Endangered Species Act

More than 200 species of plants and animals are at risk of disappearing from Ontario.

The Endangered Species Act, 2007 provides:

  • science-based assessment — species are assessed by an independent body based on the best-available science, Aboriginal Traditional Knowledge and community knowledge, if available
  • species  protections — species classified as extirpated, endangered or threatened automatically receive protection from being killed, harmed or harassed
  • habitat protections — when a species is classified as endangered or threatened, its habitat is also protected from being damaged or destroyed

See: Endangered Species Act

Authorizations

The government protects species at risk through:

  • protections under the Endangered Species Act, 2007 (ESA)
  • general prohibitions against adversely impacting species at risk and their habitat

When you carry out an activity, it may not be possible for you to avoid impacting species and their habitat. The ESA provides for authorizations (such as permits and agreements) and conditional exemptions, which allow these activities to proceed as long as you follow certain protective requirements. These conditions are aimed at protecting and recovering species at risk.

These authorizations and conditional exemptions are intended to ensure that Ontario’s businesses and residents continue to prosper while protecting and recovering the province’s  species at risk.

How to avoid an authorization

If you can work around protected species and habitats so that they are not adversely affected, you won't need an authorization or a conditional exemption for your activity.

Ways you can avoid adversely impacting protected species

  • Timing — conducting the activity at certain times of the year (for example, by removing brush in the spring or fall when migrating birds have flown south, you can avoid interfering with their nests and young).
  • Location — moving the activity to a slightly different location or reducing the size of the area affected (for example, by planning the layout of a housing development so that it doesn't overlap with the habitat of a plant species at risk, you can avoid harming the plant and destroying its habitat).
  • Method — Some ways of performing the same activity are often better than others (for example, building a floating or pipe dock rather than a crib dock to avoid adverse effects to the shoreline habitat of at-risk fish species).

Authorization types

Permits

The ESA contains provisions that allow us to issue a permit to a person, company or organization carrying out an activity that will adversely impact species and/or their habitat.

Permits may only be issued under certain circumstances and may contain conditions. The authorization provided by a permit only applies if the conditions included in the permit are followed. Conditions in a permit can include:

  • taking measures to minimize the adverse effects of the activity on species at risk
  • completing beneficial (helpful) actions for the species
  • creating and following a mitigation plan
  • monitoring and reporting on the effectiveness of mitigation measures

Agreements

The ESA provides for authorizations to be issued by way of an agreement. Like permits, agreements may contain conditions. The authorization provided by an agreement only applies if the conditions included in the agreement are followed. Conditions in an agreement can include:

  • taking measures to minimize the adverse effects of the activity on species at risk
  • completing beneficial actions for the impacted species
  • creating and following a mitigation plan
  • monitoring and reporting on the effectiveness of mitigation measures

Exemptions

The ESA lets us create exemptions for activities that would otherwise be prohibited under the general prohibitions against adversely effecting species (listed on the Species at Risk in Ontario (SARO) list.)

These regulatory exemptions may include conditions. Regulatory exemptions only apply if these conditions are met. Conditions in a conditional exemption can include:

  • undertaking measures to minimize the adverse effects of the activity on species at risk, and in some cases, to complete beneficial actions for the impacted species
  • creating and following a mitigation plan
  • monitoring and reporting on the effectiveness of mitigation measures

Regulations made under the Endangered Species Act, 2007 that contain conditional exemptions set out specific eligibility requirements and conditions that must be met for the exemption to apply. Some conditional exemptions require you to register with the ministry as a condition of receiving the exemption.

Authorization and exemption conditions

Permits, agreements and exemptions may only be issued under certain circumstances and may contain conditions. Conditions can include:

  • taking measures to minimize the adverse effects of the activity on species at risk
  • completing beneficial (helpful) actions for the impacted species
  • creating and following a mitigation plan
  • monitoring and reporting on the effectiveness of mitigation measures

Ministry of the Environment, Conservation and Parks role

The ministry provides information about the process to get a permit or agreement. We conduct a technical review of applications to assess your proposed activities against the requirements for permits and agreements.

During the application process, we may provide:

  • guidance around best management practices and protocols
  • suggestions about the protection of species

Other permissions, approvals or authorizations may be needed from landowners, agencies or different levels of government (for example, a conservation authority, municipality, another ministry or the federal government). Other authorizations may also be needed from the Ministry of the Environment, Conservation and Parks.

Contact other landowners and authorities early in the process to identify any requirements. It is your responsibility to ensure that you have all other permissions, approvals and authorizations before starting your activity.

What requires an authorization

Section 9 of the Endangered Species Act, 2007 (ESA) prohibits:

  • killing, harming, harassing, capturing and taking living members of species listed as endangered, threatened or extirpated on the Species at Risk in Ontario list
  • the possession, transportation, collection, buying, selling, leasing, trading or offering to buy, sell, lease or trade living or dead members of species that are listed on the Species at Risk in Ontario List, or something that is represented to be a member of a species listed on the Species at Risk in Ontario List
  • the possession, transportation, collection, buying, selling, leasing, trading of anything derived from a living or dead member of a species listed on the Species at Risk in Ontario list
  • damaging or destroying the habitat of species that are listed as endangered or threatened on the Species at Risk in Ontario list

If the activity you are planning might be prohibited under the ESA, you may need to:

  • get a permit or agreement
  • make sure that one of the conditional exemptions in O. Reg.242/08 or O. Reg.830/21 applies applies to the activity

Authorizations you get from other agencies do not limit the application of the ESA to your proposed activity.

