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Bill C-5

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Reviews and Reports

Review of classifications

24. COSEWIC must review the classification of each species at risk at least once every 10 years, or at any time if it has reason to believe that the status of the species has changed significantly.

Copies to Minister and Council

25. (1) When COSEWIC completes an assessment of the status of a wildlife species, it must provide the Minister and the Canadian Endangered Species Conservation Council with a copy of the assessment and the reasons for it. A copy of the assessment and the reasons must also be included in the public registry.

COSEWIC list

(2) COSEWIC must annually prepare a complete list of every wildlife species it has assessed since the coming into force of this section and a copy of that list must be included in the public registry.

(3) On receiving a copy of an assessment of the status of a wildlife species from COSEWIC under subsection (1), the Minister must, within 90 days, include in the public registry a report on how the Minister intends to respond to the assessment and, to the extent possible, provide time lines for action.

Annual reports

26. COSEWIC must annually provide a report on its activities to the Canadian Endangered Species Conservation Council and a copy of that report must be included in the public registry.

List of Wildlife Species at Risk

Regulations

27. (1) The List of Wildlife Species at Risk is established in Schedule 1 and sets out extirpated, endangered, species of special concern and threatened species. The Governor in Council may, by regulation, amend the List in accordance with subsections (1.1) and (1.2), and the Minister may, by regulation, amend the List in accordance with subsection (3).

(1.1) Subject to subsection (3), the Governor in Council, within six months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister,

    (a) accept the assessment and add the species to the List;

    (b) vary the assessment and add the species to the List;

    (c) decide not to add the species to the List; or

    (d) refer the matter back to COSEWIC for further information or consideration.

(1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b), (c) or (d), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons.

Pre-conditions for recommendati on

(2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must

    (a) take into account the assessment of COSEWIC in respect of the species;

    (b) consult the competent minister or ministers; and

    (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 a wildlife species, consult the wildlife management board.

(3) Where the Governor in Council has not taken a course of action under subsection (1.1) within six months after receiving an assessment of the status of a species by COSEWIC, the Minister shall by regulation amend the List of Wildlife Species at Risk in accordance with COSEWIC's assessment.

(4) To the extent known, the Minister shall notify all directly affected landowners.

Applications for assessment of imminent threat

28. (1) Any person who considers that there is an imminent threat to the survival of a wildlife species may apply to COSEWIC for an assessment of the threat for the purpose of having the species listed on an emergency basis under subsection 29(1) as an endangered species.

Information to be included in application

(2) The application must include relevant information indicating that there is an imminent threat to the survival of the species.

Regulations

(3) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.

Notice

(4) COSEWIC must provide the applicant, the Minister and the Canadian Endangered Species Conservation Council with a copy of its assessment and a copy of the assessment must be included in the public registry.

Emergency listing

29. (1) If the Minister is of the opinion that there is an imminent threat to the survival of a wildlife species, the Minister must, on an emergency basis, after consultation with every other competent minister, make a recommendation to the Governor in Council that the List be amended to list the species as an endangered species.

Formation of opinion

(2) The Minister may arrive at that opinion on the basis of his or her own information or on the basis of COSEWIC's assessment.

Exemption

(3) If a recommendation is made under subsection (1), subsection 27(2) does not apply to any regulation that is made under subsection 27(1) on the basis of that recommendation and the regulation is exempt from the application of section 3 of the Statutory Instruments Act.

Review

30. As soon as possible after a regulation is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the regulation, COSEWIC must

    (a) confirm the classification of the species;

    (b) recommend to the Minister that the species be reclassified;

    (c) recommend to the Minister that the species be removed from the List; or

    (d) within 30 days after making the recommendation mentioned in paragraph (b) or (c), the Minister must include a copy of that recommendation in the public registry.

Recommendat ion to amend List

31. If COSEWIC makes a recommendation under paragraph 30(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List.

MEASURES TO PROTECT LISTED WILDLIFE SPECIES

General Prohibitions

Killing, harming, etc., listed wildlife species

32. (1) No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, except in accordance with an agreement, permit, licence, order or document referred to in section 74 or 75.

Possession, collection, etc.

(2) No person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual.

Deeming

(3) For the purposes of subsection (2), any animal, plant or thing that is represented to be an individual, or a part or derivative of an individual, of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species is deemed, in the absence of evidence to the contrary, to be such an individual or a part or derivative of such an individual.

