O. Reg. 437/09: GENERAL, Filed November 18, 2009 under Endangered Species Act, 2007, S.O. 2007, c. 6

ontario regulation 437/09

made under the

endangered species act, 2007

Made: September 17, 2009
Filed: November 18, 2009
Published on e-Laws: November 20, 2009
Printed in The Ontario Gazette: December 5, 2009

Amending O. Reg. 242/08

(General)

1. Ontario Regulation 242/08 is amended by adding the following sections after the heading “Habitat”:

American badger habitat

24. For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the American badger:

1. An American badger den that is being used by an American badger or was used by an American badger at any time during the previous 12 months.

2. The area within five metres of the entrance of a den described in paragraph 1.

3. A woodchuck burrow or Franklin’s ground squirrel burrow that,

i. is being used by a woodchuck or Franklin’s ground squirrel or was used by a woodchuck or Franklin’s ground squirrel at any time in the past, and

ii. is within 850 metres of a den described in paragraph 1.

Barn owl habitat

24.1 For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the barn owl:

1. A nesting or roosting site that is being used by a barn owl or was used by a barn owl at any time during the previous 12 months.

2. A barn, building or other structure, or a tree or other natural feature, on or in which a nesting or roosting site described in paragraph 1 is located.

3. If a nesting or roosting site described in paragraph 1 is located on a tree or other natural feature, the area within 25 metres of the base of the tree or other natural feature.

4. Those parts of the area within one kilometre of an area described in paragraph 1 or 2 that provide suitable foraging conditions for a barn owl.

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

Wood turtle habitat

31. For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the wood turtle:

1. In the regional municipalities of Halton, Niagara and Waterloo and the counties of Huron and Simcoe,

i. any part of a river, stream or other body of water, up to the high water mark, that is being used by a wood turtle or on which a wood turtle directly depends in order to carry on its life processes,

ii. any part of a river, stream or other body of water up to the high water mark that is within 2000 metres of the area described in subparagraph i and that provides suitable conditions for a wood turtle to carry out its life processes, 

iii. the area above the high water mark that is within 200 metres of an area described in subparagraph i or ii, and

iv. an area above the high water mark that is not described in subparagraph iii and that is being used by a wood turtle as a nesting site or that is within 300 metres of that area.

2. In the territorial districts of Algoma, Nipissing and Parry Sound, the City of Greater Sudbury, and the County of Renfrew,

i. any part of a river, stream or other body of water, up to the high water mark, that is being used by a wood turtle or on which a wood turtle directly depends in order to carry on its life processes,

ii. any part of a river, stream or other body of water up to the high water mark that is within 6,000 metres of the area described in subparagraph i and that provides suitable conditions for a wood turtle to carry out its life processes, 

iii. the area above the high water mark that is within 500 metres of an area described in subparagraph i or ii, and

iv. an area above the high water mark that is not described in subparagraph iii and that is being used by a wood turtle as a nesting site or that is within 300 metres of that area.

3. This Regulation comes into force three months after the day it is filed.