|
|
Protection of Critical Habitat
|
|
| 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.
|
|
| 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).
|
|
| 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.
|
|
| 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, 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.
|
|
| 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.
|
|
| 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.
|
|
| 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.
|
|
| 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.
|
|
|
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.
|
|
| 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).
|
|
| 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 Indian Affairs and
Northern Development and the band before
making the order under subsection (4) or the
recommendation under subsection (5.2).
|
|
| 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).
|
|
| 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).
|
|
| 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.
|
|
| Obligation to
make
recommendati
on
|
(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.
|
|
| 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.
|
|
| 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.
|
|
| 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
Indian Affairs and Northern Development and
the band before recommending the making of
the regulation.
|
|
| 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.
|
|
| Provincial and
territorial
classifications
|
60. (1) If a wildlife species has been
classified as an endangered species or a
threatened species by a provincial or
territorial minister, no person shall destroy
any part of the habitat of that species that the
provincial or territorial minister has identified
as essential to the survival or recovery of the
species and that is on federal lands in the
province or territory.
|
|
| Application
|
(2) Subsection (1) applies only to the
portions of the habitat that the Governor in
Council may, on the recommendation of the
competent minister, by order, specify.
|
|
| Destruction of
critical habitat
|
61. (1) No person shall destroy any part of
the critical habitat of a listed endangered
species or a listed threatened species that is in
a province or territory and that is not part of
federal lands.
|
|
| Exception
|
(1.1) Subsection (1) does not apply in
respect of
|
|
|
|
(a) an aquatic species; or
|
|
|
|
(b) the critical habitat of a species of bird
that is a migratory bird protected by the
Migratory Birds Convention Act, 1994 that
is habitat referred to in subsection 58(5.1).
|
|
| Application
|
(2) Subsection (1) applies only to the
portions of the critical habitat that the
Governor in Council may, on the
recommendation of the Minister, by order,
specify.
|
|
| Power to
make
recommendation
|
(3) The Minister may make a
recommendation if
|
|
|
|
(a) a provincial minister or territorial
minister has requested that the
recommendation be made; or
|
|
|
|
(b) the Canadian Endangered Species
Conservation Council has recommended
that the recommendation be made.
|
|
| Obligation to
make
recommendation
|
(4) The Minister must make a
recommendation if he or she is of the opinion,
after consultation with the appropriate
provincial or territorial minister, that
|
|
|
|
(a) there are no provisions in, or other
measures under, this or any other Act of
Parliament that protect the particular
portion of the critical habitat, including
agreements under section 11; and
|
|
|
|
(b) the laws of the province or territory do
not effectively protect the critical habitat.
|
|
| Expiry and
renewal of
order
|
(5) An order made under subsection (2)
expires five years after the day on which it is
made or renewed, unless the Governor in
Council, by order, renews it.
|
|
| Recommendat
ion to repeal
order
|
(6) If the Minister is of the opinion that an
order made under subsection (2) is no longer
necessary to protect the portion of the critical
habitat to which the order relates or that the
province or territory has brought into force
laws that protect the portion, the Minister
must recommend that the order be repealed.
|
|
| Acquisition of
lands
|
62. A competent minister may enter into an
agreement with any government in Canada,
organization or person to acquire any lands or
interests in land for the purpose of protecting
the critical habitat of any species at risk.
|
|
| Progress
reports on
unprotected
portions of
critical habitat
|
63. If in the opinion of the Minister any
portion of the critical habitat of a listed
wildlife species remains unprotected 180 days
after the recovery strategy or action plan that
identified the critical habitat was included in
the public registry, the Minister must include
in that registry a report on the steps taken to
protect the critical habitat. The Minister must
continue to report with respect to every
subsequent period of 180 days until the
portion is protected or is no longer identified
as critical habitat.
|
|
| Compensation
|
64. (1) The Minister may, in accordance
with the regulations, provide fair and
reasonable compensation to any person for
losses suffered as a result of any extraordinary
impact of the application of
|
|
|
|
(a) section 58, 60 or 61; or
|
|
|
|
(b) an emergency order in respect of habitat
identified in the emergency order that is
necessary for the survival or recovery of a
wildlife species.
|
|
| Regulations
|
(2) The Governor in Council shall make
regulations that the Governor in Council
considers necessary for carrying out the
purposes and provisions of subsection (1),
including regulations prescribing
|
|
|
|
(a) the procedures to be followed in
claiming compensation;
|
|
|
|
(b) the methods to be used in determining
the eligibility of a person for compensation,
the amount of loss suffered by a person and
the amount of compensation in respect of
any loss; and
|
|
|
|
(c) the terms and conditions for the
provision of compensation.
|
|
