O. Reg. 242/08: GENERAL
under Endangered Species Act, 2007, S.O. 2007, c. 6
Skip to contentEndangered Species Act, 2007
ONTARIO REGULATION 242/08
GENERAL
Historical version for the period June 27, 2008 to June 29, 2008.
Note: This Regulation comes into force on June 30, 2008. See: O. Reg. 242/08, s. 25.
No amendments.
This is the English version of a bilingual regulation.
CONTENTS
Definitions | |
American ginseng | |
Atlantic salmon (Great Lakes population) | |
Aurora trout | |
Butternut | |
Northern bobwhite | |
Woodland caribou (forest-dwelling boreal population) — cast antlers | |
Protection of health or safety, etc. | |
Protection of property | |
Escape or unauthorized release from captivity | |
Hydro-electric generating stations | |
Commercial cultivation of vascular plants, etc. | |
Fishing — incidental catch | |
Trapping — incidental catch | |
Veterinarians | |
Rehabilitation or care — wildlife custodians | |
Rehabilitation or care — transfer to Ministry employees | |
Zoos | |
Falconry | |
Possession prior to listing, etc. | |
Tanning or taxidermy | |
Transition — pits and quarries | |
Transition — development and infrastructure | |
Transition — forest operations in Crown forests | |
Interpretation
Definitions
“game wildlife” has the same meaning as in the Fish and Wildlife Conservation Act, 1997; (“gibier sauvage”)
“specially protected wildlife” has the same meaning as in the Fish and Wildlife Conservation Act, 1997; (“animal sauvage spécialement protégé”)
“wildlife custodian” has the same meaning as in section 44 of the Fish and Wildlife Conservation Act, 1997. (“gardien d’animaux sauvages”) O. Reg. 242/08, s. 1.
Exemptions Applicable to Specific Species
American ginseng
2. (1) Subsection 9 (1) of the Act does not apply to field-cultivated American ginseng if,
(a) it is cultivated on land in respect of which licence fees are payable to the Ontario Ginseng Growers’ Association under Ontario Regulation 340/01 (Designation — Ontario Ginseng Growers’ Association) made under the Farm Products Marketing Act;
(b) it is cultivated without the use of any material from American ginseng, such as seeds, roots or cuttings, that was taken from the wild in Ontario on or after June 30, 2008; and
(c) it is cultivated using structures that produce artificial shade. O. Reg. 242/08, s. 2 (1).
(2) Clause 9 (1) (b) of the Act does not apply until June 30, 2009 with respect to,
(a) living or dead American ginseng that was taken from the wild in Ontario before June 30, 2008;
(b) any part of a living or dead American ginseng that was taken from the wild in Ontario before June 30, 2008; or
(c) anything derived from living or dead American ginseng that was taken from the wild in Ontario before June 30, 2008. O. Reg. 242/08, s. 2 (2).
Atlantic salmon (Great Lakes population)
3. (1) Clause 9 (1) (a) of the Act does not apply to Atlantic salmon (Great Lakes population) that are caught by a person who is sport fishing in accordance with the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada). O. Reg. 242/08, s. 3 (1).
(2) Clause 9 (1) (b) of the Act does not apply to the possession or transport of a fish if, pursuant to subsection (1), clause 9 (1) (a) of the Act did not apply to the catching of the fish. O. Reg. 242/08, s. 3 (2).
(3) Subsection 9 (1) of the Act does not apply to Atlantic salmon (Great Lakes population) that are cultured under the authority of and in accordance with an aquaculture licence under the Fish and Wildlife Conservation Act, 1997. O. Reg. 242/08, s. 3 (3).
Aurora trout
4. (1) Clause 9 (1) (a) of the Act does not apply to aurora trout that are caught by a person who is sport fishing in accordance with the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada). O. Reg. 242/08, s. 4 (1).
(2) Clause 9 (1) (b) of the Act does not apply to the possession or transport of a fish if, pursuant to subsection (1), clause 9 (1) (a) of the Act did not apply to the catching of the fish. O. Reg. 242/08, s. 4 (2).
Butternut
5. (1) Clause 9 (1) (a) of the Act does not apply to a person who kills a butternut tree that occurred naturally if, in the opinion of a person or member of a class of persons designated by the Minister, the butternut tree is affected by butternut canker to such a degree that it is not necessary to retain the tree at its current location to support the protection or recovery of butternut. O. Reg. 242/08, s. 5 (1).
