O. Reg. 831/21: GENERAL
filed December 9, 2021 under Endangered Species Act, 2007, S.O. 2007, c. 6
Skip to contentontario regulation 831/21
made under the
Endangered Species Act, 2007
Made: November 25, 2021
Filed: December 9, 2021
Published on e-Laws: December 10, 2021
Printed in The Ontario Gazette: December 25, 2021
Amending O. Reg. 242/08
(GENERAL)
1. (1) The definition of “ecoregion” in subsection 1 (1) of Ontario Regulation 242/08 is revoked and the following substituted:
“ecoregion” means an ecoregion identified in the document entitled “The Ecosystems of Ontario, Part 1: Ecozones and Ecoregions” that is published by the Government of Ontario, dated 2009, as amended from time to time, and available on a website maintained by the Government of Ontario; (“écorégion”)
(2) The definition of “Registry” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“Registry” means the registry maintained on a website of the Government of Ontario for the purposes of the submission of notice forms under this Regulation and Ontario Regulation 830/21 made under the Act; (“Registre”)
(3) Section 1 of the Regulation is amended by adding the following subsections:
(3) A reference in this Regulation to a district manager is deemed to be a reference to a manager of the branch of the Ministry that is responsible for species at risk on and after December 1, 2021.
(4) For the purposes of this Regulation, the expression of geographic coordinates shall,
(a) use the UTM grid coordinate system or latitude and longitude;
(b) identify the datum used; and
(c) be accurate to 0.1 kilometre.
(5) Subsection (4) does not apply in respect of an activity described in subsection 23.4 (1) for which notice is submitted under subparagraph 1 i of subsection 23.4 (6) before December 1, 2021.
2. Subparagraph 2 iii of subsection 11.1 (1) of the Regulation is amended by striking out “subsection 11 (9)” and substituting “subsection 12.1 (5)”.
3. The Regulation is amended by adding the following section:
Stewardship activities
17.1 (1) Subsections (2) to (6) apply with respect to all or part of a stewardship activity that is intended to assist in the protection or recovery of one or more species listed on the Species at Risk in Ontario List as an endangered or threatened species if,
(a) the person proposing to carry out the stewardship activity has received notice from the Ministry indicating that the stewardship activity, or the part thereof, will be part of the Species at Risk in Ontario Stewardship Program and will be funded by a grant made by the Minister under subsection 47 (3) of the Act; and
(b) the stewardship activity is carried out in accordance with the conditions of the grant referred to in clause (a).
(2) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who, while carrying out a stewardship activity, kills, harms, harasses, captures or takes a member of a species that is the object of the activity, or damages or destroys the habitat of such a species, if the person satisfies the conditions set out in subsection (4).
(3) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who, while carrying out a stewardship activity, possesses, collects or transports a living or dead member of a species that is the object of the activity, or a part of a member of such species, if the person satisfies the conditions set out in subsection (4).
(4) The following are the conditions that a person must satisfy for the purposes of the exemptions in subsections (2) and (3):
1. If the stewardship activity requires the handling of a member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that is an amphibian, bird, reptile, mammal or fish, the person must, before commencing the activity, prepare a document that sets out,
i. the procedures relating to the handling and care of the species, including,
A. procedures relating to the appropriate treatment that will be provided to a member of the species if it becomes sick or accidentally injured as a result of the stewardship activity, and
B. if the procedures referred to in sub-subparagraph A include procedures to be followed by the person in order to euthanize a member of the species, the procedures for euthanasia, and
ii. a written opinion prepared by an animal care committee established under subsection 17 (1) of the Animals for Research Act, stating that the procedures included under subparagraph i provide for the proper handling and care of the species.
2. The person must,
i. ensure that the procedures set out in the document referred to in paragraph 1 are followed while carrying out the activity,
ii. retain a copy of the document referred to in paragraph 1 for at least five years after the activity is completed, and
iii. provide a copy of the document referred to in paragraph 1 to the Ministry within 14 days of receiving a request for it.
3. If the stewardship activity requires the handling of a member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that is a plant, lichen, moss, mollusc or insect and the person intends to possess the member for longer than seven days, the person must, before commencing the activity, prepare a document that sets out the procedures relating to the handling and care of the species.
4. The person must,
i. ensure that the procedures set out in the document referred to in paragraph 3 are followed while carrying out the activity,
ii. retain a copy of the document referred to in paragraph 3 for at least five years after the activity is completed, and
iii. provide a copy of the document referred to in paragraph 3 to the Ministry within 14 days of receiving a request for it.
5. If, while carrying out a stewardship activity, a living member of a species that is the object of the activity is captured, collected or taken, the person must ensure that,
i. any living member of a species that is captured, collected or taken does not remain in the person’s possession for longer than is necessary to complete the activity, and
ii. any living member of a species that is captured or taken is released,
A. back into the area from which it was captured or taken, or
B. if the grant made under subsection 47 (3) of the Act in respect of the activity specified that the living member was to be released, for one of the following purposes, into an area specified in the grant that is not the area from which it was captured or taken, into that area:
1. augmenting the population of the species in the area,
2. reintroducing the species to an area from which it has been extirpated, or
3. introducing it to an area where it is not known to have occurred previously.
6. If, while carrying out a stewardship activity, a dead member of a species, or a part of a living or dead member of a species, that is the object of the activity is collected, the person must ensure that the dead member or the part of the living or dead member does not remain in the person’s possession for longer than is necessary to complete the activity.
7. If a stewardship activity requires that the person carrying out the activity keep a living member of the species that is the object of the activity in their possession for more than seven days in order to complete the activity or requires that the person release a living member of such a species into an area other than the area in which the member was captured or taken for a purpose described in sub-subparagraph 5 ii B, the person must,
i. follow the rules set out in subsection (5) to mitigate the impact of the stewardship activity on the living member of the species and any of its progeny that resulted while in the person’s possession, and
ii. follow the monitoring, recording and reporting requirements set out in subsection (6) with respect to the living member or any of its progeny that resulted while in the person’s possession.
8. If a member of a species that is the object of the stewardship activity becomes ill or is injured as an incidental consequence of the activity, the person must not carry out the euthanasia of the member unless,
i. the procedures prepared under paragraph 1 include procedures to be followed by the person when euthanizing members of the species, and
ii. the euthanasia is carried out in accordance with the procedures prepared under paragraph 1 by a person with expertise in the species who is trained in respect of the procedures and who is acting on the advice of a member of the College of Veterinarians of Ontario or a person employed by the Ministry.
9. The person must prepare a record of the following information for each member of the species euthanized:
i. the reason the member required euthanasia,
ii. the name and contact details of the person who carried out the euthanasia,
iii. a summary of the person’s expertise related to the species and the person’s training in the euthanasia procedures referred to in paragraph 1, and
iv. the name, position and contact details of the member of the College of Veterinarians of Ontario or employee of the Ministry who advised that the member of the species needed to be euthanized.
