2017 Legislative Session: 2nd Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. ANDREW WEAVER

BILL M 208 – 2017

ENDANGERED SPECIES ACT, 2017

This Bill enacts the Endangered Species Act, 2017 , a piece of legislation intended to: protect species from becoming endangered, threatened,

at risk, extirpated, or extinct; rehabilitate native species with dwindling populations;

protect wildlife habitat; and safeguard complete ecosystems so they can remain balanced

and self-regulated.

Preamble

Ecosystems maintain the healthy environments we all need to live and thrive. They

regulate our climate, store carbon, filter our air and water, pollinate our crops,

fertilize our soil, stabilize the land, provide us with wild food sources, and are

foundational to all natural resource industries. Biodiversity is vital to intact and

functioning ecosystems, but it is also easily eroded.

The entire world is in the midst of an extinction crisis and humans are the driving

force. In Canada, British Columbia is the most biodiverse province, but it is also

home to more at risk species than any other province or territory. Half of B.C.’s

assessed species are deemed at risk.

In addition to identifying, protecting, and rehabilitating at risk wildlife populations

and habitats, this Act seeks to introduce proactive measures that will prevent healthy

species from declining in the first place.

Compared to reactive government efforts to intervene in a habitat already out of balance,

preserving healthy ecosystems is easier, more cost effective, and avoids needless

animal suffering. Furthermore, as the global climate warms and precipitation patterns

shift, having a complete ecosystem within which animals and plants can try to adapt

will be essential.

Beyond an individual species focus, this Act facilitates the use of comprehensive

landscape or watershed level planning. Measureable ecosystem objectives for biodiversity

are included to ensure habitats are being managed effectively.

WHEREAS various species of fish, wildlife, and plants in British Columbia have been

rendered extinct as a consequence of economic growth and development un-tampered by

adequate concern and conservation;

WHEREAS other species of fish, wildlife, and plants have been so depleted in numbers

that they are in danger of or threatened with extinction;

WHEREAS these species of fish, wildlife, and plants are of esthetic, ecological, educational,

historical, recreational, cultural and scientific value to the Province and its people.

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly

of the Province of British Columbia, enacts as follows:

Part 1 –

Interpretation

Purposes

1 The purposes of this Act are

(

a) to prevent species from being extirpated or becoming extinct;

(

b) to identify species at risk based on the best available scientific information,

including information obtained from community knowledge and First Nations traditional

knowledge;

(

c) to protect species that are at risk and their habitats, and to provide for the

recovery of species that are at risk;

(

d) to promote stewardship activities to assist in the protection and recovery of

species that are at risk; and

(

e) to proactively protect healthy ecosystems to prevent species from becoming at

risk.

Guiding principles

2 This Act must be interpreted and administered in accordance with the following principles:

(

a) decisions must be made on the basis of the best available scientific information,

including information obtained from community knowledge and First Nations traditional

knowledge;

(

b) where there is a threat of significant reduction or loss of biological diversity,

lack of full scientific certainty must not be used as a reason for postponing measures

to avoid or minimize that threat;

(

c) climate change is presenting increasing pressure on species and ecosystems;

(

d) a healthy environment is essential to social and economic well-being; and

(

e) the present generation should ensure that the health, diversity and productivity

of the environment is maintained or enhanced for the benefit of future generations.

Definitions

(1) In this Act,

"agreement" means an agreement entered into under

section 27 of this Act;

"appeal board" means the Environmental Appeal Board continued under the Environmental Management Act ;

"assessment list" means the list of species requiring assessment established under

section 13 of this

Act;

"conserve" , "conserving" , and "conservation" mean to use and the use of all methods and procedures which are necessary to bring

any endangered species or threatened species to the point at which the measures provided

pursuant to this Act are no longer necessary. Such methods and procedures include,

but are not limited to, all activities associated with scientific resources management

such as research, census, law enforcement, habitat acquisition and maintenance, propagation,

live trapping, and transplantation, and, in the extraordinary case where population

pressures within a given ecosystem cannot be otherwise relieved, may include regulated

taking;

"consultant lobbyist" has the same meaning as in the Lobbyists Registration Act ;

"committee" means the Scientific Committee on Endangered Species established under

section 4

of this Act;

"critical habitat" for a threatened or endangered species means,

(

a) the specific areas within the geographical area occupied by the species, at the

time it is listed in accordance with this Act, on which are found those physical or

biological features that are essential to the conservation of the species and which

may require special management considerations or protection; and

(

b) specific areas outside the geographical area occupied by the species at the time

it is listed in accordance with this Act, upon a determination by the Scientific Committee

on Endangered Species that such areas are essential for the conservation of the species;

(

c) critical habitat may be established for those species now listed as threatened

or endangered species for which no critical habitat has heretofore been established

as set forth in paragraphs (

a) and (

b) of this paragraph;

(

d) except in those circumstances determined by the Scientific Committee on Endangered

Species, critical habitat shall not include the entire geographical area which can

be occupied by the threatened or endangered species;

"ecosystem" means a complete system composed of: a biological community of organisms (often including

humans) in a defined area; their non-living environment; and the interactions among

those organisms, or between them and their non-living environment;

"enforcement officer" means an enforcement officer under

section 21;

"First Nation" includes

(

a) a band, as defined in the Indian Act (Canada),

(

b) another legal entity representing a first nation, or

(

c) a person authorized by a band referred to in paragraph (

a) or a legal entity

referred to in paragraph (b);

"guiding principles" means the guiding principles in

section 2 of this Act;

"habitat" means either,

(

a) the area prescribed by regulation as the habitat of a species, or

(

b) an area on which a species, directly or indirectly:

(

i) relies upon to carry out its life processes,

(ii) formerly relied upon to carry out its life processes, or

(iii) will rely upon if reintroduced to carry on its life processes;

"in-house lobbyist" has the same meaning as in the Lobbyists Registration Act ;

"justice" has the same meaning as in the Offence Act ;

"life processes" include

(

a) reproduction,

(

b) rearing,

(

c) hibernation,

(

d) migration, and

(

e) feeding;

"recovery strategy" means a strategy for the recovery of an endangered or extirpated species prepared

under

section 21 of this Act;

"regulations" means the regulations made under this Act;

"Scientific Committee on Endangered Species" means the committee established in

section 4 of this Act;

"served" with respect to an order, or notice includes service by registered mail, and is effective

(

a) the date of personal service, or

(

b) five days after it was sent by registered mail;

"species" means a species, subspecies, variety or genetically or geographically distinct population

of animal, plant or other organism, other than a bacterium or virus, that is native

to British Columbia or has extended its range permanently into British Columbia without

human intervention;

"Species at Risk in British Columbia List" means the regulation passed in accordance with this Act;

"species of concern" means a species,

(

a) as deemed by the scientific committee, that needs proactive protection, but for

which insufficient information is available to indicate a current need to list the

species as at risk or endangered;

(

b) that is experiencing, or formerly experienced, serious (noncyclical) population

declines or range retractions (that have not been reversed) that, if continued or

resumed, could qualify it for threatened or endangered status under this Act;

(

c) that has naturally small populations exhibiting high susceptibility to risk from

any factor(s), that if realized, could lead to declines that would qualify it for

threatened or endangered status under this Act.

