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Endangered Species Act, 2007

S.O. 2007, CHAPTER 6

Consolidation Period: From June 30, 2008 to the e-Laws currency date.

No amendments.

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CONTENTS

Preamble

Biological diversity is among the great treasures of our planet. It has ecological, social, economic, cultural and intrinsic value. Biological diversity makes many essential contributions to human life, including foods, clothing and medicines, and is an important part of sustainable social and economic development.

Unfortunately, throughout the world, species of animals, plants and other organisms are being lost forever at an alarming rate. The loss of these species is most often due to human activities, especially activities that damage the habitats of these species. Global action is required.

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.

In Ontario, our native species are a vital component of our precious natural heritage. The people of Ontario wish to do their part in protecting species that are at risk, with appropriate regard to social, economic and cultural considerations. The present generation of Ontarians should protect species at risk for future generations.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Introduction

Purposes

1.  The purposes of this Act are:

1. To identify species at risk based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge.

2. To protect species that are at risk and their habitats, and to promote the recovery of species that are at risk.

3. To promote stewardship activities to assist in the protection and recovery of species that are at risk. 2007, c. 6, s. 1.

Definitions

2.  (1)  In this Act,

“aboriginal person” means a member of the aboriginal peoples of Canada, as defined in section 35 of the Constitution Act, 1982; (“personne autochtone”)

“COSSARO” means the Committee on the Status of Species at Risk in Ontario; (“CDSEPO”)

“enforcement officer” means an enforcement officer under section 21; (“agent d’exécution”)

“habitat” means,

(a) with respect to a species of animal, plant or other organism for which a regulation made under clause 55 (1) (a) is in force, the area prescribed by that regulation as the habitat of the species, or

(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 Natural Resources 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”)

“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”) 2007, c. 6, s. 2 (1).

Definition of “habitat”, cl. (b)

(2)  For greater certainty, clause (b) of the definition of “habitat” in subsection (1) does not include an area where the species formerly occurred or has the potential to be reintroduced unless existing members of the species depend on that area to carry on their life processes. 2007, c. 6, s. 2 (2).

Classification of Species

Committee on the Status of Species at Risk in Ontario

3.  (1)  The committee known in English as the Committee on the Status of Species at Risk in Ontario and in French as Comité de détermination du statut des espèces en péril en Ontario is continued. 2007, c. 6, s. 3 (1).

Composition

(2)  COSSARO shall be composed of such number of members as may be appointed by the Lieutenant Governor in Council. 2007, c. 6, s. 3 (2).

Chair

(3)  The Lieutenant Governor in Council shall designate one of the members as chair of COSSARO. 2007, c. 6, s. 3 (3).

Qualifications

(4)  A person may be appointed to COSSARO only if the Minister considers that the person has relevant expertise that is drawn from,

(a) a scientific discipline such as conservation biology, population dynamics, taxonomy, systematics or genetics; or

(b) aboriginal traditional knowledge. 2007, c. 6, s. 3 (4).

Independence

(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. 2007, c. 6, s. 3 (5).

Lobbying

(6)  A member of COSSARO shall not, with respect to any matter related to this Act,

(a) act as a consultant lobbyist within the meaning of subsection 4 (10) of the Lobbyist Registration Act, 1998; or

(b) act as an in-house lobbyist within the meaning of subsection 5 (7) or 6 (5) of the Lobbyist Registration Act, 1998. 2007, c. 6, s. 3 (6).

Functions of COSSARO

4.  (1)  COSSARO shall perform the following functions:

1. Subject to section 5, maintain criteria for assessing and classifying species.

2. Maintain and prioritize a list of species that should be assessed and classified, including species that should be reviewed and, if appropriate, reclassified.

3. Subject to section 8, assess, review and classify species in accordance with the list maintained under paragraph 2.

4. Submit reports to the Minister in accordance with this Act.

5. Provide advice to the Minister on any matter submitted to COSSARO by the Minister.

6. Perform any other function required under this or any other Act. 2007, c. 6, s. 4 (1).

List of species to be assessed

(2)  COSSARO shall ensure that the list referred to in paragraph 2 of subsection (1) includes every Ontario species that,

(a) has been classified by the Committee on the Status of Endangered Wildlife in Canada as extirpated, endangered, threatened or of special concern under the Species at Risk Act (Canada); and

(b) has not yet been assessed by COSSARO. 2007, c. 6, s. 4 (2).

Information for Minister

(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). 2007, c. 6, s. 4 (3).

Rules for classification

5.  (1)  For the purposes of this Act, COSSARO shall classify species in accordance with the following rules:

1. A species shall be classified as an extinct species if it no longer lives anywhere in the world.

2. 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.

3. A species shall be classified as an endangered species if it lives in the wild in Ontario but is facing imminent extinction or extirpation.

4. 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.

5. 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. 2007, c. 6, s. 5 (1).

Geographic limitation

(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. 2007, c. 6, s. 5 (2).

Best available scientific information

(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. 5 (3).