(2) Clause 9 (1) (a) of the Act does not apply to a person who kills a butternut tree if,
(a) the tree did not occur naturally but was cultivated;
(b) the cultivation of the tree was not required by a condition of a permit issued under section 17 of the Act; and
(c) the tree is killed by or at the direction of the owner or occupier of the land on which the tree is located. O. Reg. 242/08, s. 5 (2).
(3) Clause 9 (1) (b) of the Act does not apply with respect to a butternut tree if, pursuant to subsection (1) or (2), clause 9 (1) (a) of the Act did not apply to the killing of the tree. O. Reg. 242/08, s. 5 (3).
(4) Clauses 9 (1) (a) and (b) of the Act do not apply to the taking, possession or transport of a butternut tree for the purpose of transplanting it, if,
(a) the tree did not occur naturally but was cultivated; and
(b) the cultivation of the tree was not required by a condition of a permit issued under section 17 of the Act. O. Reg. 242/08, s. 5 (4).
(5) Clause 9 (1) (b) of the Act does not apply to nuts from a butternut tree. O. Reg. 242/08, s. 5 (5).
Northern bobwhite
6. (1) Clause 9 (1) (a) of the Act does not apply to a person who is hunting northern bobwhite on a game bird hunting preserve within the meaning of the Fish and Wildlife Conservation Act, 1997 if the person is hunting in accordance with that Act and the regulations made under that Act. O. Reg. 242/08, s. 6 (1).
(2) Clause 9 (1) (b) of the Act does not apply to the possession or transport of a northern bobwhite by a person who, pursuant to subsection (1), lawfully kills the northern bobwhite. O. Reg. 242/08, s. 6 (2).
(3) Clause 9 (1) (a) and subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person in respect of northern bobwhite if the person is acting under the authority of and in accordance with,
(a) a licence to own or operate a game bird hunting preserve under the Fish and Wildlife Conservation Act, 1997; or
(b) a licence to keep game birds in captivity under the Fish and Wildlife Conservation Act, 1997. O. Reg. 242/08, s. 6 (3).
(4) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who transports anything that, pursuant to subsection (3), the person is entitled to possess. O. Reg. 242/08, s. 6 (4).
Woodland caribou (forest-dwelling boreal population) — cast antlers
7. Clause 9 (1) (b) of the Act does not apply to antlers that dropped naturally from living woodland caribou (forest-dwelling boreal population). O. Reg. 242/08, s. 7.
Protection of health or safety, etc.
8. (1) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is acting to protect a human being or animal if the person reasonably believes that there is an imminent risk to the health or safety of the human being or animal. O. Reg. 242/08, s. 8 (1).
(2) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a police officer, firefighter or other person if,
(a) he or she is exercising powers or performing duties under an Act of Ontario or Canada or is acting under the direction of a person who is exercising powers or performing duties under an Act of Ontario or Canada;
(b) he or she is engaged in an activity that is intended to,
(i) protect the health or safety of any human being,
(ii) search for a living or dead human being,
(iii) prevent or reduce significant damage to property or the environment, or
(iv) enforce the law; and
(c) in the circumstances, it is not reasonable to comply with clause 9 (1) (a) or subsection 10 (1) of the Act. O. Reg. 242/08, s. 8 (2).
Protection of property
9. (1) If all of the criteria set out in subsection (2) are met,
(a) clause 9 (1) (a) of the Act does not apply to the harassing, capturing or taking of an animal;
(b) subclause 9 (1) (b) (i) of the Act does not apply to the possession or transport of a living animal that is captured or taken pursuant to clause (a); and
(c) subsection 10 (1) of the Act does not apply to the habitat of an animal. O. Reg. 242/08, s. 9 (1).
(2) Subsection (1) applies if all of the following criteria are met:
1. There are reasonable grounds to believe that the animal is damaging property.
2. The animal is harassed, captured, taken, possessed or transported, or its habitat is damaged or destroyed, by or at the direction of the owner or occupier of the land on which the property is located.
3. The owner or occupier has entered into an agreement with the Minister respecting action that may be taken to protect the property.
4. The agreement specifically provides that it applies to the species that the animal belongs to.
5. The agreement states that,
i. the Minister is of the opinion that the agreement requires the owner or occupier to take reasonable steps to minimize adverse effects on the species, and
ii. the Minister is of the opinion that the action described in the agreement will not jeopardize the survival or recovery of the species in Ontario.
