O. Reg. 323/13: GENERAL

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ONTARIO REGULATION 323/13

made under the

ENDANGERED SPECIES ACT, 2007

Made: December 11, 2013
Filed: December 13, 2013
Published on e-Laws: December 13, 2013
Printed in The Ontario Gazette: December 28, 2013

Amending O. Reg. 242/08

(GENERAL)

1. Subsection 1 (1) of Ontario Regulation 242/08 is amended by adding the following definition:

“land classification system for southern Ontario” means the land classification system set out in the document entitled Ecological Land Classification for Southern Ontario: First Approximation and its Application, dated September, 1998 and published by the Ontario Ministry of Natural Resources; (“système de classification écologique des terres du Sud de l’Ontario”)

2. Subsection 2 (2) of the Regulation is revoked.

3. Clause 23.5 (7) (b) of the Regulation is amended by striking out “500 metres” and substituting “200 metres”.

4. Subparagraph 9 iv of subsection 23.7 (10) of the Regulation is amended by striking out “15 metres” at the beginning and substituting “five metres”.

5. Subsection 23.11 (3) of the Regulation is revoked.

6. Subparagraph 1 ii of subsection 23.20 (11) of the Regulation is amended by striking out “reducing” at the beginning and substituting “adjusting”.

7. Subsection 24.1.1 (4) of the Regulation is revoked.

8. The Regulation is amended by adding the following section:

Bogbean buckmoth habitat

24.1.1.1 (1) For the purposes of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic townships are prescribed as the habitat of bogbean buckmoth:

1. The geographic Townships of Goulbourn and Marlborough, within the City of Ottawa.

2. The geographic Township of McNab, within the County of Renfrew.

3. The geographic Township of Pakenham, within the County of Lanark.

(2) Subsection (1) applies to the following areas:

1. An area that belongs to a community class identified as a fen under the land classification system for southern Ontario and that,

i. is being used by a bogbean buckmoth or is a fen on which a bogbean buckmoth depends to carry on its life processes, or

ii. was used by a bogbean buckmoth at any time during the previous three years and provides suitable conditions for a bogbean buckmoth to carry on its life processes.

2. Any area within 120 metres of an area described in paragraph 1.

9. Subsection 24.1.2 (4) of the Regulation is revoked.

10. Paragraph 2 of subsection 24.2 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

2. An area populated by a vegetation type referred to in the land classification system for southern Ontario if,

11. The Regulation is amended by adding the following sections:

Four-leaved milkweed habitat

27.0.1 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic areas and parts of geographic areas are prescribed as the habitat of four-leaved milkweed:

1. The geographic area of Prince Edward.

2. The parts of the geographic area of Hastings composed of the single-tier municipality of Belleville and the lower-tier municipality of Tyendinaga.

3. The part of the geographic area of Lennox and Addington composed of the lower-tier municipality of Greater Napanee.

4. The parts of the geographic area of Niagara composed of the lower-tier municipalities of Niagara Falls and Niagara-on-the-Lake.

(2) Subsection (1) applies to the following areas:

1. An area where a four-leaved milkweed exists or existed at any time in the previous six years.

2. Any area within 50 metres of an area described in paragraph 1.

3. Any area that is beyond 50 metres of an area described in paragraph 1 but within 200 metres of that area if the area is suitable for natural colonization by four-leaved milkweed such as a treed alvar, woodland, cultural meadow, thicket, young deciduous forest or similar area.

Fowler’s toad habitat

27.0.2 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic areas are prescribed as the habitat of fowler’s toad:

1. The geographic Township of Bayham within Elgin county.

2. The geographic Townships of Harwich and Howard within the Municipality of Chatham-Kent.

3. The geographic Townships of Bertie, Humberstone and Wainfleet within the Regional Municipality of Niagara.

4. The geographic Townships of Charlotteville, Houghton and Walsingham within Norfolk County.

5. The geographic Townships of Cayuga, Dunn, Moulton, Rainham and Sherbrooke within Haldimand County.

(2) Subsection (1) applies to the following areas:

1. Any part of a wetland, pond or other body of water, including a vernal or other temporary pool, that is being used, or was used at any time in the previous five years, by a Fowler’s toad for breeding, egg laying or tadpole development.

2. Any area within 30 metres of an area described in paragraph 1.

3. An area that is being used, or was used at any time in the previous five years, by a Fowler’s toad as a hibernation site or for any purpose other than migration or dispersal.

4. Any of the following types of areas near Lake Erie that fall within a surrounding zone described in subsection (3):

i. a sand or pebble beach that is open or populated by shrubs or trees,

ii. a sand dune or sand barren that is open or populated by shrubs or trees,

iii. a marsh or a pond, pool or other body of water, including vernal or other temporary pools, or

iv. a rock shoal.

5. An area that is being used, or was used at any time in the previous five years, by a Fowler’s toad to migrate between two or more areas described in paragraphs 1, 3 or 4 if,

i. the areas are within one kilometre of each other, and

ii. the areas belong to a community series identified in the land classification system for southern Ontario.

6. An area situated between two areas described in paragraph 4, whether or not the two areas are within the same surrounding zone, if,

i. the two areas are within one kilometre of each other, as measured along the water’s edge of Lake Erie, and

ii. the area provides suitable conditions for Fowler’s toad to disperse from one of the two areas to the other.

