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Endangered Species Act
Loi sur les espèces en voie de disparition

R.R.O. 1990, REGULATION 328


Note: This Regulation was revoked on June 30, 2008. See: O. Reg. 243/08, ss. 1, 2.

Last amendment: O. Reg. 243/08.

This Regulation is made in English only.

1. The species of fauna listed in Schedule 1 are declared to be threatened with extinction. R.R.O. 1990, Reg. 328, s. 1.

2. The species of flora listed in Schedule 2 are declared to be threatened with extinction. R.R.O. 1990, Reg. 328, s. 2.


1. Coluber constrictor foxi Baird and Girard commonly known as Blue Racer.

2. Crotalus horridus horridus Linnaeus commonly known as Timber Rattlesnake.

3. Haliaeetus leucocephalus alascanus Townsend commonly known as Bald Eagle in the following geographic areas as these areas are described in Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made under the Territorial Division Act, 2002:

i. Brant, Bruce, Chatham-Kent, Dufferin, Durham, Elgin, Essex, Frontenac, Grey, Haldimand, Haliburton, Halton, Hamilton, Hastings, Huron, Kawartha Lakes, Lambton, Lanark, Leeds and Grenville, Lennox and Addington, Middlesex, Muskoka, Niagara, Nipissing (south of the Mattawa River), Norfolk, Northumberland, Ottawa, Oxford, Parry Sound, Peel, Perth, Peterborough, Prescott and Russell, Prince Edward, Renfrew, Simcoe, Stormont, Dundas and Glengarry, Toronto, Waterloo, Wellington and York.

4. Revoked: O. Reg. 321/06, s. 1.

5. Nerodia sipedon insularum Conant and Clay commonly known as Lake Erie Water Snake.

6. Charadrius melodus Ord commonly known as Piping Plover.

7. Numenius borealis Forster commonly known as Eskimo Curlew.

8. Aquila chrysatos Linnaeus commonly known as Golden Eagle.

9. Pelecanus erythrorhynchos Gmelin commonly known as White Pelican.

10. Felis concolor couguar Kerr commonly known as Mountain Lion or Eastern Cougar.

11. Dendroica kirtlandii Baird commonly known as Kirtland’s Warbler.

12. Lycaeides melissa samuelis Nabokov, commonly known as Karner Blue Butterfly.

13. Callophrys (I.) irus (Godart) commonly known as Frosted Elfin.

14. Acris crepitans blanchardi commonly known as Blanchard’s Cricket Frog.

15. Lanius ludovicianus commonly known as Loggerhead Shrike.

16. Ammodramus henslowii commonly known as Henslow’s Sparrow.

17. Protonotaria citrea commonly known as Prothonotary Warbler.

18. Rallus elegans commonly known as King Rail.

19. Desmognathus fuscus (Green) commonly known as Northern Dusky Salamander.

R.R.O. 1990, Reg. 328, Sched. 1; O. Reg. 316/92, s. 1; O. Reg. 670/92, s. 1; O. Reg. 325/94, s. 1; O. Reg. 532/99, s. 1; O. Reg. 57/03, s. 1; O. Reg. 321/06, s. 1.


1. Cypripdium candidum Muhl commonly known as Small White Lady’s-slipper orchid.

2. Isotria medeoloides (Pursh) Raf. commonly known as Small Whorled Pogonia.

3. Isotria verticillata (Muhl. ex. Willd.) Raf. commonly known as Large Whorled Pogonia.

4. Magnolia acuminata (L.) L. commonly known as Cucumber Tree.

5. Opuntia humifusa (Rafinesque) Rafinesque commonly known as Prickly Pear Cactus in the following locations:

i. Fish Point Provincial Nature Reserve on Pelee Island in the Township of Pelee,

ii. Point Pelee National Park in the Township of Mersea.

6. Plantago cordata Lamarck commonly known as Heart-leaved Plantain.

7. Stylophorum diphyllum commonly known as Wood Poppy.

8. Pycnanthemum incanum commonly known as Hoary Mountain Mint.

9. Lespedeza virginica (L.) Britton, commonly known as Slender Bush Clover in the following locations:

i. Tallgrass Prairie Heritage Park, Ojibway Park and Black Oak Heritage Park in the City of Windsor (formerly geographic Township of West Sandwich), horticultural garden specimens excluded.

10. Eleocharis equisetoides (Elliott) Torr., commonly known as Horsetail Spike-rush in the following location:

i. Long Point National Wildlife Area in the Township of Norfolk (formerly geographic Township of South Walsingham).

11. Trichophorum planifolium (Sprengel) Palla (=Scirpus verecundus Fernald) commonly known as Few-flowered Club-rush or Shy Bulrush in the following locations:

i. Royal Botanical Gardens in the City of Hamilton (formerly geographic Township of Ancaster) and in the Town of Dundas (formerly geographic Township of West Flamborough),

ii. City of Pickering (formerly geographic Township of Pickering), Lot 32, ranges 2 and 3.

12. Woodsia obtusa (Sprengel) Torr. commonly known as Blunt-lobed Woodsia.

13. Polygala incarnata L. commonly known as Pink Milkwort in all locations except on Walpole Island First Nation in Lambton County.

14. Chimaphila maculata (L.) Pursch commonly known as Spotted Wintergreen.

15. Trillium flexipes Raf. commonly known as Drooping Trillium.

16. Carex juniperorum Catling, Reznicek & Crins commonly known as Juniper Sedge.

17. Triphora trianthophora (Sw.) Rydb. commonly known as Nodding Pogonia.

18. Carex lupuliformis Sartwell ex Dewey commonly known as False Hop Sedge.

19. Agalinis skinneriana (Wood) Britt. commonly known as Skinner’s Agalinis in all locations except on Walpole Island First Nation in Lambton County.

20. Tephrosia virginiana (L.) Pers. commonly known as Virginia Goat’s-rue.

21. Symphyotrichum sericeum (Vent.) Nesom commonly known as Western Silvery Aster.

22. Viola pedata L. commonly known as Bird’s-foot Violet.

23. Morus rubra L. commonly known as Red Mulberry.

24. Bryoandersonia illecebra (Hedw.) Robinson commonly known as Spoon-leaved Moss.

R.R.O. 1990, Reg. 328, Sched. 2; O. Reg. 325/94, s. 2; O. Reg. 90/01, s. 1; O. Reg. 57/03, s. 2; O. Reg. 58/03, s. 1; O. Reg. 94/04, s. 1; O. Reg. 601/05, s. 1.