6. The agreement is in force.
7. The owner or occupier has complied with the agreement. O. Reg. 242/08, s. 9 (2).
(3) Without limiting the generality of paragraph 3 of subsection (2), an agreement under that paragraph may require the owner or occupier to use the services of a person who is engaged in the business of removing nuisance animals, a person who holds a trapping licence under the Fish and Wildlife Conservation Act, 1997 or any other person described in the agreement. O. Reg. 242/08, s. 9 (3).
Escape or unauthorized release from captivity
10. (1) Clause 9 (1) (a) of the Act does not apply to a person who is complying with clause 46 (3) (b) of the Fish and Wildlife Conservation Act, 1997 with respect to game wildlife or specially protected wildlife. O. Reg. 242/08, s. 10 (1).
(2) Clause 9 (1) (b) of the Act does not apply to the possession or transport, by a person who is complying with clause 46 (3) (b) of the Fish and Wildlife Conservation Act, 1997, of the wildlife referred to in that clause. O. Reg. 242/08, s. 10 (2).
Hydro-electric generating stations
11. (1) With respect to a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is operating a hydro-electric generating station if all of the following criteria are met:
1. The person who operates the station has entered into an agreement with the Minister.
2. The agreement specifically provides that it applies to the species.
3. The agreement states that,
i. the Minister is of the opinion that the agreement requires the person who operates the station to take reasonable steps to minimize adverse effects on the species,
ii. the Minister is of the opinion that, if the agreement is complied with, the operation of the station will not jeopardize the survival or recovery of the species in Ontario, and
iii. the Minister is of the opinion that the agreement does not conflict with the obligation of the Minister to ensure the implementation of any action under subsection 11 (9) of the Act.
4. The agreement provides for monitoring the effects of the operation of the station on the species.
5. The agreement is in force.
6. The person who operates the station has complied with the agreement. O. Reg. 242/08, s. 11 (1).
(2) Despite subsection (1), with respect to a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is operating a hydro-electric generating station described in subsection (3) until the third anniversary of the later of the following dates:
1. The date the species is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species.
2. The earliest date the species existed at the station. O. Reg. 242/08, s. 11 (2).
(3) Subsection (2) applies to a hydro-electric generating station if,
(a) construction of the station began before the later of the dates referred to in paragraphs 1 and 2 of subsection (2); or
(b) all approvals required to begin construction of the station were obtained before the later of the dates referred to in paragraphs 1 and 2 of subsection (2). O. Reg. 242/08, s. 11 (3).
(4) For the purpose of subsection (3), construction is deemed to have begun,
(a) on the date on which the first contract was awarded for carrying out part or all of the construction, if any contracts were awarded for that purpose; and
(b) on the date on which the construction started, if no contracts were awarded for carrying out part or all of the construction. O. Reg. 242/08, s. 11 (4).
(5) Subsection (2) ceases to apply to a person with respect to a species if the person enters into an agreement with the Minister and the agreement has the characteristics described in paragraphs 2, 3 and 4 of subsection (1). O. Reg. 242/08, s. 11 (5).
(6) Subsection (2) does not apply on or after June 30, 2009 with respect to American eels at the R. H. Saunders Station on the St. Lawrence River near Cornwall. O. Reg. 242/08, s. 11 (6).
(7) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if,
(a) pursuant to subsection (1), clause 9 (1) (a) of the Act did not apply with respect to the member of the species; and
(b) the agreement referred to in subsection (1) is in force and the person who operates the station has complied with the agreement. O. Reg. 242/08, s. 11 (7).
(8) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if, pursuant to subsection (2), clause 9 (1) (a) of the Act did not apply with respect to the member of the species. O. Reg. 242/08, s. 11 (8).
Commercial cultivation of vascular plants, etc.
12. (1) Clauses 9 (1) (a) and (b) of the Act do not apply in respect of a vascular plant species to a person who is engaged in the commercial cultivation of that species, if,
(a) the person cultivates the species without the use of any material from the species, such as seeds, roots or cuttings, that was taken from the wild in Ontario on or after the date the species was listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species;
(b) the person is not engaged in cultivating the species in the wild in Ontario;
(c) the person is not engaged in cultivating the species in a manner that is likely to spread disease to, or compromise the genetic integrity of, wild populations of the species; and
(d) not later than three months after the species is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, the person gives the district manager of the Ministry written notice of,
(i) the person’s name, address, telephone number and e-mail address,
(ii) the species that the person is engaged in cultivating and the cultivar, if any, that the person is engaged in cultivating,
(iii) the source of the genetic material for the species that the person is engaged in cultivating, and
(iv) the location where the person is engaged in cultivating the species. O. Reg. 242/08, s. 12 (1).
