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

Marginal note:Application of provisions dealing with records

114 Sections 115 to 117 apply only in respect of persons who have entered into an alternative measures agreement, regardless of the degree of their compliance with the terms and conditions of the agreement.

Marginal note:Disclosure of information by peace officer or enforcement officer

115 Where it is necessary in the conduct of an investigation of an offence, a peace officer or enforcement officer may disclose to a department or agency of a government in Canada any information in a record relating to an offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person.

Marginal note:Government records

• 116 (1) The competent minister, any enforcement officer and any department or agency of a government in Canada with which the competent minister has entered into an agreement under section 10 may keep records and use information obtained as a result of the use of alternative measures to deal with a person

  • (a) for the purposes of an inspection under this Act or an investigation of an offence alleged to have been committed by a person;

  • (b) in proceedings against a person under this Act;

  • (c) for the purpose of the administration of alternative measures programs; or

  • (d) otherwise for the administration of this Act.

• Marginal note:Private records

  (2) Any person or organization may keep records of information obtained by them as a result of supervising compliance with an alternative measures agreement and use the information for the purpose of supervising such compliance.

Marginal note:Disclosure of records

• 117 (1) A record or information referred to in section 115 or 116 may be made available to

  • (a) any judge or court for any purpose with respect to proceedings relating to offences under this or any other Act committed or alleged to have been committed by the person to whom the record relates;

  • (b) any peace officer, enforcement officer or prosecutor

    • (i) for the purpose of investigating an offence under this or any other Act that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or

    • (ii) for any purpose related to the administration of the case to which the record relates;

  • (c) any member of a department or agency of a government in Canada, or any agent of such a government, that is

    • (i) engaged in the administration of alternative measures in respect of the person, or

    • (ii) preparing a report in respect of the person under this Act; or

  • (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if

    • (i) the judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes or in the interest of the proper administration of justice, and

    • (ii) the person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2).

• Marginal note:Subsequent disclosure for research or statistical purposes

  (2) If a record is made available for inspection to any person under paragraph (1)(d) for research or statistical purposes, that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.

• Marginal note:Information, copies

  (3) A person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.

• Marginal note:Evidence

  (4) This section does not authorize the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.

• Marginal note:Exception for public access to court record

  (5) For greater certainty, this section does not apply in respect of an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 111.

Marginal note:Information exchange agreements

118 The competent minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of a person’s compliance with an alternative measures agreement.

Marginal note:Regulations

119 The competent minister may make regulations respecting the alternative measures that may be used for the purposes of this Act including regulations respecting

• (a) the form and manner in which and the period within which an application to participate in the alternative measures is to be made, and the information that must be contained in or accompany the application;

• (b) the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements;

• (c) the types of costs, and the manner of paying the costs, associated with ensuring compliance with alternative measures agreements; and

• (d) the terms and conditions that may be included in an alternative measures agreement and the effects of those terms and conditions.

Public Registry

Marginal note:Public registry

120 The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act.

Marginal note:Regulations

121 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 respecting the form of the public registry, the keeping of the public registry and access to it.

Marginal note:Protection from proceedings

122 Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure.

Marginal note:Documents to be in public registry

123 The public registry shall contain every document required to be included in the public registry by this Act and the following documents, or a copy of the following documents:

• (a) regulations and orders made under this Act;

• (b) agreements entered into under section 10;

• (c) COSEWIC’s criteria for the classification of wildlife species;

• (d) status reports on wildlife species that COSEWIC has had prepared or has received with an application;

• (e) the List of Wildlife Species at Risk;

• (f) codes of practice, national standards or guidelines established under this Act;

• (g) agreements and reports filed under section 111 or subsection 113(2) or notices that those agreements or reports have been filed in court and are available to the public; and

• (h) every report made under sections 126 and 128.

Marginal note:Restriction

124 The Minister, on the advice of COSEWIC, may restrict the release of any information required to be included in the public registry if that information relates to the location of a wildlife species or its habitat and restricting its release would be in the best interests of the species.

Fees and Charges

Marginal note:Regulations

• 125 (1) The Governor in Council may, on the recommendation of the Minister and the President of the Treasury Board, after the Minister has consulted the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations

  • (a) prescribing the fees and charges, or the manner of determining them, that may be charged for agreements or permits under section 73, for amendments to or for the renewal of such agreements or permits, for copies of documents in the public registry and for the inclusion of a document in the public registry;

  • (b) exempting any person or class of persons from the requirement to pay any of those fees or charges; and

  • (c) generally, in respect of any condition or any other matter in relation to the payment of those fees or charges.

