O. Reg. 651/21: AGENCYSkip to content
|current||September 16, 2021 – (e-Laws currency date)|
Endangered Species Act, 2007
Consolidation Period: From September 16, 2021 to the e-Laws currency date.
This is the English version of a bilingual regulation.
Establishment of Agency
1. (1) For the purposes of subsection 20.4 (1) of the Act, a corporation without share capital is hereby established under the name Species at Risk Conservation Trust in English and Fiducie pour la conservation des espèces en péril in French.
(2) The members of the Agency consist of the members of the board of directors of the Agency.
Application of the Business Corporations Act
2. Section 132 (disclosure: conflict of interest), subsection 134 (1) (standards of care, etc., of directors, etc.) and section 136 (indemnification) of the Business Corporations Act apply, with necessary modifications, to the Agency and its directors.
Composition of board, etc.
3. (1) The board of directors of the Agency shall be appointed by the Lieutenant Governor in Council.
(2) The board shall consist of at least three but not more than five members.
(3) In appointing individuals to the board, the Lieutenant Governor in Council shall, to the extent possible, ensure that a majority of members have applied knowledge of, and expertise with, concepts and techniques related to the protection and recovery of species at risk.
(4) In appointing individuals to the board, the Lieutenant Governor in Council shall, to the extent possible, ensure that the members, between them, have experience and expertise in the following areas:
1. Scientific or other knowledge relevant to the protection and recovery of species at risk, including conservation biology, ecology and relevant community knowledge.
2. Aboriginal traditional knowledge.
3. Corporate governance, including financial management, risk management, strategic planning or outcomes-based reporting.
4. One or more of,
i. building strategic partnerships in the area of conservation management, or
ii. delivering funding programs.
(5) In appointing individuals to the board, the Lieutenant Governor in Council shall, to the extent possible, ensure that a person who has experience and expertise in at least one of the areas described in paragraphs 1 to 4 of subsection (4) and who identifies as an Indigenous person is appointed to the board.
(6) The Lieutenant Governor in Council shall designate a chair and one or two vice-chairs from among the members of the board.
(7) If the chair is absent or unable to act, or if the office of the chair is vacant, a vice-chair shall act as the chair.
(8) If the chair and all vice-chairs are absent or unable to act, or if the offices of chair and vice-chair are vacant, a director designated by the board shall act as the chair.
(9) A majority of the members, or such higher proportion of the members as the by-laws of the Agency provide, constitutes a quorum of the board.
(10) In this section,
“Indigenous peoples” includes the First Nations, Inuit and Métis peoples within Canada; (“peuples autochtones”)
“Indigenous person” means an individual who forms part of the Indigenous peoples. (“Autochtone”)
Powers, duties of board
4. (1) The board shall manage and control affairs of the Agency.
(2) The board may pass by-laws and resolutions for conducting and managing the affairs of the Agency, including for,
(a) appointing officers and assigning to them such powers and duties as the board considers appropriate;
(b) maintaining accounts and making other arrangements with a financial institution; and
(c) establishing committees.
Chief executive officer
5. (1) The board shall appoint a chief executive officer.
(2) The chief executive officer is responsible for the operation of the Agency, subject to the supervision and direction of the board.
6. The Agency’s fiscal year begins on April 1 in each year and ends on March 31 in the following year.
Limitation on powers relating to real property
7. The Agency shall not acquire, hold or dispose of any interest in real property, except for renting office space, without the approval of the Lieutenant Governor in Council.
Duty to maintain website with certain information
8. It is a duty of the Agency to maintain a website that makes the following information available to the public:
1. A list of the members of the board of directors.
2. Each funding plan prepared or revised under section 9.
3. Any information required, under the Act or under the operating agreement, to be made available on a website maintained by the Agency.
9. (1) It is a duty of the Agency to prepare a funding plan for each conservation fund species in accordance with this section.
(2) Each funding plan for a species shall be published on the Agency’s website before any funds are spent for activities that protect or recover, or support the protection or recovery of, the conservation fund species that is the subject of the funding plan.
(3) Each funding plan for a species shall be submitted to the Minister at least 30 days before the plan is published on the Agency’s website.
(4) In preparing a funding plan for a species, the Agency shall take into account the funds available or expected to be available to the Agency.
(5) Each funding plan for a species shall set out,
(a) the Agency’s funding priorities related to the applicable eligibility requirements listed in subclauses 20.7 (1) (b) (i) to (iv) of the Act;
(b) the type of activities the Agency plans to prioritize, including any geographic priority areas; and
(c) any other priorities that the Agency plans to consider in making its funding decisions.
(6) A funding plan for a species shall be consistent with,
(a) any government response statement published under section 12.1 of the Act, unless subclause 20.7 (2) (b) (ii) of the Act applies;
(b) any relevant guidelines established under section 20.8 of the Act; and
(c) any direction issued under section 20.9 of the Act.
(7) The Agency shall take all reasonable steps to comply with a funding plan for a species.
(8) The Agency shall prepare a revised funding plan for a species from time to time as the Agency considers advisable and in accordance with any recommendations included in the Agency’s most recent five-year report under subsection 20.16 (4) of the Act.
(9) This section applies, with necessary modifications, to a revised funding plan referred to in subsection (8).
Payments out of the Fund
10. If the Agency receives a species conservation charge and deposits the money into the Fund, the Agency shall ensure a reasonable portion of the money is paid out of the Fund in respect of the species that was the subject of the species conservation charge within a reasonable amount of time after the money is received.
Activities that are not eligible to receive funding
11. An activity described in subsection 20.7 (1) of the Act is prescribed for the purposes of subsection 20.7 (4) of the Act as an activity that is not eligible to receive funding from the Fund if,
(a) the activity is an educational or outreach activity;
(b) the activity does not benefit a conservation fund species in Ontario or its habitat in Ontario; or
(c) the activity is required to be carried out in connection with another activity and the primary purpose of the other activity does not involve the protection or recovery of a conservation fund species.
12. Omitted (provides for coming into force of provisions of this Regulation).