(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. 5, s. 18 (1). (6) The Minister shall not publish a notice under subsection (5) in respect of a species if he or she is of the opinion that a delay in the preparation of the strategy will jeopardize the survival or recovery of the species in Ontario. (viii)  respecting the Agency’s authority to engage in commercial activities, including activities with persons or entities that are related to the Agency, a member of its board of directors or to any of its officers. (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. (4) The activities that are prescribed by the regulations are not eligible to receive funding from the Fund. 2019, c. 9, Sched. (b)  without the consent of the holder of a permit issued under this section, but subject to section 20, revoke or amend the permit, if the Minister is of the opinion that the revocation or amendment. 48.1 The Minister may establish codes of practice, standards or guidelines with respect to the protection of species that are listed on the Species at Risk in Ontario List or their habitat. The amendments give new powers to the Minister to delay, limit and remove protections for at-risk species. 3. 2019, c. 9, Sched. 5, s. 16. (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. 2019, c. 9, Sched. 4 (1) COSSARO shall perform the following functions: 1. 59-62 Omitted (amends or repeals other Acts). 2019, c. 9, Sched. give the Minister’s reasons for the opinions in subparagraphs i and ii. 2019, c. 9, Sched. (iii)  describing the area in any other manner; (b)  may prescribe areas where the species lives, used to live or is believed to be capable of living; and. (4.1) A notice under subsection (4) shall. Pour avoir une meilleure expérience, vous devez : You are using an outdated browser that is no longer supported by Ontario.ca. 2007, c. 6, s. 30 (1). 3. Conservation efforts have however been put in place to change the status of these species. 3. (2) Despite subsection (1), if the Minister makes an order under section 8.1 temporarily suspending the application of all or some of the prohibitions referred to in subsection (1) with respect to a species upon that species being listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, those prohibitions shall not apply to a person referred to in subsection (1) for a further period of one year starting immediately after the end of the period of temporary suspension. (a)  with the consent of the holder of a permit issued under this section, (i)  amend the permit, whether it was issued under clause (2) (a), (b), (c) or (d), if the Minister is of the opinion that the permit could be issued under the same clause in its amended form, or. (5) Before entering into an agreement or issuing a permit 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 or permit. iii. 36 (1) A person is guilty of an offence if the person contravenes any of the following provisions: 1. 2019, c. 9, Sched. 27.1 (1) The Minister may make an order described in subsection (2) if he or she has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that has or is about to have a significant adverse effect on a species and one or more of the following criteria are satisfied: 1. 3. 2007, c. 6, s. 9 (1). (2) When COSSARO classifies a species, the classification shall be deemed to apply to all of Ontario unless COSSARO indicates that the classification applies only to a specified geographic area in Ontario. 2019, c. 9, Sched. (c)  the defendant is acquitted or the charge is dismissed or withdrawn, if a charge is laid and the charge is finally disposed of. (2) A review under subsection (1) shall be conducted no later than, (a)  the time specified in the government response statement; or. A band as defined in the Indian Act (Canada). (Lespedeza virginica), Small White Lady’s-slipper (Cypripedium candidum), Small Whorled Pogonia (Isotria medeoloides), Spotted Wintergreen (Chimaphila maculata), Virginia Goat’s-rue (Tephrosia virginiana), Western Silvery Aster (Symphyotrichum sericeum), Northern Dusky Salamander (Desmognathus fuscus), Lake Erie Watersnake (Nerodia sipedon insularum), American White Pelican (Pelecanus erythrorhynchos), Kirtland’s Warbler (Dendroica kirtlandii), Prothonotary Warbler (Protonotaria citrea). 2007, c. 6, s. 26 (8). 5, s. 4. You may need an overall benefit permit to perform an activity that is not otherwise allowed under the Endangered Species Act. 5, s. 26. 2007, c. 6, s. 25 (2). 20.11 (1) The Minister and the Agency shall enter into an operating agreement with respect to the Agency in accordance with this section. 