• Marginal note:Recovery of fees

  (2) A fee or charge required by the regulations to be paid constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Reports and Review of Act

Marginal note:Annual report to Parliament

126 The Minister must annually prepare a report on the administration of this Act during the preceding calendar year and must have a copy of the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report. The report must include a summary addressing the following matters:

• (a) COSEWIC’s assessments and the Minister’s response to each of them;

• (b) the preparation and implementation of recovery strategies, action plans and management plans;

• (c) all agreements made under sections 10 to 13;

• (d) all agreements entered into or renewed under section 73, all permits issued or renewed under that section and all agreements and permits amended under section 75 or exempted under section 76;

• (e) enforcement and compliance actions taken, including the response to any requests for investigation;

• (f) regulations and emergency orders made under this Act; and

• (g) any other matters that the Minister considers relevant.

Marginal note:Convening round table

• 127 (1) The Minister must, at least once every two years, convene a round table of persons interested in matters respecting the protection of wildlife species at risk in Canada to advise the Minister on those matters.

• Marginal note:Recommendations to be in public registry

  (2) Any written recommendations from the round table must be included in the public registry.

• Marginal note:Response of Minister

  (3) The Minister must respond to any written recommendations from the round table within 180 days after receiving them and a copy of the Minister’s response must be included in the public registry.

Marginal note:Reports on status of wildlife species

128 Five years after this section comes into force and at the end of each subsequent period of five years, the Minister must prepare a general report on the status of wildlife species. The Minister must have the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report.

Marginal note:Parliamentary review of Act

129 Five years after this section comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.

Assessment of Wildlife Species Mentioned in the Schedules

Marginal note:Assessment of status

• 130 (1) COSEWIC must assess the status of each wildlife species set out in Schedule 2 or 3, and, as part of the assessment, identify existing and potential threats to the species and

  • (a) classify the species as extinct, extirpated, endangered, threatened or of special concern;

  • (b) indicate that COSEWIC does not have sufficient information to classify the species; or

  • (c) indicate that the species is not currently at risk.

• Marginal note:Time for assessment — Schedule 2

  (2) In the case of a species set out in Schedule 2, the assessment must be completed within 30 days after section 14 comes into force.

• Marginal note:Deemed classification

  (3) If an assessment of a wildlife species set out in Schedule 2 is not completed within the required time or, if there has been an extension, within the extended time, COSEWIC is deemed to have classified the species as indicated in Schedule 2.

• Marginal note:Time for assessment — Schedule 3

  (4) In the case of a species set out in Schedule 3, the assessment must be completed within one year after the competent minister requests the assessment. If there is more than one competent minister with respect to the species, they must make the request jointly.

• Marginal note:Extension

  (5) The Governor in Council may, on the recommendation of the Minister after consultation with the competent minister or ministers, by order, extend the time provided for the assessment of any species set out in Schedule 2 or 3. The Minister must include a statement in the public registry setting out the reasons for the extension.

• Marginal note:Provisions apply

  (6) Subsections 15(2) and (3) and 21(1) and section 25 apply with respect to assessments under subsection (1).

• Marginal note:Recent reports

  (7) In making its assessment of a wildlife species, COSEWIC may take into account and rely on any report on the species that was prepared in the two-year period before this Act receives royal assent.

Marginal note:Section 27 applies

131 Section 27 applies in respect of a wildlife species referred to in section 130 that COSEWIC classifies as extinct, extirpated, endangered, threatened or of special concern or that is deemed to have been so classified.

Marginal note:Time for recovery strategy

132 If a wildlife species is added to the List by the Governor in Council as the result of an assessment under section 130, the recovery strategy for the species must be prepared within three years after the listing in the case of an endangered species, and within four years in the case of a threatened species.

Marginal note:Time for management plan

133 If a wildlife species is added to the List by the Governor in Council as a species of special concern as the result of an assessment under section 130, the management plan for the species must be prepared within five years after the listing.

Related Amendments

134 to 141 [Amendments]

Coordinating Amendment

141.1 [Amendment]

Coming into Force

Marginal note:Order of Governor in Council

Footnote ^*142 Except for section 141.1, the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Section 141.1 in force on assent December 12, 2002; sections 1, 134 to 136 and 138 to 141 in force March 24, 2003, see SI/2003-43; sections 2 to 31, 37 to 56, 62, 65 to 76, 78 to 84, 120 to 133 and 137 in force June 5, 2003, sections 32 to 36, 57 to 61, 63, 64, 77 and 85 to 119 in force June 1, 2004, see SI/2003-111.]