Reports by COSSARO

6.  (1)  COSSARO may at any time submit a report to the Minister that,

(a) classifies a species as an extinct, extirpated, endangered, threatened or special concern species;

(b) states that an assessment of a species indicates that it is not at risk; or

(c) states that there is insufficient information available to classify a species. 2007, c. 6, s. 6 (1).

Annual report

(2)  COSSARO shall annually submit a report to the Minister on its work, and shall include in the report the classification of each species that COSSARO classified since its last annual report and the reasons for the classification. 2007, c. 6, s. 6 (2).

Species at Risk in Ontario List

7.  (1)  The Ministry official who holds the office designated under subsection (6) shall make and file a regulation that lists the following:

1. All the species that are classified by COSSARO as extirpated species.

2. All the species that are classified by COSSARO as endangered species.

3. All the species that are classified by COSSARO as threatened species.

4. All the species that are classified by COSSARO as special concern species. 2007, c. 6, s. 7 (1).

Contents of regulation

(2)  The Ministry official shall ensure that the regulation contains the following information for each species:

1. The common name and scientific name of the species.

2. COSSARO’s classification of the species.

3. If COSSARO indicated that the classification applies only to a specified geographic area, the area specified by COSSARO. 2007, c. 6, s. 7 (2).

Amendments to regulation

(3)  The Ministry official shall make and file such amendments to the regulation as are required to ensure that the regulation accurately reflects new information reported to the Minister by COSSARO. 2007, c. 6, s. 7 (3).

Same

(4)  For the purpose of subsection (3), if the Minister receives a report from COSSARO classifying or reclassifying a species, the Ministry official shall, not later than three months after the day the report is received, make and file an amendment to the regulation so that the regulation accurately reflects new information contained in the report. 2007, c. 6, s. 7 (4).

Commencement of regulations

(5)  A regulation under this section comes into force on the day it is filed. 2007, c. 6, s. 7 (5).

Ministry official

(6)  The Minister shall, for the purposes of this section, designate an office within the Ministry that is held by a public servant. 2007, c. 6, s. 7 (6).

Transition

(7)  The Ministry official shall make and file the first regulation under this section not later than the day this section comes into force, and the regulation shall,

(a) list each of the species set out in Schedule 1 as an endangered species and, if a footnote to Schedule 1 specifies a geographic area for a species, indicate that the classification of the species as an endangered species applies to that area;

(b) list each of the species set out in Schedule 2 as an extirpated species;

(c) list each of the species set out in Schedule 3 as an endangered species;

(d) list each of the species set out in Schedule 4 as a threatened species; and

(e) list each of the species set out in Schedule 5 as a special concern species and, if a footnote to Schedule 5 specifies a geographic area for a species, indicate that the classification of the species as a special concern species applies to that area. 2007, c. 6, s. 7 (7).

Same

(8)  For the purpose of subsections (1) and (2), any classifications or geographic areas that are required by subsection (7) to be included in a regulation and that are not classifications made by or geographic areas specified by COSSARO shall be deemed to be classifications made by or geographic areas specified by COSSARO, but nothing in subsection (7) or this subsection prevents COSSARO from submitting a report to the Minister under this Act that reclassifies a species listed in the regulation under subsection (7). 2007, c. 6, s. 7 (8).

Same

(9)  If, on or after March 20, 2007 and before this section comes into force, COSSARO reported the classification or reclassification of a species to the Minister, the Ministry official shall,

(a) if the species is not set out in any of Schedules 1 to 5 and is classified by COSSARO as an extirpated, endangered, threatened or special concern species, include COSSARO’s classification of the species in the regulation made under subsection (7);

(b) if the species is set out in any of Schedules 1 to 5 and is reclassified by COSSARO as an extirpated, endangered, threatened or special concern species, include COSSARO’s reclassification of the species in the regulation made under subsection (7), instead of the classification that would otherwise apply under subsection (7); and

(c) if the species is set out in any of Schedules 1 to 5 and clause (b) does not apply, not include the species in the regulation made under subsection (7), despite that subsection. 2007, c. 6, s. 7 (9).

Same

(10)  Despite subsection (5), if a regulation is made under subsection (7) before this section comes into force, the regulation comes into force on the day this section comes into force. 2007, c. 6, s. 7 (10).

Ministerial requirements

Risk of imminent extinction or extirpation

8.  (1)  If a species is not listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species but the Minister is of the opinion that the species may be facing imminent extinction or extirpation, the Minister may require COSSARO to assess and classify the species and, not later than the date specified by the Minister, to submit a report to the Minister under section 6. 2007, c. 6, s. 8 (1).

Reconsideration

(2)  If a species is listed on the Species at Risk in Ontario List and the Minister is of the opinion that credible scientific information indicates that the classification on the List is not appropriate, the Minister may require COSSARO to reconsider the classification and, not later than the date specified by the Minister, to submit a report to the Minister under section 6 indicating whether COSSARO confirms the classification or reclassifies the species. 2007, c. 6, s. 8 (2).

