GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Species at Risk Act — S-15.3
stewardship activities contributing to the conservation of wildlife species and their habitat should be supported to prevent species from becoming at risk,
Species at Risk Act — S-15.3
community knowledge and interests, including socio-economic interests, should be considered in developing and implementing recovery measures,
Species at Risk Act — S-15.3
the traditional knowledge of the aboriginal peoples of Canada should be considered in the assessment of which species may be at risk and in developing and implementing recovery measures,
Species at Risk Act — S-15.3
knowledge of wildlife species and ecosystems is critical to their conservation,
Species at Risk Act — S-15.3
the habitat of species at risk is key to their conservation, and
Species at Risk Act — S-15.3
Canada’s protected areas, especially national parks, are vital to the protection and recovery of species at risk,
Species at Risk Act — S-15.3
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Species at Risk Act — S-15.3 1
Short title 1 This Act may be cited as the Species at Risk Act .
Species at Risk Act — S-15.3
action plan means an action plan included in the public registry under subsection 50(3) and includes any amendment to it included in the public registry under section 52. ( plan d’action )
Species at Risk Act — S-15.3
alternative measures means measures, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence. ( mesures de rechange )
Species at Risk Act — S-15.3
aquatic species means a wildlife species that is a fish, as defined in section 2 of the Fisheries Act , or a marine plant, as defined in section 47 of that Act. ( espèce aquatique )
Species at Risk Act — S-15.3
Attorney General means the Attorney General of Canada or, for the purposes of sections 108 to 113, an agent of the Attorney General of Canada. ( procureur général )
Species at Risk Act — S-15.3
Canadian Endangered Species Conservation Council means the Council referred to in subsection 7(1). ( Conseil canadien pour la conservation des espèces en péril )
Species at Risk Act — S-15.3 (a)
competent minister means (a) the Minister responsible for the Parks Canada Agency with respect to individuals in or on federal lands administered by that Agency; (b) the Minister of Fisheries and Oceans with respect to aquatic species, other than individuals mentioned in paragraph (a); and (c) the Minister of the Environment with respect to all other individuals. ( ministre compétent )
Species at Risk Act — S-15.3
conveyance means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods. ( moyen de transport )
Species at Risk Act — S-15.3
COSEWIC means the Committee on the Status of Endangered Wildlife in Canada established by section 14. ( COSEPAC )
Species at Risk Act — S-15.3
critical habitat means the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species. ( habitat essentiel )
Species at Risk Act — S-15.3
emergency order means an order made under section 80. ( décret d’urgence )
Species at Risk Act — S-15.3
endangered species means a wildlife species that is facing imminent extirpation or extinction. ( espèce en voie de disparition )
Species at Risk Act — S-15.3
extirpated species means a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild. ( espèce disparue du pays )
Species at Risk Act — S-15.3 (a)
federal land means (a) land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land; (b) the internal waters of Canada and the territorial sea of Canada; and (c) reserves and any other lands that are set apart for the use and benefit of a band under the Indian Act , and all waters on and airspace above those reserves and lands. ( territoire domanial )
Species at Risk Act — S-15.3 (a)
habitat means (a) in respect of aquatic species, spawning grounds and nursery, rearing, food supply, migration and any other areas on which aquatic species depend directly or indirectly in order to carry out their life processes, or areas where aquatic species formerly occurred and have the potential to be reintroduced; and (b) in respect of other wildlife species, the area or type of site where an individual or wildlife species naturally occurs or depends on directly or indirectly in order to carry out its life processes or formerly occurred and has the potential to be reintroduced. ( habitat )
Species at Risk Act — S-15.3
individual means an individual of a wildlife species, whether living or dead, at any developmental stage and includes larvae, embryos, eggs, sperm, seeds, pollen, spores and asexual propagules. ( individu )
Species at Risk Act — S-15.3
land claims agreement means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 . ( accord sur des revendications territoriales )
Species at Risk Act — S-15.3
List means the List of Wildlife Species at Risk set out in Schedule 1. ( liste )
Species at Risk Act — S-15.3
listed means listed on the List. ( inscrite )
Species at Risk Act — S-15.3
Minister means the Minister of the Environment. ( ministre )
Species at Risk Act — S-15.3
offence means an offence under this Act. ( infraction )
Species at Risk Act — S-15.3
provincial minister means any minister of the government of a province who is responsible for the conservation and management of a wildlife species in that province. ( ministre provincial )
Species at Risk Act — S-15.3
public registry means the registry established under section 120. ( registre )
Species at Risk Act — S-15.3
recovery strategy means a recovery strategy included in the public registry under subsection 43(2), and includes any amendment to it included in the public registry under section 45. ( programme de rétablissement )
Species at Risk Act — S-15.3
residence means a dwelling-place, such as a den, nest or other similar area or place, that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating. ( résidence )
Species at Risk Act — S-15.3
sell includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease. ( vente )
Species at Risk Act — S-15.3
species at risk means an extirpated, endangered or threatened species or a species of special concern. ( espèce en péril )
Species at Risk Act — S-15.3
species of special concern means a wildlife species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats. ( espèce préoccupante )
Species at Risk Act — S-15.3
status report means a report, prepared in accordance with the requirements of regulations made under subsection 21(2), that contains a summary of the best available information on the status of a wildlife species, including scientific knowledge, community knowledge and aboriginal traditional knowledge. ( rapport de situation )
Species at Risk Act — S-15.3
territorial minister means any minister of the government of a territory who is responsible for the conservation and management of a wildlife species in that territory. ( ministre territorial )
Species at Risk Act — S-15.3
threatened species means a wildlife species that is likely to become an endangered species if nothing is done to reverse the factors leading to its extirpation or extinction. ( espèce menacée )
Species at Risk Act — S-15.3
treaty means a treaty within the meaning of section 35 of the Constitution Act, 1982 . ( traité )
Species at Risk Act — S-15.3
wildlife management board means any board or other body established under a land claims agreement that is authorized by the agreement to perform functions in respect of wildlife species. ( conseil de gestion des ressources fauniques )
Species at Risk Act — S-15.3 (a)
wildlife species means a species, subspecies, variety or geographically or genetically distinct population of animal, plant or other organism, other than a bacterium or virus, that is wild by nature and (a) is native to Canada; or (b) has extended its range into Canada without human intervention and has been present in Canada for at least 50 years. ( espèce sauvage )
Species at Risk Act — S-15.3 4
Sedentary living organisms 4 (1) This Act also applies to sedentary living organisms on or under the continental shelf of Canada outside the exclusive economic zone. Meaning of sedentary (2) For the purpose of subsection (1), a living organism is sedentary if it is, at the harvestable stage, either immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.
