moved:
Motion No. 84
That Bill C-5, in Clause 58, be amended by replacing lines 1 to 42 on page 32 and lines 1 to 7 on page 33 with the following:
“species or of a listed threatened species—or of a listed extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada—
(a) if the critical habitat is on federal lands, in the exclusive economic zone of Canada or on the continental shelf of Canada;
(b) if the listed species is an aquatic species; or
(c) if the listed species is a species of migratory birds protected by the Migratory Birds Convention Act, 1994.
(2) If a portion of the critical habitat is in a national park, a marine protected area under the Oceans Act, a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 or a national wildlife area under the Canada Wildlife Act, the competent Minister must, within 90 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, publish in the Canada Gazette a description of the portion of the critical habitat that is in that park, area or sanctuary.
(3) If subsection (2) applies, subsection (1) applies to the portion of the critical habitat described in the Canada Gazette under subsection (2) 90 days after the description is published in the Canada Gazette.
(4) With respect to any of the following, subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the competent minister, after consultation with every other competent minister, by order, specify:
(a) federal lands that are not in a park, area or sanctuary referred to in subsection (2);
(b) the exclusive economic zone of Canada;
(c) the continental shelf of Canada;
(d) aquatic species; and
(e) species of migratory birds protected by the Migratory Birds Convention Act, 1994.
(5) The competent minister must, within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, make the recommendation if he or she is of the opinion that there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11.
(6) If the competent minister is of the opinion that the order would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the order.
(7) If the competent minister is of the opinion that the order would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian and Northern Affairs and the band before recommending the making of the order.
(8) If the competent minister is of the opinion that the order would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the order.”.