Part 2 – Scientific Committee on Endangered Species

Establishment

4 The Scientific Committee on Endangered Species is established as a corporation consisting

of the members appointed under

section 5.

Composition

(1) The committee consists of persons appointed under this

section who are knowledgeable

in either

(

a) a scientific discipline such as conservation biology, population dynamics, taxonomy,

systematics, genetics or climatology, or

(

b) aboriginal traditional knowledge.

(2) The Lieutenant Governor in Council must

(

a) appoint members to the committee,

(

b) ensure that at any time there are at least 3 members,

(

c) designate one of the members as the chair of the committee, and

(

d) designate one of the members as the deputy chair of the committee.

Independence

(1) The members of the committee must perform their functions in an independent manner.

(2) A member of the committee must not, with respect to any matter related to this

Act, act as

(

a) a consultant lobbyist, or

(

b) an in-house lobbyist.

Agent of government

7 The committee is an agent of the government.

Operation

8 The committee may pass resolutions and bylaws it considers necessary or advisable

for the management and conduct of its affairs, the exercise of its powers and the

performance of its duties and functions.

Purposes

9 The purpose of the committee is to:

(

a) develop and maintain criteria for assessing and classifying species in accordance

with

section 12,

(

b) develop and maintain a prioritized list of species that require assessment in

accordance with

section 13,

(

c) assess and classify species in accordance with

section 15 of the Act,

(

d) submit reports to the minister and public in accordance with this Act,

(

e) recommend management plans to the minister for protection and recovery of species

in accordance with

section 12,

(

f) recommend habitat protection for species in accordance with

section 12, and

(

g) provide advice to the minister upon request.

Website

10 The committee must create and maintain a website that is accessible to the general public.

Annual report

(1) The committee must submit an annual report to the minister detailing its work,

including the reasons for any classifications made since the last annual report.

(2) The committee must publish the annual report to its website 90 days after providing

it to the minister.

Part 3 – Classification of Species

Criteria

(1) The committee must establish criteria for assessing and classifying species in

accordance with this section.

(2) The committee may classify a species as

(

a) extinct if it no longer lives anywhere in the world,

(

b) extirpated if

(

i) it is not extinct,

(ii) it lived in the wild in British Columbia at one time, and

(iii) it no longer lives in the wild in British Columbia.

(

c) endangered if extinction or extirpation is imminent,

(

d) threatened if it is likely to become endangered if steps are not taken to address

factors threatening to lead to its extinction or extirpation,

(

e) a species of concern if it may become threatened or endangered due to a combination

of biological characteristics and identified threats.

(3) The committee may establish criteria that allow for the classification of species

within specified geographic areas in British Columbia.

(4) The committee must establish criteria to determine

(

a) which species require assessment, and

(

b) the order in which species will be assessed.

(5) The committee must periodically review and update the criteria established under

this

section to ensure it reflects current practices and continues to comply with

the purpose and guiding principles of this Act.

(6) The committee must provide the minister with the criteria established under this

section and any subsequent amendments.

(7) The committee must publish the criteria established under this

section and any

subsequent amendments to its website 90 days after providing it to the minister.

Assessment list

(1) The committee must establish a list of species that require assessment based on

the criteria established under

section 12.

(2) The assessment list must include every species that lives or once lived in British

Columbia that:

(

a) has been classified as extirpated, endangered, threatened or of special concern

under the Species at Risk Act (Canada); and

(

b) has not yet been assessed by the committee.

(3) The committee must prioritize the assessment of species based on the criteria

established in

section 12.

(4) The committee must provide the minister with the assessment list and any amendments.

(5) The committee must publish the assessment list and any amendments to its website

90 days after providing it to the minister.

Application for assessment

(1) Any person may apply to the committee for the assessment of a species.

(2) The committee must consider an application under this

section within 30 days

to determine whether there is a reasonable basis for believing that there is an imminent

threat of survival to the species.

(3) The committee must inform the person who submitted the application of the finding

under subsection (2) and the reasons for the finding.

(4) If the committee determines there is a reasonable basis for believing that there

is an imminent threat of survival to the species the committee must:

(

a) add the species to the assessment list; and

(

b) assess the species in accordance with

section 15 within one year of placing the

species on the assessment list.

Assessment and classification

(1) The committee must assess species:

(

a) in the order indicated on the assessment list; and

(

b) classify them according to the criteria established under

section 12.

(2) When the species has been assessed the committee must issue a report indicating:

(

a) the common and scientific names of the species;

(

b) the classification of the species;

(

c) the specified geographic area in which the committee has classified the species,

if applicable; and

(

d) the reasons for the classification.

(3) The committee must provide the report to the minister.

(4) The committee must publish the report to its website 9 months after providing

the report to the minister.

Species at risk list

(1) The minister must deposit a regulation containing a list of species that have

been classified by the committee as extinct, extirpated, threatened, endangered, or

of special concern.

(2) The species at risk list must contain the following information for all of the

species classified by the committee under

section 15:

(

a) the common and scientific names of the species;

(

b) the classification of the species; and

(

c) the specified geographic area in which the committee has classified the species,

if applicable.

(3) If no specified geographic area is indicated for a species the classification

is deemed to apply to all of British Columbia.

(4) The minister must amend the species at risk list within 9 months of receiving

a report under

section 15.

Powers of the minister

(1) The minister must order the committee to assess a species in accordance with

section

15 if

(

a) the species is not listed on the species at risk list, and

(

b) in the minister’s opinion, the species may be facing imminent extinction or extirpation.

(2) The minister may order the committee to assess a species in accordance with

section

15 if

(

a) the species is on the species at risk list, and

(

b) in the minister’s opinion, credible scientific information indicates that the

classification is not appropriate.

(3) An order under this

section does not delay or otherwise affect the obligation

to amend the species at risk list in accordance with

section 16.

(4) The minister must consult with the chair of the committee before making an order

under this section.

(5) The committee must produce a report under

section 15 no later than the date specified

by the minister in an order under this section.