Species at Risk Act — S-15.3 5
Binding on Her Majesty 5 This Act is binding on Her Majesty in right of Canada or a province.
Species at Risk Act — S-15.3 6
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.
Species at Risk Act — S-15.3 7
Composition 7 (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister responsible for the Parks Canada Agency 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 (a) provide general direction on the activities of COSEWIC, the preparation of recovery strategies and the preparation and implementation of action plans; and (b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk. 2002, c. 29, s. 7; 2005, c. 2, s. 15
Species at Risk Act — S-15.3 8
Responsibility 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 responsible for the Parks Canada Agency 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. 2002, c. 29, s. 8; 2005, c. 2, s. 16
Species at Risk Act — S-15.3 8.1
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 (a) advise the Minister on the administration of this Act; and (b) provide advice and recommendations to the Canadian Endangered Species Conservation Council.
Species at Risk Act — S-15.3 9
Advisory committees to assist Minister 9 (1) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency 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 responsible for the Parks Canada Agency, 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. 2002, c. 29, s. 9; 2005, c. 2, s. 17
Species at Risk Act — S-15.3 10
Administrative 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.
Species at Risk Act — S-15.3 10.1
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.
Species at Risk Act — S-15.3 10.2
Contents 10.2 The stewardship action plan must include, but is not limited to, commitments to (a) regularly examine incentives and programs that support actions taken by persons to protect species at risk; (b) provide information and increase public awareness about species at risk; (c) methods for sharing information about species at risk, including community and aboriginal traditional knowledge, that respect, preserve and maintain knowledge and promote their wider application with the approval of the holders of such knowledge, with other governments and persons; (d) create awards and recognition programs; (e) provide information respecting programs related to stewardship agreements, land conservation easements and other such agreements; and (f) provide information relating to the technical and scientific support available to persons engaged in stewardship activities.
Species at Risk Act — S-15.3 11
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 (a) monitoring the status of the species; (b) developing and implementing education and public awareness programs; (c) developing and implementing recovery strategies, action plans and management plans; (d) protecting the species’ habitat, including its critical habitat; or (e) undertaking research projects in support of recovery efforts for the species.
Species at Risk Act — S-15.3 12
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 (a) monitoring the status of the species; (b) developing and implementing education and public awareness programs; (c) protecting the species’ habitat; and (d) preventing the species from becoming a species at risk.
Species at Risk Act — S-15.3 13
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 (a) the contribution towards the cost of the program or measure that is payable by any party and the time or times at which any amounts under the agreement will be paid; (b) the authority or person who will be responsible for operating and maintaining the program or measure or any part of it; (c) the proportions of any revenue from the program or measure that is payable to the parties; and (d) the terms and conditions governing the operation and maintenance of the program or measure.
Species at Risk Act — S-15.3 14
Establishment 14 The Committee on the Status of Endangered Wildlife in Canada is hereby established.
Species at Risk Act — S-15.3 15
Functions 15 (1) The functions of COSEWIC are to (a) assess the status of each wildlife species considered by COSEWIC to be at risk and, as part of the assessment, identify existing and potential threats to the species and (i) classify the species as extinct, extirpated, endangered, threatened or of special concern, (ii) indicate that COSEWIC does not have sufficient information to classify the species, or (iii) indicate that the species is not currently at risk; (b) determine when wildlife species are to be assessed, with priority given to those more likely to become extinct; (c) conduct a new assessment of the status of species at risk and, if appropriate, reclassify or declassify them; (c.1) indicate in the assessment whether the wildlife species migrates across Canada’s boundary or has a range extending across Canada’s boundary; (d) develop and periodically review criteria for assessing the status of wildlife species and for classifying them and recommend the criteria to the Minister and the Canadian Endangered Species Conservation Council; and (e) provide advice to the Minister and the Canadian Endangered Species Conservation Council and perform any other functions that the Minister, after consultation with that Council, may assign. 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.
Species at Risk Act — S-15.3 16
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. Qualifications 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. Remuneration 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.
Species at Risk Act — S-15.3 17
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.
Species at Risk Act — S-15.3 18
Subcommittees 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.
Species at Risk Act — S-15.3 19
Rules 19 COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including rules respecting (a) the selection of persons to chair its meetings; and (b) the meetings and activities of any of its subcommittees.
Species at Risk Act — S-15.3 20
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.
Species at Risk Act — S-15.3 21
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 responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports. 2002, c. 29, s. 21; 2005, c. 2, s. 18
Species at Risk Act — S-15.3 22
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 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. 2002, c. 29, s. 22; 2005, c. 2, s. 19
Species at Risk Act — S-15.3 23
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.
Species at Risk Act — S-15.3 24
Review of classifications 24 COSEWIC must review the classification of each species at risk at least once every 10 years, or at any time if it has reason to believe that the status of the species has changed significantly.