Same

(3)  Subsection (2) applies, with necessary modifications, if COSSARO has reported to the Minister its classification of a species as an extirpated, endangered, threatened or special concern species but the Species at Risk in Ontario List has not yet been amended in accordance with subsection 7 (4) to reflect the classification. 2007, c. 6, s. 8 (3).

Same

(4)  A requirement imposed by the Minister under subsection (3) does not delay or otherwise affect the obligation to comply with subsection 7 (4) or the application of this Act to the species. 2007, c. 6, s. 8 (4).

Consultation with chair of COSSARO

(5)  The Minister shall not require COSSARO to do anything under this section unless he or she has consulted with the chair of COSSARO. 2007, c. 6, s. 8 (5).

Protection and Recovery of Species

Prohibition on killing, etc.

9.  (1)  No person shall,

(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,

(i) a living or dead member of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species,

(ii) any part of a living or dead member of a species referred to in subclause (i),

(iii) anything derived from a living or dead member of a species referred to in subclause (i); or

(c) sell, lease, trade or offer to sell, lease or trade anything that the person represents to be a thing described in subclause (b) (i), (ii) or (iii). 2007, c. 6, s. 9 (1).

Possession, etc., of species originating outside Ontario

(2)  Clause (1) (b) does not apply to a member of a species that originated outside Ontario if it was lawfully killed, captured or taken in the jurisdiction from which it originated. 2007, c. 6, s. 9 (2).

Specified geographic area

(3)  If the Species at Risk in Ontario List specifies a geographic area that a classification of a species applies to, subsection (1) only applies to that species in that area. 2007, c. 6, s. 9 (3).

Possession by Crown

(4)  Clause (1) (b) does not apply to possession by the Crown. 2007, c. 6, s. 9 (4).

Transfer for certain purposes

(5)  If the Crown is in possession of anything referred to in clause (1) (b), the Minister may transfer it to another person or body and authorize the person or body to possess it, despite clause (1) (b), for,

(a) scientific or educational purposes; or

(b) traditional cultural, religious or ceremonial purposes. 2007, c. 6, s. 9 (5).

Interpretation

(6)  A reference in this section to a member of a species,

(a) includes a reference to a member of the species at any stage of its development;

(b) includes a reference to a gamete or asexual propagule of the species; and

(c) includes a reference to the member of the species, whether or not it originated in Ontario. 2007, c. 6, s. 9 (6).

Prohibition on damage to habitat, etc.

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

(b) a species that is listed on the Species at Risk in Ontario List as an extirpated species, if the species is prescribed by the regulations for the purpose of this clause. 2007, c. 6, s. 10 (1).

Specified geographic area

(2)  If the Species at Risk in Ontario List specifies a geographic area that a classification of a species applies to, subsection (1) only applies to that species in that area. 2007, c. 6, s. 10 (2).

Transition

(3)  Clause (1) (a) does not apply to a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species under clause 7 (7) (c) or (d) until the earlier of the following dates:

1. The date that a regulation made under clause 55 (1) (a) that applies to the species comes into force.

2. The fifth anniversary of the day section 7 comes into force. 2007, c. 6, s. 10 (3).

Recovery strategies

11.  (1)  The Minister shall ensure that a strategy is prepared for the recovery of each species that is listed on the Species at Risk in Ontario List as an endangered or threatened species. 2007, c. 6, s. 11 (1).

Contents

(2)  A strategy prepared for a species under subsection (1) shall include the following:

1. An identification of the habitat needs of the species.

2. A description of the threats to the survival and recovery of the species.

3. Recommendations to the Minister and other persons on,

i. objectives for the protection and recovery of the species,

ii. approaches to achieve the objectives recommended under subparagraph i, and

iii. the area that should be considered in developing a regulation under clause 55 (1) (a) that prescribes an area as the habitat of the species.

4. Such other information as is prescribed by the regulations. 2007, c. 6, s. 11 (2).

Precautionary principle

(3)  In preparing a strategy under subsection (1), the persons who are preparing the strategy shall consider the principle 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. 2007, c. 6, s. 11 (3).

Time limit

(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;

(b) the second anniversary of the date the species is listed on the Species at Risk in Ontario List as a threatened species; or

(c) despite clauses (a) and (b), the fifth anniversary of the date section 7 comes into force, if the species is listed on the Species at Risk in Ontario List as an endangered or threatened species under clause 7 (7) (a), (c) or (d). 2007, c. 6, s. 11 (4).

Same

(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 the environmental registry established under the Environmental Bill of Rights, 1993 that,

(a) states that the Minister is of the opinion that additional time is required to prepare the strategy because of,

(i) the complexity of the issues,

(ii) the desire to prepare the strategy in co-operation with one or more other jurisdictions, or

(iii) the desire to give priority to the preparation of recovery strategies for other species;

(b) sets out the Minister’s reasons for the opinion referred to in clause (a); and

(c) provides an estimate of when the preparation of the strategy will be completed. 2007, c. 6, s. 11 (5).