20.4 (1) The Lieutenant Governor in Council may, by regulation, establish a corporation without share capital to be known in English as the Species at Risk Conservation Trust and in French as Fiducie pour la conservation des espèces en péril. Where government response statement published. (a)  prescribing criteria for the purpose of subclause 8.1 (3) (c) (v); (b)  exempting any person, activity, species or thing from one or more of the prohibitions listed in subsection 9 (1) or 10 (1), subject to any conditions or restrictions prescribed by the regulations; (c)  providing that subsection 11 (1) or (7) has no application to a species, if subsections 9 (1) and 10 (1) have no application to the species; (d)  governing the preparation of recovery strategies under section 11 and management plans under section 12; (e)  governing the Fund, its establishment and all matters relating to its management and administration including prescribing other sources of money that constitute the Fund for the purposes of paragraph 6 of subsection 20.2 (1) and respecting the payment of money out of the Fund; (i)  providing for the governance and management of the Agency, including providing for a chief executive officer. Note: On the later of the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and July 1, 2019, subsection 20.4 (5) of the Act is repealed and the following substituted: (See: 2019, c. 9, Sched. 2019, c. 9, Sched. (ix)  respecting applications for funding made to the Agency, the eligibility of activities for funding from the Agency, the funding agreements entered into between the Agency and funding recipients and the terms and conditions thereof. An order 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)  the Minister is of the opinion that the species meets at least one of the following criteria: (i)  the species is broadly distributed in the wild in Ontario. 5, s. 14. (3) COSSARO shall not submit an additional report with respect to the classification of species to the Minister unless, (a)  the Minister has requested that COSSARO classify a species or reconsider its classification of a species under section 8; or. 5, s. 18 (1). (2) The order may include any one or more of the following orders: 1. 2007, c. 6, s. 23 (8). 5, s. 18 (1). A species shall be classified as a special concern species if it lives in the wild in Ontario, is not endangered or threatened, but may become threatened or endangered because of a combination of biological characteristics and identified threats. 5, s. 18 (1). 2007, c. 6, s. 25 (3). 2007, c. 6, s. 3 (3). Endangered Species Act, 2007, SO 2007, c 6, <, This statute is current to 2019-12-08 according to the, Transition — SPECIES Declared to be threatened with extinction in regulation 328 of the revised regulations of ontario, 1990, Transition — SPECIES to be listed as extirpated species, Transition — SPECIES to be listed as endangered species, Transition — SPECIES to be listed as threatened species, Transition — SPECIES to be listed as special concern species, 3. between Jul 1, 2019 and Jul 20, 2020 (past), 2. between Jun 30, 2008 and Jun 30, 2019 (past), 1. between May 17, 2007 and Jun 29, 2008 (past), Freedom of Information and Protection of Privacy Act. But let’s take a step back to a time when the Endangered Species Act was a cause for celebration, not the centre of a bitter legal dispute. Endangered Species Act, 2007. 5, s. 16. 2007, c. 6, s. 48. 2007, c. 6, s. 29 (3); 2019, c. 9, Sched. 2007, c. 6, s. 8 (2); 2019, c. 9, Sched. (3) Before issuing a permit 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 permit. 3. 2019, c. 9, Sched. 2019, c. 9, Sched. 2007, c. 6, s. 7 (5). (ii)  reasonable steps be taken to minimize adverse effects on the prescribed species. 2019, c. 9, Sched. 5, s. 18 (1). 2019, c. 9, Sched. Timeline: May 2007: ESA is passed with broad support from the province’s major political parties and environmental organizations. (9) The Minister is entitled to be heard at the hearing. Our staff can't provide legal advice, interpret the law or conduct research. (vii)  respecting the Agency’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a subsidiary and any restrictions on that authority. The Ontario Endangered Species Act, 2007 (ESA) is a safety net intended to pull species back from the brink of extinction. 5, s. 18 (1). (3) COSSARO shall classify species based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge. 2007, c. 6, s. 11 (4); 2019, c. 9, Sched. 5, s. 12. 