(iii)  provide for the terms and conditions of an agreement referred to in subclause (ii) or the content of a notice referred to in that subclause, (iv)  require a person to monitor the effects of the activity on a specified species and take steps to minimize the effects of the activity on the species and take action to benefit the species, or. 3. 5. 2007, c. 6, s. 13. 2007, c. 6, s. 19 (3). (b)  traditional cultural, religious or ceremonial purposes. (b)  a part of a living or dead animal, plant or other organism that is not easily distinguishable from a part of a member of a species that is listed on the Species at Risk in Ontario List shall be deemed, in the absence of evidence to the contrary, to be a part of a member of that species. Skip Table of Contents CONTENTS. 2019, c. 9, Sched. 2019, c. 9, Sched. (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, ecology, genetics, population dynamics, taxonomy, systematics or wildlife management; or. (3) If the Species at Risk in Ontario List specifies a geographic area that a classification of a species applies to, subsection (1) The purposes of the Species at Risk Act (SARA) are to prevent wildlife species in Canada from disappearing, to provide for the recovery of wildlife species that are extirpated (no longer exist in the wild in Canada), endangered, or threatened as a result of human activity, and to manage species of special concern to prevent them from becoming endangered or threatened. The person shall carry out the acts or possess or transport something only if doing so is, i.  necessarily incidental to the activity that was authorized by the permit, agreement or instrument referred to in subsection (1), or. 5, s. 25 (2). (3) The Lieutenant Governor in Council shall designate one of the members as chair of COSSARO. Consolidation Period: From June 30, 2008 to the e-Laws currency date. (3) Subsections 149 (2) and (3) and section 150 of the Provincial Offences Act apply if the person arrested is not released under subsection (2). (3) The Lieutenant Governor in Council may make regulations with respect to any transitional matters resulting from the enactment of Schedule 5 to the More Homes, More Choice Act, 2019. 5, s. 18 (1). (4) A person shall not be convicted of an offence for contravening subsection (1) or (2) if the person establishes that the person honestly and reasonably believed that the law of the other jurisdiction. (a)  before the report was submitted by COSSARO under section 6, the species was not listed as an endangered or threatened species on the Species at Risk in Ontario List; (b)  the Minister is of the opinion that, (i)  the application of the prohibitions would likely have significant social or economic implications for all or parts of Ontario and, as a result, additional time is required to determine the best approach to protecting the species and its habitat, and, (ii)  the temporary suspension will not jeopardize the survival of the species in Ontario; and. 2007, c. 6, s. 20 (12). 2007, c. 6, s. 26 (2). All the species that are classified by COSSARO as threatened species. 2007, c. 6, s. 31 (1). (3.1) An agreement entered into under subsection (1) or a permit issued under subsection (3) may require a person or body that is authorized to engage in an activity under the agreement or permit to pay a species conservation charge to the Agency if the activity would otherwise have been prohibited under section 9 or 10 with respect to a conservation fund species. General information about this Act and the regulations. (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. (2) No proceeding for damages shall be commenced against any officer, director or employee of the Agency for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of that duty. 5, s. 7. 5, s. 18 (1). 5, s. 18 (1). Outdated browsers lack safety features that keep your information secure, and they can also be slow. (a)  provide that some of the prohibitions in subsection (1) do not apply with respect to a species or provide that they do not apply in specified circumstances; (b)  limit the geographic areas to which all or some of the prohibitions in subsection (1) apply, or the times at which they apply, with respect to a species; (c)  limit the application of all or some of the prohibitions in subsection (1) to a specified stage in the development of a species; or. 5, s. 18 (1). (b)  the activity is reasonably likely to contribute to or have one or more of the following results with respect to a conservation fund species: (i)  the abatement or reversal of a declining population trend. (2) COSSARO reports that are required to be made available to the public under paragraph 3 of subsection (1) shall be made available no later than three months following receipt of the report by the Minister. (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”). 