10. The person must retain a copy of the record referred to in paragraph 9 for at least five years after it was prepared and provide a copy of the record to the Ministry within 14 days of receiving a request for it.
11. If the person or an employee or agent of the person observes a species that is the object of the stewardship activity in the course of carrying out the activity, the person must ensure that, on or before March 31 after the sighting, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario is completed, detailing the species and the number of individual members that were observed, the date and location of the observation and any other information requested on the form.
(5) The following are the mitigation rules that a person must follow for the purposes of subparagraph 7 i of subsection (4):
1. While the stewardship activity is ongoing, the person shall take reasonable steps to avoid or minimize adverse effects on a member of a species that is the object of the stewardship activity, and on any of the member’s progeny that resulted while in the person’s possession, using the best available information including consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available.
2. The person shall ensure that all reasonable steps are taken during the following periods of time in order to avoid spreading diseases and pests to, or compromising the genetic integrity of, the member of the species that is the object of the stewardship activity and any of the member’s progeny that resulted while in the person’s possession:
i. in the case of a member of the species that the person is required to be in their possession for more than seven days, during the entire time the member and its progeny are in the person’s possession, or
ii. in the case of a member of the species that is required to be released into an area other than the area from which it was captured or taken, during the release of the member.
3. The person shall ensure that any member of a species that is the object of the stewardship activity and is required to be in their possession for more than seven days, and any of the member’s progeny that resulted while in the person’s possession, is maintained in a manner that supports the health and viability of the member of the species and its progeny for as long as they remain in the person’s possession.
4. During a stewardship activity that involves the release of a member of a species that is the object of the activity, and any of its progeny that resulted while in the person’s possession, into an area other than the area from which it was captured or taken, the person shall ensure that, so long as the activity continues, reasonable steps are taken to manage the habitat of the species in that area in a manner that supports the necessary life processes of the member, and any of its progeny, that are released.
5. The person shall ensure that, so long as the stewardship activity continues, all reasonable steps are taken to promote the genetic integrity and health of each member of the species that is the object of the activity and of the member’s progeny that resulted while the member was in the person’s possession.
6. The stewardship activity must be carried out by or under the supervision of a person with expertise in relation to the species that is the object of the activity.
7. The person shall not release a member of the species that is the object of the stewardship activity, or the progeny that resulted while the member was in the person’s possession, to an area or in a manner that would pose a significant risk to the member, its progeny or to any other members of the species.
(6) The following are the monitoring and recording requirements that a person must follow for the purposes of subparagraph 7 ii of subsection (4):
1. While carrying out the stewardship activity, the person shall ensure that the following are monitored:
i. the effects of the activity on,
A. any member of a species that is the object of the activity and that the person keeps in their possession for more than seven days or releases into an area other than the area from which the member was captured or taken, and
B. any progeny of a member referred to in sub-subparagraph A that resulted while the member was in the person’s possession, and
ii. the effectiveness of measures taken under the mitigation rules set out in subsection (5) to avoid or minimize the adverse effects of the activity on the members of the species.
2. While carrying out the stewardship activity, the person must create and maintain a record of,
i. the effects of the activity on the member of the species that is the object of the activity and that the person keeps in their possession for more than seven days, and on any of the member’s progeny that resulted while the member was in the person’s possession, or the member of the species that the person releases into an area other than the area from which the member was captured or taken,
ii. the measures that are taken by the person carrying out the activity to minimize the adverse effects of the activity on the member of the species referred to in subparagraph i, including the measures set out in subsection (5), including the locations where the measures are taken, and an assessment of the effectiveness of those measures, and
iii. the names of each individual with expertise who was responsible for carrying out or supervising the activity.
3. The person must,
i. retain a copy of the record created under paragraph 2 for at least five years after it is prepared, and
ii. provide a copy of the record created under paragraph 2 to the Ministry within 14 days of receiving a request for it.
4. Before the expiry of the grant made by the Minister under subsection 47 (3) of the Act, the person must prepare a report about the members of a species that is the object of the stewardship activity that the person has kept in their possession for more than seven days, and any progeny that resulted while such members were in the person’s possession, and about any members of such a species that the person has released under sub-subparagraph 5 ii B of subsection (4), and the person must submit the report to the Ministry.
5. The report referred to in paragraph 4 must include:
i. A description of the stewardship activity, including its nature and purpose.
ii. The identity of each species that is the object of the activity.
iii. If a member of a species that is the object of the activity was captured, collected or taken,
A. the date on which a member of the species was captured, collected or taken,
B. details regarding the capture, collection or taking of the member, including, if applicable, the name and contact information of the person who captured, collected or took the member, a description of the legal authorization for the capture, collection or taking and, if applicable, the identifying number of the authorization, and
C. the location from which the member was captured or taken, using geographic coordinates, and a description of the location.
iv. A copy of the record referred to in paragraph 2.
v. A summary of the outcome of the stewardship activity, including a detailed assessment of the extent to which the activity achieved its purpose.
vi. Details about any species injuries, deaths or complications that occurred during the stewardship activity, including a copy of the record developed under paragraph 9 of subsection (4), if applicable.
6. If the person possesses one or more living members of a species that is the object of the activity for longer than seven days, the report referred to in paragraph 4 must include,
i. The number of living members of the species possessed, or an estimate of the number if the exact quantity is unavailable.
ii. A description of the life stage and condition of each member of the species when possession began and when possession ended.
iii. If applicable, the number of progenies that resulted while the member was kept in possession, or an estimate of the number if the exact quantity is unavailable,
iv. If the member is released in accordance with sub-subparagraph 5 ii A of subsection (4), the location in which the member was released to or, if subparagraph v applies, the person to whom the member was transferred,
v. If the person transfers one or more members of a species in their possession to another person instead of releasing it back to the area from which it was captured or taken:
A. An explanation for doing so, demonstrating that the release of the member back to the area from which it was captured or taken posed significant risk to the member or receiving population that could not be mitigated or was not reasonable or feasible.
B. The number of members transferred.
C. The date of transfer.
D. The name and contact information of the person to whom the members were transferred, a description of the authorization under which the person is authorized to possess the members and, if applicable, the identifying number of the authorization.
E. The address of the location where the member is now located and a description of the location.
7. If the person releases one or more living members of a species that is the object of the stewardship activity into an area other than the area from which the members were captured or taken, the report referred to in paragraph 4 must include,
i. The number of members of the species that have been released, or an estimate of the number if the exact quantity is unavailable.
ii. The date of the release of the members of the species.
iii. A description of the life stage and condition of the member at the time of the release of the members of the species.
iv. Which of the purposes of release set out in sub-subparagraph 5 ii B of subsection (4) applies to the release.
v. The location at which the members were released using the geographic coordinates for the location.
vi. A description of the conditions of the release location when the release occurred.
vii. If the purpose of the release is to provide for an augmentation of the population of the species in the area of the release, information about the receiving population, including the number of members, or estimates if the exact quantity is unavailable, and condition of the other members of the population of the species at the time of release.