Part 4 – Protection, Survival, and Recovery of Species

Prohibition on killing

(1) No person shall

(

a) kill, harm, harass, capture or take a living member of a species that is classified

on the species at risk list as extirpated, endangered or threatened,

(

b) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease

or trade,

(

i) a living or dead member of a species that is classified on the species at risk

list as extirpated, endangered or threatened,

(ii) any part of a living or dead member of a species that is classified on the species

at risk list as extirpated, endangered or threatened, or

(iii) anything derived from a living or dead member of a species that is classified

on the species at risk list as extirpated, endangered or threatened, or

(

c) sell, lease, trade or offer to sell, lease or trade anything that the person

represents to be a thing described in paragraph (b).

(2) Subsection (1) (

b) does not apply to a member of a species that originated outside

British Columbia if it was lawfully killed, captured or taken in the jurisdiction

from which it originated.

(3) Subsection (1) (

b) does not apply to possession by the Crown.

(4) Where the species at risk list specifies a geographic area subsection (1) only

applies to that species in that area.

(5) Despite subsection (1) (b), if the crown is in possession of anything referred

to in subsection (1) (b), the minister may transfer it to another person to possess

it for

(

a) scientific or educational purposes; or

(

b) traditional cultural, religious or ceremonial purposes.

Prohibition on damage to habitat

(1) No person shall damage or destroy the habitat of

(

a) a species that is listed on the species at risk list as an endangered or threatened

species; or

(

b) a species that is listed on the species at risk list as an extirpated species,

if the species is prescribed by regulation.

(2) Where the species at risk list specifies a geographic area subsection (1) applies

to that species only in that area.

Laws of other jurisdictions

(1) In this section:

"laws of another jurisdiction" means valid enactments of a jurisdiction other than British Columbia that have the

purpose of protecting animals, plants or other organisms that are extirpated, endangered

or threatened in that jurisdiction, or animals, plants or other organisms, however

described, that are similarly at risk in that jurisdiction.

(2) No person shall

(

a) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease

or trade

(

i) a living or dead member of a species,

(ii) any part of a living or dead member of a species, or

(iii) anything derived from a living or dead member of a species, or

(

b) sell, lease, trade or offer to sell, lease or trade anything that the person

represents to be a thing described in paragraph (

a) if that member of species:

(

c) was killed, captured, taken, possessed, collected, transported, bought, sold,

leased or traded contrary to the laws of another jurisdiction, or

(

d) was removed from another jurisdiction, contrary to the laws of another jurisdiction.

(3) A person must not be convicted of an offence under this

section if that person

establishes that he or she honestly and reasonably believed that the laws of another

jurisdiction were complied with.

Recovery strategies

(1) Guided by the Scientific Committee on Endangered Species, the minister must develop

a recovery strategy for each species that is listed on the species at risk list as

(

a) an endangered or threatened species, or

(

b) an extirpated species if in the minister’s opinion reintroduction of the species

into British Columbia is feasible having regard to

(

i) social and economic factors, and

(ii) the guiding principles of this Act.

(2) A recovery strategy must include

(

a) an identification of the habitat of the species,

(

b) a description of the threats to the survival and recovery of the species and

its habitat,

(

c) a description of species on the species at risk list that co-occur with the species

for which the recovery strategy is being prepared,

(

d) recommendations on

(

i) objectives for the protection survival and recovery of the species,

(ii) approaches to achieve the objectives recommended under subparagraph (i),

(iii) the area that should be considered in prescribing an area as the habitat of

the species, and

(iv) whether a multi-species or ecosystem approach would be appropriate, and

(

v) whether population objectives for a multi-species or ecosystem approach would

be appropriate, and

(

e) any other information prescribed by regulation.

(3) The minister must subject a recovery strategy to a 60 day public review beginning

no later than

(a) 1 year from the date the species was classified as endangered on the species

at risk list, or

(b) 2 years from the date the species was classified as threatened on the species

at risk list.

(4) The minister must consider the results of the public review and amend the recovery

strategy if necessary.

(5) The minister must publish the recovery strategy on the website of the minister’s

ministry within 30 days of the public review.

Management plans

(1) Guided by the Scientific Committee on Endangered Species, the minister must develop

a management plan for each species that is classified on the species at risk list

as a special concern.

(2) Subsection (1) does not apply to a species for which the preparation of a recovery

strategy or management plan is required under

section 37 or 65 of the Species at Risk Act (Canada).

(3) Subject to subsection (6), the minister must subject a management plan to a 60

day public review beginning no later than 3 years from the date the species was classified

as a special concern on the species at risk list.

(4) The minister must consider the results of the public review and amend the management

plan if necessary.

(5) The minister must publish the management plan on the website of the minister’s

ministry within 30 days of the public review.

(6) The minister may commence a 60 day public review of a proposed management plan

later than 3 years from the date the species was classified as a special concern on

the species at risk list if

(

a) in the minister’s opinion additional time is required to prepare the management

plan because of

(

i) the complexity of the issues,

(ii) the desire to prepare the management plan in cooperation with one or more other

jurisdictions, or

(iii) the desire to give priority to the preparation of recovery strategies or management

plans for other species, and

(

b) the minister publishes a notice to the website of the minister’s ministry stating

(

i) the reasons for the opinion in paragraph (a), and

(ii) an estimate of when the management plan will be available for public review.

Ministerial statements

(1) The minister must produce a statement summarizing the actions that the government

intends to take in response to each recovery strategy and management plan.

(2) The minister must publish a statement under this

section to the website of the

minister’s ministry within 9 months of finalizing the recovery strategy or management

plan.

(3) The minister must implement the actions referred to in a statement published

under this

section if they are

(

a) within the responsibilities of the minister, and

(

b) in the minister’s opinion they are feasible with regard to

(

i) social and economic factors, and

(ii) the guiding principles of this Act.

(4) The minister may determine the priority in which statements under this

section

are implemented.

(5) The minister must conduct a review of progress towards the protection, survival,

and recovery of the species no later than 5 years after a statement is published under

this section.

(6) The minister must publish the results of a review under subsection (5) to the

website of the minister’s ministry.

Ecosystem approach

24 A recovery strategy or management plan may be prepared using an ecosystem approach.

Recovery strategies and management plans for more than one species

25 A recovery strategy or management plan may be prepared for more than one species,

whether or not the species are part of the same ecosystem.

Incorporation of existing plan

26 A recovery strategy or management plan may incorporate all or part of an existing

plan that relates to the species.

Part 5 – Agreements, Permits and Other Instruments

Agreements

(1) The minister may enter into publicly disclosed agreement authorizing an activity

that would otherwise be prohibited under

section 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat] .