2019, c. 9, Sched. (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). (3) The Minister may make an order under subsection (1) only if. (3) 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 prohibition in clause (1) (a) with respect to the habitat of the species is subject to any order made under section 8.1. In February, we raised the alarm that the Endangered Species Act (ESA) appeared to be the next environmental law in the Ontario government’s anti-environmental cross hairs. 5, s. 7. 5, s. 18 (1). (2) A person shall not buy, sell, lease, trade or offer to buy, sell, lease or trade a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or anything derived from a living or dead animal, plant or other organism, that has been transported into Ontario if, under a law that is described in subsection (3), the purchase, sale, lease or trade would not be permitted in the jurisdiction from which the animal, plant or other organism was originally exported. 2007, c. 6, s. 9 (1). (2) Without limiting the generality of clause (1) (b), a regulation under that clause may. 2007, c. 6, s. 26 (14). 5, 10 (3). 6, s. 50). Accéder aux paramètres de votre navigateur. 2. 2007, c. 6, s. 30 (1). (c)  may prescribe an area that is larger or smaller than the area described by clause (b) of the definition of “habitat” in subsection 2 (1). iii. 2007, c. 6, s. 8 (1). 2007, c. 6, s. 26 (19). (a)  knowingly make a false or misleading statement to an enforcement officer who is acting under this Act; or. (e)  ask questions that may be relevant to the inspection. Ontario.ca needs JavaScript to function properly and provide you with a fast, stable experience. (ii)  the amount, quality and availability of the species’ habitat in Ontario is not currently limiting its survival or recovery in Ontario. 2007, c. 6, s. 23 (7). Committee on the Status of Species at Risk in Ontario 4. (c)  state that a hearing on the order may be required in accordance with section 30. 5. 20.3 (1) The following persons shall pay a species conservation charge to the Agency: 1. (x)  prescribing activities for the purposes of subsection 20.7 (4). 31 (1) An enforcement officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing, has committed or is about to commit an offence under this Act. (2) If an enforcement officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that. 2019, c. 9, Sched. 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 and the strategy shall set out advice and recommendations to the Minister in accordance with subsection (2). 2019, c. 9, Sched. To identify species at risk based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge. (b)  was removed from another jurisdiction, contrary to a law of that jurisdiction that is described in subsection (3). 2007, c. 6, s. 8 (2); 2019, c. 9, Sched. 2007, c. 6, s. 24 (3). 5, 18 (2). 2007, c. 6, s. 4 (2). (10) Sections 5.1, 5.2, 6 to 15.1, 16, 21, 21.1, 22 and 23 of the Statutory Powers Procedure Act 2007, c. 6, s. 64. 2. 2019, c. 9, Sched. The present generation of Ontarians should protect species at risk for future generations. (ii)  is necessary for the protection of human health or safety. 5, s. 18 (1). 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. (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. 5, s. 8 (1). (18) An order made under subsection (17) is subject to such conditions as may be imposed by the justice. 2007, c. 6, s. 11 (3). 2007, c. 6, s. 20 (10). (b)  the offence was committed without the consent of the defendant. Delay of prohibitions upon initial listing. (c)  contribute to the body of scientific information related to the species or its habitat, including information obtained from community knowledge and aboriginal traditional knowledge. 2019, c. 9, Sched. 2007, c. 6, s. 48. 2007, c. 6, s. 11 (5); 2019, c. 9, Sched. Une fermeture à l’échelle de la province entrera en vigueur le samedi 26 décembre 2020 à 00 h 01. 2019, c. 9, Sched. 5, s. 28 (1, 2). 2019, c. 9, Sched. 5, s. 30. Ontario provides protections for species at risk and their habitats through the Endangered Species Act (ESA). 5, s. 25 (1). 5, s. 16. (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. Any provision of an order made under section 27, 27.1, 28 or 41. 2007, c. 6, s. 2 (2). (4) The Agency may employ or otherwise engage persons for the proper conduct of its activities, subject to the regulations or, if the regulations so provide, employees may be appointed under Part III of the Public Service of Ontario Act, 2006. 2019, c. 9, Sched. 5, s. 12. 2019, c. 9, Sched. 2019, c. 9, Sched. (8) For greater certainty, the making of an order under subsection (1) with respect to a species does not relieve the Minister of any obligations in sections 11, 12, 12.1 or 12.2 with respect to that species. 