5, s. 18 (1). 2019, c. 9, Sched. necessary for the purpose of taking the reasonable steps mentioned in paragraph 1. No amending legislation available on CanLII. (5) In preparing a five-year report, the Agency shall consult with such persons as the Minister considers advisable by any means the Minister considers advisable. 5, 10 (5). (8) After considering the hearing officer’s report, the Minister may. (b)  a part of a living or dead animal, plant or other organism that is not easily distinguishable from a part of a member of a species that is listed on the Species at Risk in Ontario List shall be deemed, in the absence of evidence to the contrary, to be a part of a member of that species. The requirements of subsection 8.2 (3). 2019, c. 9, Sched. 2007, c. 6, s. 12 (3). The prohibitions currently apply broadly, unless an activity is exempted from the prohibitions, or the area of habitat that is protected is defined more precisely (i.e., scoped) in regulation. (3) The Auditor General may also audit the financial statements of the Agency. 5, s. 18 (1). (8) If a person is convicted of an offence and a fine is imposed, (a)  a thing seized in connection with the offence and not forfeited to the Crown in right of Ontario under this section shall not be returned until the fine has been paid; and. “species conservation charge” means a charge that is paid to the Agency in accordance with section 20.3. (a)  states that the Minister is of the opinion that additional time is required to prepare the strategy because of, (ii)  the desire to prepare the strategy in co-operation with one or more other jurisdictions, or. 2019, c. 9, Sched. 2007, c. 6, s. 20 (3). (3) The laws referred to in subsections (1) and (2) are laws of another jurisdiction that protect 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. General information about this Act and the regulations. (2) The purpose of the Fund shall be to provide for the funding of activities that are reasonably likely to protect or recover conservation fund species or support their protection or recovery. An order to pay the Government of Ontario 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. 5, s. 7. 23 (1) On application without notice, a justice may issue a warrant authorizing an enforcement officer to enter and inspect any land or other place if the justice is satisfied by information under oath that there are reasonable grounds to believe that an inspection under this section would assist in determining whether there is compliance with section 9, 10 or 49. 2019, c. 9, Sched. The amendments give new powers to the Minister to delay, limit and remove protections for at-risk species. 2007, c. 6, s. 5 (1). (i)  the agreement will not jeopardize the survival or recovery in Ontario of an impacted species under the agreement. (5) A direction of the Minister of Finance under subsection (4) may be general or specific and may include terms and conditions that the Minister of Finance considers advisable. 5, s. 18 (1). 2019, c. 9, Sched. iii. 5, s. 28 (3). 2019, c. 9, Sched. Money from sources prescribed by the regulations. 4. (4) Upon requiring COSSARO to reconsider a classification of a species under subsection (3), the Minister shall publish a notice of the requirement for a classification reconsideration on a website maintained by the Government of Ontario. 5, s. 6 (2). 7 (1) The Ministry official who holds the office designated under subsection (6) shall make and file a regulation that lists the following: 1. 3. (c)  state that a hearing on the order may be required in accordance with section 30. (ii)  an increase in the viability or resilience of an existing population of the species, (iii)  an increase in the distribution of the species within its natural range, or. (a)  the Minister is satisfied that at least one of the benefiting species specified in the agreement is also an impacted species under the agreement; (i)  the authorized party who enters into the agreement with the Minister meets any eligibility requirements prescribed by the regulations or is part of a class of persons prescribed by the regulations. 2019, c. 9, Sched. (3) An enforcement officer may enter and inspect any land or other place without a warrant for the purpose of determining whether there is compliance with any of the following provisions: 1. 5, s. 18 (1). (b)  the activity is reasonably likely to contribute to or have one or more of the following results with respect to a conservation fund species: (i)  the abatement or reversal of a declining population trend. (20) Subsection 9 (6) applies, with necessary modifications, to the references in this section to animals, plants and other organisms, and those references include references to any part of an animal, plant or other organism. (a)  kill, harm, harass, capture or take a living member of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species; (b)  possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade. 2019, c. 9, Sched. 2019, c. 9, Sched. 2007, c. 6, s. 16 (4). 2019, c. 9, Sched. 2019, c. 9, Sched. (4.2) If the Minister requires under subsection (3) that COSSARO reconsider its classification of a species set out in a first report made under section 6, (a)  the requirement under subsection 7 (4) for the Ministry official to make and file an amendment to the Species at Risk in Ontario List within 12 months after the day the first report is received no longer applies with respect to the species; and. only applies to that species in that area. Amendment or revocation of permits without consent. 