The purposes of this enactment are to prevent Canadian indigenous species, subspecies and distinct populations of wildlife from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species, to encourage the management of other species to prevent them from becoming at risk.
This enactment establishes the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) as an independent body of experts responsible for assessing and identifying species at risk. It provides that COSEWIC’s assessments are to be reported to the Minister of the Environment and to the Canadian Endangered Species Conservation Council and it authorizes the Governor in Council to establish by regulation the official list of species at risk based on that process.
It requires that the best available knowledge be used to define long- and short-term objectives in a recovery strategy for endangered and threatened species and it provides for action plans to identify specific actions.
It creates prohibitions to protect listed threatened and endangered species and their critical habitat.
It recognizes that compensation may be needed to ensure fairness following the imposition of the critical habitat prohibitions.
It creates a public registry to assist in making documents under the Act more accessible to the public.
It is consistent with Aboriginal and treaty rights and respects the authority of other federal ministers and provincial governments.
Canada’s natural heritage is an integral part of our national identity and history,
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:
1. This Act may be cited as the Species at Risk Act .
« moyen de transport »
means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods.
means the Committee on the Status of Endangered Wildlife in Canada established by section 14.
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.
means an order made under section 80.
« espèce en voie de disparition »
means a wildlife species that is facing imminent extirpation or extinction.
« espèce disparue du pays »
means a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild.
« accord sur des revendications territoriales »
means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 .
means a treaty within the meaning of section 35 of the Constitution Act, 1982 .
« conseil de gestion des ressources fauniques »
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.
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
means the List of Wildlife Species at Risk set out in Schedule 1.
means listed on the List.
means the Minister of the Environment.
means an offence under this Act.
means any minister of the government of a province who is responsible for the conservation and management of a wildlife species in that province.
means the registry established under section 120.
« programme de rétablissement »
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.
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.
includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease.
« espèce en péril »
means an extirpated, endangered or threatened species or a species of special concern.
means a wildlife species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats.
« rapport de situation »
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.
means any minister of the government of a territory who is responsible for the conservation and management of a wildlife species in that territory.
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.
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.