Species at Risk Act

Version of section 73 from 2005-02-24 to 2012-06-28:

Marginal note:Powers of competent minister
  •  (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.

  • Marginal note: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.

  • Marginal note: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 solution 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.

  • Marginal note:Explanation in public registry

    (3.1) If an agreement is entered into or a permit is issued, the competent minister must include in the public registry an explanation of why it was entered into or issued, taking into account the matters referred to in paragraphs (3)(a), (b) and (c).

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Amendment of agreements and permits

    (8) The competent minister may revoke or amend an agreement or a permit to ensure the survival or recovery of a species.

  • Marginal note: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.

  • Marginal note:Regulations

    (10) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency 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.

  • 2002, c. 29, s. 73;
  • 2005, c. 2, s. 23.
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