5, s. 18 (1). All the species that are classified by COSSARO as special concern species. (18) An order made under subsection (17) is subject to such conditions as may be imposed by the justice. the area that should be considered in developing a regulation under clause 56 (1) (a) that prescribes an area as the habitat of the species. 22 An enforcement officer who is acting under this Act shall, on request, produce identification. 5, s. 6 (2). 5, s. 18 (1). A band as defined in the Indian Act (Canada). It is a robust system for managing Crown forests founded on an adaptive management approach to plan, implement, monitor and re-plan … The Minister would be able to limit ESA protections so that they apply only in … (c)  refrain from amending or revoking the permit. prescribed as a regulated activity for the purposes of section 18 by a regulation made under clause 18 (3) (a). (3) Subsection (2) does not relieve the Agency of any liability to which it would otherwise be subject in respect of an act or omission of a person mentioned in that subsection. (a)  the Minister is of the opinion that the activity authorized by the permit is necessary for the protection of human health or safety; (b)  the Minister is of the opinion that 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)  the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but. 6. General information about the implementation of recovery strategies and management plans. (a)  a summary of the evidence presented at the hearing; (b)  the hearing officer’s opinion on the merits of amending or revoking the permit, having regard to the requirements of clause 17 (7) (b) or 19 (9) (b), as the case may be, and the hearing officer’s recommendations; and. (a)  receive all money from sources listed in subsection 20.2 (1) and deposit it into the Fund; (b)  determine which activities are eligible for funding from the Fund; (c)  enter into funding agreements with persons to ensure that the funded activities are carried out in accordance with the purpose of the Fund; (d)  administer and manage the money in the Fund; (e)  pay money out of the Fund in accordance with the purpose of the Fund, section 20.7, the guidelines established by the Minister under section 20.8, section 20.10 and the regulations; and. The Ontario government is currently undertaking a review of the Endangered Species Act to improve protections for species at risk, consider modern and innovative approaches to achieve positive outcomes for species at risk, as well as to look for ways to streamline approvals and provide clarity to support economic development. (6) Subsections (3) and (4) do not apply to a thing that is required to be carried before a justice by a search warrant issued under Part VIII of the Provincial Offences Act. (d)  the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but. 2019, c. 9, Sched. (11) Despite any order under Part VIII of the Provincial Offences Act, any live animal, plant or other organism that is seized is forfeited to the Crown in right of Ontario if, in the opinion of the person who has custody of it, it cannot properly be maintained in custody. (2) Before entering into an agreement under this section, the Minister shall consider any government response statement that has been published under section 12.1 with respect to a recovery strategy for the species specified in the agreement. (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. (a)  a living or dead animal, plant or other organism that is not easily distinguishable from a member of a species that is listed on the Species at Risk in Ontario List shall be deemed, in the absence of evidence to the contrary, to be a member of that species; and. 2007, c. 6, s. 63. 2019, c. 9, Sched. (c)  set out activities with respect to a conservation fund species that are eligible to receive funding from the Fund, despite not meeting the requirements of subclause 20.7 (2) (b) (i). 5, s. 18 (1). (“redevance pour la conservation des espèces”) 2007, c. 6, s. 2 (1); 2019, c. 9, Sched. (b)  act as an in-house lobbyist within the meaning of subsection 5 (7) or 6 (5) of the Lobbyist Registration Act, 1998. 58 (1) A regulation may incorporate, in whole or in part and with such changes as the Minister or the Lieutenant Governor in Council considers necessary, a document, including a code, formula, standard, protocol, procedure or guideline, as the document may be amended or remade from time to time. (2) The purpose of a species conservation charge is to carry out the purpose of the Fund. 2007, c. 6, s. 20 (2). Our staff can't provide legal advice, interpret the law or conduct research. 2019, c. 9, Sched. Ontario’s Endangered Species Act, 2007 (ESA) is the province’s legislative commitment to protecting and recovering species at risk and their habitat. ENDANGERED SPECIES ACT EFFICIENCIES DEBATED The gypsy cuckoo bumble bee was added to Ontario’s species-at-risk list in 2015. Committee on the Status of Species at Risk in Ontario 4. 2019, c. 9, Sched. 5, s. 12. En savoir plus sur les navigateurs que nous supportons. 