4. Subclause 23 (3) (c) (iii) of the Regulation is amended by adding “as it read immediately before June 30, 2010” at the end.
5. The heading before section 23.3 of the Regulation is revoked and the following substituted:
Exemptions Requiring Notice to Minister and other Conditions
6. (1) Subsection 23.3 (1) of the Regulation is revoked and the following substituted:
Notices — submission, amendment and cancellation
23.3 (1) This section applies with respect to the following notice forms:
1. A notice of activity form that a person or entity is required to submit to the Minister through the Registry under sections 23.4 to 23.20.
2. A notice of drainage works form that a person is required to submit to the Minister through the Registry under paragraph 1 of subsection 23.9 (6).
3. A notice of incidental trapping form that a person is required to submit to the Minister through the Registry under subclause 23.19 (1) (f) (i).
(2) Subsections 23.3 (2) to (4) of the Regulation are amended by striking out “notice of activity form” wherever it appears and substituting in each case “notice form listed in subsection (1)”.
(3) Clause 23.3 (3) (c) of the Regulation is revoked and the following substituted:
(c) if there is a change to or an error or omission in the administrative information provided in a notice form, update the information on the Registry within 10 business days after the change or becoming aware of the error or omission.
(4) Section 23.3 of the Regulation is amended by adding the following subsections:
(5) A person or entity who submitted a notice form listed in paragraph 1 or 2 of subsection (1) may submit an amended notice form to the Minister through the Registry in accordance with the following rules, for the purpose of making one or more of the following amendments to the notice form previously registered:
1. An amended notice form may be submitted to make the following changes to the notice form previously registered if the amended notice form is submitted before the commencement of the activity described in the previous notice form:
i. a change to the description of the activity, or
ii. a change to the start date of the activity.
2. An amended notice form may be submitted to change the end date of the activity identified in the notice form previously registered, if the amended notice form is submitted before the previously identified end date.
3. An amended notice form may be submitted to add a species listed on the Species at Risk in Ontario List and to which an exemption set out in section 23.4, 23.9, 23.10, 23.11, 23.12, 23.14, 23.15, 23.16, 23.17, 23.18 or 23.20 applies to the list of species that are the object of the activity as identified in the notice form previously registered, if the amended notice form is submitted before there is any impact to the species or its habitat by the activity.
4. An amended notice form may be submitted to remove a species from the notice form previously registered if more than one species is identified in the notice form and,
i. before the activity commences, the person or entity determines that the species will not be impacted by the activity, or
ii. the status of the species has changed such that it is no longer listed as an endangered or threatened species on the Species at Risk in Ontario List.
5. An amended notice form may be submitted to change the name of the person or entity identified on the notice form as the person or entity carrying out the activity if,
i. the person or entity identified on the notice form previously registered provides written consent to the amendment to the person or entity identified on the amended notice form, and
ii. the person or a representative of the entity identified on the amended notice form provides the Ministry with a written attestation that the person or entity agrees to comply with the conditions to the applicable exemption under this Regulation.
(6) For greater certainty, an amendment to a notice form under subsection (5) does not affect the application of an exemption under this Regulation.
(7) A person or entity who submitted a notice form may request that the notice be struck from the Registry by submitting a notice of cancellation form to the Minister through the Registry if,
(a) the person or entity has decided not to proceed with the activity and submits the notice of cancellation form before the activity has commenced; or
(b) every species identified in the notice form is no longer listed as an endangered or threatened species on the Species at Risk in Ontario List.
7. Subparagraph 5 iii of subsection 23.4 (8) of the Regulation is amended by adding “geographic” before “coordinates”.
8. Sections 23.5, 23.6 and 23.7 of the Regulation are revoked.
9. (1) Paragraph 3 of subsection 23.9 (6) of the Regulation is amended by striking out “subsections (7) and (8)” and substituting “section 23.3”.
(2) Subparagraph 6 i of subsection 23.9 (6) of the Regulation is amended by,
(a) striking out “December 31” and substituting “January 31”; and
(b) striking out “in the course of that year” and substituting “in the course of the previous calendar year”.
(3) Subsections 23.9 (7), (8) and (9) of the Regulation are revoked.
(4) Clauses 23.9 (14) (a) and (c) of the Regulation are amended by striking out “12 months” and substituting “calendar year”.
10. (1) Section 23.12 of the Regulation is amended by striking out “hydro-electric generating station” wherever it appears, except in paragraph 2 of subsection (4), and substituting in each case “hydro-electric generating station or dam”.
(2) Section 23.12 of the Regulation is amended by striking out “station” wherever it appears, except in subsection (10) and when employed in the expression “hydro-electric generating station”, and substituting in each case “station or dam”.
(3) Paragraph 7 of subsection 23.12 (1) of the Regulation is amended by,
(a) striking out “December 31” in the portion before subparagraph i and substituting “January 31”; and
(b) adding “in respect of the previous calendar year” after “annual report” in the portion before subparagraph i.
(4) Paragraph 2 of subsection 23.12 (4) of the Regulation is amended by striking out “the hydro-electric generating station and any associated structures” at the end and substituting “the hydro-electric generating station, including any associated structures, or the dam”.
(5) Subsection 23.12 (6) of the Regulation is amended by adding “in respect of the previous calendar year” after “shall include” in the portion before clause (a).
(6) Subsection 23.12 (8) of the Regulation is revoked and the following substituted:
(8) This section does not apply to cofferdams or any other temporary dams.
(7) Section 23.12 of the Regulation is amended by adding the following subsection:
(11) In this section,
“dam” means a structure constructed to forward, hold back or divert water in a river, lake, pond or stream for the purpose of,
(a) raising the water level,
(b) creating a reservoir to control flooding, or
(c) diverting the flow of water.
11. (1) Paragraph 9 of subsection 23.13 (7) of the Regulation is amended by striking out “ On or before December 31 of each year in which the activity is carried out and in which the person is required under paragraph 8 to monitor the effectiveness of any steps taken to minimize adverse effects of the activity, the person must prepare an annual report” and substituting “On or before January 31 of the year after the activity commenced and in each following year in which the person is required under paragraph 8 to monitor the effectiveness of any steps taken to minimize adverse effects of the activity, the person must prepare an annual report, in respect of the previous calendar year,”.
(2) Subsection 23.13 (14) of the Regulation is amended by striking out “12 months” and substituting “calendar year”.
12. (1) Subparagraph 7 i of subsection 23.14 (5) of the Regulation is amended by,
(a) striking out “December 31” and substituting “January 31”; and
(b) adding “in respect of the previous calendar year” after “annual report”.
