Species at Risk Act

An Act respecting the protection of wildlife species at risk in Canada

Canada (Federal)· S-15.3· 727 sections· current to 2026-02-26In force

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Environment & Climate Indigenous Affairs Natural Resources & Energy

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Sections727

1Short title
This Act may be cited as the Species at Risk Act.
2Definitions
2(1)
The definitions in this subsection apply in this Act.
2(1)[p3]
action plan means an action plan included in the public registry under subsection 50(3) and includes any amendment to it included in the public registry under section 52. (plan d’action)
2(1)[p4]
alternative measures means measures, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence. (mesures de rechange)
2(1)[p5]
aquatic species means a wildlife species that is a fish, as defined in section 2 of the Fisheries Act, or a marine plant, as defined in section 47 of that Act. (espèce aquatique)
2(1)[p6]
Attorney General means the Attorney General of Canada or, for the purposes of sections 108 to 113, an agent of the Attorney General of Canada. (procureur général)
2(1)[p7]
Canadian Endangered Species Conservation Council means the Council referred to in subsection 7(1). (Conseil canadien pour la conservation des espèces en péril)
2(1)[p8]
competent minister means
2(1)[p8](a)
the Minister responsible for the Parks Canada Agency with respect to individuals in or on federal lands administered by that Agency;
2(1)[p8](b)
the Minister of Fisheries and Oceans with respect to aquatic species, other than individuals mentioned in paragraph (a); and
2(1)[p8](c)
the Minister of the Environment with respect to all other individuals. (ministre compétent)
2(1)[p12]
conveyance means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods. (moyen de transport)
2(1)[p13]
COSEWIC means the Committee on the Status of Endangered Wildlife in Canada established by section 14. (COSEPAC)
2(1)[p14]
critical habitat 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. (habitat essentiel)
2(1)[p15]
emergency order means an order made under section 80. (décret d’urgence)
2(1)[p16]
endangered species means a wildlife species that is facing imminent extirpation or extinction. (espèce en voie de disparition)
2(1)[p17]
extirpated species means a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild. (espèce disparue du pays)
2(1)[p18]
federal land means
2(1)[p18](a)
land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land;
2(1)[p18](b)
the internal waters of Canada and the territorial sea of Canada; and
2(1)[p18](c)
reserves and any other lands that are set apart for the use and benefit of a band under the Indian Act, and all waters on and airspace above those reserves and lands. (territoire domanial)
2(1)[p22]
habitat means
2(1)[p22](a)
in respect of aquatic species, spawning grounds and nursery, rearing, food supply, migration and any other areas on which aquatic species depend directly or indirectly in order to carry out their life processes, or areas where aquatic species formerly occurred and have the potential to be reintroduced; and
2(1)[p22](b)
in respect of other wildlife species, the area or type of site where an individual or wildlife species naturally occurs or depends on directly or indirectly in order to carry out its life processes or formerly occurred and has the potential to be reintroduced. (habitat)
2(1)[p25]
individual 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. (individu)
2(1)[p26]
land claims agreement means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982. (accord sur des revendications territoriales)
2(1)[p27]
List means the List of Wildlife Species at Risk set out in Schedule 1. (liste)
2(1)[p28]
listed means listed on the List. (inscrite)
2(1)[p29]
Minister means the Minister of the Environment. (ministre)
2(1)[p30]
offence means an offence under this Act. (infraction)
2(1)[p31]
provincial minister means any minister of the government of a province who is responsible for the conservation and management of a wildlife species in that province. (ministre provincial)
2(1)[p32]
public registry means the registry established under section 120. (registre)
2(1)[p33]
recovery strategy 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. (programme de rétablissement)
2(1)[p34]
residence 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. (résidence)
2(1)[p35]
sell includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease. (vente)
2(1)[p36]
species at risk means an extirpated, endangered or threatened species or a species of special concern. (espèce en péril)
2(1)[p37]
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. (espèce préoccupante)
2(1)[p38]
status report 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. (rapport de situation)
2(1)[p39]
territorial minister means any minister of the government of a territory who is responsible for the conservation and management of a wildlife species in that territory. (ministre territorial)
2(1)[p40]
threatened species 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. (espèce menacée)
2(1)[p41]
treaty means a treaty within the meaning of section 35 of the Constitution Act, 1982. (traité)
2(1)[p42]
wildlife management board 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. (conseil de gestion des ressources fauniques)
2(1)[p43]
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
2(1)[p43](a)
is native to Canada; or
2(1)[p43](b)
has extended its range into Canada without human intervention and has been present in Canada for at least 50 years. (espèce sauvage)
2(2)Deeming
For the purposes of the definition wildlife species in subsection (1), a species, subspecies, variety or geographically or genetically distinct population is, in the absence of evidence to the contrary, presumed to have been present in Canada for at least 50 years.
