Species at Risk Act (S.C. 2002, c. 29)

Marginal note:Competent minister acting under other Acts

74. 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 73(1) if

• (a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 73(2) to (6) and (9) are met; and

• (b) after it is entered into, issued or made, the competent minister complies with the requirements of subsection 73(7).

Marginal note:Adding terms and conditions

• 75. (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.

• Marginal note:Amending terms and conditions

  (2) A competent minister may also revoke or amend 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.

• Marginal note:Treaties and land claims agreements

  (3) The competent minister must take into account any applicable provisions of treaty and land claims agreements when carrying out his or her powers under this section.

Marginal note:Exemption for existing agreements, permits, etc.

76. 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 up to 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.

Marginal note:Licences, permits, etc., under other Acts of Parliament

• 77. (1) Despite any other Act of Parliament, any person or body, other than a competent minister, authorized under any Act of Parliament, other than this Act, to issue or approve a licence, a permit or any other authorization that authorizes an activity that may result in the destruction of any part of the critical habitat of a listed wildlife species may enter into, issue, approve or make the authorization only if the person or body has consulted with the competent minister, has considered the impact on the species’ critical habitat and is of the opinion that

  • (a) all reasonable alternatives to the activity that would reduce the impact on the species’ critical habitat have been considered and the best solution has been adopted; and

  • (b) all feasible measures will be taken to minimize the impact of the activity on the species’ critical habitat.

• Marginal note:Application of section 58

  (2) For greater certainty, section 58 applies even though a licence, a permit or any other authorization has been issued in accordance with subsection (1).

Marginal note: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 73(1) if

  • (a) before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 73(2), (3), (6) and (9) are met; and

  • (b) after it is entered into, issued or made, the provincial or territorial minister complies with the requirements of subsection 73(7).

• Marginal note:Interpretation

  (2) For the purpose of subsection (1), the references to “competent minister” in subsections 73(2), (3), (6) and (7) are to be read as references to “provincial minister” or “territorial minister”, as the case may be.

Project Review

Marginal note: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.

• Marginal note:Required action

  (2) The person must identify the adverse 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 action plans.

• Marginal note: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

Marginal note: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.

• Marginal note:Obligation to make recommendation

  (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.

• Marginal note:Consultation

  (3) Before making a recommendation, the competent minister must consult every other competent minister.

• Marginal note: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.

• Marginal note:Exemption

  (5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act.

Marginal note: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.

Marginal note:Recommendation 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

Marginal note: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; or

  • (b) activities authorized under section 73, 74 or 78 by an agreement, permit, licence, order or similar document.

• Marginal note:Authorization 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.

• Marginal note:Exceptions — land claims agreements

  (3) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1) and regulations made under section 53, 59 or 71 do not apply to a person who is engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement.

• Marginal note:Exemptions for permitted activities

  (4) 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.

• Marginal note:Additional possession exceptions

  (5) 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 by an aboriginal person for ceremonial or medicinal 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.