wildlife, in all its forms, has value in and of itself and is valued by Canadians for aesthetic, cultural, spiritual, recreational, educational, historical, economic, medical, ecological and scientific reasons,
Canadian wildlife species and ecosystems are also part of the world’s heritage and the Government of Canada has ratified the United Nations Convention on the Conservation of Biological Diversity,
providing legal protection for species at risk will complement existing legislation and will, in part, meet Canada’s commitments under that Convention,
the Government of Canada is committed to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to a wildlife species, cost-effective measures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty,
responsibility for the conservation of wildlife in Canada is shared among the governments in this country and that it is important for them to work cooperatively to pursue the establishment of complementary legislation and programs for the protection and recovery of species at risk in Canada,
it is important that there be cooperation between the governments in this country to maintain and strengthen national standards of environmental conservation and that the Government of Canada is committed to the principles set out in intergovernmental agreements respecting environmental conservation,
the Canadian Endangered Species Conservation Council is to provide national leadership for the protection of species at risk, including the provision of general direction to the Committee on the Status of Endangered Wildlife in Canada in respect of that Committee’s activities and general directions in respect of the development, coordination and implementation of recovery efforts,
the roles of the aboriginal peoples of Canada and of wildlife management boards established under land claims agreements in the conservation of wildlife in this country are essential,
all Canadians have a role to play in the conservation of wildlife in this country, including the prevention of wildlife species from becoming extirpated or extinct,
there will be circumstances under which the cost of conserving species at risk should be shared,
the conservation efforts of individual Canadians and communities should be encouraged and supported,
stewardship activities contributing to the conservation of wildlife species and their habitat should be supported to prevent species from becoming at risk,
community knowledge and interests, including socio-economic interests, should be considered in developing and implementing recovery measures,
the traditional knowledge of the aboriginal peoples of Canada should be considered in the assessment of which species may be at risk and in developing and implementing recovery measures,
knowledge of wildlife species and ecosystems is critical to their conservation,
the habitat of species at risk is key to their conservation, and
Canada’s protected areas, especially national parks, are vital to the protection and recovery of species at risk,
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note: Short title
1 This Act may be cited as the Species at Risk Act .
Marginal note: Definitions
means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods. ( moyen de transport )
means the Committee on the Status of Endangered Wildlife in Canada established by section 14. ( COSEPAC )
means the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species. ( habitat essentiel )
means an order made under section 80. ( décret d’urgence )
means a wildlife species that is facing imminent extirpation or extinction. ( espèce en voie de disparition )
means a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild. ( espèce disparue du pays )
means an individual of a wildlife species, whether living or dead, at any developmental stage and includes larvae, embryos, eggs, sperm, seeds, pollen, spores and asexual propagules. ( individu )
means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 . ( accord sur des revendications territoriales )
means the List of Wildlife Species at Risk set out in Schedule 1. ( liste )
means listed on the List. ( inscrite )
means the Minister of the Environment. ( ministre )
means an offence under this Act. ( infraction )
means any minister of the government of a province who is responsible for the conservation and management of a wildlife species in that province. ( ministre provincial )
means the registry established under section 120. ( registre )
means a recovery strategy included in the public registry under subsection 43(2), and includes any amendment to it included in the public registry under section 45. ( programme de rétablissement )
means a dwelling-place, such as a den, nest or other similar area or place, that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating. ( résidence )
includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease. ( vente )
means an extirpated, endangered or threatened species or a species of special concern. ( espèce en péril )
means a wildlife species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats. ( espèce préoccupante )
means a report, prepared in accordance with the requirements of regulations made under subsection 21(2), that contains a summary of the best available information on the status of a wildlife species, including scientific knowledge, community knowledge and aboriginal traditional knowledge. ( rapport de situation )
means any minister of the government of a territory who is responsible for the conservation and management of a wildlife species in that territory. ( ministre territorial )
means a wildlife species that is likely to become an endangered species if nothing is done to reverse the factors leading to its extirpation or extinction. ( espèce menacée )
means a treaty within the meaning of section 35 of the Constitution Act, 1982 . ( traité )
means any board or other body established under a land claims agreement that is authorized by the agreement to perform functions in respect of wildlife species. ( conseil de gestion des ressources fauniques )
means a species, subspecies, variety or geographically or genetically distinct population of animal, plant or other organism, other than a bacterium or virus, that is wild by nature and
Marginal note: Aboriginal and treaty rights
3 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Marginal note: Sedentary living organisms