2(3)Competent minister
A reference to a competent minister in any provision of this Act is to be read as a reference to the competent minister in respect of the wildlife species, or the individuals of the wildlife species, to which the provision relates.
3Repealed
[Repealed, 2024, c. 30, s. 24]
4Sedentary living organisms
4(1)
This Act also applies to sedentary living organisms on or under the continental shelf of Canada outside the exclusive economic zone.
4(2)Meaning of sedentary
For the purpose of subsection (1), a living organism is sedentary if it is, at the harvestable stage, either immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.
5Binding on Her Majesty
This Act is binding on Her Majesty in right of Canada or a province.
6Purposes
The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened.
7Composition
7(1)
The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister responsible for the Parks Canada Agency and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory.
7(2)Role
The role of the Canadian Endangered Species Conservation Council is to
7(2)(a)
provide general direction on the activities of COSEWIC, the preparation of recovery strategies and the preparation and implementation of action plans; and
7(2)(b)
coordinate the activities of the various governments represented on the Council relating to the protection of species at risk.
8Responsibility of Minister
8(1)
The Minister is responsible for the administration of this Act, except in so far as this Act gives responsibility to another minister.
8(2)Delegation
The Minister, the Minister responsible for the Parks Canada Agency or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, 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 of that Minister’s powers or functions under this Act, relating to its enforcement.
8(3)Agreement and reporting obligation
The delegation must be the subject of an agreement between the delegating minister and the delegate and the agreement must provide that the delegate is to prepare an annual report for the delegating minister on the activities undertaken under the agreement. A copy of the agreement must be included in the public registry within 45 days after it is entered into, and a copy of every annual report must be included in the public registry within 45 days after it is received by the delegating minister.
8.1National Aboriginal Council on Species at Risk
The Minister shall establish a Council, to be known as the National Aboriginal Council on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate. The role of the Council is to
8.1(a)
advise the Minister on the administration of this Act; and
8.1(b)
provide advice and recommendations to the Canadian Endangered Species Conservation Council.
9Advisory committees to assist Minister
9(1)
The Minister may, after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, establish one or more committees to advise the Minister on the administration of this Act.
9(2)Advisory committees to assist Council
The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, establish one or more committees to advise the Council on matters related to the Council’s role.
10Administrative agreements
A competent minister may, after consultation with every other competent minister, enter into an agreement with any government in Canada, organization or wildlife management board with respect to the administration of any provision of this Act for which that competent minister has responsibility, including the preparation and implementation of recovery strategies, action plans and management plans.
10.1Stewardship action plan
The Minister, after consultation with the Canadian Endangered Species Conservation Council, may establish a stewardship action plan that creates incentives and other measures to support voluntary stewardship actions taken by any government in Canada, organization or person. A copy of the stewardship action plan must be included in the public registry.
10.2Contents
The stewardship action plan must include, but is not limited to, commitments to
10.2(a)
regularly examine incentives and programs that support actions taken by persons to protect species at risk;
10.2(b)
provide information and increase public awareness about species at risk;
10.2(c)
methods for sharing information about species at risk, including community and aboriginal traditional knowledge, that respect, preserve and maintain knowledge and promote their wider application with the approval of the holders of such knowledge, with other governments and persons;
10.2(d)
create awards and recognition programs;
10.2(e)
provide information respecting programs related to stewardship agreements, land conservation easements and other such agreements; and
10.2(f)
provide information relating to the technical and scientific support available to persons engaged in stewardship activities.