(2) Clause 9 (1) (b) of the Act does not apply to,
(a) the purchase, sale, lease or trade by any person, or the offer by any person to buy, sell, lease or trade,
(i) a living or dead plant that was cultivated pursuant to subsection (1),
(ii) any part of a living or dead plant that was cultivated pursuant to subsection (1), or
(iii) anything derived from a living or dead plant that was cultivated pursuant to subsection (1); or
(b) the possession or transport by any person of anything that the person acquired pursuant to clause (a). O. Reg. 242/08, s. 12 (2).
(3) Clause (2) (b) does not apply to the possession or transport of anything for the purpose of growing a member of the species in the wild in Ontario. O. Reg. 242/08, s. 12 (3).
Fishing — incidental catch
13. (1) Clause 9 (1) (a) of the Act does not apply to a person who incidentally catches a fish or other animal that belongs to a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, if,
(a) the person is fishing under the authority of,
(i) a licence under the Fish and Wildlife Conservation Act, 1997,
(ii) a licence under the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada), or
(iii) a licence under the Aboriginal Communal Fishing Licences Regulations made under the Fisheries Act (Canada);
(b) the person is fishing in accordance with the licence;
(c) the person is fishing in accordance with,
(i) the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada), in the case of a person fishing under the authority of a licence referred to in subclause (a) (i) or (ii), or
(ii) the Ontario Fishery Regulations, 2007 and the Aboriginal Communal Fishing Licences Regulations made under the Fisheries Act (Canada), in the case of a person fishing under the authority of a licence referred to in subclause (a) (iii); and
(d) subject to clause (b),
(i) the incidentally caught fish or other animal is immediately returned to the waters from which it is caught, and
(ii) if the incidentally caught fish or other animal is alive, it is released in a manner that causes the least harm to the fish. O. Reg. 242/08, s. 13 (1).
(2) In the case of an incidentally caught fish, clause (1) (d) applies whether or not section 12 of the Ontario Fishery Regulations, 2007 applies to the fish. O. Reg. 242/08, s. 13 (2).
(3) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a fish or other animal if,
(a) pursuant to subsection (1), clause 9 (1) (a) of the Act did not apply to the catching of the fish or other animal; and
(b) the fish or other animal was not required to be returned to the waters from which it was caught. O. Reg. 242/08, s. 13 (3).
Trapping — incidental catch
14. (1) Clause 9 (1) (a) of the Act does not apply to a person who incidentally traps an animal that belongs to a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, if,
(a) the person is trapping under the authority of and in accordance with a trapping licence under the Fish and Wildlife Conservation Act, 1997;
(b) the person is trapping in accordance with Ontario Regulation 667/98 (Trapping) made under the Fish and Wildlife Conservation Act, 1997;
(c) the person took steps to avoid trapping members of the species that the incidentally trapped animal belongs to;
(d) the person reports the incidental trapping to the district manager of the Ministry within seven days; and
(e) the incidentally trapped animal,
(i) is immediately released in a manner that causes it the least harm, if the animal is alive when it is found and has a reasonable chance of survival in the wild, or
(ii) is killed in a humane manner, if the animal is alive when it is found and does not have a reasonable chance of survival in the wild; and
(f) the incidentally trapped animal is surrendered to the district manager of the Ministry within seven days after the report referred to in clause (d) is made, or within such longer period as may be authorized by the district manager, if the animal is dead when it is found or is killed under subclause (e) (ii). O. Reg. 242/08, s. 14 (1).
(2) Clause 9 (1) (b) of the Act does not apply to the possession or transport of a dead animal for the purpose of surrendering it to the district manager of the Ministry under clause (1) (f). O. Reg. 242/08, s. 14 (2).
(3) Clause (1) (f) does not apply if the district manager of the Ministry is of the opinion that not requiring the dead animal to be surrendered would not increase any risk to any living member of the species that the animal belongs to. O. Reg. 242/08, s. 14 (3).