(2) The minister may only enter into an agreement under this

section if in the minister’s

opinion:

(

a) the activity authorized is necessary for the protection of human health or safety;

(

b) the main purpose of the activity authorized is to assist, and the activity will

assist, in the protection or recovery of the species specified in the permit;

(

c) an overall benefit to the species will be achieved within a reasonable time through

requirements imposed by the terms of the agreement, if:

(

i) all reasonable alternatives have been considered, including alternatives that

would not adversely affect the species, and the best alternative has been adopted,

and

(ii) all reasonable steps to minimize adverse effects on individual members of the

species are required by the terms of the agreement; or

(

d) the agreement is with a First Nation or a member of a First Nation and would

not jeopardize the survival or recovery of the species specified in the agreement.

(3) For all other agreements, such as those pertaining to activities with significant

social or economic benefits to British Columbia, the minister must refer to the Natural

Resource Board Committee.

(4) Before entering into an agreement under this section, the minister must consider

any ministerial statements.

(5) A party may not rely on an agreement under this

section unless the party has

complied with the terms of the agreement.

Permits

(1) The minister may issue a permit to a person authorizing an activity that would

otherwise be prohibited by

section 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat] .

(2) The minister may issue a permit under this

section only if in the minister’s

opinion:

(

a) the activity authorized by the permit is necessary for the protection of human

health or safety;

(

b) the main purpose of the activity authorized by the permit is to assist, and that

the activity will assist, in the protection or recovery of the species specified in

the permit;

(

c) an overall benefit to the species will be achieved within a reasonable time through

requirements imposed by conditions of the permit, and

(

i) all reasonable alternatives have been considered, including alternatives that

would not adversely affect the species, and the best alternative has been adopted,

and

(ii) all reasonable steps to minimize adverse effects on individual members of the

species are required by conditions of the permit;

(

d) the permit is issued to a First Nation or a member of a First Nation and would

not jeopardize the survival or recovery of the species specified in the agreement.

(3) For all other permits, such as those pertaining to activities with significant

social or economic benefits to British Columbia, the minister must refer to the Natural

Resource Board Committee.

(4) Before issuing a permit under this section, the minister must consider any ministerial

statements.

(5) A permit issued under this

section may contain such conditions as the minister

considers appropriate.

(6) Without limiting the generality of subsection (5), conditions in a permit may,

(

a) limit the time during which the permit applies;

(

b) limit the circumstances in which the permit applies;

(

c) require the holder of the permit to take steps specified in the permit, and require

that steps be taken before engaging in the activity authorized by the permit;

(

d) require the holder of the permit to furnish security in an amount sufficient

to ensure compliance with the permit;

(

e) require the holder of the permit to ensure that the activity authorized by the

permit, and the effects of the activity, are monitored in accordance with the permit;

(

f) require the holder of the permit to rehabilitate habitat damaged or destroyed

by the activity authorized by the permit, or to enhance another area so that it could

become habitat suitable for the species specified in the permit; or

(

g) require the holder of the permit to submit reports to the minister.

(7) An authorization described in subsection (1) does not apply unless the holder

of the permit complies with all requirements imposed by the permit.

(8) A permit will expire after five years.

(9) The minister may delegate his or her powers under this section, in accordance

with the limitations prescribed by regulation.

Amending or revoking a permit with consent

(1) The minister may with the consent of the holder of a permit

(

a) amend the permit, if it was issued under

section 28 (2) (a), (

b) or (c),

(

b) revoke the permit.

(2) The minister may delegate his or her powers under this section, in accordance

with the limitations prescribed by regulation.

Amending or revoking a permit without consent

(1) The minister may without the consent of the holder of a permit amend or revoke

the permit if,

(

a) the minister is of the opinion that the revocation or amendment,

(

i) is necessary to prevent jeopardizing the survival or recovery, in British Columbia,

of the species specified in the permit, or

(ii) is necessary for the protection of human health or safety, and

(

b) if the permit was approved by the Lieutenant Governor in Council, the amendment

or revocation has been approved by the Lieutenant Governor in Council.

(2) Before amending or revoking a permit under this

section the minister must serve

the holder of the permit with notice of

(

a) the amendments that the minister intends to make to the permit, or the ministers

intent to revoke the permit,

(

b) the reasons for amending or revoking the permit, and

(

c) the permit holders right to appeal the decision under

section 32.

(3) An amendment or revocation under this

section comes into effect 15 days after

the notice is served.

(4) The minister may delegate his or her powers under this section, in accordance

with the limitations prescribed by regulation.

Instruments under other Acts

(1) In this section,

"authorizing official" means,

(

a) with respect to an agreement that authorizes a person to engage in an activity,

any federal, provincial or municipal official who entered into the agreement, or

(

b) with respect to any other instrument, the person who issued, made or approved

the instrument;

"instrument" means an agreement, permit, licence, order, approved plan or other similar document;

"issued" with respect to an instrument includes, entered into, made, or approved.

(2) An instrument authorizing a person to engage in an activity has the same effect

as a permit issued under

section 28 if,

(

a) the instrument was issued under:

(

i) an enactment of British Columbia;

(ii)

an Act of Canada; or

(iii) a regulation passed pursuant to

an Act of Canada;

(

b) the authorizing official is either;

(

i) the minister or his delegate; or

(ii) any other person provided that:

(

A) the provision referred to in paragraph (

a) is prescribed by regulation; and

(

B) the minister has entered into an agreement with that person to issue an instrument

under the provision referred to in paragraph (

a) for the purposes of this Act;

(

c) before issuing the instrument the authorizing official considered any ministerial

statements; and

(

d) at the time the instrument was issued, in the opinion of the authorizing official:

(

i) the activity authorized by the instrument was necessary for the protection of

human health or safety,

(ii) the main purpose of the activity authorized by the instrument was to assist

in the protection, survival, or recovery of the species specified in the instrument,

and that it would have that effect,

(iii) an overall benefit to the species would be achieved within a reasonable time

through requirements imposed by the instrument, and

(

A) reasonable alternatives had been considered, including alternatives that would

not adversely affect the species, and the best alternative was adopted, and

(

B) all reasonable steps to minimize adverse effects on individual members of the

species were required by the instrument.

(3) Subsection (1) does not apply to an instrument unless the person seeking to rely

on the instrument has complied with any requirements imposed by the instrument.

Part 6 – Natural Resource Board Committee

Board establishment

(1) The Natural Resource Board Committee, hereinafter in this

section referred to

as the "Board", is established as a corporation consisting of the members appointed

under subsection (4).

(2) The Board shall review any application submitted to it pursuant to this

section

and determine whether or not to grant an exemption from the requirements set forth

in this Act and regulations.

(3) The Board consists of seven persons appointed under this

section who are knowledgeable

in either:

(

a) a scientific discipline such as conservation biology, population dynamics, taxonomy,

systematics, genetics or climatology; or

(

b) aboriginal traditional knowledge.

(4) The Lieutenant Governor in Council must

(

a) appoint members to the Board,

(

b) ensure that at any time there are at least 5 members,

(

c) designate one of the members as the chair of the committee, and

(

d) designate one of the members as the deputy chair of the committee.

