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

Marginal note:Destruction of critical habitat

• 61 (1) No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species that is in a province or territory and that is not part of federal lands.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply in respect of

  • (a) an aquatic species; or

  • (b) the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is habitat referred to in subsection 58(5.1).

• Marginal note:Application

  (2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the Minister, by order, specify.

• Marginal note:Power to make recommendation

  (3) The Minister may make a recommendation if

  • (a) a provincial minister or territorial minister has requested that the recommendation be made; or

  • (b) the Canadian Endangered Species Conservation Council has recommended that the recommendation be made.

• Marginal note:Obligation to make recommendation

  (4) The Minister must make a recommendation if he or she is of the opinion, after consultation with the appropriate provincial or territorial minister, that

  • (a) there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11; and

  • (b) the laws of the province or territory do not effectively protect the critical habitat.

• Marginal note:Expiry and renewal of order

  (5) An order made under subsection (2) expires five years after the day on which it is made or renewed, unless the Governor in Council, by order, renews it.

• Marginal note:Recommendation to repeal order

  (6) If the Minister is of the opinion that an order made under subsection (2) is no longer necessary to protect the portion of the critical habitat to which the order relates or that the province or territory has brought into force laws that protect the portion, the Minister must recommend that the order be repealed.