Minister that the species be removed from the List. Copy of report (2) Within 30 days after the report is received by the Minister, a copy of the report must be included in the public registry.
Species at Risk Act — S-15.3 31
Recommendation to amend List 31 If COSEWIC makes a recommendation under paragraph 30(1)(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List.
Species at Risk Act — S-15.3 32
Killing, harming, etc., listed wildlife species 32 (1) No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species. Possession, collection, etc. (2) No person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual. Deeming (3) For the purposes of subsection (2), any animal, plant or thing that is represented to be an individual, or a part or derivative of an individual, of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species is deemed, in the absence of evidence to the contrary, to be such an individual or a part or derivative of such an individual.
Species at Risk Act — S-15.3 33
Damage or destruction of residence 33 No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species, or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada.
Species at Risk Act — S-15.3 34
Application — certain species in provinces 34 (1) With respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 , sections 32 and 33 do not apply in lands in a province that are not federal lands unless an order is made under subsection (2) to provide that they apply. Order (2) The Governor in Council may, on the recommendation of the Minister, by order, provide that sections 32 and 33, or either of them, apply in lands in a province that are not federal lands with respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 . Obligation to make recommendation (3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the province do not effectively protect the species or the residences of its individuals. Consultation (4) Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult (a) the appropriate provincial minister; and (b) 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.
Species at Risk Act — S-15.3 35
Application — certain species in territories 35 (1) Sections 32 and 33 apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply. Exception (2) Subsection (1) 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 ; or (b) on land under the authority of the Minister or the Parks Canada Agency. Obligation to make recommendation (3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the territory do not effectively protect the species or the residences of its individuals. Pre-conditions for recommendation (4) Before recommending that an order be made under subsection (1), the Minister must (a) consult the appropriate territorial minister; and (b) 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, consult the wildlife management board.
Species at Risk Act — S-15.3 36
Prohibitions re provincial and territorial classifications 36 (1) If a wildlife species that is not listed has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall (a) kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory; (b) possess, collect, buy, sell or trade an individual of that species that is on federal lands in the province or territory, or any part or derivative of such an individual; or (c) damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory. Application (2) Subsection (1) applies only in respect of the portions of the federal lands that the Governor in Council may, on the recommendation of the competent minister, by order, specify.
Species at Risk Act — S-15.3 37
Preparation — endangered or threatened species 37 (1) If a wildlife species is listed as an extirpated species, an endangered species or a threatened species, the competent minister must prepare a strategy for its recovery. More than one competent minister (2) If there is more than one competent minister with respect to the wildlife species, they must prepare the strategy together and every reference to competent minister in sections 38 to 46 is to be read as a reference to the competent ministers.
Species at Risk Act — S-15.3 38
Commitments to be considered 38 In preparing a recovery strategy, action plan or management plan, the competent minister must consider the commitment of the Government of Canada to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to the listed wildlife species, cost-effective measures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty.
Species at Risk Act — S-15.3 39
Cooperation with others 39 (1) To the extent possible, the recovery strategy must be prepared in cooperation with (a) the appropriate provincial and territorial minister for 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 recovery strategy; 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 recovery strategy 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 recovery strategy must be prepared in consultation with any landowners and other persons whom the competent minister considers to be directly affected by the strategy, including the government of any other country in which the species is found.
Species at Risk Act — S-15.3 40
Determination of feasibility 40 In preparing the recovery strategy, the competent minister must determine whether the recovery of the listed wildlife species is technically and biologically feasible. The determination must be based on the best available information, including information provided by COSEWIC.
Species at Risk Act — S-15.3 41
Contents if recovery feasible 41 (1) If the competent minister determines that the recovery of the listed wildlife species is feasible, the recovery strategy must address the threats to the survival of the species identified by COSEWIC, including any loss of habitat, and must include (a) a description of the species and its needs that is consistent with information provided by COSEWIC; (b) an identification of the threats to the survival of the species and threats to its habitat that is consistent with information provided by COSEWIC and a description of the broad strategy to be taken to address those threats; (c) an identification of the species’ critical habitat, to the extent possible, based on the best available information, including the information provided by COSEWIC, and examples of activities that are likely to result in its destruction; (c.1) a schedule of studies to identify critical habitat, where available information is inadequate; (d) a statement of the population and distribution objectives that will assist the recovery and survival of the species, and a general description of the research and management activities needed to meet those objectives; (e) any other matters that are prescribed by the regulations; (f) a statement about whether additional information is required about the species; and (g) a statement of when one or more action plans in relation to the recovery strategy will be completed. Contents if recovery not feasible (2) If the competent minister determines that the recovery of the listed wildlife species is not feasible, the recovery strategy must include a description of the species and its needs, an identification of the species’ critical habitat to the extent possible, and the reasons why its recovery is not feasible. Multi-species or ecosystem approach permissible (3) The competent minister may adopt a multi-species or an ecosystem approach when preparing the recovery strategy if he or she considers it appropriate to do so. Regulations (4) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(e) prescribing matters to be included in a recovery strategy. 2002, c. 29, s. 41; 2005, c. 2, s. 21
Species at Risk Act — S-15.3 42
Proposed recovery strategy 42 (1) Subject to subsection (2), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species. First listed wildlife species (2) With respect to wildlife species that are set out in Schedule 1 on the day section 27 comes into force, the competent minister must include a proposed recovery strategy in the public registry within three years after that day, in the case of a wildlife species listed as an endangered species, and within four years after that day, in the case of a wildlife species listed as a threatened species or an extirpated species.