11Conservation agreements — species at risk
11(1)
A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into a conservation agreement with any government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild.
11(2)Contents
The agreement must provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, and may include measures with respect to
11(2)(a)
monitoring the status of the species;
11(2)(b)
developing and implementing education and public awareness programs;
11(2)(c)
developing and implementing recovery strategies, action plans and management plans;
11(2)(d)
protecting the species’ habitat, including its critical habitat; or
11(2)(e)
undertaking research projects in support of recovery efforts for the species.
12Conservation agreements — other species
12(1)
A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into an agreement with any government in Canada, organization or person to provide for the conservation of a wildlife species that is not a species at risk.
12(2)Contents
The agreement may provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, including measures with respect to
12(2)(a)
monitoring the status of the species;
12(2)(b)
developing and implementing education and public awareness programs;
12(2)(c)
protecting the species’ habitat; and
12(2)(d)
preventing the species from becoming a species at risk.
13Funding agreements
13(1)
A competent minister may enter into an agreement with any government in Canada, organization or person to provide for the payment of contributions towards the costs of programs and measures for the conservation of wildlife species, including programs and measures under an agreement entered into under subsection 11(1) or 12(1).
13(2)Provisions to be included
The agreement must specify
13(2)(a)
the contribution towards the cost of the program or measure that is payable by any party and the time or times at which any amounts under the agreement will be paid;
13(2)(b)
the authority or person who will be responsible for operating and maintaining the program or measure or any part of it;
13(2)(c)
the proportions of any revenue from the program or measure that is payable to the parties; and
13(2)(d)
the terms and conditions governing the operation and maintenance of the program or measure.
14Establishment
The Committee on the Status of Endangered Wildlife in Canada is hereby established.
15Functions
15(1)
The functions of COSEWIC are to
15(1)(a)
assess the status of each wildlife species considered by COSEWIC to be at risk and, as part of the assessment, identify existing and potential threats to the species and
15(1)(a)(i)
classify the species as extinct, extirpated, endangered, threatened or of special concern,
15(1)(a)(ii)
indicate that COSEWIC does not have sufficient information to classify the species, or
15(1)(a)(iii)
indicate that the species is not currently at risk;
15(1)(b)
determine when wildlife species are to be assessed, with priority given to those more likely to become extinct;
15(1)(c)
conduct a new assessment of the status of species at risk and, if appropriate, reclassify or declassify them;
15(1)(c.1)
indicate in the assessment whether the wildlife species migrates across Canada’s boundary or has a range extending across Canada’s boundary;
15(1)(d)
develop and periodically review criteria for assessing the status of wildlife species and for classifying them and recommend the criteria to the Minister and the Canadian Endangered Species Conservation Council; and
15(1)(e)
provide advice to the Minister and the Canadian Endangered Species Conservation Council and perform any other functions that the Minister, after consultation with that Council, may assign.
15(2)Best information and knowledge
COSEWIC must carry out its functions on the basis of the best available information on the biological status of a species, including scientific knowledge, community knowledge and aboriginal traditional knowledge.
15(3)Treaties and land claims agreements
COSEWIC must take into account any applicable provisions of treaty and land claims agreements when carrying out its functions.
16Composition
16(1)
COSEWIC is to be composed of members appointed by the Minister after consultation with the Canadian Endangered Species Conservation Council and with any experts and expert bodies, such as the Royal Society of Canada, that the Minister considers to have relevant expertise.
16(2)Qualifications of members
Each member must have expertise drawn from a discipline such as conservation biology, population dynamics, taxonomy, systematics or genetics or from community knowledge or aboriginal traditional knowledge of the conservation of wildlife species.
16(3)Term of appointment
The members are to be appointed to hold office for renewable terms of not more than four years.