(2) Subsection 23.14 (10) of the Regulation is amended by adding “in respect of the previous calendar year,” after “shall include” in the portion before clause (a).
13. (1) Subsection 23.15 (6) of the Regulation is amended by striking out “possession form” wherever it appears and substituting in each case “activity form”.
(2) Clause 23.15 (6) (d) of the Regulation is amended by striking out “subsections (7) and (8)” and substituting “section 23.3”.
(3) Subsections 23.15 (7), (8) and (9) of the Regulation are revoked.
14. (1) Subsection 23.17 (1) of the Regulation is amended by adding “Subject to subsections (2.1) and (3)” at the beginning.
(2) Paragraph 1 of subsection 23.17 (1) of the Regulation is revoked and the following substituted:
1. Any activity that implements, or that supports or assists in the implementation of, an action that the Government of Ontario plans to take and that is identified in a government response statement published by the Minister under subsection 12.1 (1) of the Act.
(3) Paragraph 2 of subsection 23.17 (1) of the Regulation is amended by striking out “subsection 11 (8)” and substituting “subsection 12.1 (1)”.
(4) Section 23.17 of the Regulation is amended by adding the following subsection:
(2.1) This section does not apply to an activity to which section 23.17.2 applies.
(5) Subsection 23.17 (3) of the Regulation is revoked and the following substituted:
(3) Subject to subsection (3.1), the exemption under subsection (4) of the killing of one or more members of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that occurs while carrying out an activity described in subsection (1) does not apply to an intentional killing.
(3.1) The exemption in subsection (4) applies to the intentional killing of one or more members of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that occurs during an activity described in subsection (1), if the killing is,
(a) for the purpose of euthanasia in respect of a member of an amphibian, bird, reptile, mammal or fish species that has become ill or is injured accidentally as a consequence of the activity with no possibility of survival; and
(b) carried out in accordance with the procedures relating to the handling and care of the species referred to in subparagraph 5 i of subsection (8) by a person with expertise in the species who is trained in respect of the procedures and who is acting on the advice of,
(i) a member of the College of Veterinarians of Ontario, or
(ii) a person employed by the Ministry.
(3.2) The exemption under subsection (5) does not apply with respect to the possession, collection or transport of all or part of a dead member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species if the member of the species was killed in such circumstances that subsection (3) would apply with respect to the killing but subsection (3.1) would not.
(6) Subsection 23.17 (5) of the Regulation is revoked and the following substituted:
(5) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who, while carrying out an activity described in subsection (1), possesses, collects or transports a living or dead member of a species listed in the Species at Risk in Ontario List as an endangered or threatened species, or a part of a member of such a species, if the person satisfies all the conditions set out in subsection (6).
(7) Paragraph 7 of subsection 23.17 (6) of the Regulation is amended by adding the following subparagraph:
i.1 if a member of a species that is the object of the activity is euthanized, the following information:
A. the reason the member required euthanasia,
B. the name and contact details of the person who carried out the euthanasia,
C. a summary of the person’s expertise related to the species and the person’s training in the euthanasia procedures outlined in the mitigation plan, and
D. the name, position and contact details of the member of the College of Veterinarians of Ontario or employee of the Ministry who advised that the member of the species needed to be euthanized,
(8) Paragraph 9 of subsection 23.17 (6) of the Regulation is amended by striking out “Natural Heritage Information Centre” in the portion before subparagraph i and substituting “Ministry”.
(9) Paragraph 5 of subsection 23.17 (8) of the Regulation is revoked and the following substituted:
5. If the activity requires the handling of a member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that is an amphibian, bird, reptile, mammal or fish,
i. the procedures relating to the handling and care of the species, including,
A. procedures relating to the appropriate treatment that will be provided to a member of the species if it becomes sick or accidentally injured as a result of the activity, and
B. if the procedures referred to in sub-subparagraph A include procedures to be followed by the person when euthanizing members of the species, the procedures for euthanasia, and
ii. a written opinion prepared by an animal care committee established under subsection 17 (1) of the Animals for Research Act, stating that the procedures included under subparagraph i provide for the proper handling and care of the species.
(10) Subparagraph 4 iii of subsection 23.17 (9) of the Regulation is revoked and the following substituted:
iii. release a living member of the species into an area other than the area from which the member was captured or taken.
(11) Paragraph 5 of subsection 23.17 (9) of the Regulation is revoked and the following substituted:
5. The person must ensure that steps are taken to avoid the spread of diseases or pests to members of the species and to avoid compromising their genetic integrity.
(12) Subsections 23.17 (10), (11) and (12) of the Regulation are revoked.
15. The Regulation is amended by adding the following sections:
Incubation of turtle eggs
23.17.1 (1) In this section,
“clutch” means a group of eggs produced at one time by a female turtle that is a member of a threatened turtle species or an endangered turtle species; (“ponte”)
“endangered turtle species” means a turtle species listed on the Species at Risk in Ontario List as an endangered species of turtle; (“espèce de tortue en voie de disparition”)
“nest zone” means the area bounded by a circle with a radius of one kilometre, the centre of which is the nest where equipment is first used after being disinfected; (“zone de nid”)
“threatened turtle species” means a turtle species listed on the Species at Risk in Ontario List as a threatened species of turtle; (“espèce de tortue menacée”)
“vulnerable nest” means a nest that contains one or more eggs of a threatened turtle species or an endangered turtle species and that is likely to be damaged or destroyed and includes nests that are,
(a) located in an area where regular or planned human activities are likely to harm the eggs or damage or destroy the nest,
(b) at a higher risk of predation than would be expected under natural ecological conditions, or
(c) under imminent threat of being damaged or destroyed by flooding or other natural phenomena. (“nid vulnérable”)
(2) Subsections (4) and (5) apply with respect to an activity described in subsection (3) if the activity is intended to assist in the protection or recovery of one or more threatened turtle species or endangered turtle species by,
(a) incubating eggs of a threatened turtle species or an endangered turtle species and releasing the hatchlings in accordance with the rules set out in subsection (13); and
(b) implementing, or supporting or assisting in the implementation of, an action that the Government has identified in a government response statement published by the Minister under subsection 12.1 (1) of the Act.
(3) The following are the activities referred to in subsection (2):
1. Taking one or more eggs of a threatened turtle species or an endangered turtle species from,
i. a vulnerable nest for which other measures of protecting eggs, such as installing a nest cage, are not feasible or would not protect the eggs from being harmed,
ii. a nest that is accidentally disturbed,
iii. a sick or injured member of the species, or
iv. a recently deceased member of the species.
2. Possessing one or more eggs from a source described in paragraph 1 or possessing one or more hatchlings from such eggs.
(4) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who, while carrying out an activity described in subsection (3), kills, harms, harasses, captures or takes a member of a threatened turtle species or an endangered turtle species that is the object of the activity, or damages or destroys the habitat of such a species, if the person satisfies the conditions set out in subsection (10).
