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

Marginal note:Emergency listing

• 29 (1) If the Minister is of the opinion that there is an imminent threat to the survival of a wildlife species, the Minister must, on an emergency basis, after consultation with every other competent minister, make a recommendation to the Governor in Council that the List be amended to list the species as an endangered species.

• Marginal note:Formation of opinion

  (2) The Minister may arrive at that opinion on the basis of his or her own information or on the basis of COSEWIC’s assessment.

• Marginal note:Exemption

  (3) If a recommendation is made under subsection (1), subsection 27(2) does not apply to any order that is made under subsection 27(1) on the basis of that recommendation, and the order is exempt from the application of section 3 of the Statutory Instruments Act.

Marginal note:Review

• 30 (1) As soon as possible after an order is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the order, COSEWIC must, in a report in writing to the Minister,

  • (a) confirm the classification of the species;

  • (b) recommend to the Minister that the species be reclassified; or

  • (c) recommend to the Minister that the species be removed from the List.

• Marginal note:Copy of report

  (2) Within 30 days after the report is received by the Minister, a copy of the report must be included in the public registry.

Marginal note:Recommendation to amend List

31 If COSEWIC makes a recommendation under paragraph 30(1)(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List.

Measures to Protect Listed Wildlife Species

General Prohibitions

Marginal note:Killing, harming, etc., listed wildlife species

• 32 (1) No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species.

• Marginal note:Possession, collection, etc.

  (2) No person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual.

• Marginal note:Deeming

  (3) For the purposes of subsection (2), any animal, plant or thing that is represented to be an individual, or a part or derivative of an individual, of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species is deemed, in the absence of evidence to the contrary, to be such an individual or a part or derivative of such an individual.

Marginal note:Damage or destruction of residence

33 No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species, or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada.

Marginal note:Application — certain species in provinces

• 34 (1) With respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, sections 32 and 33 do not apply in lands in a province that are not federal lands unless an order is made under subsection (2) to provide that they apply.

• Marginal note:Order

  (2) The Governor in Council may, on the recommendation of the Minister, by order, provide that sections 32 and 33, or either of them, apply in lands in a province that are not federal lands with respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994.

• Marginal note:Obligation to make recommendation

  (3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the province do not effectively protect the species or the residences of its individuals.

• Marginal note:Consultation

  (4) Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult

  • (a) the appropriate provincial minister; and

  • (b) 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 wildlife management board.

Marginal note:Application — certain species in territories

• 35 (1) Sections 32 and 33 apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply.

• Marginal note:Exception

  (2) Subsection (1) 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; or

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

• Marginal note:Obligation to make recommendation

  (3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the territory do not effectively protect the species or the residences of its individuals.

• Marginal note:Pre-conditions for recommendation

  (4) Before recommending that an order be made under subsection (1), the Minister must

  • (a) consult the appropriate territorial minister; and

  • (b) 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, consult the wildlife management board.

Marginal note:Prohibitions re provincial and territorial classifications

• 36 (1) If a wildlife species that is not listed has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall

  • (a) kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory;

  • (b) possess, collect, buy, sell or trade an individual of that species that is on federal lands in the province or territory, or any part or derivative of such an individual; or

  • (c) damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory.

• Marginal note:Application

  (2) Subsection (1) applies only in respect of the portions of the federal lands that the Governor in Council may, on the recommendation of the competent minister, by order, specify.

Recovery of Endangered, Threatened and Extirpated Species

Recovery Strategy

Marginal note:Preparation — endangered or threatened species

• 37 (1) If a wildlife species is listed as an extirpated species, an endangered species or a threatened species, the competent minister must prepare a strategy for its recovery.

• Marginal note:More than one competent minister

  (2) If there is more than one competent minister with respect to the wildlife species, they must prepare the strategy together and every reference to competent minister in sections 38 to 46 is to be read as a reference to the competent ministers.

Marginal note:Commitments to be considered

38 In preparing a recovery strategy, action plan or management plan, the competent minister must consider the commitment of the Government of Canada to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to the listed wildlife species, cost-effective measures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty.

Marginal note:Cooperation with others

• 39 (1) To the extent possible, the recovery strategy must be prepared in cooperation with

  • (a) the appropriate provincial and territorial minister for each province and territory in which the listed wildlife species is found;

  • (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found;

  • (c) 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 wildlife management board;

  • (d) every aboriginal organization that the competent minister considers will be directly affected by the recovery strategy; and

  • (e) any other person or organization that the competent minister considers appropriate.

