Bill C-33

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First Reading

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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	72. (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 a management 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 71 apply to a Crown corporation only to the extent provided for by order of the Governor in Council.
Monitoring	73. The competent minister must monitor the implementation of the management plan and must assess its implementation five years after the plan is included in the public registry.
	Agreements and Permits
Powers of competent minister	74. (1) The competent minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals.
Purpose	(2) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that
	(a) the activity is scientific research relating to the conservation of the species and conducted by qualified persons;
	(b) the activity benefits the species or is required to enhance its chance of survival in the wild; or
	(c) affecting the species is incidental to the carrying out of the activity.
Pre- conditions	(3) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion 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 critical habitat or the residences of its individuals; and
	(c) the activity will not jeopardize the survival or recovery of the species.
Consultation	(4) 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 competent minister must consult the wildlife management board before entering into an agreement or issuing a permit concerning that species in that area.
Consultation	(5) If the species is found in a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, the competent minister must consult the band before entering into an agreement or issuing a permit concerning that species in that reserve or those other lands.
Terms and conditions	(6) The agreement or permit must contain any terms and conditions governing the activity that the competent 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	(7) The competent minister must review the agreement or permit if an emergency order is made with respect to the species.
Amendment of agreements and permits	(8) The competent minister may amend an agreement or a permit as required to ensure the survival or recovery of a species.
Maximum term	(9) No agreement may be entered into for a term longer than five years and no permit may be issued for a term longer than three years.
Regulations	(10) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations respecting the entering into of agreements, the issuance of permits and the renewal, revocation, amendment and suspension of agreements and permits.
Agreements and permits under other Acts of Parliament	75. An agreement, permit, licence, order or other similar document authorizing a person or organization to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament has the same effect as an agreement or permit under subsection 74(1) if
	(a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 74(2) to (6) are met; and
	(b) after it is entered into, issued or made, the competent minister complies with the requirements of subsection 74(7).
Adding terms and conditions	76. (1) A competent minister may add terms and conditions to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals to any agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting the species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament.
Amending terms and conditions	(2) A competent minister may also vary or repeal any term or condition in any of those documents to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals.
Treaties and land claims agreements	(3) The competent minister must take into account any applicable treaty and land claims agreement when carrying out his or her powers under this section.
Exemption for existing agreements, permits, etc.	77. The Governor in Council may, on the recommendation of a competent minister, by order, provide that section 32, 33, 36, 58, 60 or 61, or any regulation made under section 53, 59 or 71, does not apply, for a period of one year from the date of listing of a wildlife species, to agreements, permits, licences, orders or other similar documents authorizing persons to engage in an activity affecting the listed wildlife species, any part of its critical habitat or the residences of its individuals that were entered into, issued or made under another Act of Parliament before the species was listed.
Agreements and permits under other provincial and territorial Acts	78. (1) An agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made under an Act of the legislature of a province or a territory by a provincial or territorial minister with whom a competent minister has entered into an agreement under section 10 has the same effect as an agreement or permit under subsection 74(1) if
	(a) before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 74(2), (3) and (6) are met; and
	(b) after it is entered into, issued or made, the provincial or territorial minister complies with the requirements of subsection 74(7).
Interpreta- tion	(2) For the purpose of subsection (1), the references to ``competent minister'' in subsections 74(2), (3), (6) and (7) are to be read as references to ``provincial minister'' or ``territorial minister'', as the case may be.
	Project Review
Notification of Minister	79. (1) Every 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 competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat.
Required action	(2) The person must identify the effects of the project on the listed wildlife species and its critical habitat and, if the project is carried out, must ensure that measures are taken to avoid or lessen those effects and to monitor them. The measures must be taken in a way that is consistent with any applicable recovery strategy and actions plans.
Definitions	(3) The definitions in this subsection 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.
	Emergency Orders
Emergency order	80. (1) The Governor in Council may, on the recommendation of the competent minister, make an emergency order to provide for the protection of a listed wildlife species.
Obligation to make recommenda- tion	(2) The competent minister must make the recommendation if he or she is of the opinion that the species faces imminent threats to its survival or recovery.
Consultation	(3) Before making a recommendation, the competent minister must consult every other competent minister.
Contents	(4) The emergency order may
	(a) in the case of an aquatic species,
	(i) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(ii) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat;
	(b) in the case of a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994,
	(i) on federal land or in the exclusive economic zone of Canada,
	(A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and
	(ii) on land other than land referred to in subparagraph (i),
	(A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(B) include provisions requiring the doing of things that protect the species and provisions prohibiting activities that may adversely affect the species and that habitat; and
	(c) with respect to any other species,
	(i) on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada,
	(A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and
	(ii) on land other than land referred to in subparagraph (i),
	(A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and
	(B) include provisions prohibiting activities that may adversely affect the species and that habitat.
Exemption	(5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act.
Equivalent measures	81. Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species.
Recommen- dation to repeal	82. If the competent minister is of the opinion that the species to which the emergency order relates would no longer face imminent threats to its survival or recovery even if the order were repealed, he or she must make a recommendation to the Governor in Council that the emergency order be repealed.
	Exceptions
General exceptions	83. (1) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1), regulations made under section 53, 59 or 71 and emergency orders do not apply to a person who is engaging in
	(a) activities related to public safety, health or national security, that are authorized by or under any other Act of Parliament or activities under the Health of Animals Act and the Plant Protection Act for the health of animals and plants;
	(b) activities in accordance with regulatory or conservation measures for wildlife species under a land claims agreement; or
	(c) activities authorized under section 74, 75 or 78 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 subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1), a regulation made under section 53, 59 or 71 or an emergency order only if the person exercising the power
	(a) determines that the activity is necessary for the protection of public safety, health, including animal and plant health, or national security; and
	(b) respects the purposes of this Act to the greatest extent possible.
Exemptions for permitted activities	(3) Subsections 32(1) and (2), section 33 and subsections 36(1), 58(1), 60(1) and 61(1) do not apply to a person who is engaging in activities that are permitted by a recovery strategy, an action plan or a management plan and who is also authorized under an Act of Parliament to engage in that activity, including a regulation made under section 53, 59 or 71.
Additional possession exceptions	(4) Subsection 32(2) and paragraph 36(1)(b) do not apply to a person who possesses an individual of a listed extirpated, endangered or threatened species, or any part or derivative of such an individual, if
	(a) it was in the person's possession when the species was listed;
	(b) it is used for ceremonial purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an aboriginal person;
	(c) the person acquired it legally in another country and imported it legally into Canada;
	(d) the person acquired it by succession from someone who was entitled to possess it under this Act;
	(e) the person acquired it under circumstances that would afford them a defence under section 100 and the person possesses it only for as long as is necessary to donate it to a museum, a zoo, an educational institution, a scientific society or a government;
	(f) the person is, or is acting on behalf of, a museum, zoo, educational institution, scientific society or government and the person acquired it from someone who was entitled to possess it under this Act; or
	(g) it or the person is otherwise exempt by the regulations.
Regulations	(5) 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 (4)(g).
Territories	84. (1) The provisions of this Act relating to recovery strategies, action plans and management plans apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply. The order may be made with respect to all of the territory or any part of it.
Exception	(2) Subsection (1) does not apply
	(a) in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 and their habitat; or
	(b) on land under the authority of the Minister or the Parks Canada Agency.
Pre- conditions for recommenda- tion	(3) Before recommending an order under subsection (1) the Minister must

Bill C-33

Agreements and Permits

Project Review

Emergency Orders

Exceptions