(5) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who possesses, collects or transports a member of a threatened turtle species or an endangered turtle species if the person satisfies all of the conditions set out in subsection (10).
(6) Despite subsections (2) and (4), subsection (4) does not apply to the intentional killing of a member of a threatened turtle species or an endangered turtle species that occurs during an activity described in subsection (3) unless,
(a) the killing is for the purposes of euthanasia in respect of a member that has become ill or accidentally injured as a consequence of the activity with no possibility of survival; and
(b) the euthanasia is carried out in accordance with the procedures referred to in subparagraph 5 ii of subsection (11) by a person with expertise in the species who is trained in respect of the procedures and who is acting on the advice of,
(i) a member of the College of Veterinarians of Ontario, or
(ii) a person employed by the Ministry.
(7) The exemption under subsection (5) does not apply with respect to the possession, collection or transport of all or part of a dead member of a threatened turtle species or endangered turtle species if the member of the species was killed intentionally in circumstances other than those described in clauses (6) (a) and (b).
(8) Despite subsections (2) and (4), if, in any given calendar year, a person takes 100 eggs of an endangered turtle species or 200 eggs of a threatened turtle species while carrying out an activity described in paragraph 1 of subsection (3), the prohibitions in clause 9 (1) (a) and subsection 10 (1) of the Act shall apply with respect to the taking of any further eggs of an endangered turtle species or threatened turtle species, while carrying out the activity described in paragraph 1 of subsection (3), until the end of the calendar year.
(9) Despite subsections (2) and (5), if, at any time, a person possesses 100 eggs of an endangered turtle species, or 200 eggs of a threatened turtle species, that were taken while carrying out an activity described in paragraph 2 of subsection (3), the prohibitions in subclause 9 (1) (b) (i) of the Act shall apply to the person in respect of the possession of any eggs so taken that are in excess of the 100 eggs of an endangered turtle species or 200 eggs of a threatened turtle species that the person already possesses.
(10) The following are the conditions that a person who carries out an activity described in subsection (3) must satisfy for the purposes of subsections (4) and (5):
1. Before commencing the activity, the person must,
i. give the Minister notice of the activity by submitting a notice of activity form available on the Registry to the Minister through the Registry, and
ii. prepare a mitigation plan in accordance with subsection (11) that sets out the steps that will be taken to,
A. minimize the adverse effects of the activity on each threatened turtle species or endangered turtle species that is the object of the activity, and
B. monitor the effectiveness of the steps referred to in sub-subparagraph A.
2. The person must ensure that the notice of activity form includes,
i. a description of the activity,
ii. the proposed start and end dates for the activity,
iii. the location at which the activity will be carried out, and
iv. the name of each threatened turtle species or endangered turtle species that is the object of the activity.
3. The person must follow the requirements set out in section 23.3 with respect to the completion of the notice of activity form, the keeping of records relating to the notice of activity form and the updating of the information on the Registry.
4. The person must ensure that any eggs of a threatened turtle species or endangered turtle species taken in the course of the activity are taken from a source listed in paragraph 1 of subsection (3).
5. After the mitigation plan is prepared, the person must,
i. ensure that the activity is carried out in accordance with the mitigation plan,
ii. retain a copy of the mitigation plan for at least five years after the activity is complete,
iii. provide a copy of the mitigation plan to the Ministry within 14 days of receiving a request for it, and
iv. if the activity occurs over a period of more than five years, ensure that, at least once every five years, the mitigation plan is updated in accordance with subsection (11) to include information obtained while monitoring the effects of the activity under subsection (16).
6. The person must conduct monitoring, prepare and retain records, and submit records and reports in accordance with subsections (16) to (19).
7. If the person or an employee or agent of the person observes a species identified in the notice of activity form in the course of carrying out the activity, the person must ensure that, within three months of the observation, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario is completed, detailing the turtle species and number of individual members that were observed, the date and location of observation and any other information requested on the form.
(11) The mitigation plan referred to in subparagraph 1 ii of subsection (10) and the update of the plan referred to in subparagraph 5 iv of subsection (10) shall be prepared by one or more persons described in subsection (12) and shall include the following information:
1. The name and contact information of the person carrying out the activity.
2. The following information with respect to the activity:
i. a description of the activity, including an explanation of its nature and purpose,
ii. the proposed start and completion dates of the activity,
iii. a description of all of the stages of the activity and a timeline for each stage, and
iv. a description of the location of the activity.
3. The identity of each threatened turtle species or endangered turtle species that is the object of the activity and an assessment of the likely effects of the activity on the members of the species.
4. Details of each step that will be taken to minimize the adverse effects of the activity on the members of the species, including the dates on which, and the locations at which, the steps will be taken.
5. The procedures that will be followed relating to the handling and care of a member of a threatened turtle species or an endangered turtle species, including,
i. procedures relating to the appropriate treatment that will be provided to a member of the species if it becomes sick or accidentally injured as a result of the activity, and
ii. if the procedures referred to in subparagraph i include procedures to be followed by the person when euthanizing members of the species, the procedures for euthanasia.
6. A written opinion prepared by an animal care committee established under subsection 17 (1) of the Animals for Research Act, stating whether the procedures referred to in paragraph 5 provide for the proper handling and care of the species.
7. Details of each step that will be taken to monitor the effects of the activity on each of the threatened turtle species or the endangered turtle species that is the object of the activity and the effectiveness of the steps taken to minimize adverse effects on the species.
(12) The mitigation plan and any update to the plan shall be prepared by one or more persons with expertise in relation to every threatened turtle species or endangered turtle species that is the object of the activity using the best available information on steps that may help minimize or avoid adverse effects on the species, which includes consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available.
(13) The steps required to be set out in the mitigation plan under subparagraph 1 ii of subsection (10) shall include,
(a) ensuring that the activity is carried out by or under the supervision of a person with expertise in respect of the activity;
(b) before the activity is carried out, providing training with respect to the following subjects to each person who carries out any part of the activity that is likely to adversely affect the threatened turtle species or the endangered turtle species,
(i) procedures referred to in paragraph 5 of subsection (11) relating to the handling and care of each threatened turtle species or endangered turtle species that is the object of the activity, and
(ii) the steps that must be taken under clauses (c) and (d) to minimize adverse effects on members of the turtle species and its habitat;
(c) using the best available information to avoid or minimize adverse effects on the threatened turtle species or the endangered turtle species and their habitat when excavating nests, transporting and incubating eggs, and caring for and transporting hatchlings; and
(d) taking all reasonable steps to avoid the spread of diseases to members of a threatened turtle species or an endangered turtle species, including,
(i) disinfecting any equipment used in respect of turtle eggs and hatchlings in nests, before using the equipment in a nest that is in a different nest zone,
(ii) washing and disinfecting hands or, if wearing gloves, changing gloves when handling turtle eggs or hatchlings from different clutches,
(iii) keeping turtle eggs and hatchlings from different clutches in separate containers,
(iv) disinfecting any equipment that has come in contact with amphibians or reptiles in captivity before the equipment is used in respect of a member of a threatened turtle species or an endangered turtle species whose possession is authorized under this section, and
(v) keeping turtle eggs and hatchlings isolated from amphibians and reptiles other than those whose possession is authorized under this section.
