The law

Ontario’s Endangered Species Act protects endangered and threatened species — animals and plants in decline and at risk of disappearing from the province.

You need to follow certain rules if you operate a waterpower facility that could affect a protected species or habitat (e.g. fish and turtles).

Different rules apply if you are building a new facility.

Source law

This is a summary of the provincial laws. You can find a complete set of provincial rules related to this activity in:

This page is for informational purposes only. You should not rely on it to determine your legal obligations. To determine your legal obligations, consult the Endangered Species Act, 2007 and its regulations.

If you need legal advice, consult a legal professional. In the event of an error on this page or a conflict between this page and any applicable law, the law prevails.

The rules

You must:

  • register the activity and the affected species with the Ministry of the Environment, Conservation and Parks (before work begins)
  • take immediate steps to minimize the effects to the species and habitat
  • create and implement a mitigation plan for each species
  • report sightings of rare species (and update registration documents, if needed)
  • monitor and report on species and activities each year

Report a species

If you see or encounter a species, you must inform the Natural Heritage Information Centre – within 3 months of a sighting or encounter.

Report a rare species

Contact the Natural Heritage Information Centre

How to register

Learn how businesses and individuals can register regulated activities online that involve species at risk.

Minimize effects on a species

By law, you must immediately:

  • protect areas that are important to the species (e.g. nests)
  • get advice/help before you move it
  • educate people who work on the site
  • adjust steps you’re taking, if they’re not working

Maintenance activities

If feasible, do maintenance in a way that minimizes the impact on a species or can benefit it (e.g. send water to certain areas).

Mitigation plans

Mitigation plans should include the best available information on a species.

You can get this information from:

  • The Ministry of the Environment, Conservation and Parks
  • Aboriginal traditional knowledge
  • community knowledge (e.g. local nature clubs)

A plan must:

  • be prepared by an expert on the species
  • be updated every 5 years
  • provide a map
  • list how operations affect the species
  • say how you will minimize effects on the species
  • provide details on how you will help the species reproduce, hibernate, migrate, etc.
  • detail how you will restore or replace the habitat
  • outline steps you will take if you encounter an injured species
  • outline how you plan to monitor

Deadlines for plans

In most cases, you must have your plan prepared before your operations affect a species or its habitat.

You have 3 years to complete the plan:

  • from the date the species first appeared on the site or
  • from the date the species was listed for those species listed on or after January 24, 2013.

You must keep plans for 5 years — and give a copy to the Ministry of the Environment, Conservation and Parks within 14  days, if asked.

Reporting process

You must prepare an annual report that includes:

  • how you minimized effects on a species and the results of that work
  • the results of monitoring
  • any observations/sightings of a species
  • other activities you undertook as part of the mitigation plan

You must keep reports for 5 years — and give a copy to the Ministry of the Environment, Conservation and Parks if asked.

When you need a permit

You could still need a permit if:

  • you’re building a new waterpower facility
  • operations will affect these species:
    • Hungerford’s Crawling Water Beetle
    • Pygmy Snaketail
    • any species listed after the date identified in section 0.1 of O. Reg. 242/08

To apply for a permit, contact the Ministry of the Environment, Conservation and Parks.

New waterpower facilities

You could need a permit to build a new facility. If the project is in the final stages of approval, you may not need a permit.

More information on new waterpower facilities

Identify a species at risk

If you are unsure about a certain species — and would like help identifying or confirming what it is — you can see photos and get more information on the Endangered Species website.

Get more details about a species