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

Marginal note:Proposed recovery strategy

• 42. (1) Subject to subsection (2), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species.

• Marginal note:First listed wildlife species

  (2) With respect to wildlife species that are set out in Schedule 1 on the day section 27 comes into force, the competent minister must include a proposed recovery strategy in the public registry within three years after that day, in the case of a wildlife species listed as an endangered species, and within four years after that day, in the case of a wildlife species listed as a threatened species or an extirpated species.

Marginal note:Comments

• 43. (1) Within 60 days after the proposed recovery strategy is included in the public registry, any person may file written comments with the competent minister.

• Marginal note:Finalization of recovery strategy

  (2) Within 30 days after the expiry of the period referred to in subsection (1), the competent minister must consider any comments received, make any changes to the proposed recovery strategy that he or she considers appropriate and finalize the recovery strategy by including a copy of it in the public registry.

Marginal note:Existing plans

• 44. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of subsection 41(1) or (2), and the plan is adopted by the competent minister as the proposed recovery strategy, he or she must include it in the public registry as the proposed recovery strategy in relation to the species.

• Marginal note:Incorporation of existing plans

  (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed recovery strategy for the species.

Marginal note:Amendments

• 45. (1) The competent minister may at any time amend the recovery strategy. A copy of the amendment must be included in the public registry.

• Marginal note:Amendments relating to time for completing action plan

  (2) If the amendment relates to the time for completing an action plan, the competent minister must provide reasons for the amendment and include a copy of the reasons in the public registry.

• Marginal note:Amendment procedure

  (3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require.

• Marginal note:Exception

  (4) Subsection (3) does not apply if the competent minister considers the amendment to be minor.

Marginal note:Reporting

46. The competent minister must report on the implementation of the recovery strategy, and the progress towards meeting its objectives, within five years after it is included in the public registry and in every subsequent five-year period, until its objectives have been achieved or the species’ recovery is no longer feasible. The report must be included in the public registry.

Action Plan

Marginal note:Preparation

47. The competent minister in respect of a recovery strategy must prepare one or more action plans based on the recovery strategy. If there is more than one competent minister with respect to the recovery strategy, they may prepare the action plan or plans together.

Marginal note:Cooperation with other ministers and governments

• 48. (1) To the extent possible, an action plan must be prepared in cooperation with

  • (a) the appropriate provincial and territorial minister of each province and territory in which the listed wildlife species is found;

  • (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found;

  • (c) 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;

  • (d) every aboriginal organization that the competent minister considers will be directly affected by the action plan; and

  • (e) any other person or organization that the competent minister considers appropriate.

• Marginal note:Land claims agreement

  (2) If the listed wildlife 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, an action plan must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement.

• Marginal note:Consultation

  (3) To the extent possible, an action plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the action plan, including the government of any other country in which the species is found.

Marginal note:Contents

• 49. (1) An action plan must include, with respect to the area to which the action plan relates,

  • (a) an identification of the species’ critical habitat, to the extent possible, based on the best available information and consistent with the recovery strategy, and examples of activities that are likely to result in its destruction;

  • (b) a statement of the measures that are proposed to be taken to protect the species’ critical habitat, including the entering into of agreements under section 11;

  • (c) an identification of any portions of the species’ critical habitat that have not been protected;

  • (d) a statement of the measures that are to be taken to implement the recovery strategy, including those that address the threats to the species and those that help to achieve the population and distribution objectives, as well as an indication as to when these measures are to take place;

  • (d.1) the methods to be used to monitor the recovery of the species and its long-term viability;

  • (e) an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation; and

  • (f) any other matters that are prescribed by the regulations.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(f) prescribing matters to be included in an action plan.

Marginal note:Proposed action plan

• 50. (1) The competent minister must include a proposed action plan in the public registry.

• Marginal note:Comments

  (2) Within 60 days after the proposed action plan is included in the public registry, any person may file written comments with the competent minister.

• Marginal note:Finalization of action plan

  (3) Within 30 days after the expiry of the period referred to in subsection (2), the competent minister must consider any comments received, make any changes to the proposed action plan that he or she considers appropriate and finalize the action plan by including a copy of it in the public registry.

• Marginal note:SUMMARY if action plan not completed in time

  (4) If an action plan is not finalized in the time set out in the recovery strategy, the competent minister must include in the public registry a summary of what has been prepared with respect to the plan.

Marginal note:Existing plans

• 51. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of section 49, and the plan is adopted by the competent minister as a proposed action plan, he or she must include it in the public registry as a proposed action plan in relation to the species.

• Marginal note:Incorporation of existing plans

  (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed action plan for the species.

Marginal note:Amendments

• 52. (1) The competent minister may at any time amend an action plan. A copy of the amendment must be included in the public registry.

• Marginal note:Amendment procedure

  (2) Section 48 applies to amendments to an action plan, with any modifications that the circumstances require.

• Marginal note:Exception

  (3) Subsection (2) does not apply if the competent minister considers the amendment to be minor.

Marginal note:Regulations

• 53. (1) The competent minister must, with respect to aquatic species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, make any regulations that are necessary in the opinion of the competent minister for the purpose of implementing the measures included in an action plan, but, if the measures relate to the protection of critical habitat on federal lands, the regulations must be made under section 59.

• Marginal note:Consultation

  (2) 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 making the regulation.

• Marginal note:Consultation

  (3) 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 making the regulation.

• Marginal note:Incorporation by reference

  (4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory.

• Marginal note:Consultation

  (5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before making the regulation.

• Marginal note:Exception

  (6) Subsection (5) 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 and their habitat; or

  • (b) in respect of land under the authority of the Minister or the Parks Canada Agency.