(5) Members of the Board shall receive no additional pay on account of their service

on the Board.

(6) While away from their homes or regular places of business in the performance

of services for the Board, members of the Board shall be allowed travel expenses,

including per diem in lieu of subsistence, in the same manner as persons employed

intermittently in the Government service are allowed expenses.

(7) Five members of the Board or their representatives shall constitute a quorum

for the transaction of any function of the Board, except that, in no case shall any

representative be considered in determining the existence of a quorum for the transaction

of any function of the Board if that function involves a vote by the Board on any

matter before the Board.

(8) The Board shall meet at the call of the Chairman or five of its members, and

all meetings and records of the Board shall be open to the public.

(9) The Board may for the purpose of carrying out its duties under this

section hold

such hearings, sit and act at such times and places, take such testimony, and receive

such evidence, as the Board deems advisable.

(10) When so authorized by the Board, any member or agent of the Board may take any

action which the Board is authorized to take under subsection (9).

(11) Subject to the Privacy Act , the Board may secure directly from any provincial agency information necessary to

enable it to carry out its duties under this section, and upon request of the Chairman

of the Board, the head of such Provincial agency shall furnish such information to

the Board.

(12) In carrying out its duties under this section, the Board may promulgate and

amend such rules, regulations, and procedures, and issue and amend such orders as

it deems necessary.

(13) For the purpose of obtaining information necessary for the consideration of

an application for an exemption under this

section the Board may issue subpoenas for

the attendance and testimony of witnesses and the production of relevant papers, books,

and documents.

(14) In no case shall any representative be eligible to cast a vote on behalf of

any member.

Application for exemption and report to the board

(1) A provincial department or a permit or licence applicant may apply to the minister

for an exemption if, after consultation, the minister’s opinion indicates that the

department action would violate

Part 4 of this Act.

(2) An application for an exemption shall be considered initially by the minister

in the manner provided for in this section, and shall be considered by the Board for

a final determination.

(3) In this section, the applicant for an exemption shall be referred to as the "exemption

applicant."

(4) An exemption applicant shall submit a written application to the minister no

later than 90 days after the completion of the consultation process, and in the case

of any agency action involving a permit or license applicant, such application shall

be submitted not later than 90 days after the date on which the provincial department

concerned takes final agency action with respect to the issuance of the permit or

license.

(5) For purposes of subsection (4), the term "final agency action" means

(

a) a disposition by an agency with respect to the issuance of a permit or licence

that is subject to administrative review, whether or not such disposition is subject

to judicial review; or

(

b) if administrative review is sought with respect to such disposition, the decision

resulting after such review.

(6) An application under subsection (4) shall set forth the reasons why the exemption

applicant considers that the agency action meets the requirements for an exemption

under this subsection.

(7) Upon receipt of an application for exemption for an agency action under subsection (1),

the minister shall promptly

(

a) notify the Board for consideration of such application; and

(

b) publish notice of receipt of the application on the Scientific Committee on Endangered

Species website, including a

summary of the information contained in the application

and a description of the agency action with respect to which the application for exemption

has been filed.

(8) The minister shall within 20 days after the receipt of an application for exemption,

or within such other period of time as is mutually agreeable to the exemption applicant

and the minister,

(

a) determine that the provincial department concerned and the exemption applicant

have

(

i) carried out the consultation responsibilities described in regulation and made

a reasonable and responsible effort to develop and fairly consider modifications or

reasonable and prudent alternatives to the proposed agency action which would not

violate

Part 4;

(ii) conducted any biological assessment required by the Scientific Committee on

Endangered Species; and

(iii) to the extent determinable within the time provided herein, refrained from

making any irreversible or irretrievable commitment of resources; or

(

b) deny the application for exemption because the provincial department concerned

or the exemption applicant have not met the requirements set forth in subparagraphs

(a) (i), (ii), and (iii).

(9) If the minister determines that the provincial department concerned and the exemption

applicant have met the requirements set forth in subsection (8) (a) (i), (ii), and

(iii) she shall, in consultation with the members of the Board, hold a hearing on

the application for exemption and prepare the report to be submitted pursuant to subsection

(10).

(10) Within 140 days after making the determinations under subsection (8) or within

such other period of time as is mutually agreeable to the exemption applicant and

the minister, the minister shall submit to the Board a report discussing;

(

a) the availability of reasonable and prudent alternatives to the department action,

and the nature and extent of the benefits of the department action and of alternative

courses of action consistent with conserving the species or the critical habitat;

(

b) a

summary of the evidence concerning whether or not the department action is

in the public interest and is of national or regional significance;

(

c) appropriate reasonable mitigation and enhancement measures which should be considered

by the Board; and

(

d) whether the provincial department concerned and the exemption applicant refrained

from making any irreversible or irretrievable commitment of resources prohibited by

subparagraph (8) (a) (iii).

(11) All meetings and records resulting from activities pursuant to this subsection

shall be open to the public.

Exemption

(1) The Board shall make a final determination whether or not to grant an exemption

within 30 days after receiving the report of the minister pursuant to

section 33 (10).

(2) The Board shall grant an exemption from the requirements of

Part 4 for a department

action if, by a vote of not less than five of its members voting in person;

(

a) it determines on the record, based on the report of the minister, the record

of the hearing and on such other testimony or evidence as it may receive, that;

(

i) there are no reasonable and prudent alternatives to the department action;

(ii) the benefits of such action clearly outweigh the benefits of alternative courses

of action consistent with conserving the species or its critical habitat, and such

action is in the public interest;

(iii) the action is of regional or national significance; and

(iv) neither the provincial department concerned nor the exemption applicant made

any irreversible or irretrievable commitment of resources prohibited by subparagraph

33 (8) (a) (iii); and

(

b) it establishes such reasonable mitigation and enhancement measures, including,

but not limited to, live propagation, transplantation, and habitat acquisition and

improvement, as are necessary and appropriate to minimize the adverse effects of the

agency action upon the endangered species, threatened species, or critical habitat

concerned. Any final determination by the Board under this subsection shall be considered

final agency action.

(3) Except as provided in paragraph (b),

(

a) an exemption for an agency action granted under subsection (2) shall constitute

a permanent exemption with respect to all endangered or threatened species for the

purposes of completing such agency action;

(

i) regardless whether the species was identified in the biological assessment; and

(ii) only if a biological assessment has been conducted under subsection (

c) with

respect to such department action.

(

b) an exemption shall be permanent under paragraph (

a) unless;

(

i) the minister finds, based on the best scientific and commercial data available,

that such exemption would result in the extinction of a species that was not the subject

of consultation under

section 34 or was not identified in any biological assessment

conducted under subsection 33 (8) (a) (ii), and

(ii) the Board determines within 60 days after the date of the minister’s finding

that the exemption should not be permanent.