16(4)Not part of the public service of Canada
The members are not, because of being a member, part of the public service of Canada.
16(5)Remuneration and expenses
The members may be paid remuneration and expenses for their services in amounts that the Minister may set.
16(6)Discretion
Each member of COSEWIC shall exercise his or her discretion in an independent manner.
17Regulations and guidelines
The Minister may, after consultation with the Canadian Endangered Species Conservation Council and COSEWIC, establish regulations or guidelines respecting the appointment of members and the carrying out of COSEWIC’s functions.
18Subcommittees
18(1)
COSEWIC must establish subcommittees of specialists to assist in the preparation and review of status reports on wildlife species considered to be at risk, including subcommittees specializing in groups of wildlife species and a subcommittee specializing in aboriginal traditional knowledge, and it may establish other subcommittees to advise it or to exercise or perform any of its functions.
18(2)Membership
Each subcommittee must be presided over by a member of COSEWIC, but the subcommittee may include persons who are not members of COSEWIC.
18(3)Aboriginal traditional knowledge subcommittee
Subject to subsection (2), the chairperson and members of the aboriginal traditional knowledge subcommittee must be appointed by the Minister after consultation with any aboriginal organization he or she considers appropriate.
19Rules
COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including rules respecting
19(a)
the selection of persons to chair its meetings; and
19(b)
the meetings and activities of any of its subcommittees.
20Staff and facilities
The Minister must provide COSEWIC with any professional, technical, secretarial, clerical and other assistance, and any facilities and supplies, that, in his or her opinion, are necessary to carry out its functions.
21Status reports
21(1)
COSEWIC’s assessment of the status of a wildlife species must be based on a status report on the species that COSEWIC either has had prepared or has received with an application.
21(2)Content
The Minister may, after consultation with COSEWIC, the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports.
22Applications
22(1)
Any person may apply to COSEWIC for an assessment of the status of a wildlife species.
22(2)Regulations
The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.
23Time for assessment
23(1)
COSEWIC must assess the status of a wildlife species within one year after it receives a status report on the species, and it must provide reasons for its assessment.
23(2)Notification of applicant
If the assessment results from an application, COSEWIC must notify the applicant of the assessment and the reasons.
24Review of classifications
COSEWIC must review the classification of each species at risk at least once every 10 years, or at any time if it has reason to believe that the status of the species has changed significantly.
25Copies to Minister and Council
25(1)
When COSEWIC completes an assessment of the status of a wildlife species, it must provide the Minister and the Canadian Endangered Species Conservation Council with a copy of the assessment and the reasons for it. A copy of the assessment and the reasons must also be included in the public registry.
25(2)COSEWIC list
COSEWIC must annually prepare a complete list of every wildlife species it has assessed since the coming into force of this section and a copy of that list must be included in the public registry.
25(3)Report on response
On receiving a copy of an assessment of the status of a wildlife species from COSEWIC under subsection (1), the Minister must, within 90 days, include in the public registry a report on how the Minister intends to respond to the assessment and, to the extent possible, provide time lines for action.
26Annual reports
COSEWIC must annually provide a report on its activities to the Canadian Endangered Species Conservation Council and a copy of that report must be included in the public registry.
27Power to amend List
27(1)
The Governor in Council may, on the recommendation of the Minister, by order amend the List in accordance with subsections (1.1) and (1.2) by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species, and the Minister may, by order, amend the List in a similar fashion in accordance with subsection (3).
27(1.1)Decision in respect of assessment
Subject to subsection (3), the Governor in Council, within nine months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister,
27(1.1)(a)
accept the assessment and add the species to the List;
27(1.1)(b)
decide not to add the species to the List; or
27(1.1)(c)
refer the matter back to COSEWIC for further information or consideration.
27(1.2)Statement of reasons
Where the Governor in Council takes a course of action under paragraph (1.1)(b) or (c), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons.
27(2)Pre-conditions for recommendation
Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must
27(2)(a)
take into account the assessment of COSEWIC in respect of the species;
27(2)(b)
consult the competent minister or ministers; and
27(2)(c)
if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of a wildlife species, consult the wildlife management board.
