(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. 2007, c. 6, s. 7 (5). (iv)  respecting the Agency’s ability to hire or employ persons or providing that employees may be appointed under Part III of the Public Service of Ontario Act, 2006. 63 Omitted (provides for coming into force of provisions of this Act). (9) The Agency shall not establish a subsidiary corporation, except as permitted by the regulations. (5) Clause (1) (b) does not apply to possession or transport of a species by a person or body if the Minister has authorized the person or body to possess or transport the species for, (a)  scientific or educational purposes; or. 2019, c. 9, Sched. (6) A reference in this section to a member of a species. 2019, c. 9, Sched. 2. 20.2 (1) The Fund shall be constituted by the following money: 1. 39 A person shall not be convicted of an offence under this Act if the person establishes that, (a)  the person exercised all due diligence to prevent the commission of the offence; or. (3) Subject to subsection (4), the Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risk of the Agency. 5, s. 5 (1). Currently, species are added to the Species at Risk in Ontario list, which falls under the provincial Endangered Species Act. (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. The then gold-standard ESA required they provide an on-the-ground overall benefit to species negatively … When Congress passed the Endangered Species Act (ESA) in 1973, it recognized that our rich natural heritage is of "esthetic, ecological, educational, recreational, and scientific value to our Nation and its people." 2019, c. 9, Sched. 20.7 (1) Subject to subsection (2), the Agency may make payments out of the Fund to a person who wishes to carry out an activity only if, (a)  the purpose of the activity is consistent with the purpose of the Fund; and. (c)  a hand signal to stop, in the case of a vehicle or boat. 5, s. 18 (1). 4. (3) The Agency shall determine eligibility for funding of activities in a manner that is consistent with the guidelines established by the Minister and published under subsection (5). 5, s. 18 (1). 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. 2007, c. 6, s. 20 (5). 5, s. 18 (1). (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. 54 (1) This Act is binding on the Crown. 2007, c. 6, s. 50 (1). 5, s. 16. 2019, c. 9, Sched. (4) A permit issued under this section may contain such conditions as the Minister considers appropriate. Such other information as is prescribed by the regulations. 3. (3) The Minister may by regulation designate species that are listed on the Species at Risk in Ontario List as conservation fund species for the purpose of the Fund. (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. (ii)  an increase in the viability or resilience of an existing population of the species, (iii)  an increase in the distribution of the species within its natural range, or. (ii)  is necessary for the protection of human health or safety. 5, 10 (4). 2007, c. 6, s. 8 (2); 2019, c. 9, Sched. (5) The Minister shall not require COSSARO to do anything under this section unless he or she has consulted with the chair of COSSARO. To identify species at risk based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge. (a)  it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to. prescribed as a regulated activity for the purposes of section 18 by a regulation made under clause 18 (3) (a). 5, s. 18 (1). Exemptions from Act, enforcement officers. In 2013, the province introduced a regulation that exempts major industries from strict protection standards under the ESA – in many cases giving them … 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. General information about this Act and the regulations. 4. 5, s. 14. Ontario says proposed changes to endangered-species regulations will protect species and balance the needs of developers in what critics say is a blow to environmental protection. (3) A government response statement shall be published within nine months after the recovery strategy or management plan is made available to the public, subject to subsection (4). (e)  any provision of the regulations. 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. (3) A person shall pay any fees charged by the Minister under this Act. 5, s. 18 (1). 2007, c. 6, s. 26 (12). It is a robust system for managing Crown forests founded on an adaptive management approach to plan, implement, monitor and re-plan … The major threats to these species include habitat loss, illegal hunting, and genetic alteration. 2007, c. 6, s. 46. (a)  prescribing regulated activities for the purposes of this section; (b)  prescribing species listed on the Species at Risk in Ontario List as endangered or threatened species for the purposes of this section; (c)  governing requirements or processes that must be followed by persons who are authorized, permitted or required to carry out the prescribed regulated activities under instruments or regulations, including, (i)  limiting or restricting the manner in which the persons carry out the regulated activity and requiring that they not perform some of the acts that are prohibited under subsection 9 (1) or 10 (1) while carrying out the activity, or. 5, s. 18 (1). (b)  if the charge is required by a permit issued under section 17 or subsection 19 (3) or an agreement entered into under section 16.1 or subsection 19 (1), in accordance with the time and manner specified in the permit or agreement. 