(4) In reaching the opinion referred to in subsection (3), the district manager of the Ministry shall consider the following matters:
1. Whether the person who incidentally trapped the animal has been convicted of any offence under the Endangered Species Act, 2007 or any offence in respect of trapping under the Fish and Wildlife Conservation Act, 1997.
2. The number of other occasions in the previous five years where reports were provided under clause (1) (d) by the person who incidentally trapped the animal.
3. The steps that the person who incidentally trapped the animal took to avoid trapping members of the species that the animal belongs to.
4. Other matters that the district manager of the Ministry considers relevant. O. Reg. 242/08, s. 14 (4).
(5) Clause 9 (1) (b) of the Act does not apply to the possession or transport of a dead animal by any person if, pursuant to subsection (3), the animal is not required to be surrendered to the district manager of the Ministry. O. Reg. 242/08, s. 14 (5).
Veterinarians
15. (1) Subclause 9 (1) (b) (i) of the Act does not apply to the possession or transport of an animal by a member of the College of Veterinarians of Ontario for the purpose of providing treatment to the animal. O. Reg. 242/08, s. 15 (1).
(2) Clause 9 (1) (a) of the Act does not apply to the killing of an animal by a member of the College of Veterinarians of Ontario, if the member is of the opinion that the animal should be euthanized. O. Reg. 242/08, s. 15 (2).
(3) Clause 9 (1) (b) of the Act does not apply to the possession or transport of an animal by any person, if the person possesses the animal for less than 24 hours for the purpose of transporting it to a member of the College of Veterinarians of Ontario for treatment. O. Reg. 242/08, s. 15 (3).
Rehabilitation or care — wildlife custodians
16. (1) Subclause 9 (1) (b) (i) of the Act does not apply to the possession or transport of game wildlife or specially protected wildlife by a wildlife custodian, if the wildlife custodian is authorized to keep the wildlife in captivity under section 44 of the Fish and Wildlife Conservation Act, 1997. O. Reg. 242/08, s. 16 (1).
(2) Clause 9 (1) (a) of the Act does not apply to the capturing or taking of game wildlife or specially protected wildlife by a wildlife custodian for the purpose of rehabilitating or caring for it, if the wildlife custodian is authorized to keep it in captivity under section 44 of the Fish and Wildlife Conservation Act, 1997. O. Reg. 242/08, s. 16 (2).
(3) Subclause 9 (1) (b) (i) of the Act does not apply to the possession and transport of game wildlife or specially protected wildlife by any person if the person possesses it for less than 24 hours for the purpose of transporting it, for the purpose of rehabilitation or care, to a wildlife custodian who is authorized to keep it in captivity under section 44 of the Fish and Wildlife Conservation Act, 1997. O. Reg. 242/08, s. 16 (3).
(4) Clause 9 (1) (a) of the Act does not apply to the killing of game wildlife or specially protected wildlife by a wildlife custodian, if the wildlife custodian is authorized to kill it under section 44 of the Fish and Wildlife Conservation Act, 1997. O. Reg. 242/08, s. 16 (4).
Rehabilitation or care — transfer to Ministry employees
17. Subclause 9 (1) (b) (i) of the Act does not apply to the possession and transport by any person of an animal that belongs to a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, if the person possesses the animal for less than 24 hours for the purpose of transporting it, for the purpose of rehabilitation or care, to a person employed in the Ministry. O. Reg. 242/08, s. 17.
Zoos
18. (1) Subject to subsection (2), with respect to any species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person acting under the authority of and in accordance with a licence to keep specially protected and game wildlife in a zoo under the Fish and Wildlife Conservation Act, 1997. O. Reg. 242/08, s. 18 (1).
(2) Subsection (1) does not authorize the purchase, sale, lease or trade of, or the offer to buy, sell, lease or trade,
(a) a dead member of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species; or
(b) any part of a dead member of a species referred to in clause (a). O. Reg. 242/08, s. 18 (2).
(3) Subsection (2) does not prevent the purchase, sale, lease or trade of gametes, or the offer to buy, sell, lease or trade gametes. O. Reg. 242/08, s. 18 (3).
(4) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who transports anything that, pursuant to subsection (1), the person is entitled to possess. O. Reg. 242/08, s. 18 (4).