27(3)Amendment of List by Minister
Where the Governor in Council has not taken a course of action under subsection (1.1) within nine months after receiving an assessment of the status of a species by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC’s assessment.
28Applications for assessment of imminent threat
28(1)
Any person who considers that there is an imminent threat to the survival of a wildlife species may apply to COSEWIC for an assessment of the threat for the purpose of having the species listed on an emergency basis under subsection 29(1) as an endangered species.
28(2)Information to be included in application
The application must include relevant information indicating that there is an imminent threat to the survival of the species.
28(3)Regulations
The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC.
28(4)Notice
COSEWIC must provide the applicant, the Minister and the Canadian Endangered Species Conservation Council with a copy of its assessment. A copy of the assessment must be included in the public registry.
29Emergency listing
29(1)
If the Minister is of the opinion that there is an imminent threat to the survival of a wildlife species, the Minister must, on an emergency basis, after consultation with every other competent minister, make a recommendation to the Governor in Council that the List be amended to list the species as an endangered species.
29(2)Formation of opinion
The Minister may arrive at that opinion on the basis of his or her own information or on the basis of COSEWIC’s assessment.
29(3)Exemption
If a recommendation is made under subsection (1), subsection 27(2) does not apply to any order that is made under subsection 27(1) on the basis of that recommendation, and the order is exempt from the application of section 3 of the Statutory Instruments Act.
30Review
30(1)
As soon as possible after an order is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the order, COSEWIC must, in a report in writing to the Minister,
30(1)(a)
confirm the classification of the species;
30(1)(b)
recommend to the Minister that the species be reclassified; or
30(1)(c)
recommend to the Minister that the species be removed from the List.
30(2)Copy of report
Within 30 days after the report is received by the Minister, a copy of the report must be included in the public registry.
31Recommendation to amend List
If COSEWIC makes a recommendation under paragraph 30(1)(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List.
32Killing, harming, etc., listed wildlife species
32(1)
No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species.
32(2)Possession, collection, etc.
No person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual.
32(3)Deeming
For the purposes of subsection (2), any animal, plant or thing that is represented to be an individual, or a part or derivative of an individual, of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species is deemed, in the absence of evidence to the contrary, to be such an individual or a part or derivative of such an individual.
33Damage or destruction of residence
No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species, or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada.
34Application — certain species in provinces
34(1)
With respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, sections 32 and 33 do not apply in lands in a province that are not federal lands unless an order is made under subsection (2) to provide that they apply.
34(2)Order
The Governor in Council may, on the recommendation of the Minister, by order, provide that sections 32 and 33, or either of them, apply in lands in a province that are not federal lands with respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994.
34(3)Obligation to make recommendation
The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the province do not effectively protect the species or the residences of its individuals.
34(4)Consultation
Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult
34(4)(a)
the appropriate provincial minister; and
34(4)(b)
if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board.
35Application — certain species in territories
35(1)
Sections 32 and 33 apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply.
35(2)Exception
Subsection (1) does not apply
35(2)(a)
in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994; or
35(2)(b)
on land under the authority of the Minister or the Parks Canada Agency.
35(3)Obligation to make recommendation
The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the territory do not effectively protect the species or the residences of its individuals.
35(4)Pre-conditions for recommendation
Before recommending that an order be made under subsection (1), the Minister must
35(4)(a)
consult the appropriate territorial minister; and
35(4)(b)
if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, consult the wildlife management board.
36Prohibitions re provincial and territorial classifications
36(1)
If a wildlife species that is not listed has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall
36(1)(a)
kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory;
36(1)(b)
possess, collect, buy, sell or trade an individual of that species that is on federal lands in the province or territory, or any part or derivative of such an individual; or
36(1)(c)
damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory.
36(2)Application
Subsection (1) applies only in respect of the portions of the federal lands that the Governor in Council may, on the recommendation of the competent minister, by order, specify.