2007, c. 6, s. 50 (3). 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. 47 (1). (“redevance pour la conservation des espèces”) 2007, c. 6, s. 2 (1); 2019, c. 9, Sched. 2019, c. 9, Sched. set out the alternatives to the proposed regulation that were considered by the Minister under paragraph 2, v.  set out the reasons for making the proposed regulation, including any significant social or economic benefit to Ontario, and. (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. (7) Policy statements issued under subsection (6) shall be published on a website maintained by the Government of Ontario. (7) A justice may issue further warrants under subsection (1) or (5). (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. 5, s. 16. 2007, c. 6, s. 12 (3). 2007, c. 6, s. 17 (6). 5, s. 18 (1). Funding provided to the Agency by the Crown. Conservation efforts have however been put in place to change the status of these species. 3. 2007, c. 6, s. 23 (11). No amending legislation available on CanLII. 2. (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. 53. 2007, c. 6, s. 23 (8). (5.1) An authorization granted under subsection (5) is subject to such conditions as the Minister may specify in the authorization. (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. 5, s. 12. (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. 5, s. 18 (1). 5, s. 15 (4). 2019, c. 9, Sched. (5) The Minister shall publish the guidelines on a website maintained by the Government of Ontario and the Agency shall publish the guidelines on a website maintained by the Agency. All the species that are classified by COSSARO as threatened species. An order to take such other steps as are specified in the order to comply with this Act. 2019, c. 9, Sched. (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. (b)  there is insufficient information available to classify a species. The species is listed on the Species at Risk in Ontario List as an extirpated species and no regulation is in force that prescribes the species for the purpose of clause 10 (1) (b). 4 (1) COSSARO shall perform the following functions: 1. 5. (a)  establish objectives and priorities for funding; (b)  establish standards for activities that receive funding from the Fund; and. 5, s. 7. 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. (iii)  respecting refunds of charges and authorizing the Agency to pay such refunds out of the Fund; (f)  respecting the contents of a report required under subsection 20.16 (4); (g)  respecting the manner in which reports may be made available to the public for the purposes of section 20.17. 48 Subject to the approval of the Lieutenant Governor in Council, the Minister may establish a committee to make recommendations to the Minister on any matter specified by the Minister that relates to. 2007, c. 6, s. 40 (2). (2) If the Minister is of the opinion that a proposed regulation is likely to jeopardize the survival of a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, or to have any other significant adverse effect on the species, the Minister shall not make the regulation under subsection 9 (1.2) or clause 56 (1) (a) or recommend that the regulation be made by the Lieutenant Governor in Council under clause 55 (1) (b) or subsection 55 (3), as the case may be, unless the following requirements have been satisfied: 1. 2019, c. 9, Sched. 2. 2019, c. 9, Sched. 2. A species shall be classified as an extinct species if it no longer lives anywhere in the world. 2007, c. 6, s. 24 (1); 2019, c. 9, Sched. 2019, c. 9, Sched. (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. Temporary suspension of protections upon initial listing. Vous utilisez un navigateur désuet qui n’est plus accepté par Ontario.ca. (8) The person who required the hearing and such other persons as the hearing officer may specify are parties to the hearing. (v)  require a person to provide the Minister with prescribed reports or information at such times and in such manner as may be prescribed. The species is not listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, the Minister has received a report from COSSARO classifying or reclassifying the species as an extirpated, endangered or threatened species, and the amendment to the Species at Risk in Ontario List that is required by section 7 has not yet come into force. 5, s. 12. 2019, c. 9, Sched. (3) As part of the program, the Minister may make grants for the purpose described in subsection (2). A person engaged in an activity under an agreement that was entered into under subsection 16 (1), 16.1 (3) or 19 (1) before the species is so listed. 6, s. 50. (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. 2  The classification of Few-flowered Club-rush or Bashful Bulrush applies to Lot 32, ranges 2 and 3, in the City of Pickering (formerly the geographic Township of Pickering), and to the Royal Botanical Gardens in the City of Hamilton. (2) The purpose of the Fund shall be to provide for the funding of activities that are reasonably likely to protect or recover conservation fund species or support their protection or recovery. 