2007, c. 6, s. 53. It has since been diluted for convenience and … (7)-(10) Repealed: 2019, c. 9, Sched. Not one listed species has full protections under the ESA as it was originally intended. (a)  the Minister is satisfied that at least one of the benefiting species specified in the agreement is also an impacted species under the agreement; (i)  the authorized party who enters into the agreement with the Minister meets any eligibility requirements prescribed by the regulations or is part of a class of persons prescribed by the regulations. 55 (1) Subject to section 57, the Lieutenant Governor in Council may make regulations. 5, s. 18 (1). 5, s. 18 (1). 2007, c. 6, s. 30 (4). (5) An agreement entered into under this section may require the authorized party under the agreement to pay a species conservation charge to the Agency in accordance with section 20.3 if an impacted species under the agreement is also a conservation fund species. (b)  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; (c)  any provision of a permit issued under section 17 or 19; (d)  any provision of an order made under section 27, 27.1, 28 or 41; or. (4) The Agency shall administer and manage the affairs of the Fund. Timeline: May 2007: ESA is passed with broad support from the province’s major political parties and environmental organizations. (6) 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. (4) The Minister may make a regulation prescribing a regulated activity for the purposes of this section and prescribing species listed on the Species at Risk in Ontario List for the purposes of this section only if, in the Minister’s opinion. 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 Endangered Species Act prohibits the harm and harassment of protected species and damage or destruction to their habitat. 2007, c. 6, s. 20 (9). (4) Before entering into a landscape agreement, the Minister shall consider, (a)  any government response statement that has been published under section 12.1 in respect of each benefiting and impacted species under the agreement; and. “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. 2019, c. 9, Sched. 2019, c. 9, Sched. Subject to section 8, assess, review and classify species in accordance with the list maintained under paragraph 2. 2007, c. 6, s. 41 (1). Currently, species are added to the Species at Risk in Ontario list, which falls under the provincial Endangered Species Act. 2007, c. 6, s. 19 (9). 2019, c. 9, Sched. The major threats to these species include habitat loss, illegal hunting, and genetic alteration. 2007, c. 6, s. 54 (2); 2019, c. 9, Sched. If a species is listed on the Species at Risk in Ontario (SARO) list as an extirpated, endangered or threatened species (“protected species”), it receives protection under Section 9 of the ESA. (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. 1  The classification of Eastern Prickly Pear Cactus applies to Fish Point Provincial Nature Reserve on Pelee Island in the Township of Pelee. 5, s. 1 (4). 2007, c. 6, s. 24 (2). (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. 2. 2019, c. 9, Sched. Amendment or revocation of permits without consent. General information about the implementation of recovery strategies and management plans. 5, s. 18 (1). (a)  states that the Minister is of the opinion that additional time is required to prepare the strategy because of, (ii)  the desire to prepare the strategy in co-operation with one or more other jurisdictions, or. (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. (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. prescribed as a regulated activity for the purposes of section 18 by a regulation made under clause 18 (3) (a). (2) The annual report shall include a copy of the audited financial statements of the Agency. (2) The benefiting species under a landscape agreement are not required to be an impacted species under that agreement, subject to clause (3) (a). (c)  there is a requirement, whether under the Act or regulation under which the regulated activity is authorized, permitted or required, under a regulation made under subsection (3) or under the instrument authorizing the regulated activity, that, (i)  a benefit that will assist with the protection or recovery of the prescribed species be achieved, where reasonable, and. (a)  states that the Minister is of the opinion that additional time is required to prepare the statement; (c)  provides an estimate of when the statement will be published. (b)  the condition of the species across the broader biologically relevant geographic range in which it exists both inside and outside of Ontario. 5, s. 16. 2019, c. 9, Sched. No amendments. 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