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| Notification
of Minister
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79. (1) Every person who is required by or
under an Act of Parliament to ensure that an
assessment of the environmental effects of a
project is conducted must, without delay,
notify the competent minister or ministers in
writing of the project if it is likely to affect a
listed wildlife species or its critical habitat.
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| Required
action
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(2) The person must identify the adverse
effects of the project on the listed wildlife
species and its critical habitat and, if the
project is carried out, must ensure that
measures are taken to avoid or lessen those
effects and to monitor them. The measures
must be taken in a way that is consistent with
any applicable recovery strategy and action
plans.
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| Definitions
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(3) The definitions in this subsection apply
in this section.
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``person''
« personne »
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``person'' includes an association or
organization, and a responsible authority as
defined in subsection 2(1) of the Canadian
Environmental Assessment Act.
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``project''
« projet »
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``project'' means a project as defined in
subsection 2(1) of the Canadian
Environmental Assessment Act.
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| Emergency
order
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80. (1) The Governor in Council may, on the
recommendation of the competent minister,
make an emergency order to provide for the
protection of a listed wildlife species.
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| Obligation to
make
recommendati
on
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(2) The competent minister must make the
recommendation if he or she is of the opinion
that the species faces imminent threats to its
survival or recovery.
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| Consultation
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(3) Before making a recommendation, the
competent minister must consult every other
competent minister.
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| Contents
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(4) The emergency order may
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(a) in the case of an aquatic species,
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(i) identify habitat that is necessary for
the survival or recovery of the species in
the area to which the emergency order
relates, and
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(ii) include provisions requiring the
doing of things that protect the species
and that habitat and provisions
prohibiting activities that may adversely
affect the species and that habitat;
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(b) in the case of a species that is a species
of migratory birds protected by the
Migratory Birds Convention Act, 1994,
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(i) on federal land or in the exclusive
economic zone of Canada,
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(A) identify habitat that is necessary
for the survival or recovery of the
species in the area to which the
emergency order relates, and
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(B) include provisions requiring the
doing of things that protect the species
and that habitat and provisions
prohibiting activities that may
adversely affect the species and that
habitat, and
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(ii) on land other than land referred to in
subparagraph (i),
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(A) identify habitat that is necessary
for the survival or recovery of the
species in the area to which the
emergency order relates, and
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(B) include provisions requiring the
doing of things that protect the species
and provisions prohibiting activities
that may adversely affect the species
and that habitat; and
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(c) with respect to any other species,
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(i) on federal land, in the exclusive
economic zone of Canada or on the
continental shelf of Canada,
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(A) identify habitat that is necessary
for the survival or recovery of the
species in the area to which the
emergency order relates, and
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(B) include provisions requiring the
doing of things that protect the species
and that habitat and provisions
prohibiting activities that may
adversely affect the species and that
habitat, and
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(ii) on land other than land referred to in
subparagraph (i),
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(A) identify habitat that is necessary
for the survival or recovery of the
species in the area to which the
emergency order relates, and
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(B) include provisions prohibiting
activities that may adversely affect the
species and that habitat.
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| Exemption
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(5) An emergency order is exempt from the
application of section 3 of the Statutory
Instruments Act.
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| Equivalent
measures
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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.
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| Recommendat
ion to repeal
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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.
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| General
exceptions
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83. (1) Subsections 32(1) and (2), section
33, subsections 36(1), 58(1), 60(1) and 61(1),
regulations made under section 53, 59 or 71
and emergency orders do not apply to a person
who is engaging in
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(a) activities related to public safety, health
or national security, that are authorized by
or under any other Act of Parliament or
activities under the Health of Animals Act
and the Plant Protection Act for the health
of animals and plants; or
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(b) activities authorized under section 73,
74 or 78 by an agreement, permit, licence,
order or similar document.
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| Authorization
of activities
under other
Acts
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(2) A power under an Act described in
paragraph (1)(a) may be used to authorize an
activity prohibited by subsection 32(1) or (2),
section 33, subsection 36(1), 58(1), 60(1) or
61(1), a regulation made under section 53, 59
or 71 or an emergency order only if the person
exercising the power
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(a) determines that the activity is necessary
for the protection of public safety, health,
including animal and plant health, or
national security; and
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(b) respects the purposes of this Act to the
greatest extent possible.
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| Exceptions -
land claims
agreements
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(3) Subsections 32(1) and (2), section 33,
subsections 36(1), 58(1), 60(1) and 61(1) and
regulations made under section 53, 59 or 71 do
not apply to a person who is engaging in
activities in accordance with conservation
measures for wildlife species under a land
claims agreement.
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| Exemptions
for permitted
activities
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(4) Subsections 32(1) and (2), section 33
and subsections 36(1), 58(1), 60(1) and 61(1)
do not apply to a person who is engaging in
activities that are permitted by a recovery
strategy, an action plan or a management plan
and who is also authorized under an Act of
Parliament to engage in that activity,
including a regulation made under section 53,
59 or 71.
