Bill C-65

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	Recovery and Management Plans
Preparation of recovery plans	38. (1) The responsible minister must prepare a recovery plan that describes the measures to be taken to protect each wildlife species that is listed as endangered, threatened or extirpated as a result of human activity and, if possible, provide for its recovery. If there is more than one responsible minister with respect to the species, they must prepare the recovery plan together.
Cooperation with other ministers and governments	(2) To the extent possible, the recovery plan must be prepared in cooperation with
	(a) the provincial minister of each province in which the wildlife species is found;
	(b) any minister of the Government of Canada who has authority over federal land or other areas on which the species is found; (c) any wildlife management board that is established under aboriginal land claims legislation if the wildlife species is found on land that is governed by the legislation; and
	(d) the government of any other country in which the species is found.
Aboriginal land claims agreement	(2.1) If the wildlife species is found on land that is subject to an aboriginal land claims agreement, the recovery plan must be prepared in accordance with any applicable provisions of the agreement.
Time limit	(3) The recovery plan must be completed within one year after listing, if the wildlife species is listed as endangered, and within two years after listing, if it is listed as threatened or extirpated.
Determi- nation of feasibility	(4) The responsible minister, based on the advice of COSEWIC, must determine whether the recovery of the wildlife species is technically and biologically possible and must give notice in the public registry of the determination and the reasons for it.
Contents of recovery plan if recovery feasible	(5) If the recovery of the wildlife species is technically and biologically possible , the recovery plan must address the threats to the survival of the species identified by COSEWIC, including loss of habitat, and must include
	(a) a description of the species and its needs, including an identification of its critical habitat, that is consistent with and builds upon the information provided by COSEWIC ;
	(b) an identification of the threats to the survival of the species that is consistent with and builds upon the information provided by COSEWIC ;
	(c) population and distribution objectives that will provide for the recovery of the species and a detailed description of the research and management activities needed to meet the objectives;
	(d) an evaluation of the costs and benefits of each research and management activity and the likelihood of its success;
	(e) a description of any broader ecosystem management and multi-species approaches that are feasible;
	(f) methods to be used to monitor the recovery of the species and its long-term viability;
	(g) a description of the measures needed to reduce or eliminate the threats to the survival of the species, including regulations prohibiting activities that will adversely affect the species or its critical habitat;
	(h) recommendations on agreements that may be negotiated under section 7 or 8 to promote cooperative efforts for the protection and recovery of the species and its habitat;
	(i) a mechanism for reviewing and evaluating the effectiveness of the plan; and
	(j) any other information or measures that the responsible minister considers appropriate.
Principles to be considered	(6) In determining the content of the recovery plan, the responsible 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 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.
Contents of recovery plan if recovery not feasible	(7) If the recovery of the wildlife species is not technically or biologically possible , the recovery plan must include measures limited to the prohibition of activities that directly affect individuals of the species or their residences.
Consultation on recovery plans	39. The recovery plan must be prepared in consultation with any persons who the responsible minister considers are directly affected by, or interested in, the plan.
Publication of recovery plans	40. (1) Within 30 days after the recovery plan is completed,
	(a) it must be included in the public registry; and
	(b) the responsible minister must publish a summary of the recovery plan in the Canada Gazette and invite interested persons to comment within 30 days on the plan and its implementation.
Implemen- tation report	(2) Within 120 days after the summary is published in the Canada Gazette, the responsible minister must prepare and publish in the public registry a report on how, and within what time-frames, the Government of Canada intends to implement the measures contained in the plan.
National recovery planning agreement	41. (1) The Minister, in cooperation with the other responsible ministers, may enter into an agreement with the provincial ministers to establish a framework for national recovery planning, including the incorporation, with the approval of the Governor in Council, of a not-for-profit corporation under the Canada Corporations Act.
Authority to procure incorpora- tion, etc.	(2) A responsible minister may procure the incorporation of the not-for-profit corporation or be a member of the corporation.
Regulations	42. (1) Within 120 days after a recovery plan is completed or amended, a responsible minister shall make regulations for the purpose of implementing regulatory measures included in the recovery plan that he or she has prepared, including regulations prohibiting activities that adversely affect a species' critical habitat .
Incorporation by reference	(2) The regulations may incorporate by reference any legislation of a province, as amended from time to time, in so far as the regulations apply in that province. They may also incorporate by reference other documents as amended from time to time.
Use of powers under other Acts	43. For the purpose of implementing the recovery plan, the responsible minister may use any powers that he or she has under any other Act of Parliament.