Same

(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. 2007, c. 6, s. 11 (6).

Extirpated species

(7)  The Minister shall ensure that a strategy is prepared for the recovery of a species that is listed on the Species at Risk in Ontario List as an extirpated species if the Minister is of the opinion that reintroduction of the species into Ontario is feasible. 2007, c. 6, s. 11 (7).

Response to recovery strategy

(8)  Within nine months after a recovery strategy is prepared under this section, the Minister shall publish a statement that summarizes the actions that the Government of Ontario intends to take in response to the recovery strategy and the Government’s priorities with respect to taking those actions. 2007, c. 6, s. 11 (8).

Implementation

(9)  The Minister shall ensure the implementation of the actions referred to in a statement published under subsection (8) that, in the opinion of the Minister, are feasible and are within the responsibilities of the Minister. 2007, c. 6, s. 11 (9).

Priorities

(10)  If statements have been published under subsection (8) in respect of more than one species, subsection (9) is subject to the right of the Minister to determine the relative priority to be given to the implementation of actions referred to in those statements. 2007, c. 6, s. 11 (10).

Five-year review of progress

(11)  Not later than five years after a statement is published under subsection (8), the Minister shall ensure that a review is conducted of progress towards the protection and recovery of the species. 2007, c. 6, s. 11 (11).

Feasibility

(12)  The Minister may consider social and economic factors in reaching his or her opinion on whether something is feasible for the purpose of subsection (7) or (9). 2007, c. 6, s. 11 (12).

Management plans for special concern species

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. 2007, c. 6, s. 12 (1).

Application

(2)  Subsection (1) does not apply to a species for which the preparation of a recovery strategy or management plan is required under section 37 or 65 of the Species at Risk Act (Canada). 2007, c. 6, s. 12 (2).

Time limit

(3)  The Minister shall ensure that a management plan prepared under subsection (1) is made available to the public under section 51 not later than the fifth anniversary of the date the species is listed on the Species at Risk in Ontario List as a special concern species. 2007, c. 6, s. 12 (3).

Same

(4)  Subsection (3) does not apply to a management plan if, before the time limit set out in subsection (3) expires, the Minister publishes a notice on the environmental registry established under the Environmental Bill of Rights, 1993 that,

(a) states that the Minister is of the opinion that additional time is required to prepare the management plan because of,

(i) the complexity of the issues,

(ii) the desire to prepare the management plan in co-operation with one or more other jurisdictions, or

(iii) the desire to give priority to the preparation of recovery strategies or management plans for other species;

(b) sets out the Minister’s reasons for the opinion referred to in clause (a); and

(c) provides an estimate of when the preparation of the management plan will be completed. 2007, c. 6, s. 12 (4).

Response to management plan

(5)  Within nine months after a management plan is prepared under this section, the Minister shall publish a statement that summarizes the actions that the Government of Ontario intends to take in response to the management plan and the Government’s priorities with respect to taking those actions. 2007, c. 6, s. 12 (5).

Implementation

(6)  The Minister shall ensure the implementation of the actions referred to in a statement published under subsection (5) that, in the opinion of the Minister, are feasible and are within the responsibilities of the Minister. 2007, c. 6, s. 12 (6).

Priorities

(7)  If statements have been published under subsection (5) or 11 (8) in respect of more than one species, subsection (5) is subject to the right of the Minister to determine the relative priority to be given to the implementation of actions referred to in those statements. 2007, c. 6, s. 12 (7).

Feasibility

(8)  The Minister may consider social and economic factors in reaching his or her opinion on whether something is feasible for the purpose of subsection (6). 2007, c. 6, s. 12 (8).

Ecosystem approach

13.  A recovery strategy or management plan may be prepared under section 11 or 12 using an ecosystem approach. 2007, c. 6, s. 13.

Recovery strategies and management plans for more than one species

14.  A recovery strategy or management plan may be prepared under section 11 or 12 for more than one species, whether or not the species are part of the same ecosystem. 2007, c. 6, s. 14.

Incorporation of existing plan

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. 2007, c. 6, s. 15.

Agreements, Permits and Other Instruments

Stewardship agreements

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. 2007, c. 6, s. 16 (1).

Response to recovery strategy

(2)  Before entering into an agreement under this section, the Minister shall consider any statement that has been published under subsection 11 (8) with respect to a recovery strategy for the species specified in the agreement. 2007, c. 6, s. 16 (2).

Authorization provided by agreement

(3)  An agreement under subsection (1) may authorize a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited by section 9 or 10. 2007, c. 6, s. 16 (3).

Same

(4)  An authorization described in subsection (3) does not apply unless the party to the agreement who seeks to rely on the authorization complies with any requirements imposed on the party by the agreement. 2007, c. 6, s. 16 (4).

Permits

17.  (1)  The Minister may issue a permit to a person 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 the person to engage in an activity specified in the permit that would otherwise be prohibited by section 9 or 10. 2007, c. 6, s. 17 (1).

