Vol. 151, No. 22 -- November 1, 2017

Registration

SOR/2017-223 October 20, 2017

SPECIES AT RISK ACT

Emergency Order Amending the Emergency Order for the Protection of the Greater Sage-Grouse (Miscellaneous Program)

P.C. 2017-1256 October 19, 2017

Whereas the Minister of the Environment is of the opinion that the Greater Sage-Grouse faces imminent threats to its survival and recovery;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 80 of the Species at Risk Act (see footnote a), makes the annexed Emergency Order Amending the Emergency Order for the Protection of the Greater Sage-Grouse (Miscellaneous Program).

Emergency Order Amending the Emergency Order for the Protection of the Greater Sage-Grouse (Miscellaneous Program)

Amendment

1 Paragraph 4(3)(d) of the English version of the Emergency Order for the Protection of the Greater Sage-Grouse (see footnote 1) is replaced by the following:

  • (d) a structure or machine that is used to feed, handle, treat or provide water to grazing animals if it is used at the same place where it was used before the coming into force of this Order.

Coming into Force

2 This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The Standing Joint Committee for the Scrutiny of Regulations (see footnote 2) has identified a technical issue with the English version of paragraph 4(3)(d) of the Emergency Order for the Protection of the Greater Sage-Grouse (the Order) and has recommended that this paragraph in the Order be amended to address this issue.

Objectives

The objective of the Emergency Order Amending the Emergency Order for the Protection of the Greater Sage-Grouse (Miscellaneous Program) is to provide greater clarity to regulatees by correcting the English wording of paragraph 4(3)(d) of the Order concerning the non-application of the prohibitions to align with the wording used in the similar paragraph 3(5)(d) and the French version of paragraph 4(3)(d).

Description

The Standing Joint Committee for the Scrutiny of Regulations noted that the wording of the English version of paragraph 4(3)(d) concerning the non-application of the prohibitions differs from that used in the similar paragraph 3(5)(d) and the French version of paragraphs 3(5)(d) and 4(3)(d). Paragraph 3(5)(d) reads “a structure or machine that is used to feed, handle, treat or provide water to grazing animals if it is used at the same place where it was used before the coming into force of this Order,” whereas paragraph 4(3)(d) formerly read “a structure or machine that is used to feed, handle, treat or provide water to grazing animals if it is used at the same place where it was located on the date of the coming into force of this Order.”

An amendment has been made to the English version of paragraph 4(3)(d) to align it with the wording used in other similar paragraphs and the French version of paragraphs 3(5)(d) and 4(3)(d). The language now specifies in both paragraph 4(3)(d) and 3(5)(d) “if [the structure or machine] is used at the same place where it was used before the coming into force of this Order.”

“One-for-One” Rule

The “One-for-One” Rule does not apply to this amendment, as there is no change in administrative costs or burden to business.

Small business lens

The small business lens does not apply to this amendment, as there are no costs to small business.

Rationale

The amendment is in response to the Standing Joint Committee for the Scrutiny of Regulation’s review and contributes to improving the accuracy of the Emergency Order for the Protection of the Greater Sage-Grouse and consistency between the English and French text. The amendment will help to correct and improve the regulatory base, and does not impose any costs for the government or stakeholders.

Contact

Mary Jane Roberts
Director
Species at Risk Act Management and Regulatory Affairs
Canadian Wildlife Service
Department of the Environment
Gatineau, Quebec
K1A 0H3
Telephone: 1-800-668-6767
Email: ec.LEPreglementations-SARAregulations.ec@canada.ca

  • Footnote a
    S.C. 2002, c. 29
  • Footnote 1
    SOR/2013-202
  • Footnote 2
    For more information on the Standing Joint Committee for the Scrutiny of Regulations, visit the website for the House of Commons Procedures and Practices (http://www.parl.gc.ca/MarleauMontpetit/DocumentViewer.aspx?Lang=E&Sec=Ch17&Seq=3).