Part B: Qualified persons and attestation
B1. Qualified persons
As per s.1 of the Regulation, part B of this Guide sets out the qualifications of a qualified person for the purposes of those sections of the Regulation that require the qualified person to prepare, undertake or attest to an assessment, review, evaluation, investigation, plan, report, determination, or other thing.
A qualified person must have:
- a post-secondary degree, diploma or certificate in a field of study that relates to aquatic or terrestrial ecosystems or the living organisms, habitat or processes of those ecosystems
- 5 or more years of work experience within the last 10 years related to a field of study described in (a)
- for the purpose of undertaking a specific required activity, the qualification requirements listed in table B1 of this Guide
Note: “Work experience” includes field work, survey design and methodology, data collection, analysis, and report writing conducted in a professional setting, regardless of whether that work was compensated.
For the purpose of undertaking a specific required activity related to provincial parks or conservation reserves, a qualified person shall meet the qualification requirements set out in part F (table F1 of this Guide) and is not required to meet the qualifications outlined above unless otherwise specified in table F1 of part F.
While 1 qualified person may have the adequate knowledge, skills or experience to discharge many of the requirements in this Guide and the Regulation, there may be cases where more than 1 qualified person is required to meet the qualified persons obligations for a required activity as identified above and in table B1, part B and table F1, part F of this Guide (for example, a botanist with advanced plant identification skills, an expert in bat or raptor species biology or a hydrologist with expertise in wetland hydrological processes may all be needed to complete the requirements).
A qualified person can be assisted by others who may not meet all required qualifications (for example, assisting with field work or records searching), however, any work conducted or prepared by such assistants must be directly supervised and their work reviewed by the qualified person(s). This means the qualified person must either be present during any field assessments or ensure that assistants are properly trained in order to carry out specific tasks.
| Required activity | Additional qualification requirements |
|---|---|
| Records review | When conducting a Records review, a qualified person must have an understanding of and an ability to use geospatial tools and platforms (such as geographic information system software) and also have an understanding of how to query, access, request, analyze and interpret geospatial data and information from Ontario GeoHub and other geospatial data sources. This includes knowledge of publicly available data layers and how they relate to Ontario’s natural features and wildlife. In some cases, qualified persons may need to complete training in order to access sensitive datasets (for example, data sensitivity training). |
| Site investigation | When conducting a site investigation, a qualified person must have relevant knowledge and be skilled in the use of ecological land classification (ELC) in Ontario to identify and delineate any natural features that may be present at the project location or its adjacent lands. Wildlife habitat: When undertaking a site investigation to identify candidate significant wildlife habitat, a qualified person must have relevant knowledge and be skilled in identifying Ontario’s flora and fauna and their habitats. Birds and bats: When undertaking a site investigation for applications involving wind power projects, a qualified person must be able to demonstrate they have relevant knowledge and skills regarding birds and bats and their habitats. |
| Evaluation of significance | Wetlands: When evaluating the significance of a wetland, a qualified person must have successfully completed the Ontario wetland evaluation system training course recognized by MNR. |
| Environmental impact study (EIS) | When undertaking an EIS and preparing the report, a qualified person must have relevant knowledge and be skilled in assessing, developing and monitoring mitigation approaches related to natural features (including rare and/or sensitive habitats) and wildlife. Earth Science ANSI: When undertaking an EIS in relation to an earth science ANSI, a qualified person must have a post-secondary degree, diploma or certificate in a geological science discipline. |
| Environmental effects monitoring plan (EEMP) with respect to birds or bats | When preparing an EEMP or when undertaking any required monitoring, a qualified person must have relevant knowledge and be skilled in developing and applying monitoring protocols, including statistical sampling design. A qualified person must also have knowledge of relevant literature on bird mortality monitoring at wind facilities and application of the best analytical approaches (including models) for calculating unbiased estimates of bird mortality at wind facilities. |
In addition to demonstrating that the required qualifications are met, it is recommended that applicants, when obtaining the services of qualified persons, request information to confirm that the qualified person or persons have knowledge, skills, expertise in:
- environmental and natural heritage legislation, regulation, and policy in Ontario
- identification and analysis of biotic and abiotic elements and associated ecological functions at various scales, including through the application of standard field methods
- use of appropriate measures for mitigating (including avoiding) negative effects on natural features and functions
- design of methods for monitoring effectiveness of mitigation measures
- use of geospatial systems to identify information related to biological or natural resources
It is recommended that a resume or C.V. of the qualified person be included as an addendum to each report required to be prepared.
Applicants may also wish to request information when engaging qualified persons that indicates an adherence to a code of ethics to their professional work that demonstrates integrity, a focus on providing current and accurate information, and an ability to give unbiased professional advice that is not unduly influenced by others.
B2. Attestation
An applicant is required to submit a signed and dated attestation in accordance with subsection 28 (2) of the Regulation.
It is recommended that the attestation contain the following information:
- name and position of person completing / signing the attestation on behalf of the applicant with confirmation they have authority to sign the attestation on behalf of the applicant. For example,
“I, the undersigned, hereby declare that I have the authority to act on behalf of [insert name of applicant]” - legal name of applicant’s company (if applicable)
- description of the location of the proposed renewable energy project
- a list of each assessment, review, investigation, report and plan required to be prepared under the Regulation, the name of the qualified person(s) completing each, and the date that each was undertaken/completed. For example:
“Site investigation undertaken May 3, 2026 to May 13, 2026 by John Doe, principal ecologist at XYZ Consulting” - an attached list of qualifications of each qualified person named in the attestation
- a clear and formal statement of attestation. For example:
“I do hereby formally attest that the required activities specified here were completed by a qualified person(s) as set out in the natural heritage assessment guide and were undertaken according to requirements, criteria and procedures set out in O. Reg. 359/09 under the Environmental Protection Act and the natural heritage assessment guide for renewable energy projects.” - an acknowledgment that the attestation may be made available to the public for consultation purposes as part of an application for a renewable energy application. For example:
“I acknowledge, on behalf of [insert legal name of applicant], that this attestation may be made available to the public for consultation purposes as part of an application for a renewable energy approval.” - an appendix including written confirmation from each qualified person that assessments, reviews, investigations, reports and plan have been prepared and/or completed in accordance with the Regulation and this Guide.