Marginal note: Binding on Her Majesty
5 This Act is binding on Her Majesty in right of Canada or a province.
Marginal note: Purposes
6 The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened.
Marginal note: Composition
Marginal note: Responsibility of Minister
Marginal note: National Aboriginal Council on Species at Risk
8.1 The Minister shall establish a Council, to be known as the National Aboriginal Council on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate. The role of the Council is to
Marginal note: Advisory committees to assist Minister
Marginal note: Administrative agreements
10 A competent minister may, after consultation with every other competent minister, enter into an agreement with any government in Canada, organization or wildlife management board with respect to the administration of any provision of this Act for which that competent minister has responsibility, including the preparation and implementation of recovery strategies, action plans and management plans.
Marginal note: Stewardship action plan
10.1 The Minister, after consultation with the Canadian Endangered Species Conservation Council, may establish a stewardship action plan that creates incentives and other measures to support voluntary stewardship actions taken by any government in Canada, organization or person. A copy of the stewardship action plan must be included in the public registry.
Marginal note: Contents
10.2 The stewardship action plan must include, but is not limited to, commitments to
Marginal note: Conservation agreements — species at risk
Marginal note: Conservation agreements — other species
Marginal note: Funding agreements
Marginal note: Establishment
14 The Committee on the Status of Endangered Wildlife in Canada is hereby established.
Marginal note: Functions
Marginal note: Composition
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
Marginal note: Rules
19 COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including rules respecting
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
Marginal note: Applications
Marginal note: Time for assessment
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
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.
Marginal note: Power to amend List
Marginal note: Applications for assessment of imminent threat
Marginal note: Emergency listing
Marginal note: Review
Marginal note: Recommendation to amend List
31 If COSEWIC makes a recommendation under paragraph 30(1)(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List.
Marginal note: Killing, harming, etc., listed wildlife species
Marginal note: 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.
Marginal note: Application — certain species in provinces
Marginal note: Application — certain species in territories
Marginal note: Prohibitions re provincial and territorial classifications
Marginal note: Preparation — endangered or threatened species
Marginal note: Commitments to be considered
38 In preparing a recovery strategy, action plan or management plan, the competent minister must consider the commitment of the Government of Canada to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to the listed wildlife species, cost-effective measures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty.
Marginal note: Cooperation with others
Marginal note: Determination of feasibility
40 In preparing the recovery strategy, the competent minister must determine whether the recovery of the listed wildlife species is technically and biologically feasible. The determination must be based on the best available information, including information provided by COSEWIC.
Marginal note: Contents if recovery feasible
Marginal note: Proposed recovery strategy
Marginal note: Comments
Marginal note: Existing plans
Marginal note: Amendments
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.
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
Marginal note: Contents
Marginal note: Proposed action plan
Marginal note: Existing plans
Marginal note: Amendments
Marginal note: Regulations
Marginal note: Use of powers under other Acts
54 For the purpose of implementing the measures included in an action plan, the competent minister may use any powers that he or she has under any other Act of Parliament.
Marginal note: Monitoring and reporting
55 The competent minister must monitor the implementation of an action plan and the progress towards meeting its objectives and assess and report on its implementation and its ecological and socio-economic impacts five years after the plan comes into effect. A copy of the report must be included in the public registry.
Marginal note: 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.