Board orders

(1) If the Board determines under

section 34 that an exemption should be granted with

respect to any department action, the Board shall issue an order granting the exemption

and specifying the mitigation and enhancement measures established which shall be

carried out and paid for by the exemption applicant in implementing the department

action.

(2) All necessary mitigation and enhancement measures shall be authorized prior to

the implementing of the agency action and funded concurrently with all other project

features.

(3) The applicant receiving such exemption shall include the costs of such mitigation

and enhancement measures within the overall costs of continuing the proposed action.

(4) Notwithstanding subsection (2), the costs of such measures shall not be treated

as project costs for the purpose of computing benefit-cost or other ratios for the

proposed action.

(5) Any applicant may request the minister to carry out such mitigation and enhancement

measures and the costs incurred by the minster in carrying out any such measures shall

be paid by the applicant receiving the exemption.

(6) No later than one year after the granting of an exemption, the exemption applicant

shall submit to the Ministry of Environment and Climate Change Strategy a report describing

its compliance with the mitigation and enhancement measures prescribed by this section,

and such a report shall be submitted annually until all such mitigation and enhancement

measures have been completed.

(7) Notice of the public availability of such reports shall be published on the Scientific

Committee for Endangered Species website.

Part 7 – Enforcement

Production of identification

36 An officer who is acting under this Act must produce identification upon request.

Inspections for compliance with permit or agreement

(1) An officer may enter and inspect real or personal property without a warrant for

the purposes of determining whether there is compliance with provisions of

(

a) an agreement, or

(

b) a permit.

(2) This

section does not authorize an officer to enter into a premises used as a

private residence without the consent of the occupant.

Inspections for compliance with the Act

(1) On information on oath there are reasonable grounds to believe that an inspection

under this

section would assist in determining whether there is compliance with

section

18 [Prohibition on killing] , 19 [Prohibition on damage to habitat] , or 20 [Laws of other jurisdictions] of this Act, a justice may issue a warrant authorizing an officer to enter and inspect

real or personal property specified in the warrant, including a premises occupied

as a private residence.

(2) Despite subsection (1), an officer may search real or personal property if the

conditions for obtaining a warrant exist but because of exigent circumstances it is

not practical to obtain the warrant.

(3) For the purposes of subsection (3), "exigent circumstances" means circumstances in which the delay necessary to obtain the warrant would result

in danger to human life or safety or the loss or destruction of evidence.

(4) Subsection (3) does not authorize an officer to enter into a premises used as

a private residence without the consent of the occupant.

Inspections of vehicles, boats, and aircraft

(1) In this

section "vehicle" includes a vehicle as defined in the Motor Vehicle Act , an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act , a rail vehicle as defined in the Transport of Dangerous Goods Act and a vessel.

(2) An officer may stop a vehicle if the officer has reasonable grounds to believe

that stopping the vehicle would assist in determining whether there is compliance

with

(

a) section 18 [Prohibition on killing] , 19 [Prohibition on damage to habitat] , or 20 [Laws of other jurisdictions] ;

(

b) an agreement;

(

c) a permit; or

(

d) an order.

(3) When requested or signaled to do so by an officer who is readily identifiable

as an officer the operator of a motor vehicle must immediately:

(

a) stop the vehicle,

(

b) provide identification and the information that the officer considers necessary

to determine whether this Act and the regulations are being complied with.

(4) For the purposes of carrying out an inspection under this section, an officer

may

(

a) require that any compartment of the vehicle or any container in or on the vehicle

be opened, and

(

b) exercise any of the powers under

section 41 [conduct of inspection] .

Searches with respect to offences

(1) On information on oath that there are reasonable grounds to believe that an offence

under this Act has occurred or is occurring, a justice, on being satisfied that an

entry and a search are likely to provide evidence of such an offence, may issue a

warrant authorizing an officer:

(

a) to enter and search the real or personal property, including a premises occupied

as a private residence, specified in the warrant,

(

b) to take other actions as the justice considers appropriate in the circumstances

and authorizes in the warrant.

(2) Despite subsection (1), an officer may search real or personal property without

a warrant, if the conditions for obtaining a warrant exist but because of exigent

circumstances it is not practicable to obtain the warrant.

(3) For the purposes of subsection (3), "exigent circumstances" means circumstances in which the delay necessary to obtain the warrant would result

in danger to human life or safety or the loss or destruction of evidence.

(4) Subsection (3) does not authorize an officer to enter into a premises used as

a private residence without the consent of the occupant.

Conduct of inspection

(1) During an inspection or search authorized under this Part, an officer may do any

of the following:

(

a) take with him or her the persons and equipment that may be necessary for the

purposes of the inspection;

(

b) inspect, analyze, measure, sample or test land, or any article, or substance

located on or in the land, and premises, relevant to the inspection;

(

c) use a computer system at the place that is being inspected to examine data, contained

in or available to the computer system, related to the subject matter of the inspection;

(

d) record or copy by any method any information related to the inspection;

(

e) use copying equipment located at the place that is being inspected to make copies

to take away;

(

f) take photographs or make audio or video records;

(

g) take away samples of land, articles, or substances;

(

h) examine and take away copies of records relating to the inspection;

(

i) require a person to answer any questions relevant to the investigation.

(2) A person must provide information requested by an officer that is relevant to

the inspection under this Part.

(3) An inspection under this Part must occur at a time that is reasonable in view

of any activity that is conducted on the land or in the place, unless a different

time is authorized by warrant.

Seizure

(1) An officer who is lawfully in a building or other place may, without a warrant,

seize any thing that he or she has reasonable grounds to believe

(

a) has been obtained by the commission of an offence under this Act;

(

b) has been used in the commission of an offence under this Act;

(

c) will afford evidence of the commission of an offence under this Act.

(2) If the enforcement officer is in the building or other place pursuant to a warrant,

subsection (1) applies to any thing, whether or not it is specified in the warrant.

Detention of things seized

(1) With respect to any thing seized under

section 42 an officer must

(

a) deliver the thing for safekeeping to a person prescribed by the minister, or

(

b) leave a thing that he or she seizes in the custody of the occupant of the building

or other place in which it was seized.

(2) If any thing is left in the custody of an occupant under this section, the occupant

must safeguard the thing until either

(

a) an enforcement officer removes the thing,

(

b) the occupant is notified by an enforcement officer that the investigation has

concluded and that a charge will not be laid, or

(

c) if a charge is laid the charge is finally disposed of by

(

i) acquittal,

(ii) dismissal, or

(iii) withdrawal.

(3) This

section does not apply to a thing that is required to be carried before

a justice by a search warrant issued under the Offence Act .