(14) Subject to subsection (15), the following are the rules that apply to the release of hatchlings resulting from the incubation of the eggs of a threatened turtle species or an endangered turtle species in the course of an activity described in subsection (3):
1. If one or more eggs were taken from a vulnerable nest or a nest that has been accidentally disturbed, the hatchlings shall be released in an aquatic habitat that is suitable and safe for the turtle species, that is as close as possible to the location from which the eggs were taken, and, in any event, that is no more than one kilometre from that location.
2. If one or more eggs were taken from a sick, injured or dead turtle, the hatchlings shall be released in an aquatic habitat that is suitable and safe for the turtle species, that is as close as possible to the location at which the turtle was found and, in any event, that is no more than one kilometre from that location.
3. If the hatchlings are not transferred to a person authorized to carry out a captive-rearing program, the hatchlings shall be released no later than one week after the last hatchling from the clutch has hatched and absorbed its yolk sac.
4. If the hatchlings are transferred to a person authorized to carry out a captive-rearing program for the turtle species, hatchlings shall be released no later than two years after the last hatchling from the clutch has hatched.
(15) If there is any reason to believe that a hatchling or an egg from which a hatchling hatched has been exposed to a deleterious pathogen that may be spread to wild amphibian or reptile populations if the hatchling were to be released, the person shall:
1. Notify the ministry of the possible exposure immediately.
2. Delay the release of the hatchling until the person has confirmed that the hatchling does not carry a deleterious pathogen and will not pose a risk to wild amphibian or reptile populations.
3. Notify the ministry of the date and location of the release and provide the evidence that the hatchling does not carry a deleterious pathogen and will not pose a risk to wild amphibian or reptile populations upon release.
(16) For the purposes of paragraph 6 of subsection (10), the following shall be monitored:
1. The effects of the activity on each threatened turtle species or endangered turtle species that is the object of the activity.
2. The effectiveness of the steps taken to minimize adverse effects on each threatened turtle species or endangered turtle species.
(17) For the purposes of paragraph 6 of subsection (10), a record of the following information shall be prepared and retained for at least five years after it is prepared:
1. The effects of the activity on each threatened turtle species or endangered turtle species that is the object of the activity.
2. Each step taken to minimize the adverse effects of the activity on each threatened turtle species or endangered turtle species that is the object of the activity, including the location at which the step was taken and an assessment of the effectiveness of the step.
3. The name of each person who was responsible for carrying out or supervising the activity.
4. The total number of members of a threatened turtle species or an endangered turtle species euthanized as a result of carrying out the activity and, for each member that was euthanized,
i. the reason the turtle required euthanasia,
ii. the name and contact information of the person who carried out the euthanasia,
iii. a summary of the person’s expertise related to the turtle species and training in the euthanasia procedures outlined in the mitigation plan, and
iv. the name, position and contact information of the member of the College of Veterinarians of Ontario or employee of the Ministry who advised that the turtle needed to be euthanized.
(18) The person who carries out an activity described in subsection (3) shall provide a copy of the record created under subsection (17) to the Ministry within 14 days after receiving a request for it.
(19) For the purposes of paragraph 6 of subsection (10), no later than January 31 in each year, a report containing a statement that the report has been prepared under this section and containing the following information in respect of each activity described in subsection (3) carried out during the previous calendar year shall be submitted to the Ministry:
1. A description of the activity, including its purpose and the actions identified in a government response statement published under section 12.1 of the Act that the activity implements or supports or assists in implementing.
2. A copy of the record created under subsection (17).
3. A summary of the outcome of the activity, including a detailed assessment of the extent to which the activity achieved its purpose during the reporting period.
4. If the person carrying out the activity took one or more eggs, the following information in respect of each clutch from which one or more eggs were taken:
i. the turtle species to which the eggs belong,
ii. the total number of eggs taken,
iii. the date on which the eggs were taken,
iv. the geographic coordinates of the clutch,
v. an indication of which source set out in paragraph 1 of subsection (3) the eggs were taken from,
vi. if the eggs were taken from a vulnerable nest, the rationale used to determine that the nest was vulnerable,
vii. if the eggs were taken as a result of a nest being accidentally disturbed, the circumstances of the accidental disturbance, if known, and the rationale used to justify taking the eggs,
viii. if the eggs were taken from a sick or injured turtle,
A. the rationale used to justify taking the eggs from the turtle, and
B. the legal authority under which the person was authorized to take the eggs and, if applicable, the identifying number of the authorization,
ix. if eggs were transferred to another person authorized to incubate the eggs, the name and contact information of the person who received the eggs and the date of the transfer, and
x. a description of any harm that occurred to eggs while carrying out the activity, including the total number of eggs harmed.
5. If the person carrying out the activity incubated one or more eggs, the following information in respect of each clutch referred to in paragraph 4 that was incubated:
i. the turtle species to which the eggs belong,
ii. the total number of eggs incubated,
iii. the start and end dates of incubation,
iv. if the person who is incubating the eggs is not the person who took the eggs,
A. the name and contact information of the person who took the eggs,
B. the date on which the eggs were taken,
C. the legal authority under which the person was authorized to take the eggs and the identifying number of the authorization, if applicable,
D. the geographic coordinates of the clutch, and
E. confirmation, including supporting documentation, if available, that the eggs were taken from a source set out in paragraph 1 of subsection (3),
v. the number of eggs that successfully hatched,
vi. the date on which the last hatchling hatched and, if the hatchlings were not transferred to a person authorized to carry out a captive-rearing program, the date on which the last hatchling absorbed its yolk sac,
vii. if hatchlings were transferred to a person authorized to captive-rear the turtle species,
A. the number of hatchlings that were transferred,
B. the date of transfer,
C. the name and contact information of the person carrying out the captive-rearing program,
D. a description of the authorization under which the person is carrying out the captive-rearing program, and, if applicable, the identifying number of the authorization, and
E. the address of the captive-rearing facility,
viii. the number of hatchlings that were released and the date of release,
ix. the geographic coordinates of the clutch, and
x. an explanation of each injury, death and complication that occurred in respect of a threatened turtle species or an endangered turtle species while carrying out the parts of the activity relating to the incubation and release of the members of the species, including any harm to eggs.