(5) Clause 9 (1) (a) of the Act does not apply to the killing of an animal by an employee of a zoo if,
(a) the zoo possesses the animal under the authority of a licence to keep specially protected and game wildlife in a zoo under the Fish and Wildlife Conservation Act, 1997;
(b) the employee is of the opinion that the animal should be euthanized; and
(c) it is not reasonable in the circumstances to obtain the services of a member of the College of Veterinarians of Ontario to kill the animal. O. Reg. 242/08, s. 18 (5).
Falconry
19. (1) Subclause 9 (1) (b) (i) of the Act does not apply to a person in respect of a live falconry bird within the meaning of Part III of Ontario Regulation 668/98 (Wildlife in Captivity) made under the Fish and Wildlife Conservation Act, 1997, if,
(a) the person is acting under the authority of and in accordance with a general falconry licence, commercial falconry licence or apprentice falconry licence issued under that Act; and
(b) the person is acting in accordance with Ontario Regulation 668/98 (Wildlife in Captivity) made under the Fish and Wildlife Conservation Act, 1997. O. Reg. 242/08, s. 19 (1).
(2) If, pursuant to subsection (1), a person is entitled to possess a live falconry bird, clause 9 (1) (b) of the Act does not apply to the person with respect to the transport of the bird. O. Reg. 242/08, s. 19 (2).
Possession prior to listing, etc.
20. (1) With respect to any species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (b) of the Act does not apply in the following circumstances to the possession of anything described in subclause 9 (1) (b) (i), (ii) or (iii) of the Act:
1. The person who possesses the thing was lawfully in possession of the thing immediately before the species was first listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species.
2. The person who possesses the thing lawfully acquired it from a person who was entitled to possess it pursuant to paragraph 1 or this paragraph. O. Reg. 242/08, s. 20 (1).
(2) Clause 9 (1) (b) of the Act does not apply to the transport of a thing by any person if, pursuant to subsection (1), the person is entitled to possess it. O. Reg. 242/08, s. 20 (2).
(3) Subclause 9 (1) (b) (iii) of the Act does not apply to the purchase, sale, lease or trade of any artwork, jewellery, furniture or other crafted thing, or to the offer to purchase, sell, lease or trade any artwork, jewellery, furniture or other crafted thing, if,
(a) pursuant to subsection (1), a person is entitled to possess the artwork, jewellery, furniture or other crafted thing; and
(b) the market value of the artwork, jewellery, furniture or other crafted thing is primarily attributable to factors other than the fact that it is derived from a living or dead animal, plant or other organism. O. Reg. 242/08, s. 20 (3).
(4) Subsection (3) does not apply to anything that has been treated, stuffed or mounted, in whole or in part, by a taxidermist. O. Reg. 242/08, s. 20 (4).
Tanning or taxidermy
21. Clause 9 (1) (b) of the Act does not apply to the possession or transport by a tanner or taxidermist of a dead animal that, pursuant to this Regulation, a person is entitled to possess, if the person gives the dead animal to the tanner or taxidermist for the purpose of tanning, plucking, treating, stuffing or mounting it. O. Reg. 242/08, s. 21.
Transition — pits and quarries
22. (1) With respect to a species listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is operating a pit or quarry under the authority of a licence, wayside permit or aggregate permit under the Aggregate Resources Act, if,
(a) the land that is subject to the licence, wayside permit or aggregate permit was, on June 30, 2008, subject to a licence, wayside permit or aggregate permit under the Aggregate Resources Act; and
(b) the person has entered into an agreement with the Minister that complies with subsection (3), the agreement is in force and the person has complied with the agreement. O. Reg. 242/08, s. 22 (1).
(2) With respect to a species listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is operating a pit or quarry on land described in Schedule 4 to Ontario Regulation 244/97 (General) made under the Aggregate Resources Act if,
(a) an application was made to the Superior Court of Justice before June 30, 2008 under subsection 12.1 (3) of the Aggregate Resources Act with respect to the land on which the pit or quarry is operated and,
(i) the application has not been finally determined, or
(ii) the application has been finally determined, a judgment has been issued declaring that no zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries and,
(A) a licence has not yet been issued to the person under the Aggregate Resources Act, or
(B) a licence has been issued to the person under the Aggregate Resources Act and the person is operating the pit or quarry under the authority of the licence; and
(b) the person has entered into an agreement with the Minister that complies with subsection (3), the agreement is in force and the person has complied with the agreement. O. Reg. 242/08, s. 22 (2).