(3) A surrounding zone referred to in paragraph 4 of subsection (2) is a zone that is in the shape of an approximate square or rectangle and that surrounds a habitat area described in paragraph 1 or 3 of subsection (2) near Lake Erie. The limits of the surrounding zone are determined as follows:

1. Trace two lines beginning from the outer edges of a habitat area described in paragraph 1 or 3 of subsection (2) and extending in both directions parallel to the water’s edge for 150 metres to reach either side of the square or rectangle.

2. Then, changing direction and beginning at the end of both lines traced under paragraph 1, trace two lines towards the water’s edge of Lake Erie until it is reached on both sides of the square or rectangle.

3. The water’s edge of Lake Erie between the two lines traced under paragraph 2 forms the bottom line of the square or rectangle.

4. The top line of the square or rectangle is parallel to the bottom line and runs between the two side lines of the square or rectangle determined under paragraph 2, and is situated at a distance from the bottom line determined by extending the two side lines above the high water mark of Lake Erie to a distance of,

i. 700 metres, in the case of a surrounding zone situated in the geographic township of Walsingham within Norfolk County, or

ii. 300 metres, in any other case.

. . . . .

Laura’s clubtail habitat

28.0.0.1 (1) For the purposes of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic areas or parts of geographic areas are prescribed as the habitat of Laura’s clubtail:

1. The geographic areas of Brant and Norfolk.

2. The parts of the geographic area of Elgin composed of the lower-tier municipalities of Bayham and Malahide.

3. The parts of the geographic area of Oxford composed of the lower-tier municipalities of Norwich, South-West Oxford and Tilsonburg.

(2) Subsection (1) applies to the following areas:

1. Any part of a river, stream or other body of water, up to the high water mark, that is being used by a Laura’s clubtail or on which a Laura’s clubtail directly depends in order to carry on its life processes.

2. Any part of a river, stream or other body of water, up to the high water mark, that was used by a Laura’s clubtail at any time during the previous 5 years and that provides suitable conditions for a Laura’s clubtail to carry on its life processes.

3. An area within 200 metres of a high water mark referred to in paragraph 1 or 2 that is populated by a vegetation type referred to in the land classification system for southern Ontario if the vegetation type occurs naturally in Ontario.

12. (1) Subsection 28.2 (1) of the Regulation is revoked and the following substituted:

(1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic areas, parts of geographic areas and provincial park are prescribed as the habitat of pale-bellied frost lichen:

1. Algonquin Provincial Park.

2. The geographic areas of Haliburton, Hastings, Lanark, Lennox and Addington, Peterborough and Renfrew.

3. The parts of the geographic area of Frontenac composed of the lower-tier municipalities of Central Frontenac, North Frontenac and South Frontenac.

4. The parts of the geographic area of Leeds and Grenville composed of the lower-tier municipalities of Athens, Elizabethtown-Kitley, Merrickville-Wolford and Rideau Lakes.

5. The parts of the geographic area of Nipissing composed of the lower-tier municipality of South Algonquin.

(2) Subsection 28.2 (3) of the Regulation is revoked.

13. The Regulation is amended by adding the following sections:

Queensnake habitat

29. (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the geographic areas of Brant, Bruce, Chatham-Kent, Essex, Haldimand, Huron, Lambton, Oxford, Middlesex, Norfolk and Waterloo are prescribed as the habitat of queensnake.

(2) Subsection (1) applies to the following areas:

1. A queensnake hibernaculum.

2. All areas within 50 metres of an area described in paragraph 1.

3. Any part of a river, stream or other body of water or marsh that is below the high water mark and that,

i. is being used, or has been used at any time in the previous five years, by a queensnake,

ii. is within 250 metres of an area described in subparagraph i, or

iii. is situated between two or more areas described in subparagraph ii that are within 500 metres of each other and provides suitable conditions for dispersal of queensnake.

4. The area adjacent to the part of a river, stream or other body of water or marsh described in subparagraph 3 i or ii and within 30 metres above the relevant high water mark.

5. The area adjacent to the part of a river, stream or other body of water or marsh described in subparagraph 3 iii and within five metres above the relevant high water mark.

. . . . .

Rusty-patched bumble bee habitat

29.1.1 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located south of 45°30’0” north latitude are prescribed as the habitat of the rusty-patched bumble bee.

(2) Subject to subsection (3), subsection (1) applies to the following areas:

1. An area that is being used by a rusty-patched bumble bee as a nesting or hibernation site.

2. All areas within 30 metres of the area described in paragraph 1.

3. Any area that is part of a prairie, savannah, woodland, marsh, bog, forest, sand dune, old field or similar area that,

i. is being used by a rusty-patched bumble bee for any purpose, or was used by a rusty-patched bumble bee for any purpose at any time in the previous five years,

ii. is within 500 metres of an area described in subparagraph i and provides suitable foraging conditions for a rusty-patched bumble bee,

iii. is beyond the area described in subparagraph ii but within 1000 metres of an area described in subparagraph i and provides suitable foraging conditions for a rusty-patched bumble bee during the period from April 1 to May 31 of any given year,

iv. is within 500 metres of an area described in subparagraph ii and contiguous to that area and provides suitable foraging conditions for a rusty-patched bumble bee.

(3) Subsection (1) does not apply to an area that was used in the past 12 months for,

(a) pasture;

(b) growing, producing or raising farm animals;

(c) producing agricultural crops; or

(d) growing a garden or lawn.

14. Subsection 29.2 (3) of the Regulation is revoked.

Commencement

15. This Regulation comes into force on the later of January 1, 2014 and the day it is filed.

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