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

Marginal note:Contents

10.2 The stewardship action plan must include, but is not limited to, commitments to

• (a) regularly examine incentives and programs that support actions taken by persons to protect species at risk;

• (b) provide information and increase public awareness about species at risk;

• (c) methods for sharing information about species at risk, including community and aboriginal traditional knowledge, that respect, preserve and maintain knowledge and promote their wider application with the approval of the holders of such knowledge, with other governments and persons;

• (d) create awards and recognition programs;

• (e) provide information respecting programs related to stewardship agreements, land conservation easements and other such agreements; and

• (f) provide information relating to the technical and scientific support available to persons engaged in stewardship activities.

Stewardship

Marginal note:Conservation agreements — species at risk

• 11 (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into a conservation agreement with any government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild.

• Marginal note:Contents

  (2) The agreement must provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, and may include measures with respect to

  • (a) monitoring the status of the species;

  • (b) developing and implementing education and public awareness programs;

  • (c) developing and implementing recovery strategies, action plans and management plans;

  • (d) protecting the species’ habitat, including its critical habitat; or

  • (e) undertaking research projects in support of recovery efforts for the species.

Marginal note:Conservation agreements — other species

• 12 (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into an agreement with any government in Canada, organization or person to provide for the conservation of a wildlife species that is not a species at risk.

• Marginal note:Contents

  (2) The agreement may provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, including measures with respect to

  • (a) monitoring the status of the species;

  • (b) developing and implementing education and public awareness programs;

  • (c) protecting the species’ habitat; and

  • (d) preventing the species from becoming a species at risk.

Marginal note:Funding agreements

• 13 (1) A competent minister may enter into an agreement with any government in Canada, organization or person to provide for the payment of contributions towards the costs of programs and measures for the conservation of wildlife species, including programs and measures under an agreement entered into under subsection 11(1) or 12(1).

• Marginal note:Provisions to be included

  (2) The agreement must specify

  • (a) the contribution towards the cost of the program or measure that is payable by any party and the time or times at which any amounts under the agreement will be paid;

  • (b) the authority or person who will be responsible for operating and maintaining the program or measure or any part of it;

  • (c) the proportions of any revenue from the program or measure that is payable to the parties; and

  • (d) the terms and conditions governing the operation and maintenance of the program or measure.

Wildlife Species Listing Process

Committee on the Status of Endangered Wildlife in Canada

Marginal note:Establishment

14 The Committee on the Status of Endangered Wildlife in Canada is hereby established.

Marginal note:Functions

• 15 (1) The functions of COSEWIC are to

  • (a) assess the status of each wildlife species considered by COSEWIC to be at risk and, as part of the assessment, identify existing and potential threats to the species and

    • (i) classify the species as extinct, extirpated, endangered, threatened or of special concern,

    • (ii) indicate that COSEWIC does not have sufficient information to classify the species, or

    • (iii) indicate that the species is not currently at risk;

  • (b) determine when wildlife species are to be assessed, with priority given to those more likely to become extinct;

  • (c) conduct a new assessment of the status of species at risk and, if appropriate, reclassify or declassify them;

  • (c.1) indicate in the assessment whether the wildlife species migrates across Canada’s boundary or has a range extending across Canada’s boundary;

  • (d) develop and periodically review criteria for assessing the status of wildlife species and for classifying them and recommend the criteria to the Minister and the Canadian Endangered Species Conservation Council; and

  • (e) provide advice to the Minister and the Canadian Endangered Species Conservation Council and perform any other functions that the Minister, after consultation with that Council, may assign.

• Marginal note:Best information and knowledge

  (2) COSEWIC must carry out its functions on the basis of the best available information on the biological status of a species, including scientific knowledge, community knowledge and aboriginal traditional knowledge.

• Marginal note:Treaties and land claims agreements

  (3) COSEWIC must take into account any applicable provisions of treaty and land claims agreements when carrying out its functions.

Marginal note:Composition

• 16 (1) COSEWIC is to be composed of members appointed by the Minister after consultation with the Canadian Endangered Species Conservation Council and with any experts and expert bodies, such as the Royal Society of Canada, that the Minister considers to have relevant expertise.

• Marginal note:Qualifications of members

  (2) Each member must have expertise drawn from a discipline such as conservation biology, population dynamics, taxonomy, systematics or genetics or from community knowledge or aboriginal traditional knowledge of the conservation of wildlife species.

• Marginal note:Term of appointment

  (3) The members are to be appointed to hold office for renewable terms of not more than four years.

• Marginal note:Not part of the public service of Canada

  (4) The members are not, because of being a member, part of the public service of Canada.

• Marginal note:Remuneration and expenses

  (5) The members may be paid remuneration and expenses for their services in amounts that the Minister may set.

• Marginal note:Discretion

  (6) Each member of COSEWIC shall exercise his or her discretion in an independent manner.

