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General Prohibitions |
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Killing,
harming, etc.,
listed wildlife
species
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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.
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Possession,
collection, etc.
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(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.
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Deeming
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(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.
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Damage or
destruction of
residence
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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.
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Application
- certain
species in
provinces
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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.
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Order
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(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.
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Obligation to
make
recommenda- tion
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(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.
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Consultation
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(4) Before recommending that the
Governor in Council make an order under
subsection (2), the Minister must consult
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Application
- certain
species in
territories
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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.
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Exception
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(2) Subsection (1) does not apply
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Obligation to
make
recommenda- tion
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(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.
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Pre-conditions
for
recommenda- tion
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(4) Before recommending that an order be
made under subsection (1), the Minister must
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Prohibitions
re provincial
and territorial
classifications
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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
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Application
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(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.
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