Hyperlawhypertext legal database Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations current to 2025-03-03

SOR-2013-140 Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations

Current to 2025-03-03 · last amended 2013-06-19

Contents
Provision

Whereas, pursuant to subsection 73(10) a of the Species at Risk Act b, the Minister of the Environment has consulted with the Minister of Fisheries and Oceans;

Provision

Therefore, the Minister of the Environment, pursuant to subsections 73(10) a and (11) c of the Species at Risk Act b, makes the annexed Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations.

Provision

Gatineau, June 17, 2013 PETER KENT Minister of the Environment

Interpretation

s. 1 — Definition of Act

In these Regulations, Act means the Species at Risk Act.

Permit Application

s. 2 — Application
s. 2(1)

Any person applying for a permit under section 73 of the Act in relation to an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals must submit an application to the competent minister in a form and manner that is satisfactory to that minister.

s. 2(2) — Content — activity

The application must include information demonstrating that any of paragraphs 73(2)(a) to (c) of the Act applies to the activity.

s. 2(3) — Content — additional information

The application must also include information

s. 2(3)(a)

demonstrating that all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted;

s. 2(3)(b)

demonstrating that all feasible measures will be taken to minimize the impact of the activity on the species, its critical habitat or the residences of its individuals; and

s. 2(3)(c)

describing any changes that the activity may cause to the listed wildlife species, its critical habitat or the residences of its individuals, the possible effects of those changes and the significance of those effects.

s. 2(4) — Notice of receipt

The competent minister must notify the applicant in writing once the application has been received.

Issuance of Permit

s. 3 — 90-day time limit
s. 3(1)

Subject to subsections (2) and (3), the competent minister must either issue a permit or notify the applicant of the refusal to issue a permit within 90 days after the date of the notice indicating that the application has been received.

s. 3(2) — Application incomplete

The time limit set out in subsection (1) is suspended if the application is incomplete. The suspension begins on the day on which the competent minister notifies the applicant in writing that the information provided is insufficient to allow the competent minister to issue or refuse to issue a permit and ends on the day on which the competent minister receives all of the missing information.

s. 3(3) — Non-application of time limit

The time limit set out in subsection (1) is not applicable in the following circumstances:

s. 3(3)(a)

additional consultations are necessary, including consultations held under subsections 73(4) and (5) of the Act;

s. 3(3)(b)

an Act of Parliament other than the Act or a land claims agreement requires that a decision be made before the competent minister issues or refuses to issue a permit under section 73 of the Act;

s. 3(3)(c)

the terms and conditions of a permit previously issued to the applicant under section 73 of the Act have not been met;

s. 3(3)(d)

the applicant requests or agrees that the time limit is not to apply; or

s. 3(3)(e)

the activity described in the permit application is modified before the competent minister issues or refuses to issue a permit under section 73 of the Act.

Coming into Force

s. 4 — Registration

These Regulations come into force on the day on which they are registered.