2007, c. 6, s. 26 (2). (4) Upon requiring COSSARO to reconsider a classification of a species under subsection (3), the Minister shall publish a notice of the requirement for a classification reconsideration on a website maintained by the Government of Ontario. “species conservation charge” means a charge that is paid to the Agency in accordance with section 20.3. (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 2019, c. 9, Sched. 5, s. 7. 5, s. 18 (1). 2019, c. 9, Sched. 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. 8.1 (1) Subject to subsections (2) and (3), the Minister may, by regulation, order that, as of the day a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, the application to the species of all or some of the prohibitions in subsections 9 (1) and 10 (1) shall be temporarily suspended. Perform any other function required under this or any other Act. Information that could lead to contravention. (b)  the person arrested, if released, will not respond to a summons or offence notice or will not appear in court. 2007, c. 6, s. 29 (1); 2019, c. 9, Sched. 2019, c. 9, Sched. (b)  an activity permitted or required under a regulation that is made under an Act of Ontario or Canada. (j)  such other matters as the Minister may specify. 5, s. 27. Consolidation Period: From June 30, 2008 to the e-Laws currency date. (6) Subsections (3) and (4) do not apply to a thing that is required to be carried before a justice by a search warrant issued under Part VIII of the Provincial Offences Act. (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. 54 (1). All reports submitted to the Minister by COSSARO under section 6. 5, s. 18 (1). (2) The annual report shall include a copy of the audited financial statements of the Agency. 2019, c. 9, Sched. (4) Subsection (1) does not apply to a regulation that lists a species on the Species at Risk in Ontario List as an endangered or threatened species for the first time, based on a species classification set out in the most recent COSSARO report submitted under section 6, if before the listing, the species, or some members of the species, were classified under a different common or scientific name that appeared on the Species at Risk in Ontario List as belonging to an endangered or threatened species. An order directing the person to take steps set out in the order to address the significant adverse effect of the activity on the species. 2007, c. 6, s. 47 (3). 3. (3) Fund money received or held by the Agency shall not form part of the Consolidated Revenue Fund. “aboriginal person” means a member of the aboriginal peoples of Canada, as defined in section 35 of the Constitution Act, 1982; (“personne autochtone”), “Agency” means the corporation established by regulation under section 20.4; (“Agence”), “conservation fund species” means a species that is designated under subsection 20.1 (3) for the purposes of the Fund; (“espèce ciblée par le fonds de conservation”), “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”), “Fund” means the Species at Risk Conservation Fund established under section 20.1; (“Fonds”), (a)  with respect to a species of animal, plant or other organism for which a regulation made under clause 56 (1) (a) is in force, the area prescribed by that regulation as the habitat of the species, or. 5, s. 15 (2). 2019, c. 9, Sched. Once a fish or wildlife species is listed as endangered or threatened under the ESA, the act prohibits anyone from taking the species; plants are protected under separate provisions of the act. Apprenez-en davantage au sujet des restrictions et des mesures de la santé publique qui sont en place. 5, s. 23. 5, s. 18 (1). (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. (10) A person shall, during an inspection under this section, provide information requested by the enforcement officer that is relevant to the inspection. 6. (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. (a)  a living or dead animal, plant or other organism that is not easily distinguishable from 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 member of that species; and. i.  set out the Minister’s opinion on whether the regulation will jeopardize the survival of the species in Ontario or have any other significant adverse effect on the species. approaches to achieve the objectives recommended under subparagraph i, and. 4. (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. (“activité réglementée”) 2019, c. 9, Sched. 2007, c. 6, s. 49 (4). 5, s. 18 (1). 2007, c. 6, s. 42. (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. An organization that represents a territorially-based aboriginal community. 5, s. 15 (1). (b)  a charge is laid but, when the charge is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn. 5, s. 18 (1). (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 a website maintained by the Government of Ontario that. (1.2) Subject to section 57, the Minister may, by regulation, limit the application of the prohibitions in subsection (1) with respect to a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species. (4) The time limit in subsection (3) does not apply to a government response statement if, before the expiry of the nine months, the Minister publishes a notice on a website maintained by the Government of Ontario that. 20.5 (1) The Agency shall have the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its objects, except as limited by this Act or the regulations. 