Disposal of things seized

44 Anything seized and not forfeited under

section 45 must be returned to the person

from whom it was seized once

(

a) the investigation is concluded if a charge is not laid,

(

b) a charge is finally disposed of by

(

i) acquittal,

(ii) dismissal, or

(iii) withdrawal, or

(iv) conviction.

Forfeitures

(1) An item seized under

section 43 is forfeit to Her Majesty the Queen in Right of

British Columbia if

(

a) the identity of the person from whom a thing was seized has not been ascertained

within 30 days after the seizure,

(

b) the item is a dead animal, plant, or other organism and in the opinion of the

person who has custody of it,

(

i) it is likely to spoil, or

(ii) it cannot properly be maintained in custody,

(

c) the item was seized in connection with an investigation that led to a conviction

under this Act and the item is

(

i) an animal, plant, or other organism,

(ii) a cage, shelter, or other container, or

(iii) any other item ordered by a justice, or

(

d) a justice has determined that possession of the thing seized is an offence under

this Act.

(2) A justice may order an item forfeit in accordance with subsection (1) (d):

(

a) whether or not a charge is laid in respect of the thing seized, and

(

b) where a charge is laid with respect to that item even if the charge is disposed

of by

(

i) acquittal,

(ii) dismissal,

(iii) or withdrawal.

(3) A thing forfeited under this

section must be disposed of in accordance with the

directions of the minister.

(4) If a thing is forfeit under this section, a person who claims an interest in

the thing, may apply for an order directing that it be released to the person claiming

the interest if

(

a) the application is made within 30 days of the day the thing was seized;

(

b) the item is not forfeit under subsection (1) (b);

(

c) the applicant is not the person from whom the item was seized; and

(

d) the applicant was not convicted of a charge relating to the item seized.

(5) An order made under subsection (4) is subject to such conditions as may be imposed

by the justice.

Restraining orders

(1) An officer may make an order requiring a person to refrain from engaging in an

activity if the officer has reasonable grounds to believe that the person is, has,

or is about to engage in an activity that contravenes

(

a) section 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat] ,

(

b) an agreement,

(

c) a permit, or

(

d) an order.

(2) The order must

(

a) specify the provision that the enforcement officer believes is being, has been

or is about to be contravened,

(

b) briefly describe the nature of the contravention and its location, and

(

c) state that the order may be appealed in accordance with

section 32 of this Act.

Habitat protection order

(1) The minister may make an order described in subsection (2) if the minister has

reasonable grounds to believe that a person is engaging in or is about to engage in

an activity that will destroy or seriously damage an important feature of the habitat

of a species listed on the species at risk list as extirpated, endangered or threatened.

(2) An order issued under subsection (1) may do one or more of the following:

(

a) require the person to stop engaging in or not to engage in the activity,

(

b) prohibit the person from engaging in the activity except in accordance with the

directions set out in the order, and

(

c) direct the person to take the steps set out in the order to rehabilitate any

area damaged or destroyed by the activity.

(3) The order must

(

a) identify the species that the order relates to,

(

b) describe the nature of the activity and the important feature of the area affected

by the activity, and

(

c) state that the order may be appealed in accordance with

section 32 of this Act.

Service of orders

48 An order is effective on the date it is served, unless a later date is specified in

the order.

Arrest without warrant

(1) An officer may arrest without warrant a person that he or she has reasonable grounds

to believe is committing, has committed or is about to commit an offence under this

Act.

(2) If an enforcement officer arrests a person under this section, he or she must,

as soon as practicable, release the person from custody, unless the officer has reasonable

grounds to believe that

(

a) it is necessary in the public interest for the person arrested to be detained,

having regard to all the circumstances, including the need to

(

i) establish the identity of the person,

(ii) secure or preserve evidence of or relating to the offence, or

(iii) prevent the continuation or repetition of the offence or the commission of

another offence; or

(

b) the person arrested, if released, will not respond to a summons or offence notice

or will not appear in court.

(3) Sections 38 to 40 of the Offence Act apply if the person arrested is not released under subsection (2).

Necessary force

50 An enforcement officer may use as much force as is necessary to exercise any of his

or her powers under this Act.

Incidental authority to pass through

51 An officer and any person authorized to accompany the officer may enter and pass through

other private property for the purpose of reaching a land, building or other place

that the officer is authorized to enter under this Act.

Exemptions from Act, officers

52 The minister may, for the purpose of investigations and other law enforcement activities

under this Act, exempt an enforcement officer from the application of any provision

of this Act, subject to such conditions as the minister considers necessary.

Obstruction of officer

53 A person must not

(

a) knowingly make a false or misleading statement to an enforcement officer who

is acting under this Act; or

(

b) otherwise obstruct an enforcement officer who is acting under this Act.

Part 8 – Offences and Penalties

Offences

(1) A person is guilty of an offence if that person contravenes:

(

a) sections 18 [prohibition on killing] , 19 [prohibition on damage to habitat] , 20 [laws of other jurisdictions] , 24 (2) [vehicle must stop] , 26 (5) [occupant must safeguard seized item] , 38 [obstructing an officer] ,

(

b) any provision of an agreement,

(

c) any provision of a permit, or

(

d) any provision of an order.

(2) A person who attempts to do anything that would be an offence under this Act

is guilty of that offence.

Corporations

(1) If a corporation commits an offence under this Act, an officer, director, employee

or agent of the corporation is a party to the offence if that person directed, authorized,

assented to, acquiesced in, or participated in the commission of the offence.

(2) A person who is a party to an offence as defined in subsection (1) is guilty

of the offence and is liable on conviction to the punishment provided for by the offence,

whether or not the corporation has been prosecuted for the offence.

Employers and principals

56 In a prosecution for an offence under this Act, it is sufficient proof of the offence

to establish that it was committed by an employee or agent of the defendant acting

in the course of employment or agency, whether or not the employee or agent is identified

or has been prosecuted for the offence, unless the defendant establishes that

(

a) the offence was committed without the knowledge of the defendant; and

(

b) the offence was committed without the consent of the defendant.

Penalties

(1) A person convicted of a first offence under this Act is liable to

(

a) in the case of a corporation, to a fine of not more than $1,000,000;

(

b) in the case of any other person to

(

i) a fine of not more than $250,000,

(ii) imprisonment for a term of not more than one year, or

(iii) to both, and

(2) A person convicted of a second or subsequent offence under this Act is liable

(

a) in the case of a corporation, to a fine of not more than $2,000,000, or

(

b) in the case of any other person to

(

i) a fine of not more than $500,000,

(ii) to imprisonment for a term of not more than one year, or

(iii) to both.

