Acts and Regulations

2012, c.6 - Species at Risk Act

Section 35
Disposition versions

Full text
Permit to engage in activity
35(1)Despite any prohibitions under section 28, the prohibitions in a habitat designation made under the regulations or the prohibitions in section 78, the Minister may issue a permit to a person to engage in an activity that would otherwise violate those prohibitions if the Minister is satisfied that
(a) the activity is scientific research relating to the conservation of the wildlife species and is conducted by qualified persons,
(b) the activity will benefit the wildlife species or is required to enhance its chance of survival in the wild, or
(c) the activity will not jeopardize the survival or recovery of the wildlife species and will have only an incidental impact on the wildlife species.
35(2)The Minister shall not issue a permit for an activity referred to in subsection (1) unless the Minister is satisfied that
(a) all reasonable alternatives to the activity that would reduce the impact on the wildlife species have been considered and the best solution has been adopted, and
(b) all reasonable measures will be taken to minimize the impact of the activity on the wildlife species and its habitat.
Permit to engage in activity
35(1)Despite any prohibitions under section 28, the prohibitions in a habitat designation made under the regulations or the prohibitions in section 78, the Minister may issue a permit to a person to engage in an activity that would otherwise violate those prohibitions if the Minister is satisfied that
(a) the activity is scientific research relating to the conservation of the wildlife species and is conducted by qualified persons,
(b) the activity will benefit the wildlife species or is required to enhance its chance of survival in the wild, or
(c) the activity will not jeopardize the survival or recovery of the wildlife species and will have only an incidental impact on the wildlife species.
35(2)The Minister shall not issue a permit for an activity referred to in subsection (1) unless the Minister is satisfied that
(a) all reasonable alternatives to the activity that would reduce the impact on the wildlife species have been considered and the best solution has been adopted, and
(b) all reasonable measures will be taken to minimize the impact of the activity on the wildlife species and its habitat.