(3) An agreement referred to in clause (1) (b) or (2) (b) complies with this subsection if,
(a) the agreement was entered into before June 30, 2010;
(b) the agreement specifically provides that it applies to the species; and
(c) the agreement states that,
(i) the Minister is of the opinion that the agreement requires the person who operates the pit or quarry to take reasonable steps to minimize adverse effects on the species,
(ii) the Minister is of the opinion that, if the agreement is complied with, the operation of the pit or quarry will not jeopardize the survival or recovery of the species in Ontario, and
(iii) the Minister is of the opinion that the agreement does not conflict with the obligation of the Minister to ensure the implementation of any action under subsection 11 (9) of the Act. O. Reg. 242/08, s. 22 (3).
(4) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if,
(a) pursuant to subsection (1) or (2), clause 9 (1) (a) of the Act did not apply with respect to the member of the species; and
(b) the agreement referred to in subsection (1) or (2) is in force and the person who operates the pit or quarry has complied with the agreement. O. Reg. 242/08, s. 22 (4).
Transition — development and infrastructure
23. (1) This section applies to the following activities:
1. Construction or demolition of a building under the authority of a building permit that was issued before June 30, 2008 under section 8 of the Building Code Act, 1992.
2. Laying down highways and lots upon the ground within a draft plan of subdivision under the authority of subsection 51 (57) of the Planning Act, if the draft plan was approved before June 30, 2008.
3. Development of a lot, if,
i. the lot is within a draft plan of subdivision that was approved under the Planning Act before June 30, 2008,
ii. the plan of subdivision has not been registered under the Registry Act or Land Titles Act, and
iii. the development is not prohibited by any zoning by-law passed under subsection 34 (1) of the Planning Act or by any order made under section 47 of that Act.
4. Development of a lot, if,
i. the lot was created by a provisional consent that was given under section 53 of the Planning Act before June 30, 2008,
ii. the lot has not been registered under the Registry Act or Land Titles Act, and
iii. the development is not prohibited by any zoning by-law passed under subsection 34 (1) of the Planning Act or by any order made under section 47 of that Act.
5. Development in a site plan control area that is designated under subsection 41 (2) of the Planning Act, if an approval that applies to the development was obtained under subsection 41 (4) of that Act before June 30, 2008.
6. Development that is authorized by a development permit issued before June 30, 2008 under Ontario Regulation 608/06 (Development Permits) made under the Planning Act.
7. Development of a unit within the meaning of the Condominium Act, 1998, if,
i. the unit is within a draft declaration and description that were approved pursuant to subsection 9 (2) of the Condominium Act, 1998 before June 30, 2008,
ii. the declaration and description have not been registered under the Land Titles Act, and
iii. the development is not prohibited by any zoning by-law passed under subsection 34 (1) of the Planning Act or by any order made under section 47 of that Act.
8. Development that is authorized by a development permit issued before June 30, 2008 under By-law 2004-180 of the Township of Lake of Bays, including any amendments made to the by-law before that day.
9. Carrying out an undertaking, if approval to proceed with the undertaking was given under Part II of the Environmental Assessment Act before June 30, 2008.
10. Carrying out an undertaking, if proceeding with the undertaking was authorized before June 30, 2008 under,
i. the Class Environmental Assessment Process for Management Board Secretariat and Ontario Realty Corporation that was approved under the Environmental Assessment Act on April 28, 2004,
ii. the Class Environmental Assessment for Minor Transmission Facilities that was approved under the Environmental Assessment Act on April 23, 1992,
iii. the Class Environmental Assessment for Modifications to Hydroelectric Facilities that was approved under the Environmental Assessment Act on August 19, 1993, as extended on August 5, 1998, August 15, 2000, August 19, 2003 and August 8, 2005.
iv. the Class Environmental Assessment for Provincial Transportation Facilities approved under the Environmental Assessment Act on October 6, 1999 and amended on July 14, 2000,
v. the Class Environmental Assessment for Remedial Flood and Erosion Control Projects by Conservation Authorities that was approved under the Environmental Assessment Act on June 26, 2002,
vi. the GO Transit Class Environmental Assessment Document that was approved under the Environmental Assessment Act on December 13, 1995 and amended on August 8, 2005, or
vii. the Municipal Class Environmental Assessment approved under the Environmental Assessment Act on October 4, 2000 and amended on September 6, 2007.
