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ontario regulation 197/11

made under the

Endangered Species Act, 2007

Made: June 1, 2011
Filed: June 3, 2011
Published on e-Laws: June 7, 2011
Printed in The Ontario Gazette: June 18, 2011

Amending O. Reg. 242/08


1. The French version of subsection 2 (2) of Ontario Regulation 242/08 is amended by striking out “que le 30 juin 2009” in the portion before clause (a) and substituting “qu’à compter du 30 juin 2009”.

2. (1) The Regulation is amended by adding the following section:


4.1 (1) Clause 9 (1) (a) of the Act does not apply to a person who kills, harms or harasses a bobolink while carrying out an agricultural operation.

(2) Clause 9 (1) (b) of the Act does not apply to the possession or transport of a bobolink if, pursuant to subsection (1), clause 9 (1) (a) did not apply to the killing or harming of the bobolink.

(3) Subsection 10 (1) of the Act does not apply to a person who damages or destroys the habitat of a bobolink while carrying out an agricultural operation if the area of habitat damaged or destroyed remains suitable for an agricultural operation.

(4) In this section,

“agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is carried on in the expectation of gain or reward and includes,

(a) draining, irrigating or cultivating land,

(b) growing, producing or raising farm animals,

(c) the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass,

(d) the production of eggs, cream and milk,

(e) the operation of agricultural machinery and equipment,

(f) ground and aerial spraying,

(g) the management of materials containing nutrients for farm purposes,

(h) the processing by a farmer of the products produced primarily from the farmer’s agricultural operation, and

(i) activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles for the purposes of the agricultural operation.

(2) Section 4.1 of the Regulation, as made by subsection (1), is revoked.

3. The French version of subsection 11 (2) of the Regulation is amended by striking out “qu’au troisième anniversaire” in the portion before paragraph 1 and substituting “avant le troisième anniversaire”.


4. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsection 2 (2) comes into force on October 31, 2014.