Bill C-65

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	HER MAJESTY
Binding on Her Majesty	4. (1) This Act is binding on Her Majesty in right of Canada or a province, but it applies to Crown corporations, as defined in subsection 83(1) of the Financial Administration Act, only in respect of
	(a) wildlife species and their habitats mentioned in paragraphs 3(a) or (b) or in section 33; and
	(b) other wildlife species and their habitats to the extent provided in the regulations.
Regulations	(2) The Governor in Council, on the recommendation of the Minister, may make regulations providing for the application of this Act to Crown corporations in respect of wildlife species and their habitats mentioned in paragraph (1)(c).
	PURPOSES
Prevention and recovery	5. The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct and to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity.
	ADMINISTRATION
Responsibi- lity for administra- tion	6. (1) The Minister is responsible for the administration of this Act, except in so far as this Act gives responsibility to another responsible minister.
Delegation	(2) A responsible minister may authorize any person or governmental body to exercise or perform any of that minister's powers or functions under this Act relating to its enforcement. Any such delegation must be the subject of an agreement that shall provide that
	(a) an annual report must be prepared on the enforcement activities under the agreement; and
	(b) the federal government retains the residual authority to enforce the Act.
Agreements with provincial governments	7. (1) A responsible minister may
	(a) with the approval of the Governor in Council, enter into an agreement with one or more provincial governments with respect to the administration of any provision of this Act for which that minister has responsibility, including the preparation and implementation of recovery plans; and
	(b) agree to amendments of the agreement, subject to any terms and conditions that the Governor in Council may specify in the approval.
Conservation agreements	(2) A responsible minister may enter into an agreement for the conservation of a species at risk, including the protection of their habitats, and the agreement may provide for educational awareness . The agreement may be with one or more governments of provinces or countries, or organizations or persons. If there is another responsible minister with respect to the species, the agreement may only be made with the concurrence of that minister.
Pre- publication	7.1 (1) At least 60 days before an agreement is concluded under section 6 or 7, the responsible minister must make the proposed text of it public by including it in the public registry and by any other means that the responsible minister considers appropriate.
Publication and report	(2) Once the agreement is concluded, the responsible minister must make it public by including it in the public registry.
Funding agreements	8. (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province, a municipal authority or organization or any other person to provide for the payment of contributions to the costs of programs and measures for the conservation of wildlife species, including programs and measures under an agreement authorized by subsection 7(2) .
Provisions to be included	(2) The agreement must
	(a) specify the contribution to 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) specify the authority that will be responsible for undertaking, operating and maintaining the program or measure or any part of it;
	(c) specify the proportions of any revenue from the program or measure that is payable to the parties; and
	(d) specify the terms and conditions governing the operation and maintenance of the program or measure.
	PUBLIC ACCESS
Public registry	9. The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act.
Form and manner of public registry	10. The Minister may determine the form of the public registry, how it is to be kept and how access to it is to be provided.
Protection from proceedings	11. Despite any other Act of Parliament, no civil or criminal proceedings may be brought against any of the following persons 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:
	(a) Her Majesty in right of Canada; and
	(b) the Minister or any person acting on behalf of or under the direction of the Minister.
	CANADIAN ENDANGERED SPECIES CONSERVATION COUNCIL
Establish- ment	12. (1) The Canadian Endangered Species Conservation Council is established, to be composed of the responsible ministers and any provincial ministers who agree to attend the meetings of the Council.
Co-chair- persons	(2) The Council is to be chaired jointly by the Minister and a provincial minister chosen by a majority of the provincial ministers who are members of the Council.
Responsibi- lities	(3) The Council is responsible for
	(a) providing general direction on the activities of COSEWIC and on the development and implementation of recovery plans; and
	(b) coordinating the activities of the various levels of government relating to the protection of wildlife species at risk.
	WILDLIFE SPECIES LISTING PROCESS
	Committee on the Status of Endangered Wildlife in Canada
Establish- ment	13. (1) The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) is established to carry out its functions under this Act solely on the basis of the best available information on the biological status of species at risk.
Composition	(2) COSEWIC is to be composed of not more than nine members appointed by the Minister after consulting the Council. The Minister may also consult the Royal Society of Canada and other expert bodies, including those possessing traditional or community knowledge, that, in the opinion of the Minister, have relevant expertise.