21 The Minister may appoint persons or classes of persons as enforcement officers for the purposes of this Act. The major threats to these species include habitat loss, illegal hunting, and genetic alteration. (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. 2019, c. 9, Sched. 2019, c. 9, Sched. (5) The members of COSSARO shall perform their functions in an independent manner, and not as representatives of their employers or of any other person or body. 5, 15 (5). 16 (1) The Minister may enter into agreements for the purpose of assisting in the protection or recovery of a species specified in the agreement that is listed on the Species at Risk in Ontario List. (4) The criteria for assessing and classifying species as endangered, threatened or special concern species under paragraph 1 of subsection 4 (1) shall include considerations of, (a)  the species’ geographic range in Ontario; and. Information that could lead to contravention. 2019, c. 9, Sched. 2019, c. 9, Sched. (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. 5, s. 6 (1). 2007, c. 6, s. 25 (5). Compared to previous legislation, this new law more than triples the number of species and habitats that are protected. 2007, c. 6, s. 26 (17). 20.9 (1) If the Minister considers it advisable in the public interest to do so, the Minister may issue directions to the Agency relating to the governance and administration of the Agency or the administration or management of the Fund. (6) The Minister may issue policy statements governing the form and content of landscape agreements. 5, s. 7. (d)  state the reason for the suspension. (3) The Minister may issue a permit to a person or body referred to in subsection (1) that, with respect to a species specified in the permit that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, authorizes aboriginal persons described in the permit or the holder of the permit to engage in an activity specified in the permit that would otherwise be prohibited by section 9 or 10. An order to take such other steps as are specified in the order to comply with this Act. Ontario provides protections for species at risk and their habitats through the Endangered Species Act (ESA). (See: 2020, c. 18, Sched. (8) The person who required the hearing and such other persons as the hearing officer may specify are parties to the hearing. (c)  Repealed: 2019, c. 9, Sched. (2) Nothing in this Act prohibits any activity engaged in by the Ministry or any other ministry of the government of Ontario to assist in the protection or recovery of species listed on the Species at Risk in Ontario List. 2019, c. 9, Sched. One of the devastating changes made to the ESA, that Ontario Nature, 86 scientists and many forward-thinking municipalities fiercely challenged, was the undermining of the requirement that industry and developers must compensate for harm done to threatened and endangered species. (c)  includes a reference to the member of the species, whether or not it originated in Ontario. (A)  take actions to achieve a benefit that will assist with the protection or recovery of the species referred to in clause (b), (B)  consider reasonable alternatives to the regulated activity before engaging in that activity, including alternatives that would not adversely affect a species referred to in clause (b), and. 2007, c. 6, s. 27 (1); 2019, c. 9, Sched. 2. 2019, c. 9, Sched. The Endangered Species Act prohibits the harm and harassment of protected species and damage or destruction to their habitat. 2007, c. 6, s. 20 (9). 5, s. 20. 2019, c. 9, Sched. (2) COSSARO shall be composed of such number of members as may be appointed by the Lieutenant Governor in Council. (1.1) If a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, the application of the prohibitions in subsection (1) with respect to the species is subject to any order made under section 8.1. 10 (1) No person shall damage or destroy the habitat of, (a)  a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species; or. 2019, c. 9, Sched. (8) The holder of a permit issued under this section and the aboriginal persons who are authorized by the permit to engage in an activity that would otherwise be prohibited by section 9 or 10 shall comply with any requirements imposed on them by the permit. 2007, c. 6, s. 36 (1); 2019, c. 9, Sched. (8) The Lieutenant Governor in Council may, by order, delegate all or part of the authority of the Minister of Finance under subsection (7) to a public servant who works in the Ministry of Finance, other than in the office of the Minister, or who works in the Ontario Financing Authority. ii. When it was introduced in 2007, Ontario’s Endangered Species Act (ESA) was considered the gold standard for species protection in North America. 