Limitation

(2)  The Minister may issue a permit under this section only if,

(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,

(i) the Minister is of the opinion that an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit,

(ii) 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

(iii) the Minister is of the opinion that reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit; or

(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,

(i) the Minister is of the opinion that the activity will result in a significant social or economic benefit to Ontario,

(ii) the Minister has consulted with a person who is considered by the Minister to be an expert on the possible effects of the activity on the species and to be independent of the person who would be authorized by the permit to engage in the activity,

(iii) the person consulted under subclause (ii) has submitted a written report to the Minister on the possible effects of the activity on the species, including the person’s opinion on whether the activity will jeopardize the survival or recovery of the species in Ontario,

(iv) the Minister is of the opinion that the activity will not jeopardize the survival or recovery of the species in Ontario,

(v) 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,

(vi) the Minister is of the opinion that reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit, and

(vii) the Lieutenant Governor in Council has approved the issuance of the permit. 2007, c. 6, s. 17 (2).

Response to recovery strategy

(3)  Before issuing a permit under this section, the Minister shall consider any statement that has been published under subsection 11 (8) with respect to a recovery strategy for the species specified in the permit. 2007, c. 6, s. 17 (3).

Conditions

(4)  A permit issued under this section may contain such conditions as the Minister considers appropriate. 2007, c. 6, s. 17 (4).

Same

(5)  Without limiting the generality of subsection (4), conditions in a permit may,

(a) limit the time during which the permit applies;

(b) limit the circumstances in which the permit applies;

(c) require the holder of the permit to take steps specified in the permit, and require that steps be taken before engaging in the activity authorized by the permit;

(d) require the holder of the permit to furnish security in an amount sufficient to ensure compliance with the permit;

(e) require the holder of the permit to ensure that the activity authorized by the permit, and the effects of the activity, are monitored in accordance with the permit;

(f) require the holder of the permit to rehabilitate habitat damaged or destroyed by the activity authorized by the permit, or to enhance another area so that it could become habitat suitable for the species specified in the permit; or

(g) require the holder of the permit to submit reports to the Minister. 2007, c. 6, s. 17 (5).

Compliance

(6)  An authorization described in subsection (1) does not apply unless the holder of the permit complies with any requirements imposed by the permit. 2007, c. 6, s. 17 (6).

Amendment or revocation

(7)  The Minister may,

(a) with the consent of the holder of a permit issued under this section,

(i) amend the permit, if the permit was issued under clause (2) (a), (b) or (c) and the Minister is of the opinion that he or she would be authorized under the same clause to issue the permit in its amended form,

(ii) amend the permit, if,

(A) the permit was issued under clause (2) (d),

(B) the Minister has consulted with a person who is considered by the Minister to be an expert on the possible effects of the amendment on the species specified in the permit and to be independent of the person who would be authorized by the permit in its amended form to engage in an activity,

(C) the Lieutenant Governor in Council has approved the amendment, and

(D) the Minister is of the opinion that he or she would be authorized under clause (2) (d) to issue the permit in its amended form, or

(iii) revoke the permit; or

(b) without the consent of the holder of the permit issued under this section, but subject to section 20, amend or revoke the permit, if,

(i) the Minister is of the opinion that the revocation or amendment,

(A) is necessary to prevent jeopardizing the survival or recovery, in Ontario, of the species specified in the permit, or

(B) is necessary for the protection of human health or safety, and

(ii) the Lieutenant Governor in Council has approved the revocation or amendment, in the case of a permit that was issued with the approval of the Lieutenant Governor in Council. 2007, c. 6, s. 17 (7).

Delegation

(8)  In addition to any authority under any Act to delegate powers to persons employed in the Ministry, the Minister may, in the circumstances prescribed by the regulations, delegate his or her powers under this section to a person or body prescribed by the regulations, subject to any limitations prescribed by the regulations. 2007, c. 6, s. 17 (8).

Instruments under other Acts

Minister’s instruments

18.  (1)  An instrument authorizing a person to engage in an activity has the same effect as a permit issued under section 17 if,

(a) the instrument was entered into, issued, made or approved by the Minister;

(b) the instrument was entered into, issued, made or approved under a provision of an Act of Ontario or Canada or a provision of a regulation made under an Act of Ontario or Canada;

(c) the instrument affects a species specified in the instrument that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species;

(d) before entering into, issuing, making or approving the instrument, the Minister considered any statement that had been published under subsection 11 (8) with respect to a recovery strategy for the species specified in the instrument; and

(e) at the time the instrument was entered into, issued, made or approved,

(i) the Minister was of the opinion that the activity authorized by the instrument was necessary for the protection of human health or safety,

(ii) the Minister was of the opinion that the main purpose of the activity authorized by the instrument was to assist, and that the activity would assist, in the protection or recovery of the species specified in the instrument, or

(iii) the Minister was of the opinion that the main purpose of the activity authorized by the instrument was not to assist in the protection or recovery of the species specified in the instrument, but,

(A) the Minister was of the opinion that an overall benefit to the species would be achieved within a reasonable time through requirements imposed by the instrument,

(B) the Minister was of the opinion that reasonable alternatives had been considered, including alternatives that would not adversely affect the species, and the best alternative was adopted, and

(C) the Minister was of the opinion that reasonable steps to minimize adverse effects on individual members of the species were required by the instrument. 2007, c. 6, s. 18 (1).

