Bill C-33

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First Reading

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	(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 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.
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, unless it is not possible to do so, and if critical habitat is identified, examples of activities that are likely to result in its destruction;
	(b) 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 and when they are to take place;
	(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 of Canadian Heritage 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.
Public registry	50. (1) When an action plan is completed, a copy of the action plan must be included in the public registry.
Summary if action plan not completed in time	(2) If an action plan is not completed 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.
Existing plans	51. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species substantially meets the requirements of section 49, he or she may include a copy of the existing plan in the public registry as an 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 an action plan for the species.
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.
Regulations	53. (1) The competent minister may, with respect to aquatic species or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, make any regulations that he or she considers appropriate for the purpose of implementing the measures included in an action plan, but, if the measures relate to the protection of critical habitat on federal lands, the regulations must be made under section 59.
Consultation	(2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian and Northern Affairs and the band before making the regulation.
Consultation	(3) If the competent minister is of the opinion that a regulation would affect 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, he or she must consult the wildlife management board before making the regulation.
Incorporation by reference	(4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory. They may also incorporate by reference other material as amended from time to time.
Crown corporations	54. (1) The competent minister and the President of the Treasury Board may jointly make guidelines in respect of Crown corporations for the purpose of implementing the measures included in an action plan.
Scope of guidelines	(2) The guidelines may be made with respect to all Crown corporations or to a particular Crown corporation.
Application of regulations	(3) If guidelines are made, regulations made under section 53 apply to a Crown corporation only to the extent provided for by order of the Governor in Council.
Use of powers under other Acts	55. For the purpose of implementing the measures included in an action plan, the competent minister may use any powers that he or she has under any other Act of Parliament.
Monitoring	56. The competent minister must monitor the implementation of an action plan and must assess its implementation five years after the plan comes into effect.
	Protection of Critical Habitat
Codes of practice, national standards or guidelines	57. The competent minister may, after consultation with the Canadian Endangered Species Conservation Council and any person whom he or she considers appropriate, establish codes of practice, national standards or guidelines with respect to the protection of critical habitat.
Destruction of critical habitat	58. (1) No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species that is on federal lands, in the exclusive economic zone of Canada or on the continental shelf of Canada.
Application	(2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the competent minister, after consultation with every other competent minister, by order, specify.
Obligation to make recommenda- tion	(3) The competent minister must make a recommendation that an order be made if he or she is of the opinion that there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11.
Consultation	(4) If the competent minister is of the opinion that the order would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the order.
Consultation	(5) If the competent minister is of the opinion that the order would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian and Northern Affairs and the band before recommending the making of the order.
Consultation	(6) If the competent minister is of the opinion that the order would affect 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, he or she must consult the wildlife management board before recommending the making of the order.
Regulations re federal lands	59. (1) The Governor in Council may, on the recommendation of the competent minister after consultation with every other competent minister, make regulations to protect critical habitat on federal lands.
Obligation to make recommenda- tion	(2) The competent minister must make the recommendation if the recovery strategy or an action plan identifies a portion of the critical habitat as being unprotected and the competent minister is of the opinion that the portion requires protection.
Contents	(3) The regulations may include provisions requiring the doing of things that protect the critical habitat and provisions prohibiting activities that may adversely affect the critical habitat.
Consultation	(4) If the competent minister is of the opinion that a regulation would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the regulation.
Consultation	(5) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian and Northern Affairs and the band before recommending the making of the regulation.
Consultation	(6) If the competent minister is of the opinion that a regulation would affect 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, he or she must consult the wildlife management board before recommending the making of the regulation.
Provincial and territorial classifications	60. (1) If a wildlife species has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall destroy any part of the habitat of that species that the provincial or territorial minister has identified as essential to the survival or recovery of the species and that is on federal lands in the province or territory.