Marginal note: 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
Marginal note: Destruction of critical habitat
Marginal note: Regulations re federal lands
Marginal note: Provincial and territorial classifications
Marginal note: Destruction of critical habitat
Marginal note: 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.
Marginal note: 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.
Marginal note: Compensation
Marginal note: Preparation of management plan
65 If a wildlife species is listed as a species of special concern, the competent minister must prepare a management plan for the species and its habitat. The plan must include measures for the conservation of the species that the competent minister considers appropriate and it may apply with respect to more than one wildlife species.
Marginal note: Cooperation with other ministers and governments
Marginal note: Multi-species or ecosystem approach permissible
67 The competent minister may adopt a multi-species or an ecosystem approach when preparing the management plan if he or she considers it appropriate to do so.
Marginal note: Proposed management plan
Marginal note: Existing plans
Marginal note: Amendments
Marginal note: Regulations
Marginal note: Monitoring
72 The competent minister must monitor the implementation of the management plan and must assess its implementation five years after the plan is included in the public registry, and in every subsequent five-year period, until its objectives have been achieved. The report must be included in the public registry.
Marginal note: Powers of competent minister
Marginal note: 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
Marginal note: Adding terms and conditions
Marginal note: 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.
Marginal note: Licences, permits, etc., under other Acts of Parliament
Marginal note: Agreements and permits under other provincial and territorial Acts
Marginal note: Clarification — renewals
78.1 For greater certainty, a reference in any of sections 73 to 78 to the entering into, issuing, making or approving of any agreement, permit, licence, order or other similar document or authorization, includes renewing it, and a reference in any of those sections or in paragraph 97(1)(c) to any such document or authorization includes one that has been renewed.
Marginal note: Notification of Minister
Marginal note: Emergency order
Marginal note: Equivalent measures
81 Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species.
Marginal note: Recommendation to repeal
82 If the competent minister is of the opinion that the species to which the emergency order relates would no longer face imminent threats to its survival or recovery even if the order were repealed, he or she must make a recommendation to the Governor in Council that the emergency order be repealed.
Marginal note: General exceptions
Marginal note: Regulations
84 The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g).
Marginal note: Enforcement officers
Marginal note: Inspections
Marginal note: Custody of things seized
Marginal note: Disposition by competent minister
88 Any thing that has been forfeited or abandoned under this Act is to be dealt with and disposed of as the competent minister may direct.
Marginal note: Liability for costs
89 The lawful owner and any person lawfully entitled to possession of any thing seized, forfeited or abandoned under this Act and who has been convicted of an offence under this Act in relation to that thing, are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act.
Marginal note: Right of passage
90 An enforcement officer may, while carrying out powers, duties or functions under this Act, enter on and pass through or over private property without being liable for trespass or without the owner of the property having the right to object to that use of the property.
Marginal note: Assistance
91 The owner or the person in charge of a place entered by an enforcement officer under section 86, and every person found in the place, must
Marginal note: Obstruction
92 While an enforcement officer is exercising powers or carrying out duties or functions under this Act, no person shall
Marginal note: Application for investigation
Marginal note: Investigation
Marginal note: Competent minister may send evidence to Attorney General
95 At any stage of the investigation, the competent minister may send any documents or other evidence to the Attorney General for a consideration of whether an offence has been or is about to be committed, and for any action that the Attorney General may wish to take.
Marginal note: Suspension or conclusion of investigation
Marginal note: Offences
Marginal note: Officers, etc., of corporations
98 If a corporation commits an offence, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, or acquiesced or participated in, the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Marginal note: Offences by employees or agents or mandataries
99 In any prosecution for an offence, the accused may be convicted of the offence if it is established that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee, agent or mandatary has been prosecuted for the offence.
Marginal note: Due diligence
100 Due diligence is a defence in a prosecution for an offence.
Marginal note: Venue
101 A prosecution for an offence may be instituted, heard and determined in the place where the offence was committed, the subject-matter of the prosecution arose, the accused was apprehended or the accused happens to be or is carrying on business.