Prescribed instruments

(2)  An instrument authorizing a person to engage in an activity has the same effect as a permit issued under section 17 if,

(a) the instrument was entered into, issued, made or approved under a provision of an Act of Ontario or Canada or a provision of a regulation made under an Act of Ontario or Canada;

(b) the provision referred to in clause (a) is prescribed by the regulations;

(c) the Minister has entered into an agreement with the authorizing official that, for the purpose of this subsection, applies to the entering into, issuance, making or approval of instruments under the provision referred to in clause (a);

(d) the instrument affects a species specified in the instrument that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species;

(e) before entering into, issuing, making or approving the instrument, the authorizing official considered any statement that had been published under subsection 11 (8) with respect to a recovery strategy for the species specified in the instrument; and

(f) at the time the instrument was entered into, issued, made or approved,

(i) the authorizing official was of the opinion that the activity authorized by the instrument was necessary for the protection of human health or safety,

(ii) the authorizing official was of the opinion that the main purpose of the activity authorized by the instrument was to assist, and that the activity would assist, in the protection or recovery of the species specified in the instrument, or

(iii) the authorizing official was of the opinion that the main purpose of the activity authorized by the instrument was not to assist in the protection or recovery of the species specified in the instrument, but,

(A) the authorizing official was of the opinion that an overall benefit to the species would be achieved within a reasonable time through requirements imposed by the instrument,

(B) the authorizing official was of the opinion that reasonable alternatives had been considered, including alternatives that would not adversely affect the species, and the best alternative was adopted, and

(C) the authorizing official was of the opinion that reasonable steps to minimize adverse effects on individual members of the species were required by the instrument. 2007, c. 6, s. 18 (2).

Application of subs. (2)

(3)  Subsection (2) applies only if the instrument was entered into, issued, made or approved,

(a) after the regulation referred to in clause (2) (b) came into force; and

(b) during a period when the agreement referred to in clause (2) (c) was in effect. 2007, c. 6, s. 18 (3).

Compliance

(4)  Subsections (1) and (2) do not apply to an instrument unless the person seeking to rely on the instrument has complied with any requirements imposed by the instrument. 2007, c. 6, s. 18 (4).

Definitions

(5)  In this section,

“authorizing official” means,

(a) with respect to an agreement that authorizes a person to engage in an activity, any federal, provincial or municipal official who entered into the agreement, or

(b) with respect to any other instrument, the person who issued, made or approved the instrument; (“agent autorisateur”)

“instrument” means an agreement, permit, licence, order, approved plan or other similar document. (“acte”) 2007, c. 6, s. 18 (5).

Aboriginal persons

19.  (1)  The Minister may, for the purposes of this Act, enter into an agreement with any of the following persons or bodies that relates to a species specified in the agreement that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species:

1. A band as defined in the Indian Act (Canada).

2. A tribal council.

3. An organization that represents a territorially-based aboriginal community. 2007, c. 6, s. 19 (1).

Authorization

(2)  An agreement under subsection (1) may authorize aboriginal persons described in the agreement or a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited by section 9 or 10. 2007, c. 6, s. 19 (2).

Permits

(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. 2007, c. 6, s. 19 (3).

Limitation

(4)  The Minister shall not enter into an agreement or issue a permit under this section if he or she is of the opinion that the agreement or permit would authorize an activity that would jeopardize the survival or recovery, in Ontario, of the species specified in the agreement or permit. 2007, c. 6, s. 19 (4).

Response to recovery strategy

(5)  Before entering into an agreement or issuing a permit under this section, the Minister shall consider any statement that has been published under subsection 11 (8) with respect to a recovery strategy for the species specified in the agreement or permit. 2007, c. 6, s. 19 (5).

Permit conditions

(6)  Subsections 17 (4) and (5) apply, with necessary modifications, to a permit issued under this section. 2007, c. 6, s. 19 (6).

Reliance on authorization

(7)  An authorization described in subsection (2) or (3) does not apply to,

(a) an aboriginal person who seeks to rely on the authorization, unless he or she complies with any requirements imposed on the aboriginal person by the agreement or permit; or

(b) a person or body referred to in subsection (1) who seeks to rely on the authorization, unless the person or body complies with any requirements imposed on it by the agreement or permit. 2007, c. 6, s. 19 (7).

Compliance with permit

(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. 19 (8).

Amendment or revocation of permit

(9)  The Minister may,

(a) with the consent of the holder of a permit issued under this section, revoke or amend the permit; or

(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,

(i) is necessary to prevent jeopardizing the survival or recovery, in Ontario, of the species specified in the permit, or

(ii) is necessary for the protection of human health or safety. 2007, c. 6, s. 19 (9).