Species at Risk Act — S-15.3 43
Comments 43 (1) Within 60 days after the proposed recovery strategy is included in the public registry, any person may file written comments with the competent minister. Finalization of recovery strategy (2) Within 30 days after the expiry of the period referred to in subsection (1), the competent minister must consider any comments received, make any changes to the proposed recovery strategy that he or she considers appropriate and finalize the recovery strategy by including a copy of it in the public registry.
Species at Risk Act — S-15.3 44
Existing plans 44 (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of subsection 41(1) or (2), and the plan is adopted by the competent minister as the proposed recovery strategy, he or she must include it in the public registry as the proposed recovery strategy 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 proposed recovery strategy for the species.
Species at Risk Act — S-15.3 45
Amendments 45 (1) The competent minister may at any time amend the recovery strategy. A copy of the amendment must be included in the public registry. Amendments relating to time for completing action plan (2) If the amendment relates to the time for completing an action plan, the competent minister must provide reasons for the amendment and include a copy of the reasons in the public registry. Amendment procedure (3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require. Exception (4) Subsection (3) does not apply if the competent minister considers the amendment to be minor.
Species at Risk Act — S-15.3 46
Reporting 46 The competent minister must report on the implementation of the recovery strategy, and the progress towards meeting its objectives, within five years after it is included in the public registry and in every subsequent five-year period, until its objectives have been achieved or the species’ recovery is no longer feasible. The report must be included in the public registry.
Species at Risk Act — S-15.3 47
Preparation 47 The competent minister in respect of a recovery strategy must prepare one or more action plans based on the recovery strategy. If there is more than one competent minister with respect to the recovery strategy, they may prepare the action plan or plans together.
Species at Risk Act — S-15.3 48
Cooperation with other ministers and governments 48 (1) To the extent possible, an action 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 action 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, an action 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, an action 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 action plan, including the government of any other country in which the species is found.
Species at Risk Act — S-15.3 49
Contents 49 (1) An action plan must include, with respect to the area to which the action plan relates, (a) an identification of the species’ critical habitat, to the extent possible, based on the best available information and consistent with the recovery strategy, and examples of activities that are likely to result in its destruction; (b) a statement of the measures that are proposed to be taken to protect the species’ critical habitat, including the entering into of agreements under section 11; (c) an identification of any portions of the species’ critical habitat that have not been protected; (d) a statement of the measures that are to be taken to implement the recovery strategy, including those that address the threats to the species and those that help to achieve the population and distribution objectives, as well as an indication as to when these measures are to take place; (d.1) the methods to be used to monitor the recovery of the species and its long-term viability; (e) an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation; and (f) any other matters that are prescribed by the regulations. Regulations (2) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(f) prescribing matters to be included in an action plan. 2002, c. 29, s. 49; 2005, c. 2, s. 22
Species at Risk Act — S-15.3 50
Proposed action plan 50 (1) The competent minister must include a proposed action plan in the public registry. Comments (2) Within 60 days after the proposed action plan is included in the public registry, any person may file written comments with the competent minister. Finalization of action plan (3) Within 30 days after the expiry of the period referred to in subsection (2), the competent minister must consider any comments received, make any changes to the proposed action plan that he or she considers appropriate and finalize the action plan by including a copy of it in the public registry. Summary if action plan not completed in time (4) If an action plan is not finalized in the time set out in the recovery strategy, the competent minister must include in the public registry a summary of what has been prepared with respect to the plan.
Species at Risk Act — S-15.3 51
Existing plans 51 (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of section 49, and the plan is adopted by the competent minister as a proposed action plan, he or she must include it in the public registry as a proposed action 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 proposed action plan for the species.
Species at Risk Act — S-15.3 52
Amendments 52 (1) The competent minister may at any time amend an action plan. A copy of the amendment must be included in the public registry. Amendment procedure (2) Section 48 applies to amendments to an action 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.