5, s. 18 (1). (3) Fund money received or held by the Agency shall not form part of the Consolidated Revenue Fund. The species is listed on the Species at Risk in Ontario List as an endangered or threatened species, a regulation under subsection 9 (1.2) provides that some of the prohibitions in subsection 9 (1) do not apply with respect to the species, and, as a result of the regulation, section 9 will not prevent the person from engaging in the activity. Timeline: May 2007: ESA is passed with broad support from the province’s major political parties and environmental organizations. 5, 18 (2)). (b)  not later than the date specified by the Minister, submit a second report to the Minister under section 6 which shall either confirm the classification of the species in the first report or reclassify the species. 2007, c. 6, s. 26 (18). 2007, c. 6, s. 7 (3). 2007, c. 6, s. 16 (2); 2019, c. 9, Sched. Species at Risk in Ontario Stewardship Program. 2019, c. 9, Sched. A person who is authorized under section 18 to engage in an activity that would otherwise be prohibited under section 9 or 10 and who is required to pay the charge under the regulations made under subsection (3). RELATED: Federal Court Finds Canada Has Failed to Uphold Endangered Species Act. 5, s. 14. (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)  a hand signal to stop, in the case of a vehicle or boat. Any provision of the regulations. 2. (b)  either of the following requirements are satisfied: (i)  the activity is consistent with the actions that are identified in the government response statement as actions the government intends to take, lead or support, or. (iii)  the Minister is of the opinion that the activity will not jeopardize the survival or recovery of the species in Ontario, (iv)  the Minister is of the opinion that reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and. 5, s. 30. A species shall be classified as an extirpated species if it lives somewhere in the world, lived at one time in the wild in Ontario, but no longer lives in the wild in Ontario. (ii)  respecting the composition of the board of directors. 2. (2) Before a regulation is made under clause (1) (a) prescribing an area as the habitat of a species, the Minister shall consider any recovery strategy that has been prepared for the species under section 11 and any government response statement that has been published under subsection 12.1 (1) with respect to the recovery strategy. 2019, c. 9, Sched. 2007, c. 6, s. 3 (6). Consolidation Period: From June 30, 2008 to the e-Laws currency date. 12.1 (1) Where a recovery strategy or management plan is prepared under section 11 or 12, the Minister shall publish a statement that sets out the policy with respect to the actions that the Government of Ontario intends to take in response to the recovery strategy or management plan, and the Government’s priorities with respect to taking those actions. The person shall carry out the acts or possess or transport something only if doing so is, i.  necessarily incidental to the activity that was authorized by the permit, agreement or instrument referred to in subsection (1), or. iii. 3. 2007, c. 6, s. 25 (9). If COSSARO indicated that the classification applies only to a specified geographic area, the area specified by COSSARO. 20.16 (1) Every year, the Agency shall provide a report to the Minister no later than 120 days after the end of the Agency’s fiscal year in respect of. 20.1 (1) A fund is hereby established under the name Species at Risk Conservation Fund in English and Fonds pour la conservation des espèces en péril in French, subject to any conditions that may be prescribed by the regulations. A species shall be classified as a threatened species if it lives in the wild in Ontario, is not endangered, but is likely to become endangered if steps are not taken to address factors threatening to lead to its extinction or extirpation. (a)  set out the amendments that the Minister intends to make to the permit, or state that the Minister intends to revoke the permit, as the case may be; (b)  set out the Minister’s reasons for amending or revoking the permit; and. The species is listed on the Species at Risk in Ontario List as an endangered or threatened species and the application of the prohibitions in subsection 10 (1) with respect to the habitat of the species is temporarily suspended by virtue of an order made by the Minister under section 8.1. 5, 15 (5). 2019, c. 9, Sched. (5) Subsection (4) does not apply to a strategy if, before the time limit set out in subsection (4) expires, the Minister publishes a notice on a website maintained by the Government of Ontario that. 21 The Minister may appoint persons or classes of persons as enforcement officers for the purposes of this Act. (iv)  respecting the Agency’s ability to hire or employ persons or providing that employees may be appointed under Part III of the Public Service of Ontario Act, 2006. (i)  require that the activity be carried out in a prescribed manner or subject to prescribed conditions and restrictions. 38 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. 5, s. 18 (1). An order to take such other steps as are specified in the order to comply with this Act. 5, s. 18 (1). No amendments. 56 (1) Subject to section 57, the Minister may make regulations. (4) The Minister of Finance may in writing direct a person other than the Ontario Financing Authority to perform the functions referred to in subsection (3). (4) Before entering into a landscape agreement, the Minister shall consider, (a)  any government response statement that has been published under section 12.1 in respect of each benefiting and impacted species under the agreement; and. (4) The activities that are prescribed by the regulations are not eligible to receive funding from the Fund. 2007, c. 6, s. 4 (2). 