Amendment or revocation of permits without consent

20.  (1)  Before amending or revoking a permit under clause 17 (7) (b) or 19 (9) (b), the Minister shall give the holder of the permit notice of the intention to amend or revoke the permit. 2007, c. 6, s. 20 (1).

Contents of notice

(2)  The notice shall,

(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

(c) state that a hearing on the amendment or revocation of the permit may be required in accordance with subsection (5). 2007, c. 6, s. 20 (2).

Service of notice

(3)  The notice shall be served personally or by registered mail addressed to the holder of the permit at the person’s last known address. 2007, c. 6, s. 20 (3).

Registered mail

(4)  A notice served by registered mail shall be deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice until a later date. 2007, c. 6, s. 20 (4).

Hearing

(5)  A person who is served with a notice under subsection (3) may require a hearing by mailing or delivering to the Minister, within 15 days after service of the notice, a written request for a hearing that includes a statement of the reasons for requesting the hearing. 2007, c. 6, s. 20 (5).

No request of hearing

(6)  If the Minister does not receive a request for a hearing in accordance with subsection (5), the Minister may amend or revoke the permit as set out in the notice under subsection (2). 2007, c. 6, s. 20 (6).

Appointment of hearing officer

(7)  If the Minister receives a request for a hearing in accordance with subsection (5), the Minister shall appoint a hearing officer to hold the hearing. 2007, c. 6, s. 20 (7).

Parties

(8)  The person who required the hearing and such other persons as the hearing officer may specify are parties to the hearing. 2007, c. 6, s. 20 (8).

Minister entitled to be heard

(9)  The Minister is entitled to be heard at the hearing. 2007, c. 6, s. 20 (9).

Procedure

(10)  Sections 5.1, 5.2, 6 to 15.1, 16, 21, 21.1, 22 and 23 of the Statutory Powers Procedure Act apply, with necessary modifications, to the hearing. 2007, c. 6, s. 20 (10).

Report

(11)  After the hearing, the hearing officer shall issue a report to the Minister that contains,

(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

(c) the reasons for the hearing officer’s opinion and recommendations. 2007, c. 6, s. 20 (11).

Minister’s decision

(12)  After considering the hearing officer’s report, the Minister may, subject to clause 17 (7) (b) or 19 (9) (b), as the case may be,

(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

(c) refrain from amending or revoking the permit. 2007, c. 6, s. 20 (12).

Notice of decision

(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. 2007, c. 6, s. 20 (13).

Enforcement

Enforcement officers

21.  (1)  The following persons are enforcement officers for the purposes of this Act:

1. Every person who is a conservation officer for the purposes of the Fish and Wildlife Conservation Act, 1997.

2. Every person designated by the Minister as a park warden for a provincial park.

3. Such other persons or classes of persons as may be appointed or designated by the Minister as enforcement officers for the purposes of this Act. 2007, c. 6, s. 21 (1).

Park wardens

(2)  Paragraph 2 of subsection (1) only applies in the provincial park for which the person is designated as park warden. 2007, c. 6, s. 21 (2).

Production of identification

22.  An enforcement officer who is acting under this Act shall, on request, produce identification. 2007, c. 6, s. 22.

Inspection to determine compliance

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. 2007, c. 6, s. 23 (1).

Inspection without warrant

(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). 2007, c. 6, s. 23 (2).

Other inspections without warrant

(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. Any provision of an agreement entered into under section 16 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10.

2. Any provision of a permit issued under section 17 or 19.

3. Any provision of an order made under section 27, 28 or 41. 2007, c. 6, s. 23 (3).

Dwellings

(4)  Subsections (1), (2) and (3) do not authorize the enforcement officer to enter a building or part of a building that is being used as a dwelling. 2007, c. 6, s. 23 (4).

Warrant; compliance with agreements, permits, orders

(5)  On application without notice, a justice may issue a warrant authorizing an enforcement officer to enter and inspect any land or other place, including a building or part of a building that is being used as a dwelling, if the justice is satisfied by information under oath that there are reasonable grounds to believe that,

(a) an inspection under this section would assist in determining whether there is compliance with a provision referred to in subsection (3); and

(b) entry has been refused or is likely to be refused. 2007, c. 6, s. 23 (5).

Duration

(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. 2007, c. 6, s. 23 (6).

Further warrants

(7)  A justice may issue further warrants under subsection (1) or (5). 2007, c. 6, s. 23 (7).

Time of entry

(8)  An entry under this section shall be made at a time that is reasonable in view of any activity that is conducted on the land or in the place. 2007, c. 6, s. 23 (8).

Powers during inspection

(9)  During an inspection under this section, the enforcement officer may,

(a) be accompanied and assisted by any person authorized by the enforcement officer;

(b) inspect any thing that is relevant to the inspection;

(c) use or cause to be used any computer or other device that contains or is able to retrieve information, for the purpose of examining information contained in or available to the computer or other device, and produce or cause to be produced a printout or other output from the computer or other device;

(d) conduct any tests, take any measurements, take any specimens or samples, set up any equipment and make any photographic or other records that may be relevant to the inspection; and

(e) ask questions that may be relevant to the inspection. 2007, c. 6, s. 23 (9).

