|
|
Agreements and Permits
|
|
| Powers of
competent
minister
|
73. (1) The competent minister may enter
into an agreement with a person, or issue a
permit to a person, authorizing the person to
engage in an activity affecting a listed wildlife
species, any part of its critical habitat or the
residences of its individuals.
|
|
| Purpose
|
(2) The agreement may be entered into, or
the permit issued, only if the competent
minister is of the opinion that
|
|
|
|
(a) the activity is scientific research relating
to the conservation of the species and
conducted by qualified persons;
|
|
|
|
(b) the activity benefits the species or is
required to enhance its chance of survival in
the wild; or
|
|
|
|
(c) affecting the species is incidental to the
carrying out of the activity.
|
|
| Pre-conditions
|
(3) The agreement may be entered into, or
the permit issued, only if the competent
minister is of the opinion that
|
|
|
|
(a) all reasonable alternatives to the activity
that would reduce the impact on the species
have been considered and the best solution
has been adopted;
|
|
|
|
(b) all feasible measures will be taken to
minimize the impact of the activity on the
species or its critical habitat or the
residences of its individuals; and
|
|
|
|
(c) the activity will not jeopardize the
survival or recovery of the species.
|
|
| Explanation
in public
registry
|
(3.1) If an agreement is entered into or a
permit is issued, the competent minister must
include in the public registry an explanation of
why it was entered into or issued, taking into
account the matters referred to in paragraphs
(3)(a), (b) and (c).
|
|
| Consultation
|
(4) 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 competent minister must consult
the wildlife management board before
entering into an agreement or issuing a permit
concerning that species in that area.
|
|
| Consultation
|
(5) If the species is found in a reserve or any
other lands that are set apart for the use and
benefit of a band under the Indian Act, the
competent minister must consult the band
before entering into an agreement or issuing a
permit concerning that species in that reserve
or those other lands.
|
|
| Terms and
conditions
|
(6) The agreement or permit must contain
any terms and conditions governing the
activity that the competent minister considers
necessary for protecting the species,
minimizing the impact of the authorized
activity on the species or providing for its
recovery.
|
|
| Review of
agreements
and permits
|
(7) The competent minister must review the
agreement or permit if an emergency order is
made with respect to the species.
|
|
| Amendment
of agreements
and permits
|
(8) The competent minister may revoke or
amend an agreement or a permit to ensure the
survival or recovery of a species.
|
|
| Maximum
term
|
(9) No agreement may be entered into for a
term longer than five years and no permit may
be issued for a term longer than three years.
|
|
| Regulations
|
(10) The Minister may, after consultation
with the Minister of Canadian Heritage and
the Minister of Fisheries and Oceans, make
regulations respecting the entering into of
agreements, the issuance of permits and the
renewal, revocation, amendment and
suspension of agreements and permits.
|
|
| Competent
minister
acting under
other Acts
|
74. An agreement, permit, licence, order or
other similar document authorizing a person
or organization to engage in an activity
affecting a listed wildlife species, any part of
its critical habitat or the residences of its
individuals that is entered into, issued or made
by the competent minister under another Act
of Parliament has the same effect as an
agreement or permit under subsection 73(1) if
|
|
|
|
(a) before it is entered into, issued or made,
the competent minister is of the opinion that
the requirements of subsections 73(2) to (6)
and (9) are met; and
|
|
|
|
(b) after it is entered into, issued or made,
the competent minister complies with the
requirements of subsection 73(7).
|
|
| Adding terms
and
conditions
|
75. (1) A competent minister may add terms
and conditions to protect a listed wildlife
species, any part of its critical habitat or the
residences of its individuals to any agreement,
permit, licence, order or other similar
document authorizing a person to engage in an
activity affecting the species, any part of its
critical habitat or the residences of its
individuals that is entered into, issued or made
by the competent minister under another Act
of Parliament.
|
|
| Amending
terms and
conditions
|
(2) A competent minister may also revoke
or amend any term or condition in any of those
documents to protect a listed wildlife species,
any part of its critical habitat or the residences
of its individuals.
|
|
| Treaties and
land claims
agreements
|
(3) The competent minister must take into
account any applicable provisions of treaty
and land claims agreements when carrying out
his or her powers under this section.
|
|
| Exemption for
existing
agreements,
permits, etc.
|
76. The Governor in Council may, on the
recommendation of a competent minister, by
order, provide that section 32, 33, 36, 58, 60 or
61, or any regulation made under section 53,
59 or 71, does not apply, for a period of up to
one year from the date of listing of a wildlife
species, to agreements, permits, licences,
orders or other similar documents authorizing
persons to engage in an activity affecting the
listed wildlife species, any part of its critical
habitat or the residences of its individuals that
were entered into, issued or made under
another Act of Parliament before the species
was listed.
|
|
| Licences,
permits, etc.,
under other
Acts of
Parliament
|
77 (1) Despite any other Act of Parliament,
any person or body, other than a competent
minister, authorized under any Act of
Parliament, other than this Act, to issue or
approve a licence, a permit or any other
authorization that authorizes an activity that
may result in the destruction of any part of the
critical habitat of a listed wildlife species may
enter into, issue, approve or make the
authorization only if the person or body has
consulted with the competent minister, has
considered the impact on the species' critical
habitat and is of the opinion that
|
|
|
|
(a) all reasonable alternatives to the activity
that would reduce the impact on the
species' critical habitat have been
considered and the best solution has been
adopted; and
|
|
|
|
(b) all feasible measures will be taken to
minimize the impact of the activity on the
species' critical habitat.
|
|
| Application of
section 58
|
(2) For greater certainty, section 58 applies
even though a licence, a permit or any other
authorization has been issued in accordance
with subsection (1).
|
|
| Agreements
and permits
under other
provincial and
territorial Acts
|
78. (1) An agreement, permit, licence, order
or other similar document authorizing a
person to engage in an activity affecting a
listed wildlife species, any part of its critical
habitat or the residences of its individuals that
is entered into, issued or made under an Act of
the legislature of a province or a territory by
a provincial or territorial minister with whom
a competent minister has entered into an
agreement under section 10 has the same
effect as an agreement or permit under
subsection 73(1) if
|
|
|
|
(a) before it is entered into, issued or made,
the provincial or territorial minister
determines that the requirements of
subsections 73(2), (3), (6) and (9) are met;
and
|
|
|
|
(b) after it is entered into, issued or made,
the provincial or territorial minister
complies with the requirements of
subsection 73(7).
|
|
| Interpretation
|
(2) For the purpose of subsection (1), the
references to ``competent minister'' in
subsections 73(2), (3), (6) and (7) are to be
read as references to ``provincial minister'' or
``territorial minister'', as the case may be.
|
|