Monitoring implementa- tion of recovery plans	44. A responsible minister must monitor the implementation of each recovery plan that he or she has prepared and must assess and report on its implementation within five years after the plan is included in the public registry and in each subsequent five-year period. The reports must be included in the public registry.
Mandatory amendment of recovery plan	44.1 The responsible minister must amend a recovery plan if he or she determines that the plan is no longer adequate to protect the species or provide for its recovery.
Management plans for vulnerable species	45. (1) Within three years after a wildlife species is listed as vulnerable, the responsible minister must prepare a management plan for the species and its critical habitat. The plan may apply with respect to more than one wildlife species and must include any measures for the conservation of the species that the responsible minister considers appropriate. The management plan must be prepared in cooperation with any wildlife management board that is established under aboriginal land claims legislation and is affected by the plan.
Management plans subject to aboriginal land claims agreement	(1.1) If the wildlife species is found on land that is subject to an aboriginal land claims agreement, the management plan must be prepared in accordance with any applicable provisions of the agreement.
Publication of management plans	(2) Once the management plan is completed, it must be included in the public registry.
Monitoring implementa- tion of management plans	(3) The responsible minister must monitor the implementation of the management plan and must fully assess its implementation five years after the plan comes into effect.
Other sections of Act applicable to management plans	(4) Subsections 38(2) and (6) and sections 39, 42, 43, 44 and 44.1 apply to the development and implementation of management plans with such modifications as the circumstances require.
	Agreements and Permits
Powers of responsible minister	46. (1) The responsible minister may make an agreement with a person, or issue a permit to a person, authorizing them to engage in an activity affecting
	(a) a listed species, its residences or any other part of its critical habitat; or
	(b) a wildlife species to which section 33 applies or its residences .
Restriction on powers of responsible minister	(1.1) The agreement must not be made, or the permit must not be issued, unless the activity is
	(a) scientific research relating to the conservation of the species and conducted by qualified individuals;
	(b) an activity that benefits the species or is required to enhance its chance of survival in the wild; or
	(c) a lawful activity that will only incidentally harm the species.
Consultation	(1.2) The responsible minister must consult with a wildlife management board established under aboriginal land claims legislation before issuing a permit or making an agreement concerning a species that is within the authority of such a board.
Pre- conditions	(2) Before making an agreement with or issuing a permit to a person referred to in subsection (1), the responsible minister must determine that
	(a) all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best alternative has been adopted ;
	(b) all feasible measures will be taken to minimize the impact of the activity on the species or its habitat or residence; and
	(c) the activity will not jeopardize the survival and recovery of the species.
	The responsible minister must provide reasons for the determination to the person.
Terms and conditions	(3) The agreement or permit shall contain any terms and conditions governing the activity that the responsible minister considers necessary for protecting the species, minimizing the impact of the authorized activity on the species or providing for its recovery.
Review of agreements and permits	(4) The responsible minister must review the agreement or permit if an emergency order is made with respect to the wildlife species.
Amendment of agreements and permits	(4.1) The responsible minister may amend a permit or agreement as required to ensure the survival and recovery of a species.
Maximum term	(4.2) No permit shall be issued for a term longer than three years and no agreement shall be made for a term longer than five years.
Regulations	(5) The Minister may make regulations respecting the issuance, renewal, revocation, amendment and suspension of agreements and permits.
Agreements and permits under other Acts	47. An agreement, permit, licence, order or other similar document authorizing a person to engage in an activity mentioned in subsection 46(1) and made or issued by the responsible minister under another Act of Parliament has the same effect as an agreement or permit under that subsection if
	(a) before making or issuing it, the responsible minister determines that the requirements of subsections 46(2), (3) and (4.2) are met; and
	(b) after making or issuing it, the responsible minister complies with the requirements of subsection 46(4).
Publication of agreements	48. Each agreement made under section 46 or in effect under section 47 must be included in the public registry.
	Project Review
Notification of Minister	49. (1) A person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted must, without delay, notify the Minister in writing of the project if it is likely to affect
	(a) a wildlife species that is listed as vulnerable, threatened, endangered or extirpated, or its critical habitat; or
	(b) in the case of a project outside Canada, a wildlife species on the Red List of Threatened Animals or the Red List of Threatened Plants of the World Conservation Union.
Required action	(2) The person must identify the effects of the project on the wildlife species and its critical habitat and, if the project is carried out, must ensure that measures are taken to avoid or lessen the effects and to monitor them. The measures must be taken in a way that is consistent with the recovery plan for the species.
Definitions	(3) The following definitions apply in this section.
``person'' « personne »	``person'' includes an association or organization, and a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act.
``project'' « projet »	``project'' means a project as defined in subsection 2(1) of the Canadian Environmental Assessment Act.

Bill C-65

Recovery and Management Plans

Agreements and Permits

Project Review