Learn more: how Ontario protects species at risk

Permit types

A permit authorizes a person to perform an activity that is normally prohibited by the ESA.

Permits may include conditions. The authorization granted by the permit only applies if you meet the conditions of the permit.

The Minister of the Environment, Conservation and Parks must consider government response statements (if one exists) for each species at risk that may be affected by the activity before issuing a permit under the ESA.

The minister can change or cancel your permit with your consent. In some circumstances, your permit can also be changed or cancelled without your consent:

  • to prevent jeopardizing the survival or recovery of the species at risk specified in your permit
  • for the protection of human health or safety

There are 5 types of permits issued under the Endangered Species Act, 2007:

  • health or safety
  • protection or recovery
  • overall benefit
  • social or economic benefit to Ontario
  • Aboriginal community permits

Health or safety permits

A situation may arise that involves actions necessary to address a risk to human health or safety.

If you need to take action to protect human health or safety, you may need a health or safety permit under the ESA.

Note that the minister must be of the opinion that the activity is necessary for the protection of human health or safety.

Some examples of activities that may require a health or safety permit include:

  • if you want to shore up a rock cliff where a golden eagle is nesting nearby
  • if you want to prune or remove a cherry birch tree that is likely to fall on the roof of a house

Protection or recovery permits

If the main purpose of your activity is to help a species at risk or its habitat, but your activity  may be otherwise prohibited under the ESA, you may need a protection or recovery permit.

Some examples of activities that require a protection or recovery permit include:

  • if you want to collect Dense Blazing Star seeds and plant them as part of a prairie restoration project
  • if you want to captive rear Blanding’s Turtle hatchlings to help recover the species

Overall benefit permits

The minister may issue an overall benefit permit for activities that are otherwise prohibited by the ESA and not carried out to assist in protecting or recovering a species.

These permits are sometimes issued for activities like:

  • residential, commercial and industrial land development
  • municipal and provincial infrastructure projects
  • aggregate pits and quarries

Learn more: overall benefit permits

Social or economic benefit to Ontario permits

The minister may issue a permit to authorize an activity that is otherwise prohibited by the ESA that will result in a significant social or economic benefit to Ontario.

Requirements and conditions

Before issuing this type of permit, the minister must be satisfied that:

  • the activity will result in a significant social or economic benefit to Ontario
  • the activity will not jeopardize the survival or recovery of the species in Ontario
  • reasonable alternatives have been considered, including those that wouldn't adversely affect the species, and the best alternative has been adopted
  • reasonable steps to minimize adverse effects on individual members of the species will be taken

An example of an activity that could be authorized through a social or economic benefit permit could be constructing an international crossing that increases trade and investment between the countries, creates thousands of construction jobs in Ontario and increases border crossing capacity

Aboriginal community permits

The minister may issue a permit to a band (as defined in the federal Indian Act), a tribal council, or an organization that represents a territorially based Aboriginal community for activities that are otherwise prohibited under the ESA.

A permit may only be issued if the minister believes that the activity will not jeopardize the survival or recovery of the species at risk in Ontario.

These permits may contain conditions that must be followed in order for the activity to be authorized, and the minister must consider a government response statement, if one exists, for each species at risk that may be affected.

How to get a permit

First, determine whether any protected species at risk or their habitat exist, or are likely to exist, within or near your activity location. Then determine whether your activity is likely to contravene the prohibitions in sections 9 or 10 of the ESA.

If you think you need a permit you should:

  1. complete an Information Gathering Form (IGF)
  2. submit the form by email to SAROntario@ontario.ca

Our technical staff will review the IGF to:

  • better understand your activity and its potential impacts to species at risk and habitat
  • determine the most appropriate type of permit or agreement for the activity

After you complete the IGF you must complete and submit:

We will review these forms to determine if we will issue a permit or agreement.

Agreements

The Endangered Species Act, 2007 also authorizes the minister to enter into agreements.

Agreements may include conditions. The authorization granted by the agreement only applies if conditions to the agreement are met. The minister must also consider government response statements, if one exists, for each species at risk that may be affected by the activity before entering into an agreement.

There are three types of agreements:

  • stewardship agreements
  • landscape agreements
  • Aboriginal community agreements

Stewardship agreements

A stewardship agreement authorizes activities that are otherwise prohibited under the ESA which assist in the protection or recovery of a species listed on the Species at Risk in Ontario list.

Some examples of activities that may be eligible for a stewardship agreement include:

  • if you want to harvest wild Eastern Prairie Fringed-orchid seeds to re-plant as part of a multi-year prairie restoration project
  • if you want to collect plant materials for research to find or grow a disease-resistant variety of the species
  • actively managing an area and enhancing it to create species at risk habitat

Landscape agreements

A landscape agreement authorizes multiple activities throughout a geographic area of Ontario otherwise prohibited under the ESA.

Aboriginal community agreements

The minister may enter into an agreement for an activity that would otherwise be prohibited by the ESA with:

  • a band (as defined in the federal Indian Act)
  • a tribal council
  • an organization representing a territorially based Aboriginal community

The ministry cannot enter an agreement with the above listed entities if the activity would jeopardize the survival or recovery of the potentially impacted species in Ontario.

Conditional exemptions

Two regulations under the Endangered Species Act, 2007 (ESA) provide conditional exemptions for certain activities and species that would otherwise be prohibited under the ESA. These include:

You are required to ensure you meet the eligibility criteria, and in most cases, to submit a notice form to register the activity with the ministry before you commence the activity. Activities that require registration include:

For further information contact SAROntario@ontario.ca