Species at risk surveys
23.17.2 (1) In this section,
“abundance” includes absolute and relative population size; (“abondance”)
“species at risk survey” means a species at risk survey described in subsection (3) and includes all steps related to conducting a survey with respect to species that are listed on the Species at Risk in Ontario List as an endangered or threatened species such as capturing a member of the species, removing a tissue sample from a member of a species for genetic testing, transporting the sample to a lab and analyzing the sample. (“enquête sur les espèces en péril”)
(2) Subsections (4) and (5) apply with respect to the conducting of a species at risk survey if, based on a review of all available information in respect of the proposed survey area, including any available provincial records, expert opinions and species distribution modelling, there is reason to believe that,
(a) the survey is required to address a lack of information about the presence, absence or abundance of the species expected to be found at or near the proposed survey area; and
(b) the species may reasonably be expected to be found at or near the proposed survey area.
(3) The following are the two types of species at risk surveys to which this section applies:
1. A species at risk survey to assess whether a species listed on the Species at Risk in Ontario List as an endangered or threatened species is present or absent in an area.
2. A species at risk survey to estimate the abundance of a species listed on the Species at Risk in Ontario List as an endangered or threatened species in an area.
(4) Clause 9 (1) (a) of the Act does not apply to a person who, while conducting a species at risk survey, kills, harms, harasses, captures or takes a member of a species that is the object of the survey, if the person satisfies all of the conditions set out in subsection (9).
(5) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who, while conducting a species at risk survey, possesses, collects or transports a living or dead member of a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, or a part of a member of such a species, if the person satisfies all of the conditions set out in subsection (9).
(6) Despite subsections (2), (4) and (5), subsections (4) and (5) do not apply to the intentional killing of a member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that occurs during a species at risk survey unless,
(a) the killing is for the purposes of euthanasia in respect of a member of an amphibian, bird, reptile, mammal or fish species that has become ill or injured as an incidental consequence of the survey with no possibility of survival; and
(b) the euthanasia is carried out in accordance with the procedures referred to in subparagraph 7 ii of subsection (10) by a person with expertise in the species who is trained in respect of the procedures and who is acting on the advice of,
(i) a member of the College of Veterinarians of Ontario, or
(ii) a person employed by the Ministry.
(7) The exemption under subsection (5) does not apply with respect to the possession, collection or transport of all or part of a dead member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species if the member of the species was killed intentionally in circumstances other than those described in clauses (6) (a) and (b).
(8) Despite subsections (2), (4) and (5), subsections (4) and (5) do not apply in respect of a species at risk survey if the survey is conducted in any of the following areas:
1. A reach of a stream that is occupied by Redside Dace if the species that is the object of the survey is listed on the Species at Risk in Ontario List as an endangered or threatened fish species.
2. An area belonging to any of the following community classes, as identified under the land classification system for southern Ontario, if the area is known or likely to be occupied by a species that is listed on the Species at Risk in Ontario List as an endangered or threatened vascular plant species:
i. A fen.
ii. A bog.
iii. A sand barren.
iv. A sand dune.
v. A bluff.
3. An area situated in a part of Ontario to which the land classification system for southern Ontario does not apply but that has all of the characteristics necessary to be classified as a community class referred to in subparagraphs 2 i to v if it were situated in a part of southern Ontario to which the classification system applies.
(9) The following are the conditions that a person who conducts a species at risk survey must satisfy for the purposes of subsections (4) and (5):
1. Before commencing the survey, the person must,
i. give the Minister notice of the survey by submitting a notice of activity form available on the Registry to the Minister through the Registry, and
ii. prepare a mitigation plan in accordance with subsection (10) that sets out the steps that will be taken to,
A. minimize the adverse effects of the survey on each species that is the object of the survey, and
B. monitor the effectiveness of the steps referred to in sub-subparagraph A.
2. The person must ensure that the notice of activity form includes,
i. a description of the survey,
ii. the proposed start and end dates for the survey,
iii. the location at which the survey will be carried out, and
iv. the name of each species that is the object of the survey.
3. The person must follow the requirements set out in section 23.3 with respect to the completion of the notice of activity form, the keeping of records relating to the notice of activity form and the updating of the information on the Registry.
4. After the mitigation plan is prepared, the person must,
i. ensure that the survey is carried out in accordance with the mitigation plan,
ii. retain a copy of the mitigation plan for at least five years after the survey is complete,
iii. provide a copy of the mitigation plan to the Ministry within 14 days after receiving a request for it, and
iv. if the survey occurs over a period of more than five years, ensure that, at least once every five years, the mitigation plan is updated in accordance with subsection (10) to include information obtained while monitoring the effects of the survey under subsection (14).
5. The person must conduct monitoring, prepare and retain records, and submit reports in accordance with subsections (14) to (17).
6. If the person or an employee or agent of the person observes a species identified in the notice of activity form in the course of carrying out the survey, the person must ensure that, within three months of the observation, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario is completed, detailing the species and number of individual members that were observed, the date and location of observation and any other information requested on the form.
(10) The mitigation plan referred to in subparagraph 1 ii of subsection (9) and the update of the plan referred to in subparagraph 4 iv of subsection (9) shall be prepared by one or more persons described in subsection (11) and shall include the following information:
1. The name and contact information of the person carrying out the species at risk survey.
2. The following information with respect to the survey:
i. a description of the survey, including an explanation of its nature and purpose,
ii. the proposed start and completion dates of the survey,
iii. a description of all of the stages of the survey and a timeline for each stage, and
iv. a description of the location of the survey.
3. The identity of each species that is the object of the survey and an assessment of the likely effects of the survey on the members of the species.
4. The title, author and date of the protocol that meets the requirements of subsection (13) and that will be followed in carrying out the survey and confirmation that the protocol is designed to achieve the objective of the survey and that it applies in respect of,
i. the location at which the survey will be carried out, and
ii. the species at risk that is the object of the survey and all relevant life stages of the species.
5. If the protocol that will be followed is a protocol described in paragraph 3 of subsection (13), a copy of the protocol.
6. Details of each step described in subsection (12) that will be taken to minimize the adverse effects of the survey on the members of the species, including the dates and locations at which the steps will be taken.
7. If the survey requires the handling of a member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that is an amphibian, bird, reptile, mammal or fish, procedures that will be followed relating to the handling and care of the member, including,
i. procedures relating to the appropriate treatment that will be provided to a member of the species if it becomes sick or accidentally injured as a result of the survey, and
ii. if the procedures referred to in subparagraph i include procedures to be followed by the person when euthanizing members of the species, the procedures for euthanasia.
8. A written opinion prepared by an animal care committee established under subsection 17 (1) of the Animals for Research Act, stating whether the procedures referred to in paragraph 7 provide for the proper handling and care of the species.
9. Details of each step that will be taken to monitor the effects of the survey on members of the species that are the object of the survey and the effectiveness of the steps taken to minimize adverse effects on the species.