2007, c. 6, s. 64. 2007, c. 6, s. 9 (2). (a)  with the consent of the holder of a permit issued under this section, revoke or amend the permit; or. (b)  has not yet been assessed by COSSARO. 5, s. 18 (1). 2019, c. 9, Sched. 5, s. 7. (2) The Minister may issue a permit under this section only if. 2019, c. 9, Sched. (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. 5, s. 18 (1). Species conservation charges paid to the Agency in accordance with section 20.3. (11) The enforcement officer may make copies of any thing inspected or produced during the inspection. 5, s. 30. 2007, c. 6, s. 23 (9). 2019, c. 9, Sched. 2007, c. 6, s. 26 (16). (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. (9) The Minister is entitled to be heard at the hearing. (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. 5, s. 8 (1). (c)  at the time the agreement is entered into, the Minister is of the opinion that. (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. 6. 2007, c. 6, s. 25 (1). 2007, c. 6, s. 1. 2007, c. 6, s. 5 (3). (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. Canada’s wildlife depends on innovative regulations, policies, and programs that make conservation of species at risk the primary goal. In an update to its forestry strategy released in December, the provincial government announced plans to make that permanent. 5, s. 18 (1). 5, s. 18 (1). 5, s. 7. (5) The Corporations Act, the Corporations Information Act and the Not-for-Profit Corporations Act, 2010 do not apply to the Corporation, except as provided by the regulations. 2019, c. 9, Sched. 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. 5, s. 5 (2). 2007, c. 6, s. 3 (5). 2007, c. 6, s. 26 (7). Recovery strategies and management plans for more than one species. 5, s. 18 (1). (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. 4. (b)  fees for the use of facilities, equipment, services or other things provided by the Ministry relating to species listed on the Species at Risk in Ontario List. (3) The Agency shall make each business plan available to the public on a website maintained by the Agency in accordance with the operating agreement. 5, s. 18 (1). 2007, c. 6, s. 25 (4). 2019, c. 9, Sched. (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. A person engaged in an activity under a permit that was issued under subsection 17 (1) or 19 (3) before the species is so listed. To protect species that are at risk and their habitats, and to promote the recovery of species that are at risk. (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. 19. 5, s. 6 (1). (2) An order under subsection (1) shall be made by the Minister after he or she receives a report from COSSARO under section 6 classifying a species as endangered or threatened but before the amendment is made to the Species at Risk in Ontario List under section 7 to reflect the new classification of the species by COSSARO. 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. Industries such as forestry, mining and mineral exploration already have broad exemptions from protecting the habitat of endangered species.” In Ontario, the species-at-risk list currently includes 243 plants and animals. 2019, c. 9, Sched. 2019, c. 9, Sched. 2019, c. 9, Sched. (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. (6) An order under subsection (1) may be limited to one or more geographic areas described in the order. 2019, c. 9, Sched. Any provisions 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. 22 An enforcement officer who is acting under this Act shall, on request, produce identification. 2019, c. 9, Sched. Ontario.ca needs JavaScript to function properly and provide you with a fast, stable experience. (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. (i)  describing specific boundaries for the area, (ii)  describing features of the area, or. 2007, c. 6, s. 4 (3). 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. (b)  if no time is specified in the government response statement, five years after the government response statement is published. (5) The Minister is entitled to be heard at the hearing. 2007, c. 6, s. 23 (5). A person who is required to do so under a landscape agreement referred to in section 16.1. (2) The Agency shall apply its revenues to carry out its objects and duties and for no other purpose. 2. 4. 2007, c. 6, s. 19 (3). 5, s. 16. 2019, c. 9, Sched. (c)  the reasons for the hearing officer’s opinion and recommendations. 2007, c. 6, s. 41 (2). (2) Despite subsection (1), the Minister shall not give directions on, (a)  matters relating to the borrowing of money, the investment of funds or the managing of financial risks; or. An order not to engage in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence. 5, s. 18 (1). 3. 3. 5, s. 7. Submit reports to the Minister in accordance with this Act. 2019, c. 9, Sched. 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. (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. The order may be appointed by the Minister order directing the person required... 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