Application	(2) Subsection (1) applies only to the portions of the habitat that the Governor in Council may, on the recommendation of the competent minister, by order, specify.
Destruction of critical habitat	61. (1) No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species that is in a province or territory and that is not part of federal lands.
Application	(2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the Minister, by order, specify.
Power to make recommenda- tion	(3) The Minister may make a recommendation if
	(a) a provincial minister or territorial minister has requested that the recommendation be made; or
	(b) the Canadian Endangered Species Conservation Council has recommended that the recommendation be made.
Obligation to make recommenda- tion	(4) The Minister must make a recommendation if he or she is of the opinion, after consultation with the appropriate provincial or territorial minister, that
	(a) there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11; and
	(b) the laws of the province or territory do not protect the particular portion of the critical habitat.
Expiry and renewal of order	(5) An order made under subsection (2) expires five years after the day on which it is made or renewed, unless the Governor in Council, by order, renews it.
Recommen- dation to repeal order	(6) If the Minister is of the opinion that an order made under subsection (2) is no longer necessary to protect the portion of the critical habitat to which the order relates or that the province or territory has brought into force laws that protect the portion, the Minister must recommend that the order be repealed .
Acquisition of lands	62. A competent minister may enter into an agreement with any government in Canada, organization or person to acquire any lands or interests in land for the purpose of protecting the critical habitat of any endangered or threatened species.
Progress reports on unprotected portions of critical habitat	63. If in the opinion of the Minister any portion of the critical habitat of a listed wildlife species remains unprotected 180 days after the recovery strategy or action plan that identified the critical habitat was included in the public registry, the Minister must include in that registry a report on the steps taken to protect the critical habitat. The Minister must continue to report with respect to every subsequent period of 180 days until the portion is protected or is no longer identified as critical habitat.
Compensation	64. (1) The Minister may, in accordance with the regulations, pay compensation to any person for losses suffered as a result of any extraordinary impact of the application of section 58, 60 or 61 or an emergency order in respect of habitat identified in the emergency order that is necessary for the survival or recovery of a wildlife species.
Regulations	(2) The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of subsection (1), including regulations prescribing
	(a) the procedures to be followed in claiming compensation;
	(b) the methods to be used in determining the eligibility of a person for compensation, the amount of loss suffered by a person and the amount of compensation to be paid in respect of any loss; and
	(c) the terms and conditions for the payment of compensation.
	Management of Species of Special Concern
Preparation of management plan	65. Within three years after a wildlife species is listed as a species of special concern, the competent minister must prepare a management plan for the species and its habitat. The plan must include measures for the conservation of the species that the competent minister considers appropriate and it may apply with respect to more than one wildlife species.
Cooperation with other ministers and governments	66. (1) To the extent possible, the management 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 management 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, the management 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, the management plan must be prepared in consultation with any landowners and other persons whom the competent minister considers to be directly affected by, or interested in, the management plan, including the government of any other country in which the species is found.
Multi-species or ecosystem approach permissible	67. The competent minister may adopt a multi-species or an ecosystem approach when preparing the management plan if he or she considers it appropriate to do so.
Public registry	68. When a management plan is completed, a copy of the management plan must be included in the public registry.
Existing plans	69. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species includes adequate measures for the conservation of the species, he or she may include a copy of the existing plan in the public registry as the management 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 management plan for the species.
Amendments	70. (1) The competent minister may at any time amend a management plan. A copy of the amendment must be included in the public registry.
Amendment procedure	(2) Section 66 applies to amendments to the management 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.
Regulations	71. (1) The Governor in Council may, on the recommendation of the competent minister, make any regulations with respect to aquatic species or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, that the Governor in Council considers appropriate for the purpose of implementing the measures included in the management plan.
Consultation	(2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian and Northern Affairs and the band before recommending the making of the regulation.
Consultation	(3) If the competent minister is of the opinion that a regulation would affect 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, he or she must consult the wildlife management board before recommending the making of the regulation.

Bill C-33

Protection of Critical Habitat

Management of Species of Special Concern