Bill C-65

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	Emergency Designations and Reclassifications
Emergency designation or reclassifi- cation	22. COSEWIC may, on an emergency basis, designate or reclassify a wildlife species as threatened or endangered before receiving a status report if it has information indicating that there is an imminent threat to the survival of the species.
Application for emergency designation or reclassifi- cation	23. (1) Any person may apply to COSEWIC for an emergency designation or reclassification of a wildlife species as threatened or endangered. The application must include relevant information indicating that there is an imminent threat to the survival of the species.
Examination of application	(2) Within 30 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.
Decision and reasons	24. If COSEWIC decides to designate or reclassify the wildlife species, it must give reasons for its decision and identify the imminent threat to the survival of the species. If loss of habitat is an imminent threat, COSEWIC must also identify the habitat that is critical to the survival of the species.
Status report and final decision	25. Within 18 months after making an emergency designation or reclassification, COSEWIC must have a status report on the species prepared and make a final decision on whether it should be designated or reclassified.
	Publication
Documents in public registry	26. The following documents must be included in the public registry:
	(a) COSEWIC's criteria for the designation and classification of wildlife species;
	(b) the status reports on wildlife species; and
	(c) COSEWIC's decisions about the designation and classification of wildlife species and the reasons for the decisions.
Restriction	26.1 The Minister, on the advice of COSEWIC, may restrict the release of any information in a status report required to be included in the public registry if that information relates to the location of a species or its habitat and restricting its release would be in the best interests of the species.
	Reviews and Reports
Review of designations and classifications	27. COSEWIC must review the designation and classification of each species at risk at least once every 10 years, or more frequently if it has reason to believe that the status of the species has changed significantly.
Reports to Council	28. When COSEWIC makes a decision about the designation or classification of a wildlife species, COSEWIC must report the decision to the members of the Council.
Annual reports	29. As soon as possible after the end of each year, COSEWIC must report to the Council on its activities during that year.
	List of Wildlife Species at Risk
Regulations	30. (1) The Governor in Council, on the recommendation of the Minister, may make regulations establishing and amending the List of Wildlife Species at Risk based on COSEWIC's designations and classifications of wildlife species.
Notice of response to designation, etc.	(2) Within 90 days after COSEWIC designates a wildlife species, changes its classification or revokes a designation, the Governor in Council must give notice in the public registry of whether the Governor in Council intends to amend the List accordingly.
Listing at request of provincial minister	(3) The Governor in Council, on the recommendation of the Minister, may also include a wildlife species on the List if a provincial minister designates it as a species at risk, asks that it be listed and agrees to participate in the preparation of a recovery plan for the species.
Public registry	(4) The List must be included in the public registry.
	MEASURES TO PROTECT LISTED SPECIES
	Prohibitions
Killing, harming, etc., listed species	31. (1) No person shall kill, harm, harass, capture or take an individual of a listed extirpated , endangered or threatened species, or attempt to do so .
Possession, collection, etc.	(2) No person shall possess, collect, buy, sell or trade an individual of a listed extirpated , endangered or threatened species, or any part or derivative of one.
Damage or destruction of residence	32. No person shall damage or destroy the residence of a listed extirpated, endangered or threatened species, or the residence of an individual of the species .
Cross- boundary species	33. (1) No person shall
	(a) knowingly kill, harm, harass, capture or take an individual of a listed extirpated, endangered or threatened wildlife animal species, other than one mentioned in paragraph 3(a) or (b), if the species is designated or listed as a species that migrates across an international boundary of Canada or has a range extending across such a boundary; or
	(b) knowingly engage in activities that damage or destroy the residence of the individual.
Declaration of equivalent provision	(2) Subject to subsections (3) to (5), if the Minister and a provincial minister agree in writing that an equivalent provision is in force by or under the laws of the province, the Governor in Council may, on the recommendation of the Minister, make an order declaring that subsection (1) does not apply in that province in relation to species protected by the equivalent provision.
Publication of agreements	(3) Before entering into the agreement, the Minister must make a draft of the agreement public by including it in the public registry.
Comments	(4) Any person may file comments with the Minister within 60 days after the publication of the draft agreement.
Publication by Minister of results	(5) After the end of the period of 60 days, the Minister must include in the public registry a report that summarizes how any comments were dealt with.
Termination of agreement and repeal of order	(6) The agreement may be terminated by either party giving to the other at least six months notice of termination, in which case the Governor in Council, on the recommendation of the Minister, must repeal the order.
Public registry	(7) Orders under this section must be included in the public registry.
Report to Parliament	(8) The Minister shall include in the annual report required by section 101 a report on the administration and enforcement of subsections (2) to (7).