Marginal note: Sentencing considerations
102 A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the following factors:
Marginal note: Forfeiture
Marginal note: Retention or sale
104 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.
Marginal note: Orders of court
105 If a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:
Marginal note: Suspended sentence
Marginal note: Limitation period
Marginal note: When alternative measures may be used
Marginal note: Terms and conditions in agreement
Marginal note: Duration of agreement
110 An alternative measures agreement comes into effect on the day on which it is concluded or on any later day that is specified in the agreement and continues in effect for a period of not more than three years.
Marginal note: Filing in court for purpose of public access
Marginal note: Stay of proceedings
Marginal note: Application to vary agreement
Marginal note: Application of provisions dealing with records
114 Sections 115 to 117 apply only in respect of persons who have entered into an alternative measures agreement, regardless of the degree of their compliance with the terms and conditions of the agreement.
Marginal note: Disclosure of information by peace officer or enforcement officer
115 Where it is necessary in the conduct of an investigation of an offence, a peace officer or enforcement officer may disclose to a department or agency of a government in Canada any information in a record relating to an offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person.
Marginal note: Government records
Marginal note: Disclosure of records
Marginal note: Information exchange agreements
118 The competent minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of a person’s compliance with an alternative measures agreement.
Marginal note: Regulations
119 The competent minister may make regulations respecting the alternative measures that may be used for the purposes of this Act including regulations respecting
Marginal note: Public registry
120 The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act.
Marginal note: Regulations
121 The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations respecting the form of the public registry, the keeping of the public registry and access to it.
Marginal note: Protection from proceedings
122 Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure.
Marginal note: Documents to be in public registry
123 The public registry shall contain every document required to be included in the public registry by this Act and the following documents, or a copy of the following documents:
Marginal note: Restriction
124 The Minister, on the advice of COSEWIC, may restrict the release of any information required to be included in the public registry if that information relates to the location of a wildlife species or its habitat and restricting its release would be in the best interests of the species.
Marginal note: Regulations
Marginal note: Annual report to Parliament
126 The Minister must annually prepare a report on the administration of this Act during the preceding calendar year and must have a copy of the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report. The report must include a summary addressing the following matters:
Marginal note: Convening round table
Marginal note: Reports on status of wildlife species
128 Five years after this section comes into force and at the end of each subsequent period of five years, the Minister must prepare a general report on the status of wildlife species. The Minister must have the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report.
Marginal note: Parliamentary review of Act
129 Five years after this section comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.
Marginal note: Assessment of status
Marginal note: Section 27 applies
131 Section 27 applies in respect of a wildlife species referred to in section 130 that COSEWIC classifies as extinct, extirpated, endangered, threatened or of special concern or that is deemed to have been so classified.
Marginal note: Time for recovery strategy
132 If a wildlife species is added to the List by the Governor in Council as the result of an assessment under section 130, the recovery strategy for the species must be prepared within three years after the listing in the case of an endangered species, and within four years in the case of a threatened species.
Marginal note: Time for management plan
133 If a wildlife species is added to the List by the Governor in Council as a species of special concern as the result of an assessment under section 130, the management plan for the species must be prepared within five years after the listing.
134 to 141 [Amendments]
141.1 [Amendment]
Marginal note: Order of Governor in Council
Footnote * 142 Except for section 141.1, the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Return to footnote * [Note: Section 141.1 in force on assent December 12, 2002; sections 1, 134 to 136 and 138 to 141 in force March 24, 2003, see SI/2003-43; sections 2 to 31, 37 to 56, 62, 65 to 76, 78 to 84, 120 to 133 and 137 in force June 5, 2003, sections 32 to 36, 57 to 61, 63, 64, 77 and 85 to 119 in force June 1, 2004, see SI/2003-111.]