Species at Risk Act: related amendments

Related Amendments



Canada Wildlife Act

 

134. Section 4 of the Canada Wildlife Act is amended by adding the following after subsection (2):

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.

 

135. The Act is amended by adding the following after section 4.1:

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.

Sub-delegation
(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.

1991, c. 50, s. 48(1)

136. (1) Paragraph 12(a) of the Act is replaced by the following:

  • (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;

1994, c. 23, s. 14(3)

(2) Paragraphs 12(i) and (j) of the Act are replaced by the following:

  • (i) prescribing measures for the conservation of wildlife
    • (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law,
    • (ii) on public lands referred to in an order made under subsection 4(3), or
    • (iii) in any protected marine areas established pursuant to subsection 4.1(1); and
  • (j) respecting the establishment of facilities or the construction, maintenance and operation of works for wildlife research, conservation and interpretation
    • (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law,
    • (ii) on public lands referred to in an order made under subsection 4(3), or
    • (iii) in any protected marine areas established pursuant to subsection 4.1(1).



Canadian Environmental Assessment Act

1992, c. 37
137. The definition "environmental effect" in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following:

"environmental effect"
« effets environnementaux »

"environmental effect" means, in respect of a project,

  • (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,
  • (b) any effect of any change referred to in paragraph (a) on
    • (i) health and socio-economic conditions,
    • (ii) physical and cultural heritage,
    • (iii) the current use of lands and resources for traditional purposes by aboriginal persons, or
    • (iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, or
  • (c) any change to the project that may be caused by the environment,

 

whether any such change or effect occurs within or outside Canada;



Migratory Birds Convention Act, 1994

1994, c. 22
138. The Migratory Birds Convention Act, 1994 is amended by adding the following after section 11:

Delegation by Minister
11.1 The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this Act relating to its enforcement or the issuance, renewal, revocation and suspension of permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.



Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

1992, c. 52
139. Section 10 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is amended by adding the following after subsection (3):

Delegation by Minister
(4) The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this section relating to permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.

 

140. Paragraph 21(1)(c) of the Act is amended by striking out the word "and" at the end of subparagraph (iii), by adding the word "and" at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

  • (v) for the purposes of section 8;

 

141. The Act is amended by adding the following after section 21:

Order
21.1 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the definition "animal" or "plant" in section 2 for the purposes of subsection 6(2).

Recommendation
(2) If the Minister is of the opinion that the import of any specimen, living or dead, would be harmful to Canadian ecosystems or to any species in Canada and that urgent action is needed, the Minister may recommend that an order be made under subsection (1).

Duration of amendment
(3) The amendment made by the order applies for the period specified in the order, which period may not be longer than one year from the day the order is made.

Exemption
(4) The order is exempt from the application of section 3 of the Statutory Instruments Act.

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