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Endangered Species Act

R.S.O. 1990, CHAPTER E.15

Note: This Act was repealed on June 30, 2008. See: 2007, c. 6, ss. 59, 63 (1).

Last amendment: 2007, c. 6, s. 59.

Preamble

Whereas it is considered expedient to provide for the conservation, protection, restoration and propagation of species of fauna and flora of the Province of Ontario that are threatened with extinction;

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

Definitions

1. In this Act,

“Minister” means the Minister of Natural Resources; (“ministre”)

“officer” means a conservation officer under the Fish and Wildlife Conservation Act, 1997. (“agent”) R.S.O. 1990, c. E.15, s. 1; 1997, c. 41, s. 116 (1).

Administration of Act

2. The administration of this Act is under the control and direction of the Minister. R.S.O. 1990, c. E.15, s. 2.

Regulations

3. (1) The Lieutenant Governor in Council may make regulations declaring any species of fauna or flora to be threatened with extinction by reason of,

(a) the destruction of its habitat or a drastic modification or severe curtailment thereof;

(b) over-exploitation;

(c) disease;

(d) predacity;

(e) the use of chemicals; or

(f) any other factor or factors considered relevant. R.S.O. 1990, c. E.15, s. 3 (1).

Regulations may be limited

(2) Any regulation may be limited territorially or as to time or otherwise. R.S.O. 1990, c. E.15, s. 3 (2).

Powers and duties of an officer

4. For the purposes of this Act, an officer has the powers and duties of a conservation officer under the Fish and Wildlife Conservation Act, 1997. R.S.O. 1990, c. E.15, s. 4; 1997, c. 41, s. 116 (2).

Prohibited acts

5. No person shall wilfully,

(a) kill, injure, interfere with or take or attempt to kill, injure, interfere with or take any species of fauna or flora; or

(b) destroy or interfere with or attempt to destroy or interfere with the habitat of any species of fauna or flora,

declared in the regulations to be threatened with extinction. R.S.O. 1990, c. E.15, s. 5.

Offence

6. Any person who contravenes this Act is guilty of an offence and on conviction is liable to a fine of not more than $50,000, or to imprisonment for a term of not more than two years, or to both. R.S.O. 1990, c. E.15, s. 6.

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