Functions	(3) In addition to designating species at risk, COSEWIC has the following functions:
	(a) developing and periodically reviewing scientific criteria for assessing the status of wildlife species and for classifying them and recommending the criteria to the Minister;
	(b) ranking the urgency of assessing the status of particular wildlife species and classifying them; and
	(c) providing advice to the Minister and any other functions that the Minister, in consultation with the Council, may assign.
Administra- tive support	(4) COSEWIC may receive administrative support from the Minister to carry out its functions.
Qualifica- tions of members	14. (1) The members of COSEWIC must have expertise drawn from a discipline such as conservation biology, population dynamics, taxonomy, systematics, genetics or from traditional or community knowledge of the protection of species at risk.
Represen- tative nature	(2) In appointing the members, the Minister must consider the importance of maintaining a membership that is broadly representative of all regions of Canada. However, the Minister's primary consideration in appointing new members must be their expertise relating to the conservation of species at risk.
Restrictions on appointments to COSEWIC	(2.1) Notwithstanding subsection (2), the members are not to be appointed by the Minister as representatives of particular regions and the Minister must ensure that no more than one half of the members appointed are employees of the federal or a provincial government.
For greater certainty	(2.2) For greater certainty, an employee of a university or college is not an ``employee'' for the purposes of subsection (2.1).
Term of appointment	(3) The members are to be appointed to hold office during pleasure for a renewable term of not more than three years.
Not part of the public service of Canada	(4) Appointment as a member of COSEWIC is not an appointment to the public service of Canada.
Exercise of discretion to be independent	(4.1) Every member of COSEWIC must exercise his or her discretion independently.
Remuneration and expenses	(5) The members are to be paid remuneration and expenses in amounts that the Minister may set.
Meetings	15. COSEWIC must meet at least once every six months.
Subcommit- tees	16. COSEWIC must establish specialist subcommittees to assist in the preparation and review of status reports on wildlife species considered to be at risk, and may establish other subcommittees to advise it or to exercise or perform any of its powers or functions. If a species is found on lands governed by aboriginal land claims legislation, subcommittees must, to the greatest extent possible, endeavour to incorporate traditional knowledge into their work.
Rules	17. COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including
	(a) the selection of persons to chair its meetings; and
	(b) the meetings and activities of its subcommittees.
	Designation of Species at Risk
Designation	18. (1) COSEWIC must designate wildlife species that it considers to be at risk and classify them as
	(a) extinct;
	(b) extirpated;
	(c) endangered;
	(d) threatened; or
	(e) vulnerable.
Cross- boundary species	(2) If the wildlife species migrates across an international boundary of Canada or has a range extending across such a boundary, the designation must so indicate.
Applications	19. (1) Any person may apply to COSEWIC for the designation or reclassification of a wildlife species or the revocation of its designation.
Information to be included	(2) The application must include relevant information about the biological status of the species and, if possible, a status report.
Examination of applications	(3) Within 90 days after receiving the application, COSEWIC must examine it and inform the applicant in writing of what it has decided to do about the application and the reasons for its decision.
Status reports	20. (1) Each decision of COSEWIC about the designation or classification 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.
Form and content of status reports	(2) The Minister may, on the recommendation of COSEWIC, make regulations establishing the form and content of the status reports, but the reports must indicate whether the wildlife species concerned migrates across an international boundary of Canada or has a range extending across such a boundary and must
	(a) include an assessment of the past and present distribution and population of the species;
	(b) identify the habitat that is important or critical to the species; and
	(c) identify existing and potential threats to the species and its critical habitat and evaluate how serious they are.
Decision with reasons	21. (1) COSEWIC must make a decision about the designation or classification of a wildlife species within one year after it receives a status report on the species and the decision must be supported by reasons.
Notification of applicant	(2) If the decision results from an application, COSEWIC must notify the applicant of the decision and the reasons.
Decision not to designate	(3) COSEWIC must include the wildlife species on a list, to be called the ``List of Non-designated Species'', if it decides that the species should not be designated, either because it is not at risk or because there is not enough information to determine whether it is at risk.
Public registry	(4) The List of Non-designated Species must be included in the public registry.