(3) Despite subsection (2), if an offence involves more than one animal, plant or

other organism, the maximum fine that may be imposed is the amount that would otherwise

apply under subsection (1), multiplied by the number of animals, plants and other

organisms that are involved.

(4) The court that convicts a person of an offence under this Act, in addition to

any other penalty imposed by the court, may increase a fine imposed on the person

by an amount equal to the amount of the monetary benefit that was acquired by or that

accrued to the person as a result of the commission of the offence, despite the maximum

fine specified in subsection (1) or (2).

Order of compliance

(1) The court that convicts a person of an offence under this Act may, in addition

to imposing a fine or imprisonment, make an order against the person

(

a) not to engage in any activity that could, in the opinion of the court, result

in the continuation or repetition of the offence;

(

b) to take any action that the court considers appropriate to remedy or avoid any

harm to a species that resulted or may result from the commission of the offence,

including action to rehabilitate habitat damaged or destroyed by the offence;

(

c) to pay the Government of British Columbia or any other person for all or part

of any costs incurred to remedy or avoid any harm to a species that resulted or may

result from the commission of the offence, including action to rehabilitate habitat

damaged or destroyed by the offence;

(

d) to pay any person an amount for the purpose of assisting in the protection or

recovery of the species in respect of which the offence was committed;

(

e) to take such other steps as are specified in the order to comply with this Act;

(

f) to pay all or part of any expenses incurred by the minister or any other person

with respect to the seizure, storage or disposition of any thing seized in connection

with the offence.

(2) A person must comply with an order made under this section.

(3) If a person fails to comply with an order to take action under subsection (1)

(b), the minister may take such action as he or she considers appropriate to implement

the order, and any cost or expense incurred by the minister is a debt due to the Crown

and may be recovered by the minister in a court of competent jurisdiction in an action

against the person.

Limitation period

59 A prosecution for an offence under this Act must not be commenced more than five years

after the offence was committed.

Proof of inspected or seized things

60 In a prosecution under this Act, a copy of a document or other thing purporting to

be certified by an officer as a true copy of a document or other thing inspected or

seized under this Act or the Offence Act is admissible in evidence as proof, in the absence of evidence to the contrary, of

the document or other thing.

Part 9 – Miscellaneous

Existing First Nation or treaty rights

61 For greater certainty, nothing in this Act should be construed so as to abrogate or

derogate from the protection provided for First Nation or treaty rights of the aboriginal

peoples of Canada as recognized and affirmed in

section 35 of the Constitution Act, 1982 .

Species at Risk in British Columbia Stewardship Program

(1) A program to be known as the Species at Risk in British Columbia Stewardship Program

is hereby established.

(2) The purpose of the program is to promote stewardship activities that relate to

species listed on the species at risk list, including

(

a) the preservation and rehabilitation of habitat, and the enhancement of other

areas so that they can become habitat;

(

b) the implementation of recovery strategies and management plans;

(

c) public education and outreach programs relating to stewardship; and

(

d) other activities to assist in the protection or recovery of species.

(3) As part of the program, the minister may make grants for the purpose described

in subsection (2).

Advice

63 The minister may require the committee to make recommendations on any matter specified

by the minister that relates to

(

a) the role, in the administration of this Act, of the precautionary principle,

which, as described in the United Nations Convention on Biological Diversity, states

that, where there is a threat of significant reduction or loss of biological diversity,

lack of full scientific certainty should not be used as a reason for postponing measures

to avoid or minimize such a threat;

(

b) the development and delivery of incentive programs and stewardship programs,

including the Species at Risk in British Columbia Program;

(

c) the development and promotion of best management practices related to the protection,

survival, and recovery of species;

(

d) the development and delivery of public education and outreach programs;

(

e) the preparation and implementation of recovery strategies and management plans

under sections 11 and 12;

(

f) the assembly of scientific knowledge, including community knowledge and First

Nations traditional knowledge, that should be given to the committee to assist it

in the classification of species;

(

g) the role of agreements and permits under this Act in assisting in the protection

and recovery of species;

(

h) approaches that may be used under this Act to promote sustainable social and

economic activities that assist in the protection, survival, or recovery of species;

(

i) the regulations made under this Act; or

(

j) such other matters as the minister may specify.

Fees

(1) The minister may establish and charge

(

a) fees related to entering into agreements or issuing permits under this Act; and

(

b) fees for the use of facilities, equipment, services or other things provided

by the Ministry relating to species listed on the species at risk list.

(2) The minister may direct the refund of all or part of a fee if, in the minister’s

opinion, it is equitable to do so.

(3) A person must pay any fees charged by the minister under this Act.

(4) Unpaid fees under this Act are a debt owed to the Crown and are recoverable in

a court of competent jurisdiction.

Information for public

65 The minister must ensure that the following information is made available to the public:

(

a) general information about this Act and the regulations;

(

b) the most recent information that the minister has received from the committee;

(

c) all reports submitted to the minister by the committee;

(

d) all recovery strategies, management plans, and ministerial statements;

(

e) general information about the implementation of recovery strategies and management

plans;

(

f) general information about agreements and permits; and

(

g) general information about the enforcement of this Act.

Personal information

66 The Ministry may, for the purposes of this Act, collect personal information within

the meaning of

section 1 of the Freedom of Information and Protection of Privacy Act .

Application to crown

(1) This Act is binding on the Crown.

(2) Nothing in this Act prohibits any activity engaged in by the Ministry to assist

in the protection or recovery of species listed on the species at risk list.

Regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41

of the

Interpretation Act .

(2) Without limiting subsection (1) and in consultation with the Scientific Committee

on Endangered Species, the Lieutenant Governor in Council may make regulations as

follows:

(

a) prescribing an area as the habitat of a species that is listed on the species

at risk list for the purpose of the definition of "habitat" in

section 1;

(

b) governing the preparation of recovery strategies and management plans;

(

c) prescribing any matter that this Act refers to as a matter prescribed by the

regulations or as otherwise dealt with by the regulations;

(

d) prescribing fees relating to the acquisition of permits.

Part 10 – Consequential Amendments

Environmental Assessment Act

(1) Section 11 of the Environmental Assessment Act, S.B.C. 2002, c. 43, is amended

by adding the following subsection:

(2.1) The potential effects to be considered in the assessment must include impacts

on species listed under the Species at Risk Protection Act and on their habitat.

(2) Section 14 of the Act is amended by adding the following subsection:

(2.1) The potential effects to be considered in the assessment must include impacts

on species listed under the Species at Risk Protection Act and on their habitat.

Explanatory Note

This Bill enacts the Endangered Species Act, 2017 , a piece of legislation intended to: protect species from becoming endangered, threatened, at risk, extirpated, or extinct; rehabilitate native species with dwindling populations; protect wildlife habitat; and safeguard complete ecosystems so they can remain balanced and self-regulated.

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