Bill C-441
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-441 |
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An Act respecting the protection of wildlife
species in Canada from extirpation or
extinction
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Preamble
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Recognizing that
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Canada
Endangered Species Protection Act.
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INTERPRETATION |
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Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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``alter- native measures'' « mesures de rechange »
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``alternative measures'' means measures,
other than judicial proceedings, used to deal
with a person alleged to have committed an
offence.
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``aquatic
species'' « espèce aquatique »
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``aquatic species'' means a wildlife species
that is a fish, as defined in section 2 of the
Fisheries Act, or a marine plant, as defined
in section 45 of that Act.
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``Attorney
General'' « procureur général »
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``Attorney General'' means the Attorney
General of Canada and, for the purposes of
sections 90 to 96, it includes the delegate of
the Attorney General of Canada.
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``COSE- WIC'' « COSE- PAC »
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``COSEWIC'' means the Committee on the
Status of Endangered Wildlife in Canada
established by section 14.
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``Council'' « Conseil »
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``Council'' means the Canadian Endangered
Species Conservation Council established
by section 13.
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``critical
habitat'' « habitat essentiel »
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``critical habitat'' means habitat that is critical
to the survival and recovery of a wildlife
species, as identified in a status report, a
decision under section 25 or a recovery
plan.
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``emer- gency order'' « arrêté d'urgence »
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``emergency order'' means an order made
under section 36.
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``endanger- ed species'' « espèce en voie de disparition »
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``endangered species'' means a wildlife
species that is facing imminent extirpation
or extinction.
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``endanger- ed species protection action'' « action en protection »
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``endangered species protection action''
means an action under section 64 or 65.
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``extirpated
species'' « espèce disparue du pays »
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``extirpated species'' means a wildlife species
that no longer exists in the wild in Canada,
but exists elsewhere in the wild.
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``federal
land'' « territoire domanial »
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``federal land'' means
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``habitat'' « habitat »
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``habitat'' means the area or type of site where
an individual or wildlife species naturally
occurs or formerly occurred and has the
potential to be reintroduced.
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``individual'' « individu »
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``individual'' means an individual of a
wildlife species, whether living or dead, at
any developmental stage and includes
embryos, eggs, sperm, pollen and spores.
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``List of
Wildlife
Species at
Risk'' « Liste des espèces en péril »
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``List of Wildlife Species at Risk'' means the
List of Wildlife Species at Risk set out in the
Schedule.
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``listed'' « inscrite »
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``listed'' means listed on the List of Wildlife
Species at Risk.
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``Minister'' « ministre »
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``Minister'' means the Minister of the
Environment.
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``offence'' « infrac- tion »
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``offence'' means an offence under this Act.
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``provincial
minister'' « ministre provincial »
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``provincial minister'' means the minister of
the government of a province who is
responsible for wildlife species in that
province.
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``public
registry'' « Registre »
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``public registry'' means the registry
established under section 10.
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``recovery
plan'' « plan de rétablisse- ment »
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``recovery plan'' means a plan prepared under
section 41.
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``residence'' « résiden- ce »
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``residence'' means a specific dwelling place,
such as a den, nest or other area occupied or
habitually occupied by an individual or
population during all or part of its life cycle,
such as breeding, rearing or hibernating.
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``responsi- ble minister'' « ministre compétent »
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``responsible minister'' means
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``species at
risk'' « espèce en péril »
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``species at risk'' means an extirpated,
endangered, threatened or vulnerable
species.
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``status
report'' « rapport de situation »
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``status report'' means a report, in accordance
with the requirements of subsection 21(2),
containing a summary of the best available
scientific information and traditional or
community knowledge on the status of a
wildlife species.
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``threaten- ed species'' « espèce menacée »
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``threatened species'' means a wildlife species
that is likely to become an endangered
species if nothing is done to reverse the
factors leading to its extirpation or
extinction.
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``vulnerable
species'' « espèce vulnérable »
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``vulnerable species'' means a wildlife species
that is of special concern because it is
particularly sensitive to human activities or
natural events, but it does not include an
endangered or threatened species.
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``wildlife
species'' « espèce sauvage »
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``wildlife species'' means a species,
subspecies or geographically or genetically
distinct population of animal, plant or other
organism that is wild by nature and
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Aboriginal
and treaty
rights
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(2) For greater certainty, nothing in this Act
is to be construed so as to abrogate or derogate
from any existing aboriginal or treaty rights of
the Aboriginal peoples of Canada under
section 35 of the Constitution Act, 1982.
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APPLICATION |
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Application to
wildlife
species
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3. This Act applies throughout Canada in
respect of all wildlife species and their
habitats, including
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HER MAJESTY |
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Binding on
Her Majesty
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4. This Act is binding on Her Majesty in the
right of Canada or a province.
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PURPOSES |
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Prevention
and recovery
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5. The purposes of this Act are to prevent
wildlife species from being extirpated or
becoming extinct and to provide for the
recovery of wildlife species that are
extirpated, endangered or threatened as a
result of human activity.
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ADMINISTRATION |
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Responsibi- lity for administra- tion
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6. (1) The Minister is responsible for the
administration of this Act, except in so far as
this Act gives responsibility to another
responsible minister.
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Delegation
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(2) A responsible minister may authorize
any person or governmental body to exercise
or perform any of that minister's powers or
functions under this Act relating to its
enforcement. Any such delegation must be the
subject of an agreement that shall provide that
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Agreements
with
provincial
governments
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7. (1) A responsible minister may
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Conservation
agreements
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(2) A responsible minister may enter into an
agreement for the conservation of a species at
risk, including the protection of their habitats,
provided that the agreement is consistent with
the requirements of this Act. The agreement
may be with one or more governments of
provinces or countries, or organizations or
persons. If there is another responsible
minister with respect to the species, the
agreement may only be made with the
concurrence of that minister.
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Pre- publication
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8. (1) At least sixty days before an
agreement is concluded under section 6 or 7,
the responsible minister must make the
proposed text of it public by including it in the
public registry and by any other means that the
responsible minister considers appropriate.
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Publication
and report
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(2) Once the agreement is concluded, the
responsible minister must make it public by
including it in the public registry.
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Funding
agreements
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9. (1) The Minister may, with the approval
of the Governor in Council, enter into an
agreement with the government of a province,
a municipal authority or organization or any
other person to provide for the payment of
contributions to the costs of programs and
measures for the conservation of wildlife
species, including programs and measures
under an agreement authorized by subsection
7(2).
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Provisions to
be included
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(2) The agreement must
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