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| Additional
possession
exceptions
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(5) Subsection 32(2) and paragraph
36(1)(b) do not apply to a person who
possesses an individual of a listed extirpated,
endangered or threatened species, or any part
or derivative of such an individual, if
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(a) it was in the person's possession when
the species was listed;
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(b) it is used by an aboriginal person for
ceremonial or medicinal purposes, or it is
part of ceremonial dress used for
ceremonial or cultural purposes by an
aboriginal person;
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(c) the person acquired it legally in another
country and imported it legally into
Canada;
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(d) the person acquired it by succession
from someone who was entitled to possess
it under this Act;
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(e) the person acquired it under
circumstances that would afford them a
defence under section 100 and the person
possesses it only for as long as is necessary
to donate it to a museum, a zoo, an
educational institution, a scientific society
or a government;
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(f) the person is, or is acting on behalf of, a
museum, zoo, educational institution,
scientific society or government and the
person acquired it from someone who was
entitled to possess it under this Act; or
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(g) it or the person is otherwise exempt by
the regulations.
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| Regulations
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84. 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 83(5)(g).
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| Enforcement
officers
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85. (1) A competent minister may designate
any person or person of a class of persons to act
as enforcement officers for the purposes of
this Act.
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| Designation
of provincial
or territorial
government
employees
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(2) The competent minister may not
designate any person or person of a class of
persons employed by the government of a
province or a territory unless that government
agrees.
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| Certificate of
designation
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(3) An enforcement officer must be
provided with a certificate of designation as an
enforcement officer in a form approved by the
competent minister and, on entering any place
under this Act, the officer must, if so
requested, show the certificate to the occupant
or person in charge of the place.
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| Powers
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(4) For the purposes of this Act,
enforcement officers have all the powers of a
peace officer, but the competent minister may
specify limits on those powers when
designating any person or person of a class of
persons to act as enforcement officers.
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| Exemptions
for law
enforcement
activities
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(5) For the purpose of investigations and
other law enforcement activities under this
Act, a competent minister may, on any terms
and conditions that he or she considers
necessary, exempt from the application of any
provision of this Act, the regulations or an
emergency order enforcement officers whom
the competent minister has designated and
who are carrying out duties or functions under
this Act and persons acting under the direction
and control of such enforcement officers.
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| Inspections
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86. (1) For the purpose of ensuring
compliance with any provision of this Act, the
regulations or an emergency order, an
enforcement officer may, subject to
subsection (3), at any reasonable time enter
and inspect any place in which the
enforcement officer believes, on reasonable
grounds, there is any thing to which the
provision applies or any document relating to
its administration, and the enforcement officer
may
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(a) open or cause to be opened any
container that the enforcement officer
believes, on reasonable grounds, contains
that thing or document;
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(b) inspect the thing and take samples free
of charge;
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(c) require any person to produce the
document for inspection or copying, in
whole or in part; and
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(d) seize any thing by means of or in relation
to which the enforcement officer believes,
on reasonable grounds, the provision has
been contravened or that the enforcement
officer believes, on reasonable grounds,
will provide evidence of a contravention.
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| Conveyance
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(2) For the purposes of carrying out the
inspection, the enforcement officer may stop
a conveyance or direct that it be moved to a
place where the inspection can be carried out.
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| Dwelling-plac
e
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(3) The enforcement officer may not enter
a dwelling-place except with the consent of
the occupant or person in charge of the
dwelling-place or under the authority of a
warrant.
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| Authority to
issue warrant
for inspection
of
dwelling-plac
e
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(4) On an ex parte application, a justice, as
defined in section 2 of the Criminal Code, may
issue a warrant, subject to any conditions
specified in it, authorizing an enforcement
officer to enter a dwelling-place, if the justice
is satisfied by information on oath that
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(a) the conditions for entry described in
subsection (1) exist in relation to the
dwelling-place;
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(b) entry to the dwelling-place is necessary
for the purposes of the administration of this
Act, the regulations or an emergency order;
and
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(c) entry to the dwelling-place has been
refused or there are reasonable grounds for
believing that entry will be refused.
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| Authority to
issue warrant
for inspection
of
non-dwellings
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(5) On an ex parte application, a justice, as
defined in section 2 of the Criminal Code, may
issue a warrant, subject to any conditions
specified in it, authorizing an enforcement
officer to enter a place other than a
dwelling-place, if the justice is satisfied by
information on oath that
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(a) the conditions for entry described in
subsection (1) exist in relation to that place;
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(b) entry to that place is necessary for the
purposes of the administration of this Act,
the regulations or an emergency order;
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(c) entry to that place has been refused, the
enforcement officer is not able to enter
without the use of force or the place was
abandoned; and
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(d) subject to subsection (6), all reasonable
attempts were made to notify the owner,
operator or person in charge of the place.
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| Waiving
notice
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(6) The justice may waive the requirement
to give notice referred to in subsection (5) if
the justice is satisfied that attempts to give the
notice would be unsuccessful because the
owner, operator or person in charge is absent
from the jurisdiction of the justice or that it is
not in the public interest to give the notice.
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| Use of force
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(7) In executing a warrant issued under
subsection (4) or (5), an enforcement officer
may not use force unless the use of force has
been specifically authorized in the warrant.
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| Operation of
computer
system and
copying
equipment
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(8) In carrying out an inspection of a place
under this section, an enforcement officer may
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(a) use or cause to be used any computer
system at the place to examine any data
contained in or available to the computer
system;
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(b) reproduce any record or cause it to be
reproduced from the data in the form of a
printout or other intelligible output;
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(c) take a printout or other output for
examination or copying; and
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(d) use or cause to be used any copying
equipment at the place to make copies of the
record.
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| Duty of
person in
possession or
control
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(9) Every person who is in possession or
control of a place being inspected under this
section must permit the enforcement officer to
do anything referred to in subsection (8).
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