• Marginal note:Land claims agreement

  (2) If the listed wildlife 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 recovery strategy must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement.

• Marginal note:Consultation

  (3) To the extent possible, the recovery strategy must be prepared in consultation with any landowners and other persons whom the competent minister considers to be directly affected by the strategy, including the government of any other country in which the species is found.

Marginal note:Determination of feasibility

40 In preparing the recovery strategy, the competent minister must determine whether the recovery of the listed wildlife species is technically and biologically feasible. The determination must be based on the best available information, including information provided by COSEWIC.

Marginal note:Contents if recovery feasible

• 41 (1) If the competent minister determines that the recovery of the listed wildlife species is feasible, the recovery strategy must address the threats to the survival of the species identified by COSEWIC, including any loss of habitat, and must include

  • (a) a description of the species and its needs that is consistent with information provided by COSEWIC;

  • (b) an identification of the threats to the survival of the species and threats to its habitat that is consistent with information provided by COSEWIC and a description of the broad strategy to be taken to address those threats;

  • (c) an identification of the species’ critical habitat, to the extent possible, based on the best available information, including the information provided by COSEWIC, and examples of activities that are likely to result in its destruction;

  • (c.1) a schedule of studies to identify critical habitat, where available information is inadequate;

  • (d) a statement of the population and distribution objectives that will assist the recovery and survival of the species, and a general description of the research and management activities needed to meet those objectives;

  • (e) any other matters that are prescribed by the regulations;

  • (f) a statement about whether additional information is required about the species; and

  • (g) a statement of when one or more action plans in relation to the recovery strategy will be completed.

• Marginal note:Contents if recovery not feasible

  (2) If the competent minister determines that the recovery of the listed wildlife species is not feasible, the recovery strategy must include a description of the species and its needs, an identification of the species’ critical habitat to the extent possible, and the reasons why its recovery is not feasible.

• Marginal note:Multi-species or ecosystem approach permissible

  (3) The competent minister may adopt a multi-species or an ecosystem approach when preparing the recovery strategy if he or she considers it appropriate to do so.

• Marginal note:Regulations

  (4) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(e) prescribing matters to be included in a recovery strategy.

Marginal note:Proposed recovery strategy

• 42 (1) Subject to subsection (2), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species.

• Marginal note:First listed wildlife species

  (2) With respect to wildlife species that are set out in Schedule 1 on the day section 27 comes into force, the competent minister must include a proposed recovery strategy in the public registry within three years after that day, in the case of a wildlife species listed as an endangered species, and within four years after that day, in the case of a wildlife species listed as a threatened species or an extirpated species.

Marginal note:Comments

• 43 (1) Within 60 days after the proposed recovery strategy is included in the public registry, any person may file written comments with the competent minister.

• Marginal note:Finalization of recovery strategy

  (2) Within 30 days after the expiry of the period referred to in subsection (1), the competent minister must consider any comments received, make any changes to the proposed recovery strategy that he or she considers appropriate and finalize the recovery strategy by including a copy of it in the public registry.

Marginal note:Existing plans

• 44 (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of subsection 41(1) or (2), and the plan is adopted by the competent minister as the proposed recovery strategy, he or she must include it in the public registry as the proposed recovery strategy in relation to the species.

• Marginal note:Incorporation of existing plans

  (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed recovery strategy for the species.

Marginal note:Amendments

• 45 (1) The competent minister may at any time amend the recovery strategy. A copy of the amendment must be included in the public registry.

• Marginal note:Amendments relating to time for completing action plan

  (2) If the amendment relates to the time for completing an action plan, the competent minister must provide reasons for the amendment and include a copy of the reasons in the public registry.

• Marginal note:Amendment procedure

  (3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require.

• Marginal note:Exception

  (4) Subsection (3) does not apply if the competent minister considers the amendment to be minor.

Marginal note:Reporting

46 The competent minister must report on the implementation of the recovery strategy, and the progress towards meeting its objectives, within five years after it is included in the public registry and in every subsequent five-year period, until its objectives have been achieved or the species’ recovery is no longer feasible. The report must be included in the public registry.