O. Reg. 179/14: GENERAL, Filed September 12, 2014 under Endangered Species Act, 2007, S.O. 2007, c. 6
ontario regulation 179/14
made under the
Endangered Species Act, 2007
Made: August 13, 2014
Filed: September 12, 2014
Published on e-Laws: September 12, 2014
Printed in The Ontario Gazette: September 27, 2014
Amending O. Reg. 242/08
(GENERAL)
1. Section 0.1 of Ontario Regulation 242/08 is amended by striking out “January 24, 2013” and substituting “June 27, 2014”.
2. (1) Subsection 23.4 (1) of the Regulation is amended by striking out “species listed in the Schedule to this section” at the end of the portion before paragraph 1 and substituting “species identified in Columns 3 and 4 of the Table to this section by its common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species”.
(2) Subsection 23.4 (4) of the Regulation is amended by striking out “species listed in the Schedule” and substituting “species identified in Columns 3 and 4 of the Table”.
(3) Subparagraph 2 iii of subsection 23.4 (6) of the Regulation is amended by striking out “species referred to in the Schedule” and substituting “species identified in Columns 3 and 4 of the Table”.
(4) Paragraph 4 of subsection 23.4 (8) of the Regulation is amended by striking out “species referred to in the Schedule” in the portion before subparagraph i and substituting “species identified in Columns 3 and 4 of the Table”.
(5) Subparagraph 4 i of subsection 23.4 (8) of the Regulation is amended by striking out “species referred to in the Schedule” and substituting “species identified in Columns 3 and 4 of the Table”.
(6) Paragraph 3 of subsection 23.4 (9) of the Regulation is amended by striking out “species referred to in the Schedule” and substituting “species identified in Columns 3 and 4 of the Table”.
(7) The Schedule to section 23.4 of the Regulation is revoked.
(8) Section 23.4 of the Regulation is amended by adding the following Table:
Table
Species to which section 23.4 applies
Column 1 Item |
Column 2 Species Grouping |
Column 3 Common Name |
Column 4 Scientific Name |
1. |
Molluscs |
Eastern Pondmussel |
Ligumia nasuta |
2. |
Molluscs |
Fawnsfoot |
Truncilla donaciformis |
3. |
Molluscs |
Hickorynut |
Obovaria olivaria |
4. |
Molluscs |
Kidneyshell |
Ptychobranchus fasciolaris |
5. |
Molluscs |
Lilliput |
Toxolasma parvum |
6. |
Molluscs |
Mapleleaf Mussel |
Quadrula quadrula |
7. |
Molluscs |
Rainbow Mussel |
Villosa iris |
8. |
Molluscs |
Rayed Bean |
Villosa fabalis |
9. |
Molluscs |
Round Pigtoe |
Pleurobema sintoxia |
10. |
Molluscs |
Salamander Mussel |
Simpsonaias ambigua |
11. |
Molluscs |
Snuffbox |
Epioblasma triquetra |
12. |
Molluscs |
Threehorn Wartyback |
Obliquaria reflexa |
13. |
Molluscs |
Wavy-rayed Lampmussel |
Lampsilis fasciola |
14. |
Fishes |
Black Redhorse |
Moxostoma duquesnei |
15. |
Fishes |
Channel Darter |
Percina copelandi |
16. |
Fishes |
Cutlip Minnow |
Exoglossum maxillingua |
17. |
Fishes |
Eastern Sand Darter |
Ammocrypta pellucida |
18. |
Fishes |
Pugnose Shiner |
Notropis anogenus |
19. |
Fishes |
Redside Dace |
Clinostomus elongatus |
20. |
Fishes |
Silver Shiner |
Notropis photogenis |
21. |
Fishes |
Spotted Gar |
Lepisosteus oculatus |
3. Subsection 23.6 (5) of the Regulation is revoked and the following substituted:
(5) A habitat management plan shall be prepared by one or more persons with expertise in relation to bobolink or eastern meadowlark, or both, as the case may be, using the best available information on steps that may help minimize or avoid adverse effects on the species to which the plan relates, which includes consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available.
