Acts and Regulations

2012, c.6 - Species at Risk Act

Full text
Protection order
31(1)The Minister may issue a protection order in writing to a person to stop engaging in or not to engage in an activity if the Minister has reasonable grounds to believe that, by engaging in the activity, the person would
(a) kill, harm, harass or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species in respect of which the prohibitions under section 28 do not apply,
(b) damage or destroy the habitat of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species if no area, site or structure has been designated by regulation as survival habitat or recovery habitat for that wildlife species, or
(c) kill, harm, harass or take an individual or damage or destroy survival habitat or recovery habitat of a wildlife species for which the Minister has received an assessment from COSSAR classifying the wildlife species as an extirpated species, an endangered species or a threatened species but which has not yet been listed.
31(2)The Minister may issue a protection order under subsection (1) only in the following circumstances:
(a) the Minister has not completed a protection assessment in respect of the wildlife species; or
(b) although a protection assessment has been completed, the Minister has reason to believe that the circumstances have changed since the protection assessment was done and, in the opinion of the Minister, there is an imminent threat to the survival of the wildlife species.
31(3)If the Minister issues a protection order, the Minister shall ensure that a protection assessment is completed or a new protection assessment is undertaken and completed without delay.
31(4)A person who has been served with a protection order shall comply with the protection order.
31(5)A person who has been served with a protection order may appeal the protection order to the Minister, but the initiation of an appeal does not abrogate the requirement to comply with the protection order.
31(6)Within 90 days after the date of service of a protection order, the Minister shall review the order and make a written determination confirming, amending or revoking the protection order, unless an appeal has been initiated under section 32.
31(7)The Minister shall serve a copy of the written determination on the person on whom the protection order was served.
Protection order
31(1)The Minister may issue a protection order in writing to a person to stop engaging in or not to engage in an activity if the Minister has reasonable grounds to believe that, by engaging in the activity, the person would
(a) kill, harm, harass or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species in respect of which the prohibitions under section 28 do not apply,
(b) damage or destroy the habitat of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species if no area, site or structure has been designated by regulation as survival habitat or recovery habitat for that wildlife species, or
(c) kill, harm, harass or take an individual or damage or destroy survival habitat or recovery habitat of a wildlife species for which the Minister has received an assessment from COSSAR classifying the wildlife species as an extirpated species, an endangered species or a threatened species but which has not yet been listed.
31(2)The Minister may issue a protection order under subsection (1) only in the following circumstances:
(a) the Minister has not completed a protection assessment in respect of the wildlife species; or
(b) although a protection assessment has been completed, the Minister has reason to believe that the circumstances have changed since the protection assessment was done and, in the opinion of the Minister, there is an imminent threat to the survival of the wildlife species.
31(3)If the Minister issues a protection order, the Minister shall ensure that a protection assessment is completed or a new protection assessment is undertaken and completed without delay.
31(4)A person who has been served with a protection order shall comply with the protection order.
31(5)A person who has been served with a protection order may appeal the protection order to the Minister, but the initiation of an appeal does not abrogate the requirement to comply with the protection order.
31(6)Within 90 days after the date of service of a protection order, the Minister shall review the order and make a written determination confirming, amending or revoking the protection order, unless an appeal has been initiated under section 32.
31(7)The Minister shall serve a copy of the written determination on the person on whom the protection order was served.