(11) The mitigation plan and any update to the plan shall be prepared by one or more persons with expertise in relation to every species that is the object of the species at risk survey using the best available information on steps that may help avoid or minimize adverse effects on the species, which includes consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available.
(12) The following are the steps referred to in paragraph 6 of subsection (10):
1. Ensuring that the species at risk survey is carried out by or under the supervision of a person with expertise related to the part of the survey that the person is carrying out, including having expertise in either or both of the following areas:
i. the biology and ecology of each species that is the object of the survey, or a species with largely the same suite of biological and ecological traits as that species, or
ii. conservation genetics or other relevant conservation sciences.
2. Before the species at risk survey is carried out, providing training with respect to the following subjects to each person who carries out any part of the survey that is likely to adversely affect the species:
i. procedures referred to in paragraph 7 of subsection (10) relating to the handling and care of any animal species that is the object of the survey, and
ii. the steps that must be taken under paragraphs 3 and 4 to minimize adverse effects on members of the species and its habitat.
3. Using the best available information to avoid or minimize adverse effects on the species and their habitat when conducting the species at risk survey.
4. Taking all reasonable steps to avoid the spread of diseases or pests to, or compromise the genetic integrity of, members of the species that are the object of the species at risk survey.
5. Ensuring that, if a member or a part of a member of the species that is the object of the species at risk survey is captured, collected or taken while the survey is being conducted,
i. the member, if living, is not,
A. possessed for longer than is necessary to carry out the part of the survey for which the capture, collection or taking was required or to complete the procedures for the treatment of injured or sick animals or for the euthanasia of such an animal, or
B. removed from the area in which it was captured or taken unless the removal is necessary to complete the procedures for the treatment or the euthanasia of injured or sick animals, and
ii. the member, if dead, or a part of the member is not possessed for longer than is necessary to carry out the part of the survey for which the capture, collection or taking was required.
(13) The protocol referred to in paragraph 4 of subsection (10) shall be one of the following:
1. A protocol that has been published by the Government of Ontario and that is available on a website maintained by the Government of Ontario or available from the branch of the Ministry that is responsible for species at risk on request.
2. A protocol that has been listed by the branch of the Ministry that is responsible for species at risk on a website maintained by the Government of Ontario.
3. If a protocol for the species at risk survey has not been published or listed in accordance with paragraph 1 or 2, a protocol, prepared by a person with expertise related to the species that is the object of the survey, that uses,
i. the best available scientific methods, standards and information, including, as necessary, statistical methods of estimating detectability, population size and other relevant demographic parameters, and
ii. one of the following sampling or search effort intensities,
A. a sampling intensity sufficient to estimate the rate of occupancy at the spatial scale of the survey such that the standard error of accuracy is expected to be no greater than 5 per cent, if the survey is conducted for the purpose of determining abundance other than absolute abundance,
B. a sampling intensity sufficient to estimate population size such that the 95 per cent confidence intervals of the estimate are expected to overlap the actual population size and the relative error of accuracy is expected to be no greater than 5 per cent, if the survey is conducted for the purpose of determining absolute abundance of a species, or
C. a search effort intensity sufficient to detect the species at the spatial scale of the survey with a probability of at least 95 per cent, if the survey is conducted for the purpose of determining presence or absence of a species.
(14) For the purposes of paragraph 5 of subsection (9), the following shall be monitored:
1. The effects of the species at risk survey on each species that is the object of the survey.
2. The effectiveness of the steps taken to minimize adverse effects of the species at risk survey on each species.
(15) For the purposes of paragraph 5 of subsection (9), a record of the following information shall be prepared and retained for at least five years after it is prepared:
1. The effects of the species at risk survey on each species that is the object of the survey.
2. Each step taken to minimize the adverse effects of the species at risk survey on each species that is the object of the survey, including the location at which the step was taken and an assessment of the effectiveness of the step.
3. The name of each person who was responsible for carrying out or supervising the species at risk survey and a description of the part of the survey the person carried out and their relevant expertise.
4. The total number of members of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that is an amphibian, bird, reptile, mammal or fish euthanized as a result of conducting the species at risk survey and, for each member that was euthanized,
i. the reason the member of the species required euthanasia,
ii. the name and contact information of the person who carried out the euthanasia,
iii. a summary of the person’s expertise related to the species and training in the euthanasia procedures outlined in the mitigation plan, and
iv. the name, position and contact information of the member of the College of Veterinarians of Ontario or employee of the Ministry who advised of the need for euthanasia.
5. For each species that is the object of the species at risk survey, a summary of any injuries, complications or deaths, other than deaths referred to in paragraph 4, that occurred as a result of conducting the survey.
(16) The person who carries out a species at risk survey shall provide a copy of the record created under subsection (15) to the Ministry within 14 days after receiving a request for it.
(17) For the purposes of paragraph 5 of subsection (9), within 180 days after the species at risk survey is completed, a report containing a statement that the report has been prepared under this section and containing the following information shall be submitted to the Ministry:
1. A description of the survey, including its purpose and a description of the survey area.
2. A summary of each stage of the survey, including the timing and location of each stage.
3. A description of the survey methods used, including the sampling or search effort intensity and the related error of accuracy, confidence interval or probability that was applied.
4. The title, author and date of the protocol that was followed and, if the protocol followed was a protocol described in paragraph 3 of subsection (13), a copy of the protocol.
5. The results of the survey, including conclusions about the presence, absence or abundance within the survey area of each species that is the object of the survey.
6. A copy of the records created under subsection (15).
16. (1) Sub-clause 23.19 (1) (f) (ii) of the Regulation is amended by striking out “subsections (2) and (3)” and substituting “section 23.3”.
(2) Subsections 23.19 (2), (3) and (4) of the Regulation are revoked.
(3) Subsection 23.19 (5) of the Regulation is amended by striking out “subsections (1) to (4)” and substituting “subsection (1)”.
17. The Regulation is amended by striking out “the Ministry website” wherever it appears and substituting in each case “a website maintained by the Government of Ontario”.
18. The French version of the Regulation is amended by,
(a) striking out “ramasser” in paragraph 8 of subsection 23.16 (6) and substituting “collectionner”;
(b) striking out “ramassé” wherever it occurs in paragraph 8 of subsection 23.16 (6), paragraph 4 of subsection 23.17 (9) and paragraph 3 of subsection (11) and substituting in each case “collectionné”;
(c) striking out “au ramassage” in the portions of subsections 23.16 (10) and 23.17 (12) before their respective clause (a) and substituting in each case “à la collection”; and
(d) striking out “le ramassage” in clauses 23.16 (10) (b) and 23.17 (12 (b) and substituting in each case “la collection”.
Commencement
19. (1) Subject to subsection (2), this Regulation comes into force on the later of December 1, 2021 and the day it is filed.
(2) Section 3 and subsection 14 (12) come into force on April 1, 2022.