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

Action Plan

Marginal note:Preparation

47 The competent minister in respect of a recovery strategy must prepare one or more action plans based on the recovery strategy. If there is more than one competent minister with respect to the recovery strategy, they may prepare the action plan or plans together.

Marginal note:Cooperation with other ministers and governments

• 48 (1) To the extent possible, an action plan must be prepared in cooperation with

  • (a) the appropriate provincial and territorial minister of 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 action plan; 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, an action plan 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, an action plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the action plan, including the government of any other country in which the species is found.

Marginal note:Contents

• 49 (1) An action plan must include, with respect to the area to which the action plan relates,

  • (a) an identification of the species’ critical habitat, to the extent possible, based on the best available information and consistent with the recovery strategy, and examples of activities that are likely to result in its destruction;

  • (b) a statement of the measures that are proposed to be taken to protect the species’ critical habitat, including the entering into of agreements under section 11;

  • (c) an identification of any portions of the species’ critical habitat that have not been protected;

  • (d) a statement of the measures that are to be taken to implement the recovery strategy, including those that address the threats to the species and those that help to achieve the population and distribution objectives, as well as an indication as to when these measures are to take place;

  • (d.1) the methods to be used to monitor the recovery of the species and its long-term viability;

  • (e) an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation; and

  • (f) any other matters that are prescribed by the regulations.

• Marginal note:Regulations

  (2) 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)(f) prescribing matters to be included in an action plan.

Marginal note:Proposed action plan

• 50 (1) The competent minister must include a proposed action plan in the public registry.

• Marginal note:Comments

  (2) Within 60 days after the proposed action plan is included in the public registry, any person may file written comments with the competent minister.

• Marginal note:Finalization of action plan

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

• Marginal note:Summary if action plan not completed in time

  (4) If an action plan is not finalized in the time set out in the recovery strategy, the competent minister must include in the public registry a summary of what has been prepared with respect to the plan.

Marginal note:Existing plans

• 51 (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of section 49, and the plan is adopted by the competent minister as a proposed action plan, he or she must include it in the public registry as a proposed action plan 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 action plan for the species.

Marginal note:Amendments

• 52 (1) The competent minister may at any time amend an action plan. A copy of the amendment must be included in the public registry.

• Marginal note:Amendment procedure

  (2) Section 48 applies to amendments to an action plan, with any modifications that the circumstances require.

• Marginal note:Exception

  (3) Subsection (2) does not apply if the competent minister considers the amendment to be minor.

Marginal note:Regulations

• 53 (1) The competent minister must, with respect to aquatic species, 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, make any regulations that are necessary in the opinion of the competent minister for the purpose of implementing the measures included in an action plan, but, if the measures relate to the protection of critical habitat on federal lands, the regulations must be made under section 59.

• 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 making 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 making 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 making 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.

Marginal note:Use of powers under other Acts

54 For the purpose of implementing the measures included in an action plan, the competent minister may use any powers that he or she has under any other Act of Parliament.

Marginal note:Monitoring and reporting

55 The competent minister must monitor the implementation of an action plan and the progress towards meeting its objectives and assess and report on its implementation and its ecological and socio-economic impacts five years after the plan comes into effect. A copy of the report must be included in the public registry.

Protection of Critical Habitat

Marginal note:Codes of practice, national standards or guidelines

56 The competent minister may, after consultation with the Canadian Endangered Species Conservation Council and any person whom he or she considers appropriate, establish codes of practice, national standards or guidelines with respect to the protection of critical habitat.

Marginal note:Purpose

57 The purpose of section 58 is to ensure that, within 180 days after the recovery strategy or action plan that identified the critical habitat referred to in subsection 58(1) is included in the public registry, all of the critical habitat is protected by

• (a) provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or

• (b) the application of subsection 58(1).

Marginal note:Destruction of critical habitat

• 58 (1) Subject to this section, no person shall destroy any part of the critical habitat of any listed endangered species or of any listed threatened species — or of any listed extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada — if

  • (a) the critical habitat is on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada;

  • (b) the listed species is an aquatic species; or

  • (c) the listed species is a species of migratory birds protected by the Migratory Birds Convention Act, 1994.

