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| Public registry
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120. The Minister must establish a public
registry for the purpose of facilitating access
to documents relating to matters under this
Act.
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| Regulations
|
121. 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 respecting the form
of the public registry, the keeping of the public
registry and access to it.
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| 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 of
Canadian Heritage, 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.
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| 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:
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(a) regulations and orders made under this
Act;
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(b) agreements entered into under section
10;
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(c) COSEWIC's criteria for the
classification of wildlife species;
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(d) status reports on wildlife species that
COSEWIC has had prepared or has
received with an application;
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(e) the List of Wildlife Species at Risk;
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(f) codes of practice, national standards or
guidelines established under this Act;
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(g) agreements and reports filed under
section 111 or subsection 113(2) or notices
that those agreements or reports have been
filed in court and are available to the public;
and
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(h) every report made under sections 126
and 128.
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| 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.
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| Regulations
|
125. (1) The Governor in Council may, on
the recommendation of the Minister and the
President of the Treasury Board, after the
Minister has consulted the Minister of
Canadian Heritage and the Minister of
Fisheries and Oceans, make regulations
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(a) prescribing the fees and charges, or the
manner of determining them, that may be
charged for agreements or permits under
section 73, for amendments to or for the
renewal of such agreements or permits, for
copies of documents in the public registry
and for the inclusion of a document in the
public registry;
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(b) exempting any person or class of
persons from the requirement to pay any of
those fees or charges; and
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(c) generally, in respect of any condition or
any other matter in relation to the payment
of those fees or charges.
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| Recovery of
fees
|
(2) A fee or charge required by the
regulations to be paid constitutes a debt due to
Her Majesty in right of Canada and may be
recovered in any court of competent
jurisdiction.
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| 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:
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(a) COSEWIC's assessments and the
Minister's response to each of them;
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(b) the preparation and implementation of
recovery strategies, action plans and
management plans;
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(c) all agreements made under sections 10
to 13;
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(d) all agreements entered into and permits
issued under section 73 and all agreements
and permits amended under section 75 or
exempted under section 76;
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(e) enforcement and compliance actions
taken, including the response to any
requests for investigation;
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(f) regulations and emergency orders made
under this Act; and
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(g) any other matters that the Minister
considers relevant.
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| Convening
round table
|
127. (1) The Minister must, at least once
every two years, convene a round table of
persons interested in matters respecting the
protection of wildlife species at risk in Canada
to advise the Minister on those matters.
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| Recommendat
ions to be in
public registry
|
(2) Any written recommendations from the
round table must be included in the public
registry.
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| Response of
Minister
|
(3) The Minister must respond to any
written recommendations from the round
table within 180 days after receiving them and
a copy of the Minister's response must be
included in the public registry.
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| 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.
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| 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.
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| Assessment of
status
|
130. (1) COSEWIC must assess the status of
each wildlife species set out in Schedule 2 or
3, and, as part of the assessment, identify
existing and potential threats to the species
and
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(a) classify the species as extinct,
extirpated, endangered, threatened or of
special concern;
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(b) indicate that COSEWIC does not have
sufficient information to classify the
species; or
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(c) indicate that the species is not currently
at risk.
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| Time for
assessment -
Schedule 2
|
(2) In the case of a species set out in
Schedule 2, the assessment must be completed
within 30 days after section 14 comes into
force.
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| Deemed
classification
|
(3) If an assessment of a wildlife species set
out in Schedule 2 is not completed within the
required time or, if there has been an
extension, within the extended time,
COSEWIC is deemed to have classified the
species as indicated in Schedule 2.
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| Time for
assessment -
Schedule 3
|
(4) In the case of a species set out in
Schedule 3, the assessment must be completed
within one year after the competent minister
requests the assessment. If there is more than
one competent minister with respect to the
species, they must make the request jointly.
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| Extension
|
(5) The Governor in Council may, on the
recommendation of the Minister after
consultation with the competent minister or
ministers, by order, extend the time provided
for the assessment of any species set out in
Schedule 2 or 3. The Minister must include a
statement in the public registry setting out the
reasons for the extension.
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| Provisions
apply
|
(6) Subsections 15(2) and (3) and 21(1) and
section 25 apply with respect to assessments
under subsection (1).
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| Recent reports
|
(7) In making its assessment of a wildlife
species, COSEWIC may take into account and
rely on any report on the species that was
prepared in the two-year period before this
Act receives royal assent.
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| 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.
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|
| 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.
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| 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.
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| R.S., c. W-9;
1994, c. 23,
s. 2(F)
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134. Section 4 of the Canada Wildlife Act
is amended by adding the following after
subsection (2):
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| Powers in
relation to
lands
administered
by other
ministers
|
(3) If public lands under the administration
of a minister of the Crown other than the
Minister are, in the opinion of the Minister and
the other minister, required for wildlife
research, conservation or interpretation, the
Governor in Council may, on the
recommendation of both ministers, by order,
authorize the Minister to exercise, with the
concurrence of the other minister, the powers
referred to in subsection (2) in relation to those
lands or any portion of them specified in the
order.
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|
|
135. The Act is amended by adding the
following after section 4.1:
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| Delegation by
Minister
|
4.2 (1) The Minister may delegate to any
minister of the Crown in right of Canada any
power conferred on the Minister under this
Act. The other minister may then exercise the
power subject to any terms and conditions that
the Minister specifies.
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| Sub-delegatio
n
|
(2) The other minister may delegate any
power delegated under subsection (1) to any
person employed in any department for which
that other minister is responsible.
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| 1991, c. 50,
s. 48(1)
|
136. (1) Paragraph 12(a) of the Act is
replaced by the following:
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(a) prohibiting entry, generally or for any
specified period or purpose, of any person
on lands under the administration of the
Minister, or on public lands referred to in an
order made under subsection 4(3), or on any
part of those lands;
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| 1994, c. 23,
s. 14(3)
|
(2) Paragraphs 12(i) and (j) of the Act are
replaced by the following:
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(i) prescribing measures for the
conservation of wildlife
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(i) on public lands the administration of
which has been assigned to the Minister
pursuant to any federal law,
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(ii) on public lands referred to in an order
made under subsection 4(3), or
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(iii) in any protected marine areas
established pursuant to subsection
4.1(1); and
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(j) respecting the establishment of facilities
or the construction, maintenance and
operation of works for wildlife research,
conservation and interpretation
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(i) on public lands the administration of
which has been assigned to the Minister
pursuant to any federal law,
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(ii) on public lands referred to in an order
made under subsection 4(3), or
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|
(iii) in any protected marine areas
established pursuant to subsection 4.1(1).
|
|
| 1992, c. 37
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|
|
137. The definition ``environmental
effect'' in subsection 2(1) of the Canadian
Environmental Assessment Act is replaced
by the following:
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``environment
al effect''
« effets
environnemen
taux »
|
``environmental effect'' means, in respect of a
project,
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(a) any change that the project may cause
in the environment, including any change
it may cause to a listed wildlife species,
its critical habitat or the residences of
individuals of that species, as those terms
are defined in subsection 2(1) of the
Species at Risk Act,
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(b) any effect of any change referred to in
paragraph (a) on
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(i) health and socio-economic
conditions,
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(ii) physical and cultural heritage,
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(iii) the current use of lands and
resources for traditional purposes by
aboriginal persons, or
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(iv) any structure, site or thing that is
of historical, archaeological,
paleontological or architectural
significance, or
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(c) any change to the project that may be
caused by the environment,
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whether any such change or effect occurs
within or outside Canada;
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