2019, c. 9, Sched. (c)  the reasons for the hearing officer’s opinion and recommendations. (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. (6) Subsections (1) to (5) do not prevent an enforcement officer from obtaining a search warrant under Part VIII of the Provincial Offences Act. (x)  prescribing activities for the purposes of subsection 20.7 (4). (5) If any thing is left in the custody of an occupant under subsection (4), the occupant shall safeguard the thing until. (4) The person who required the hearing and such other persons as the hearing officer may specify are parties to the hearing. (3) The annual report shall be signed by the chair of the board of directors of the Agency. (c)  refrain from amending or revoking the permit. 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. 2007, c. 6, s. 26 (2). 2007, c. 6, s. 24 (1); 2019, c. 9, Sched. 2007, c. 6, s. 19 (9). (14) On motion in a proceeding under the Provincial Offences Act, or on application in accordance with the rules of court applicable to applications under that Act, a justice shall determine whether possession of a thing seized is an offence under this Act and, if it is, the justice shall order that the thing be forfeited to the Crown in right of Ontario. (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). (ii)  subject to subsection (2.1), the person who would be authorized to engage in the activity has agreed to pay to the Agency any species conservation charge that is required under the permit. (iii)  excluding impacted species for the purposes of subclause 16.1 (3) (b) (iv); (d)  designating species as conservation fund species; (e)  governing species conservation charges including. 5. 2019, c. 9, Sched. 2007, c. 6, s. 17 (4). As per the assessment by the IUCN Red List of Endangered species, there are 33 endangered mammal species in Ontario. 15 A recovery strategy or management plan prepared under section 11 or 12 may incorporate all or part of an existing plan that relates to the species. (4) An amendment shall be agreed on by the Minister and the Agency within 180 days after notice is served under subsection (3), or within a longer period that the Minister, before or after the expiry of the 180-day period, may in writing allow. (iii)  the geographic area to which the agreement applies has not been excluded by the regulations from the application of this section, (iv)  none of the impacted species under the agreement have been excluded by the regulations from the application of this section, and, (v)  the agreement meets such other requirements as may be prescribed by the regulations; and. (a)  in the case of a first offence under this Act, (i)  to a fine of not more than $1,000,000, in the case of a corporation, or, (ii)  to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person; and. (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. “impacted species” means species that are listed on the Species at Risk in Ontario List as endangered or threatened species and that are specified in a landscape agreement as species in respect of which authorized activities may be carried out despite being otherwise prohibited in respect of the species under section 9 or 10. All recovery strategies and management plans that have been prepared under sections 11 and 12, and all government response statements published by the Minister under section 12.1. 5, s. 7. 22 An enforcement officer who is acting under this Act shall, on request, produce identification. An organization that represents a territorially-based aboriginal community. (6) A species conservation charge may be fully or partially refunded by the Agency in accordance with the regulations. General information about agreements entered into under sections 16, 16.1 and 19 and permits issued under sections 17 and 19. 2007, c. 6, s. 26 (19). 3. 5, s. 8 (1). 2007, c. 6, s. 9 (2). 5, 11 (1). 5, s. 25 (2). (2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence. (3) The Minister may enter into a landscape agreement only if. 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. 5, s. 30. (ii)  respecting the composition of the board of directors. 12 (1) The Minister shall ensure that a management plan is prepared for each species that is listed on the Species at Risk in Ontario List as a special concern species and the plan shall set out advice and recommendations to the Minister on approaches for the management of the species in Ontario. 2019, c. 9, Sched. (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. 3. 