2007, c. 6, s. 52. (a)  amend the permit as set out in the notice under subsection (2) or in another manner; (b)  revoke the permit as set out in the notice under subsection (2), or amend the permit instead of revoking it as set out in the notice under subsection (2); or. (“espèce touchée”) 2019, c. 9, Sched. (10) The Agency shall not engage in commercial activity through an individual, corporation or other entity that is related to the Agency, to a member of its board of directors or to any of its officers, except as permitted by the regulations. 2007, c. 6, s. 23 (8). 2007, c. 6, s. 41 (2). 2007, c. 6, s. 44. (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; or. 2007, c. 6, s. 19 (4). (1.2) Subject to section 57, the Minister may, by regulation, limit the application of the prohibitions in subsection (1) with respect to a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species. 29 (1) An order under section 27, 27.1 or 28 shall be served personally or by registered mail addressed to the person against whom the order is made at the person’s last known address. (7) An order may not be made under this section with respect to a species if, before the species classification set out in the most recent COSSARO report submitted under section 6, the species, or some members of the species, were classified under a different common or scientific name that appeared on the Species at Risk in Ontario List as belonging to an endangered or threatened species. 2007, c. 6, s. 26 (19). (a)  identify the species that the order relates to; (b)  briefly describe the nature of the activity and the important feature of the area affected by the activity; and. 2. (7) Any thing seized and not forfeited under this section shall be returned to the person from whom it was seized if, (a)  a charge is not laid at the conclusion of the investigation; or. The United Nations Convention on Biological Diversity takes note of the precautionary principle, which, as described in the Convention, 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. To protect species that are at risk and their habitats, and to promote the recovery of species that are at risk. (4.1) A notice under subsection (4) shall. 2007, c. 6, s. 26 (14). 5, s. 20. 2007, c. 6, s. 25 (4). Unfortunately, throughout the world, species of animals, plants and other organisms are being lost forever at an alarming rate. Accéder aux paramètres de votre navigateur. Industries such as forestry, mining and mineral exploration already have broad exemptions from protecting the habitat of endangered species.” In Ontario, the species-at-risk list currently includes 243 plants and animals. 2019, c. 9, Sched. Compared to previous legislation, this new law more than triples the number of species and habitats that are protected. (4) A person shall not be convicted of an offence for contravening subsection (1) or (2) if the person establishes that the person honestly and reasonably believed that the law of the other jurisdiction. (6) A warrant issued under subsection (1) or (5) is valid for 30 days or for such shorter period as may be specified in it. (2) If the Minister receives a request for a hearing in accordance with subsection (1), the Minister shall appoint a hearing officer to hold the hearing. 2007, c. 6, s. 10 (1). 2019, c. 9, Sched. 5, s. 16. (3) COSSARO shall ensure that the Minister is provided with up to date copies of the criteria referred to in paragraph 1 of subsection (1) and the list referred to in paragraph 2 of subsection (1). 4  The classification of Bald Eagle applies to the part of Ontario south of the French and Mattawa Rivers. (5) A regulation under this section comes into force on the day it is filed. 5, s. 18 (1). (3) The Minister shall give the Agency the notice that the Minister considers reasonable in the circumstances before issuing a direction. (4.1) The 12-month period referred to in subsection (4) applies with respect to any report from COSSARO received by the Minister in 2019 before the day subsection 5 (1) of Schedule 5 of the More Homes, More Choice Act, 2019 comes into force. 20.17 The Agency shall make the reports provided under subsections 20.16 (1) and (4) available to the public on a website maintained by the Agency and in any other manner that may be prescribed by the regulations and in accordance with any requirement set out in the operating agreement. 46 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal or treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. (4) The guidelines established under this section is not a regulation under Part III of the Legislation Act, 2006. 5, s. 18 (1). ii. 5, s. 18 (1). Now, the Minister can reject the status of a species recommended by COSSARO and delay official listing for one year. 2007, c. 6, s. 26 (16). 1  The classification of Bald Eagle applies to the part of Ontario north of the French and Mattawa Rivers. (a)  prescribing, for the purpose of clause (a) of the definition of “habitat” in subsection 2 (1), an area as the habitat of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species; (b)  prescribing conditions for the purposes of clause 9 (1.3) (d); (c)  respecting the criteria for entering into a landscape agreement under clause 16.1 (3) (b) including. 2007, c. 6, s. 23 (5). 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