Damage or destruction of residence

33. No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species, or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada.

Application - certain species in provinces

34. (1) With respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, sections 32 and 33 do not apply in lands in a province that are not federal lands unless an order is made under subsection (2) to provide that they apply.

Order

(2) The Governor in Council shall , on the recommendation of the Minister, by order, provide that sections 32 and 33, or either of them, apply in lands in a province that are not federal lands with respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994.

Obligation to make recommendati on

(3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the province do not effectively protect the species or the residences of its individuals.

(3.1) Within six months of this Act receiving royal assent, the Minister shall, in consultation with the appropriate provincial ministers and other appropriate persons, develop criteria for determining what constitutes ``effective protection'' of species at risk throughout Canada.

(3.2) The Minister shall, within the period mentioned in subsection (3.1), place these criteria in the public registry for a period of 60 days for public comment.

(3.3) Once the criteria under subsection (3.1) are implemented, subsections (1) and (2) apply immediately.

(3.4) In the event there is no agreement within six months then subsection (3) shall apply.

Consultation

(4) Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult

    (a) the appropriate provincial minister;

    (b) 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; and

    (c) the public.

Application - certain species in territories

35. (1) The Governor in Council shall , on the recommendation of the Minister, by order, provide that section 32 applies in each of the territories in respect of a listed species of game.

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; or

    (b) on land under the authority of the Minister or the Parks Canada Agency.

Obligation to make recommendati on

(3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the territory do not effectively protect the species.

(3.1) Within six months of this Act receiving royal assent, the Minister shall, in consultation with the appropriate territorial ministers and other appropriate persons, develop criteria for determining what constitutes ``effective protection'' of species at risk in each of the territories.

(3.2) The Minister shall within the period mentioned in subsection (3.1) place these criteria in the public registry for a period of 60 days for public comment.

(3.3) Once the criteria under subsection (3.1) have been implemented, subsections (1) and (2) apply immediately.

(3.4) In the event that there is no agreement on the criteria within the time limit set under subsection (3.1), subsections (1) and (3) will apply to the listed species of game.

(3.5) The Minister shall provide reasons for his or her determination in the public registry.

Pre-conditions for recommendati on

(4) Before recommending that an order be made under subsection (1), the Minister must

    (a) consult the appropriate territorial minister;

    (b) 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, consult the wildlife management board; and

    (c) consult the public.

Prohibitions re provincial and territorial classifications

36. (1) If a wildlife species that is not listed has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall

    (a) kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory;

    (b) possess, collect, buy, sell or trade an individual of that species that is on federal lands in the province or territory, or any part or derivative of such an individual; or

    (c) damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory.

Application

(2) Subsection (1) applies only in respect of the portions of the federal lands that the Governor in Council may, on the recommendation of the competent minister, by order, specify.

Recovery of Endangered, Threatened and Extirpated Species

Recovery Strategy

Preparation - endangered or threatened species

37. (1) If a wildlife species is listed as an extirpated species, an endangered species or a threatened species, the competent minister must prepare a strategy for its recovery.

(1.1) The competent minister may take any interim measures that he or she considers necessary to protect the wildlife species from the date on which the species is listed to the date on which the recovery strategy is achieved.

More than one competent minister

(2) If there is more than one competent minister with respect to the endangered or threatened species, they must prepare the strategy together and every reference to competent minister in sections 38 to 46 is to be read as a reference to the competent ministers.

(3) [Deleted]

(4) [Deleted]

Commitments to be considered

38. In preparing a recovery strategy, action plan or management plan, the competent 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 listed 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.

Cooperation with others

39. (1) To the extent possible, the recovery strategy must be prepared in cooperation with

    (a) the appropriate provincial and territorial minister for 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 recovery strategy; 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 recovery strategy 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 recovery strategy must be prepared in consultation with any landowners and other persons whom the competent minister considers to be directly affected by the strategy, including the government of any other country in which the species is found.

Determination of feasibility

40. In preparing the recovery strategy, the competent minister must determine whether the recovery of the listed wildlife species is technically and biologically feasible. The determination must be based on the best available information, including information provided by COSEWIC.

Contents if recovery feasible

41. (1) If the competent minister determines that the recovery of the listed wildlife species is feasible, the recovery strategy must address the threats to the survival of the species identified by COSEWIC, including any loss of habitat, and must include

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