Species at Risk Act (S.C. 2002, c. 29)
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Assented to 2002-12-12
1992, c. 37Canadian Environmental Assessment Act
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;
1994, c. 22Migratory Birds Convention Act, 1994
138. The Migratory Birds Convention Act, 1994 is amended by adding the following after section 11:
Marginal note: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.
1992, c. 52Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
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):
Marginal note: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:
Marginal note: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).
Marginal note: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).
Marginal note: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.
Marginal note:Exemption
(4) The order is exempt from the application of section 3 of the Statutory Instruments Act.
COORDINATING AMENDMENT
Marginal note:Bill C-10
141.1 If Bill C-10, introduced in the 1st Session of the 37th Parliament and entitled the Canada National Marine Conservation Areas Act, receives royal assent, then, on the later of the coming into force of subsection 34(2) of that Act and the definition “competent minister” in subsection 2(1) of this Act, paragraph (a) of the definition “competent minister” in subsection 2(1) of this Act is replaced by the following:
(a) the Minister of Canadian Heritage with respect to individuals in or on federal lands that are administered by that Minister and that are national parks, national historic sites, national marine conservation areas or other protected heritage areas as those expressions are defined in subsection 2(1) of the Parks Canada Agency Act;
COMING INTO FORCE
Marginal note:Order of Governor in Council
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.
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