• Marginal note:Protected areas

  (2) If the critical habitat or a portion of the critical habitat is in a national park of Canada named and described in Schedule 1 to the Canada National Parks Act, the Rouge National Urban Park established by the Rouge National Urban Park Act, a marine protected area under the Oceans Act, a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 or a national wildlife area under the Canada Wildlife Act, the competent Minister must, within 90 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, publish in the Canada Gazette a description of the critical habitat or portion that is in that park, area or sanctuary.

• Marginal note:Application

  (3) If subsection (2) applies, subsection (1) applies to the critical habitat or the portion of the critical habitat described in the Canada Gazette under subsection (2) 90 days after the description is published in the Canada Gazette.

• Marginal note:Application

  (4) If all of the critical habitat or any portion of the critical habitat is not in a place referred to in subsection (2), subsection (1) applies in respect of the critical habitat or portion of the critical habitat, as the case may be, specified in an order made by the competent minister.

• Marginal note:Obligation to make order or statement

  (5) Within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, the competent minister must, after consultation with every other competent minister, with respect to all of the critical habitat or any portion of the critical habitat that is not in a place referred to in subsection (2),

  • (a) make the order referred to in subsection (4) if the critical habitat or any portion of the critical habitat is not legally protected by provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or

  • (b) if the competent minister does not make the order, he or she must include in the public registry a statement setting out how the critical habitat or portions of it, as the case may be, are legally protected.

• Marginal note:Habitat of migratory birds

  (5.1) Despite subsection (4), with respect to the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is not on federal land, in the exclusive economic zone of Canada, on the continental shelf of Canada or in a migratory bird sanctuary referred to in subsection (2), subsection (1) applies only to those portions of the critical habitat that are habitat to which that Act applies and that the Governor in Council may, by order, specify on the recommendation of the competent minister.

• Marginal note:Obligation to make recommendation

  (5.2) The competent minister must, within 180 days after the recovery strategy or action plan that identified the critical habitat that includes habitat to which the Migratory Birds Convention Act, 1994 applies is included in the public registry, and after consultation with every other competent minister,

  • (a) make the recommendation if he or she is of the opinion there are no provisions in, or other measures under, this or any other Act of Parliament, including agreements under section 11, that legally protect any portion or portions of the habitat to which that Act applies; or

  • (b) if the competent minister does not make the recommendation, he or she must include in the public registry a statement setting out how the critical habitat that is habitat to which that Act applies, or portions of it, as the case may be, are legally protected.

• Marginal note:Consultation

  (6) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before making the order under subsection (4) or the recommendation under subsection (5.2).

• Marginal note:Consultation

  (7) If the competent minister is of the opinion that an order under subsection (4) or (5.1) 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 making the order under subsection (4) or the recommendation under subsection (5.2).

• Marginal note:Consultation

  (8) If the competent minister is of the opinion that an order under subsection (4) or (5.1) 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 making the order under subsection (4) or the recommendation under subsection (5.2).

• Marginal note:Consultation

  (9) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land that is under the authority of another federal minister, other than a competent minister, he or she must consult the other federal minister before making the order under subsection (4) or the recommendation under subsection (5.2).

Marginal note:Regulations re federal lands

• 59 (1) The Governor in Council may, on the recommendation of the competent minister after consultation with every other competent minister, make regulations to protect critical habitat on federal lands.

• Marginal note:Obligation to make recommendation

  (2) The competent minister must make the recommendation if the recovery strategy or an action plan identifies a portion of the critical habitat as being unprotected and the competent minister is of the opinion that the portion requires protection.

• Marginal note:Contents

  (3) The regulations may include provisions requiring the doing of things that protect the critical habitat and provisions prohibiting activities that may adversely affect the critical habitat.

• Marginal note:Consultation

  (4) If the competent minister is of the opinion that a regulation would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the regulation.

• Marginal note:Consultation

  (5) 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

  (6) 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.