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Invasive Species Act, 2015

ONTARIO REGULATION 354/16

GENERAL

Consolidation Period:  From November 3, 2016 to the e-Laws currency date.

No amendments.

Legislative History: CTS 03 NO 16 - 1.

This is the English version of a bilingual regulation.

Invasive Species to Which the Act Applies

Prescribed invasive species

1. The species listed in Tables 1, 2, 3 and 4 are prescribed as invasive species to which the Act applies for the purposes of subsection 4 (1) of the Act.

Prohibited invasive species

2. (1) The species of invertebrates listed in Table 1 are classified as prohibited invasive species for the purposes of the Act.

(2) The species of plants listed in Table 2 are classified as prohibited invasive species for the purposes of the Act.

(3) The species of fish listed in Table 3 are classified as prohibited invasive species for the purposes of the Act.

Restricted invasive species

3. The species of plants listed in Table 4 are classified as restricted invasive species for the purposes of the Act.

Additional Prohibited Activities with respect to Restricted Invasive Species

Prohibited activities, restricted invasive species

4. The following activities are prohibited for the purposes of subsection 8 (3) of the Act:

1. Bringing a member of a restricted invasive species into Ontario or causing it to be brought into Ontario except in the circumstances described in section 5 and in subsection 8 (1).

2. Possessing or transporting a member of a restricted invasive species in a provincial park or conservation reserve except in the circumstances described in section 5 and subsection 8 (1).

3. Propagating members of a restricted invasive species.

4. Buying, selling, leasing or trading or offering to buy, sell, lease or trade a member of a restricted invasive species.

Exemptions

Emergencies

5. A police officer, a firefighter or any other person who carries out emergency response, firefighting or search and rescue operations is exempt from clauses 7 (a), (b) and (c) and subsection 8 (1) of the Act and from paragraphs 1 and 2 of section 4 if the actions that would otherwise be prohibited under those provisions occur while carrying out an emergency response, firefighting or search and rescue operation.

Fishing - incidental catch

6. A person who catches a member of a prohibited invasive species while fishing is exempt from clauses 7 (b) and (c) of the Act with respect to the member of that species, whether a fish or other type of species, if the following conditions are met:

1. The person holds,

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).

2. The person catches the member of the species incidentally while fishing in accordance with his or her licence and in accordance with,

i. Ontario Fishery Regulations, 2007, in the case of a person who holds a licence referred to in subparagraph 1 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 who holds a licence referred to in subparagraph 1iii.

3. The person takes immediate measures to ensure that the member of the species is destroyed and that no part of the member is capable of reproducing or of propagating the species.

Operation of boat - incidental possession or transportation

7. A person who operates a boat in a body of water is exempt from clauses 7 (b) and (c) of the Act with respect to any water soldier or European water chestnut that attaches to the boat if the following conditions exist:

1. The person possesses or transports the water soldier or European water chestnut incidentally and solely as a result of the operation of the boat.

2. In the case of a boat that is removed from a body of water in which water soldier or European water chestnut is present, the person removes any members of the species from the boat before transporting the boat overland and disposes of them in a manner that ensures that the members do not re-enter the body of water or enter into any other body of water.

3. If water soldier or European water chestnut is present only in a part of a body of water, the person takes reasonable precautions while operating the boat in the body of water to avoid transporting water soldier or European water chestnut outside that part of the water body and depositing or releasing the species in other parts of the body of water.

Preserved specimens

8. (1) Clauses 7 (a) and (c) of the Act do not apply with respect to a member of a prohibited invasive species, and paragraphs 1 and 2 of section 4 do not apply with respect to a member of a restricted invasive species, if,

(a) the member is dead;

(b) the member has been preserved using as the primary method of preservation a method other than refrigeration or freezing; and

(c) the method of preservation ensures that the species cannot be propagated or reproduced.

(2) In this section,

“preserved” means treated or prepared in a manner to prevent decay or decomposition.

Dead and eviscerated fish

9. (1) Clauses 7 (a), (b), (c) and (e) of the Act to not apply with respect to a member of prohibited invasive species that is a fish identified in subsection (2) if it is dead and eviscerated.

(2) Subsection (1) applies with respect to the following prohibited invasive species:

1. Bighead Carp.

2. Black Carp.

3. Grass Carp.

4. Silver Carp.

5. Snakehead, all species in the Snakehead family.

6. Zander.

Scientific, educational or species control activities

10. A person who brings a member of a prohibited invasive species into Ontario or causes it to be brought into Ontario for scientific, educational or invasive species control purposes or who possesses or transports the member for such a purpose is exempt from clauses 7 (a) and (c) of the Act if,

(a) the species is an aquatic invasive species within the meaning of the Aquatic Invasive Species Regulations made under the Fisheries Act (Canada);

(b) the person is licensed under subsection 6 (2) of the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada) to possess and transport the species for scientific, educational or invasive species control purposes; and

(c) the person is acting in compliance with the conditions of the licence referred to in clause (b).

Deposit, release of restricted invasive species

11. A person who deposits or releases a member of a restricted invasive species in an area outside of a provincial park or conservation reserve is exempt from clause 8 (1) (b) of the Act if the person does so in the course of carrying out any of the following activities:

1. Activities to control or manage the species.

2. Commercial, agricultural, maintenance or other activities the purpose of which is not to deposit or release the species.

12. Omitted (provides for coming into force of provisions of this Regulation).

Table 1
Prohibited Invasive species - invertebrates

Item

Common Name

Scientific Name

1.

Common Yabby

Cherax destructor

2.

Golden Mussel

Limnoperna fortunei

3.

Killer Shrimp

Dikerogammarus villosus

 

table 2
prohibited invasive species - plants

Item

Common Name

Scientific Name

1.

Brazilian Elodea

Egeria densa

2.

European Water Chestnut

Trapa natans

3.

Hydrilla

Hydrilla verticillata

4.

Parrot Feather

Myriophyllum aquaticum

5.

Water Soldier

Stratiotes aloides

 

table 3
Prohibited invasive species - Fish

Item

Common Name

Scientific Name

1.

Bighead Carp

Hypophthalmichthys nobilis

2.

Black Carp

Mylopharyngodon piceus

3.

Grass Carp

Ctenopharyngodon idella

4.

Silver Carp

Hypophthalmichthys molitrix

5.

Snakehead, all species in the Snakehead family

All species in the family Channidae

6.

Stone Moroko

Pseudorasbora parva

7.

Wels Catfish

Silurus glanis

8.

Zander

Sander lucioperca

 

table 4
restricted invasive species - plants

Item

Common Name

Scientific Name

1.

Black Dog-strangling Vine

Cynanchum louiseae

2.

Dog-strangling Vine

Cynanchum rossicum

3.

Japanese Knotweed

Reynoutria japonica var. japonica

4.

Phragmites

Phragmites australis subsp. australis

 

 

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