11. Carrying out an undertaking, if proceeding with the undertaking was authorized before June 30, 2008 under,
i. Ontario Regulation 116/01 (Electricity Projects) made under the Environmental Assessment Act, or
ii. Ontario Regulation 101/07 (Waste Management Projects) made under the Environmental Assessment Act.
12. Carrying out the undertaking described in the order made under section 3.2 of the Environmental Assessment Act and approved by Order in Council 2174/99 on December 8, 1999 with respect to hydroelectric facilities on the Mattagami River.
13. Constructing a hydrocarbon line or station under the authority of an order made under Part VI of the Ontario Energy Board Act, 1998 before June 30, 2008.
14. Constructing, improving or maintaining drainage works, if an agreement for the construction, improvement or maintenance was filed under subsection 2 (2) of the Drainage Act before June 30, 2008.
15. Constructing, improving, maintaining or repairing drainage works, if a report that applies to the drainage works was adopted under subsection 3 (15) or 45 (1) of the Drainage Act before June 30, 2008.
16. Maintaining a ditch constructed under The Ditches and Watercourses Act, being chapter 109 of the Revised Statutes of Ontario, 1960, in accordance with subsection 3 (18) of the Drainage Act. O. Reg. 242/08, s. 23 (1).
(2) With respect to a species listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is engaging in an activity described in subsection (1), if the person has entered into an agreement with the Minister that complies with subsection (3), the agreement is in force and the person has complied with the agreement. O. Reg. 242/08, s. 23 (2).
(3) An agreement referred to in subsection (2) complies with this subsection if,
(a) the agreement was entered into before June 30, 2010;
(b) the agreement specifically provides that it applies to the species; and
(c) the agreement states that,
(i) the Minister is of the opinion that the agreement requires the person who engages in the activity to take reasonable steps to minimize adverse effects on the species,
(ii) the Minister is of the opinion that, if the agreement is complied with, the activity will not jeopardize the survival or recovery of the species in Ontario, and
(iii) the Minister is of the opinion that the agreement does not conflict with the obligation of the Minister to ensure the implementation of any action under subsection 11 (9) of the Act. O. Reg. 242/08, s. 23 (3).
(4) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if,
(a) pursuant to subsection (2), clause 9 (1) (a) of the Act did not apply with respect to the member of the species; and
(b) the agreement referred to in subsection (2) is in force and the person who engages in the activity described in subsection (1) has complied with the agreement. O. Reg. 242/08, s. 23 (4).
(5) Despite subsection (2), with respect to a species listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply during the period from June 30, 2008 to September 30, 2008 to a person who is,
(a) maintaining drainage works, if an agreement for the maintenance was filed under subsection 2 (2) of the Drainage Act before June 30, 2008;
(b) maintaining or repairing drainage works, if a report that applies to the drainage works was adopted under subsection 3 (15) or 45 (1) of the Drainage Act before June 30, 2008; or
(c) maintaining a ditch constructed under The Ditches and Watercourses Act, being chapter 109 of the Revised Statutes of Ontario, 1960, in accordance with subsection 3 (18) of the Drainage Act. O. Reg. 242/08, s. 23 (5).
(6) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if, pursuant to subsection (5), clause 9 (1) (a) of the Act did not apply with respect to the member of the species. O. Reg. 242/08, s. 23 (6).
(7) This section does not apply to the operation of a hydro-electric generating station. O. Reg. 242/08, s. 23 (7).
Transition — forest operations in Crown forests
24. (1) With respect to any species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who conducts forest operations under the authority of a forest resource licence granted under the Crown Forest Sustainability Act, 1994, if,
(a) the applicable forest management plan includes an operational prescription for an area of concern that specifically applies to the species and the forest operations are conducted in accordance with the prescription;
(b) the applicable forest management plan does not include an operational prescription for an area of concern that specifically applies to the species, but the plan includes a management objective that specifically applies to the habitat of the species and the forest operations are conducted in accordance with provisions of the plan that specifically apply to that habitat; or
(c) the applicable forest management plan does not include an operational prescription for an area of concern that specifically applies to the species or a management objective that specifically applies to the habitat of the species, but the forest operations are conducted in accordance with an operational prescription for an area of concern that specifically applies to the species and that is not included in the plan, and the holder of the licence has asked the Minister to amend the plan to include the prescription. O. Reg. 242/08, s. 24 (1).
(2) This section is revoked on June 30, 2009. O. Reg. 242/08, s. 24 (2).
25. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 242/08, s. 25.