Marginal note:Regulations and guidelines

17 The Minister may, after consultation with the Canadian Endangered Species Conservation Council and COSEWIC, establish regulations or guidelines respecting the appointment of members and the carrying out of COSEWIC’s functions.

Marginal note:Subcommittees

• 18 (1) COSEWIC must establish subcommittees of specialists to assist in the preparation and review of status reports on wildlife species considered to be at risk, including subcommittees specializing in groups of wildlife species and a subcommittee specializing in aboriginal traditional knowledge, and it may establish other subcommittees to advise it or to exercise or perform any of its functions.

• Marginal note:Membership

  (2) Each subcommittee must be presided over by a member of COSEWIC, but the subcommittee may include persons who are not members of COSEWIC.

• Marginal note:Aboriginal traditional knowledge subcommittee

  (3) Subject to subsection (2), the chairperson and members of the aboriginal traditional knowledge subcommittee must be appointed by the Minister after consultation with any aboriginal organization he or she considers appropriate.

Marginal note:Rules

19 COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including rules respecting

• (a) the selection of persons to chair its meetings; and

• (b) the meetings and activities of any of its subcommittees.

Marginal note:Staff and facilities

20 The Minister must provide COSEWIC with any professional, technical, secretarial, clerical and other assistance, and any facilities and supplies, that, in his or her opinion, are necessary to carry out its functions.

Marginal note:Status reports

• 21 (1) COSEWIC’s assessment of the status of a wildlife species must be based on a status report on the species that COSEWIC either has had prepared or has received with an application.

• Marginal note:Content

  (2) The Minister may, after consultation with COSEWIC, the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports.

Marginal note:Applications

• 22 (1) Any person may apply to COSEWIC for an assessment of the status of a wildlife species.

• Marginal note:Regulations

  (2) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.

Marginal note:Time for assessment

• 23 (1) COSEWIC must assess the status of a wildlife species within one year after it receives a status report on the species, and it must provide reasons for its assessment.

• Marginal note:Notification of applicant

  (2) If the assessment results from an application, COSEWIC must notify the applicant of the assessment and the reasons.

Reviews and Reports

Marginal note:Review of classifications

24 COSEWIC must review the classification of each species at risk at least once every 10 years, or at any time if it has reason to believe that the status of the species has changed significantly.

Marginal note:Copies to Minister and Council

• 25 (1) When COSEWIC completes an assessment of the status of a wildlife species, it must provide the Minister and the Canadian Endangered Species Conservation Council with a copy of the assessment and the reasons for it. A copy of the assessment and the reasons must also be included in the public registry.

• Marginal note:COSEWIC list

  (2) COSEWIC must annually prepare a complete list of every wildlife species it has assessed since the coming into force of this section and a copy of that list must be included in the public registry.

• Marginal note:Report on response

  (3) On receiving a copy of an assessment of the status of a wildlife species from COSEWIC under subsection (1), the Minister must, within 90 days, include in the public registry a report on how the Minister intends to respond to the assessment and, to the extent possible, provide time lines for action.

Marginal note:Annual reports

26 COSEWIC must annually provide a report on its activities to the Canadian Endangered Species Conservation Council and a copy of that report must be included in the public registry.

List of Wildlife Species at Risk

Marginal note:Power to amend List

• 27 (1) The Governor in Council may, on the recommendation of the Minister, by order amend the List in accordance with subsections (1.1) and (1.2) by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species, and the Minister may, by order, amend the List in a similar fashion in accordance with subsection (3).

• Marginal note:Decision in respect of assessment

  (1.1) Subject to subsection (3), the Governor in Council, within nine months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister,

  • (a) accept the assessment and add the species to the List;

  • (b) decide not to add the species to the List; or

  • (c) refer the matter back to COSEWIC for further information or consideration.

• Marginal note:Statement of reasons

  (1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b) or (c), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons.

• Marginal note:Pre-conditions for recommendation

  (2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must

  • (a) take into account the assessment of COSEWIC in respect of the species;

  • (b) consult the competent minister or ministers; and

  • (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 a wildlife species, consult the wildlife management board.

• Marginal note:Amendment of List by Minister

  (3) Where the Governor in Council has not taken a course of action under subsection (1.1) within nine months after receiving an assessment of the status of a species by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC’s assessment.

Marginal note:Applications for assessment of imminent threat

• 28 (1) Any person who considers that there is an imminent threat to the survival of a wildlife species may apply to COSEWIC for an assessment of the threat for the purpose of having the species listed on an emergency basis under subsection 29(1) as an endangered species.

• Marginal note:Information to be included in application

  (2) The application must include relevant information indicating that there is an imminent threat to the survival of the species.

• Marginal note:Regulations

  (3) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.

• Marginal note:Notice

  (4) COSEWIC must provide the applicant, the Minister and the Canadian Endangered Species Conservation Council with a copy of its assessment. A copy of the assessment must be included in the public registry.