4. Any provision of an agreement entered into under section 16, 16.1 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10. 5, s. 18 (1). 4. (3) Subsections (1) and (2) authorize a person to carry out an act that would otherwise be prohibited under clause 9 (1) (a) and subsection 10 (1) or to possess or transport something contrary to clause 9 (1) (b), subject to the following limitations: 1. 2007, c. 6, s. 17 (7); 2019, c. 9, Sched. 54 (1) This Act is binding on the Crown. Consolidation Period: From July 21, 2020 to the e-Laws currency date. Where prohibitions suspended under s. 8.1. (2) The Minister may issue a permit under this section only if. 5. 4. 5, s. 18 (1). 26 (1) An enforcement 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. 5, s. 16. (13) The Minister shall give notice of his or her decision under subsection (12) and a copy of the hearing officer’s report to the parties to the hearing. 2019, c. 9, Sched. Species at Risk Act, 2002 threateneD Threatened species live in the wild in Ontario, are not endangered, but are likely to become endangered if steps are not taken to address factors threatening them. Ontario’s Endangered Species Act (ESA) was implemented in 2008 and is crucial for the protection of species at risk. 2007, c. 6, s. 26 (12). 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. 2007, c. 6, s. 26 (7). A person who is exempted from all or some of the prohibitions in subsection 9 (1) or 10 (1) by the regulations made under clause 55 (1) (b) and is required to pay the charge as a condition of the exemption set out in the regulations. 2019, c. 9, Sched. 5, s. 1 (1-3). 6. 2007, c. 6, s. 19 (1). 2019, c. 9, Sched. 4. (b)  with respect to any other species of animal, plant or other organism, an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding, and includes places in the area described in clause (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences; (“habitat”), “justice” has the same meaning as in the Provincial Offences Act; (“juge”), “Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”), “Ministry” means the ministry of the Minister; (“ministère”), “officer in charge” has the same meaning as in Part VIII of the Provincial Offences Act; (“agent responsable”), “operating agreement” means an operating agreement entered into by the Minister and the Agency under section 20.11; (“accord de fonctionnement”), “person” includes an unincorporated body referred to in paragraph 1, 2 or 3 of subsection 19 (1); (“personne”), “recovery strategy” means a strategy prepared under section 11 for the recovery of a species; (“programme de rétablissement”), “regulations” means the regulations made under this Act; (“règlements”), “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 Ontario; (“espèce”), “Species at Risk in Ontario List” means the regulations made under section 7; (“Liste des espèces en péril en Ontario”). Vous utilisez un navigateur désuet qui n’est plus accepté par Ontario.ca. (v)  require a person to provide the Minister with prescribed reports or information at such times and in such manner as may be prescribed. 2019, c. 9, Sched. 2019, c. 9, Sched. Definitions Classification of Species 3. 5, s. 18 (1). (8) After considering the hearing officer’s report, the Minister may. The most recent information that the Minister has received from COSSARO under subsection 4 (3). (4) The Minister shall ensure that a strategy prepared under subsection (1) is made available to the public under section 51 not later than, (a)  the first anniversary of the date the species is listed on the Species at Risk in Ontario List as an endangered species; or. 2019, c. 9, Sched. 2007, c. 6, s. 35. 5, s. 11 (2). 5. (7) After the hearing, the hearing officer shall issue a report to the Minister that contains, (b)  the hearing officer’s opinion on the merits of the order and the hearing officer’s recommendations; and. 2019, c. 9, Sched. 2019, c. 9, Sched. You may be able to obtain assistance from a lawyer or paralegal. 2007, c. 6, s. 20 (1). 5, s. 18 (1). 2007, c. 6, s. 26 (15). (b)  the justice may order that any other thing seized in connection with the offence be forfeited to the Crown in right of Ontario. 6. (2) An enforcement officer may enter and inspect any land or other place without a warrant if he or she has reasonable grounds to believe that the conditions for obtaining a warrant under subsection (1) exist but that exigent circumstances make it impractical to obtain a warrant under subsection (1). 5, s. 18 (1). 42 The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a prosecution for an offence under this Act. 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