The Act: General Prohibitions

	General Prohibitions
Killing, harming, etc., listed wildlife species	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.
Possession, collection, etc.	(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.
Deeming	(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.
Damage or destruction of residence	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.
Application - certain species in provinces	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.
Order	(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.
Obligation to make recommenda- tion	(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.
Consultation	(4) Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult
	(a) the appropriate provincial minister; and
	(b) 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.
Application - certain species in territories	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.
Exception	(2) Subsection (1) 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; or
	(b) on land under the authority of the Minister or the Parks Canada Agency.
Obligation to make recommenda- tion	(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.
Pre-conditions for recommenda- tion	(4) Before recommending that an order be made under subsection (1), the Minister must
	(a) consult the appropriate territorial minister; and
	(b) 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, consult the wildlife management board.
Prohibitions re provincial and territorial classifications	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
	(a) kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory;
	(b) possess, collect, buy, sell or trade an individual of that species that is on federal lands in the province or territory, or any part or derivative of such an individual; or
	(c) damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory.
Application	(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.