O. Reg. 65/12: GENERAL
filed May 3, 2012 under Endangered Species Act, 2007, S.O. 2007, c. 6
Skip to contentontario regulation 65/12
made under the
Endangered Species Act, 2007
Made: May 2, 2012
Filed: May 3, 2012
Published on e-Laws: May 11, 2012
Printed in The Ontario Gazette: May 19, 2012
Amending O. Reg. 242/08
(General)
1. Sections 3 and 4 of Ontario Regulation 242/08 are revoked.
2. (1) Subsection 4.1 (1) of the Regulation is amended by striking out “a bobolink” and substituting “a bobolink or an eastern meadowlark”.
(2) Subsection 4.1 (2) of the Regulation is amended by striking out “a bobolink” and substituting “a bobolink or an eastern meadowlark” and by striking out “the bobolink” at the end and substituting “the bobolink or eastern meadowlark, as the case may be”.
(3) Subsection 4.1 (3) of the Regulation is amended by striking out “a bobolink” and substituting “a bobolink or an eastern meadowlark”.
3. The Regulation is amended by adding the following section before the heading “Habitat”:
Development — bobolink, eastern meadowlark
23.2 (1) This section applies to a person who carries out any of the following development activities in an area where it is likely to damage or destroy the habitat of bobolink or eastern meadowlark:
1. Development of land designated as an area of settlement in an official plan of a municipality approved under the Planning Act before January 1, 2013.
2. Development of land within a plan of subdivision, including a plan of subdivision registered under the Registry Act or the Land Titles Act, if,
i. the land is within a draft plan of subdivision that was approved under the Planning Act before November 1, 2014,
ii. the approval has not lapsed, and
iii. the development is not prohibited by any zoning by-law passed under subsection 34 (1) of the Planning Act or by any order made under section 47 of that Act.
3. Development of a unit within the meaning of the Condominium Act, 1998, including a unit in respect of which a declaration and description are registered under the Land Titles Act, if,
i. the unit is within a draft declaration and description that were approved or exempted under section 9 of the Condominium Act, 1998 before November 1, 2014,
ii. the approval has not lapsed, and
iii. the development is not prohibited by any zoning by-law passed under subsection 34 (1) of the Planning Act or by any order made under section 47 of that Act.
(2) Subsection 10 (1) of the Act does not apply, with respect to the habitat of bobolink or eastern meadowlark, to a person carrying on a development activity if the following conditions are satisfied:
1. Before beginning any part of the development activity, the person must prepare a development plan in accordance with subsection (3) and submit it to the Ministry.
2. After the development plan is submitted to the Ministry, the person may begin the development activity, but shall not perform any part of the development activity that is likely to damage or destroy the habitat of bobolink or eastern meadowlark between May 1 and July 31 of any year.
3. The development activity shall be carried out in accordance with the development plan.
4. In an area that is situated outside of the area where the development activity occurs and that meets the criteria set out in subsection (4), the person carrying on the development activity shall,
i. within 12 months of the commencement of the activity, create new habitat for bobolink or eastern meadowlark, or if habitat for bobolink or eastern meadowlark already exists in the outside area, enhance the existing habitat, by ensuring that the area meets the requirements of subsection (5), and
ii. in each of the five years following the creation of the new habitat or the enhancement of the existing habitat, maintain the habitat by carrying out the measures described in subsection (6)
(3) A development plan referred to in paragraph 1 of subsection (2) shall include the following:
1. The name and contact information of the person on whose behalf the development activity is being carried out.
2. With respect to the area of bobolink or eastern meadowlark habitat that is likely to be damaged or destroyed by the development activity, a description of,
i. the area’s location, including a detailed map,
ii. the ecoregion in which the area is located, and
iii. the size of the area in hectares.
3. With respect to the development activity that the person proposes to carry out, a description of,
i. the activity, including evidence that it meets the description of one of the types of development activity set out in subsection (1),
ii. the proposed start date of the activity, and
iii. the location where each stage of the activity will occur, including a detailed map.
4. With respect to the area intended as new or enhanced habitat under subparagraph 4 i of subsection (2), a description of,
i. the area’s location, including a detailed map,
ii. the ecoregion in which the area is located,
iii. the size of the area in hectares,
iv. the composition of the soils covering the area, and
v. the percentage of the area covered by grass species at the time the development plan is submitted to the Ministry under paragraph 1 of subsection (2).
(4) The following are the criteria that an area must meet as to its size and location before being converted into new habitat, or being enhanced as habitat, under subparagraph 4 i of subsection (2):
1. It must be located in the same ecoregion as the area in which the development activity is to be carried out.
2. The minimum size of the area must be as follows:
i. if the creation or enhancement of the habitat is required because of a development activity described in paragraph 1 of subsection (1), an area equal to the size of the habitat for bobolink or eastern meadowlark that the development activity is likely to damage or destroy,
ii. if the creation or enhancement of the habitat is required because of the development of a lot or of a unit described in paragraph 2 or 3 of subsection (1) and the approval of the development under the Planning Act or under the Condominium Act, 1998, as the case may be, was given before January 1, 2013, an area equal to 10 per cent of the habitat for bobolink or eastern meadowlark that the development is likely to damage or destroy, and
iii. if the creation or enhancement of the habitat is required because of the development of a lot or of a unit described in paragraph 2 or 3 of subsection (1) and the approval of the development under the Planning Act or under the Condominium Act, 1998, as the case may be, was given on or after January 1, 2013 but before November 1, 2014 an area equal to 50 per cent of the habitat for bobolink or eastern meadowlark that the development is likely to damage or destroy.
(5) The following are the requirements that habitat created or enhanced under subparagraph 4 i of subsection (2) must meet within 12 months of the commencement of the development activity:
1. 50 to 80 per cent of the habitat must be covered with at least three different grass species and the remainder of the habitat must be covered with forbs or legumes.
2. Among the grass species referred to in paragraph 1, at least one must grow greater than 50 centimetres high under normal growing conditions.
(6) The following are the measures required to maintain new or enhanced habitat for bobolink or eastern meadowlark under subparagraph 4 ii of subsection (2):
1. If the habitat is used for pasture, exclude grazing farm animals from at least 50 per cent of the habitat from September 16 of any given year until July 31 of the following year, for a five-year period after the habitat is created or enhanced.
2. In each of the five years following the creation or enhancement of the habitat, take such actions as are necessary to maintain the grass species, forbs and legumes in the area in the proportions described in paragraph 1 of subsection (5).
(7) In this section,
“development activity” means an activity described in paragraph 1, 2 or 3 of subsection (1); (“activité d’aménagement”)
“ecoregion” means an ecoregion identified in the document entitled “The Ecosystems of Ontario, Part 1: Ecozones and Ecoregions” that is published by the Ministry of Natural Resources, dated 2009 and available to the public at the Ministry’s district offices, at the Ministry’s corporate library in Peterborough or on the Ministry’s website. (“écorégion”)
4. The English version of section 27 of the Regulation is amended by striking out “or bashful bulrush” at the end of the portion before paragraph 1.
Commencement
5. This Regulation comes into force on the day it is filed.
CORRECTION
An incorrect version of this Regulation was published on May 4, 2012. The correct version was published on May 11, 2012. This correction notice was posted on May 11, 2012.