Species at Risk Act

Marginal note:Regulations

• 71 (1) The Governor in Council may, on the recommendation of the competent minister, make any regulations with respect to aquatic species or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, that the Governor in Council considers appropriate for the purpose of implementing the measures included in the management plan.

• Marginal note:Consultation

  (2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indigenous Services and the band before recommending the making of the regulation.

• Marginal note:Consultation

  (3) If the competent minister is of the opinion that a regulation would affect 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, he or she must consult the wildlife management board before recommending the making of the regulation.

• Marginal note:Incorporation by reference

  (4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory.

• Marginal note:Consultation

  (5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before recommending the making of the regulation.

• Marginal note:Exception

  (6) Subsection (5) 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 and their habitat; or

  • (b) in respect of land under the authority of the Minister or the Parks Canada Agency.