What Canada Species at Risk Act (SARA): Listing, General Prohibitions and Critical Habitat Protection requires
The Species at Risk Act (S.C. 2002, c. 29), known as SARA, is Canada's federal biodiversity-protection statute, administered chiefly by Environment and Climate Change Canada with the Department of Fisheries and Oceans and the Parks Canada Agency as competent authorities. Section 6 states its purposes: to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of those that are extirpated, endangered or threatened, and to manage species of special concern. Section 2 defines 'wildlife species', 'extirpated', 'endangered', 'threatened' and 'special concern' species, 'critical habitat' (habitat necessary for the survival or recovery of a listed species) and 'residence' (a dwelling-place such as a den or nest). The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assesses species (sections 14-25), and the Governor in Council amends the List of Wildlife Species at Risk in Schedule 1, normally within nine months of receiving an assessment (section 27). Once a species is listed as extirpated, endangered or threatened, section 32 prohibits killing, harming, harassing, capturing or taking an individual, and possessing, collecting, buying, selling or trading an individual or its parts; section 33 prohibits damaging or destroying its residence. Section 58 prohibits destroying any part of the critical habitat of a listed endangered or threatened species on federal land, in the exclusive economic zone, or for aquatic and migratory bird species. Competent ministers must prepare recovery strategies (section 37), action plans (section 47) and, for species of special concern, management plans (section 65); the Governor in Council may make emergency orders where a species faces imminent threats (section 80). Otherwise-prohibited activities may proceed only under an agreement or permit that meets the conservation conditions in section 73. Enforcement officers have inspection, search and seizure powers (sections 85-89). Offences under sections 32, 33, 36, 58, 60 and 61 are punishable on summary conviction by a fine up to $300,000 or two years' imprisonment, and on indictment by a fine up to $500,000 or three years' imprisonment (section 97).
Pillar: Water & Environmental Resources · Authority: Parliament of Canada / Environment and Climate Change Canada (ECCC) · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/S-15.3/FullText.html
SHA-256 integrity: b41f5df71ab2514861c06807e7f78edd85eef65f7e1ace5676786778446ba01f
Primary Citations — 8 traced to source
- Species at Risk Act, S.C. 2002, c. 29, Section 6 - purposes; Section 2 - definitions of wildlife species, status categories, critical habitat and residence.
- Species at Risk Act, Sections 14-27 - COSEWIC assessment and the Governor in Council listing of species on Schedule 1 (List of Wildlife Species at Risk).
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