	Emergency Orders
Order based on emergency designation or classification	34. (1) The responsible minister must make an emergency order providing for the protection of a wildlife species within 60 days after COSEWIC designates or reclassifies the species as endangered or threatened on an emergency basis. The order may include provisions regulating or prohibiting activities that may adversely affect the species or the residences of its individuals.
Order based on designation or classification	(1.1) The responsible minister must make an emergency order providing for the protection of a wildlife species that COSEWIC has designated or reclassified as endangered or threatened if, prior to the implementation of a recovery plan, COSEWIC determines that the species faces imminent threats to its survival that are not addressed by the application of section 31, 32 or 33. The order must include provisions regulating or prohibiting activities that may adversely affect the species or its habitat and shall remain in effect until a recovery plan for the species has been implemented or the responsible minister determines that adequate measures have been implemented to remove any imminent threats to the species or its habitat.
Order based on inadequate recovery plan, etc.	(2) The responsible minister may make an emergency order providing for the protection of a wildlife species if the responsible minister determines that the recovery plan for the species no longer adequately protects it or that immediate action is required to protect the species. The order may include provisions regulating or prohibiting activities that may adversely affect the species or the residences of its individuals.
Notification of Minister	(3) If the responsible minister is the Minister of Canadian Heritage or the Minister of Fisheries and Oceans, he or she must
	(a) notify the Minister of any decision (including the reasons) not to make an order under subsection (1) in response to an emergency designation or reclassification; and
	(b) notify the Minister before making an order under subsection (2).
Provisions for the protection of habitat	(4) An emergency order must include provisions regulating or prohibiting activities that may adversely affect the critical habitat of the species if the responsible minister, based on the advice of COSEWIC, determines that there is an imminent threat to that habitat.
Repeal of subsection (1) orders	(5) The responsible minister must repeal an emergency order made under subsection (1) when
	(a) the responsible minister determines that adequate measures have been implemented in response to the emergency designation or reclassification;
	(b) COSEWIC determines that an emergency designation or reclassification of the wildlife species is no longer required; or
	(c) COSEWIC makes a final decision about the designation or reclassification of the species under section 25 and the List of Wildlife Species at Risk is amended to reflect that decision.
Repeal of subsection (2) orders	(6) The responsible minister must repeal an emergency order made under subsection (2) when a revised recovery plan that, in the responsible minister's opinion, adequately protects the species has been developed and implemented or when he or she determines that, under the circumstances, the order is no longer needed.


Non-appli- cation of the Statutory Instruments Act	35. Sections 3, 5 and 11 of the Statutory Instruments Act do not apply to emergency orders, but each order must be included in the public registry and published in the Canada Gazette within 23 days after it is made.
Equivalent measures	35.1 A responsible minister is not required to make an emergency order if he or she is of the opinion that equivalent measures have been taken to protect the wildlife species under another Act of Parliament.
	Application of Prohibitions
General exceptions	36. (1) Sections 31 to 33, regulations under section 42 and emergency orders do not apply to persons who are engaging in
	(a) activities authorized by or under any other Act of Parliament for the protection of national security, safety or health, including animal and plant health;
	(b) activities in accordance with regulatory or conservation measures for wildlife species under an aboriginal treaty, land claims agreement, self-government agreement or co-management agreement that deals with wildlife species; or
	(c) activities authorized under section 46 or 47 by an agreement, permit, licence, order or similar document.
Authoriza- tion of activities under other Acts	(2) A power under an Act described in paragraph (1)(a) may be used to authorize an activity prohibited by or under section 31, 32, 33, 34 or 42 only if the person exercising the power
	(a) determines that the activity is necessary for the protection of national security, safety or health, including animal and plant health; and
	(b) respects the purposes of this Act to the greatest extent possible.
Exemptions for activities under recovery plans	(3) Sections 31 to 33 do not apply to persons who are engaging in activities authorized by a recovery plan and a regulation under section 42 .
Possession exception	(4) The prohibition against possession in subsection 31(2) does not prevent a person from possessing an individual of a listed endangered or threatened species, or any part or derivative of one, if
	(a) it was in their possession when the species was listed;
	(b) they acquired it legally in another country and imported it legally into Canada;
	(c) they acquired it by succession from someone who was entitled to possess it under this subsection;
	(d) they acquired it under circumstances that would afford them a defence under section 80 and they possess it only for as long as is necessary to donate it to a museum, zoo, educational institution, scientific society or government; or
	(e) they are, or are acting on behalf of, a museum, zoo, educational institution, scientific society or government and they acquired it from someone who was entitled to possess it under this subsection.
Species listed at the request of a provincial minister	37. If a wildlife species is listed at the request of a provincial minister under subsection 30(3), then sections 31 and 32 and emergency orders apply in respect of that species and its habitat only in so far as individuals of that species and its habitat are found on federal land in the province of that minister.