Provision of information

(10)  A person shall, during an inspection under this section, provide information requested by the enforcement officer that is relevant to the inspection. 2007, c. 6, s. 23 (10).

Copies

(11)  The enforcement officer may make copies of any thing inspected or produced during the inspection. 2007, c. 6, s. 23 (11).

Removal

(12)  The enforcement officer may remove any thing for the purpose of making copies or of further inspection, but the copying or further inspection shall be carried out with reasonable dispatch and any thing removed shall be returned promptly to the person from whom it was taken unless it is not reasonable for the person to expect the thing to be returned. 2007, c. 6, s. 23 (12).

Inspection of vehicles, boats, aircraft

24.  (1)  An enforcement officer may stop a vehicle, boat or aircraft if he or she has reasonable grounds to believe that stopping the vehicle, boat or aircraft would assist in determining whether there is compliance with,

(a) section 9, 10 or 49;

(b) any provision of an agreement entered into under section 16 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10;

(c) any provision of a permit issued under section 17 or 19; or

(d) any provision of an order made under section 27, 28 or 41. 2007, c. 6, s. 24 (1).

Operator to stop

(2)  On the enforcement officer’s signal to stop, the operator of the vehicle, boat or aircraft shall immediately stop and produce for inspection any thing requested by the officer that is relevant to the purpose for which the vehicle, boat or aircraft was stopped. 2007, c. 6, s. 24 (2).

Stop signals

(3)  For the purpose of subsection (2), signals to stop include,

(a) intermittent flashes of red light, in the case of a vehicle;

(b) intermittent flashes of blue light, in the case of a boat; and

(c) a hand signal to stop, in the case of a vehicle or boat. 2007, c. 6, s. 24 (3).

Searches with respect to offences

25.  (1)  On application without notice, a justice may issue a warrant authorizing an enforcement officer to use any investigative technique or procedure or to do any thing described in the warrant if the justice is satisfied by information under oath that there are reasonable grounds to believe that an offence under this Act has been or is being committed and that evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing. 2007, c. 6, s. 25 (1).

Assistance

(2)  The warrant may authorize any person specified in the warrant to accompany and assist the enforcement officer in the execution of the warrant. 2007, c. 6, s. 25 (2).

Terms and conditions of warrant

(3)  The warrant shall authorize the enforcement officer to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may, in respect of the alleged offence, authorize the enforcement officer to conduct any tests, take any measurements, take any specimens or samples, set up any equipment, make any excavations and make any photographic or other records that may be relevant to the search. 2007, c. 6, s. 25 (3).

Duration

(4)  The warrant is valid for 30 days or for such shorter period as may be specified in it. 2007, c. 6, s. 25 (4).

Further warrants

(5)  A justice may issue further warrants under subsection (1). 2007, c. 6, s. 25 (5).

Part VIII of the Provincial Offences Act

(6)  Subsections (1) to (5) do not prevent an enforcement officer from obtaining a search warrant under Part VIII of the Provincial Offences Act. 2007, c. 6, s. 25 (6).

Searches without warrant

(7)  If an enforcement officer has reasonable grounds to believe that there is in a building or other place any thing that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the enforcement officer may, without a warrant, enter and search the building or other place. 2007, c. 6, s. 25 (7).

Dwellings

(8)  Subsection (7) does not apply to a building or part of a building that is being used as a dwelling. 2007, c. 6, s. 25 (8).

Computers, etc.

(9)  An enforcement officer who is conducting a search that is authorized by a warrant or by subsection (7) may, for the purpose of examining information contained in or available to any computer or other device that contains or is able to retrieve information, use or cause to be used the computer or other device and produce or cause to be produced a printout or other output from the computer or other device. 2007, c. 6, s. 25 (9).

Seizure and forfeiture

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,

(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

(d) is intermixed with a thing referred to in clause (a), (b) or (c). 2007, c. 6, s. 26 (1).

Presence pursuant to warrant

(2)  If the enforcement officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant. 2007, c. 6, s. 26 (2).

Safekeeping

(3)  An enforcement officer shall deliver any thing that he or she seizes to a person authorized by the Minister for safekeeping. 2007, c. 6, s. 26 (3).

Leaving with occupant

(4)  Despite subsection (3), an enforcement officer may leave a thing that he or she seizes in the custody of the occupant of the building or other place in which it was seized. 2007, c. 6, s. 26 (4).

Occupant to safeguard

(5)  If any thing is left in the custody of an occupant under subsection (4), the occupant shall safeguard the thing until,

(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) the defendant is acquitted or the charge is dismissed or withdrawn, if a charge is laid and the charge is finally disposed of. 2007, c. 6, s. 26 (5).

Thing taken before justice