4. (1) Subsection 23.9 (2) of the Regulation is revoked and the following substituted:
(2) This section does not apply with respect to a species identified in Columns 3 and 4 of the Table to this subsection by its common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species, except in the circumstances described in subsection (3).
Table
Excluded Species
Column 1 Item |
Column 2 Species Grouping |
Column 3 Common Name |
Column 4 Scientific Name |
1. |
Vascular plants |
Cherry Birch |
Betula lenta |
2. |
Vascular plants |
False Hop Sedge |
Carex lupuliformis |
3. |
Vascular plants |
False Rue-anemone |
Enemion biternatum |
4. |
Vascular plants |
Heart-leaved Plantain |
Plantago cordata |
5. |
Vascular plants |
Scarlet Ammannia |
Ammannia robusta |
6. |
Vascular plants |
Toothcup |
Rotala ramosior |
7. |
Insects |
Bogbean Buckmoth |
Hemileuca sp |
8. |
Fishes |
Pugnose Minnow |
Opsopoeodus emiliae |
9. |
Amphibians |
Small-mouthed Salamander |
Ambystoma texanum |
10. |
Mammals |
Grey Fox |
Urocyon cinereoargenteus |
(2) Subsection 23.9 (3) of the Regulation is amended by striking out “paragraphs 1 to 10 of subsection (2)” in the portion before clause (a) and substituting “the Table to subsection (2)”.
(3) Paragraph 1 of subsection 23.9 (10) of the Regulation is amended by striking out “on January 24, 2013, the third anniversary of that day” and substituting “on or after January 24, 2013, but no later than the date specified in section 0.1, the third anniversary of the day the species was so added”.
5. Paragraph 1 of subsection 23.10 (6) of the Regulation is amended by striking out “on January 24, 2013, the second anniversary of that day” and substituting “on or after January 24, 2013, but no later than the date specified in section 0.1, the second anniversary of the day the species was so added”.
6. Paragraph 1 of subsection 23.12 (2) of the Regulation is amended by striking out “on January 24, 2013, the third anniversary of that day” and substituting “on or after January 24, 2013, but no later than the date specified in section 0.1, the third anniversary of the day the species was so added”.
7. (1) Subsections 23.13 (1) and (2) of the Regulation are revoked and the following substituted:
Transition - development ongoing when species first listed, etc.
(1) In this section,
“effective date” means,
(a) with respect to a relevant species other than a transition species, the date on which the species was listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, being,
(i) in the case of a 2013-listed species, January 24, 2013, and
(ii) in the case of a 2014-listed species, June 27, 2014, and
(b) with respect to a transition species, June 30, 2013, being the date on which clause 10 (1) (a) of the Act began to apply to the species; (“date d’effet”)
“relevant species” means a transition species, a 2013-listed species or a 2014-listed species; (“espèce concernée”)
“transition species” means the species identified in Columns 3 and 4 of Table 1 to this section by their common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species, which include,
(a) all species originally referred to in Schedule 3 or 4 to the Act, to which clause 10 (1) (a) of the Act did not apply until June 30, 2013, but not including any such species that was reclassified in accordance with sections 5, 6 and 7 of the Act after June 30, 2008, and
(b) the species known as massasauga (Great Lakes/St. Lawrence population); (“espèce touchée par des mesures transitoires”)
“2013-listed species” means those species that were listed on the Species at Risk in Ontario List as endangered or threatened species for the first time in 2013 and that are identified in Columns 3 and 4 of Table 2 to this section by their common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species; (“espèce inscrite en 2013”)
“2014-listed species” means those species that were listed on the Species at Risk in Ontario List as endangered or threatened species for the first time in 2014 and that are identified in Columns 3 and 4 of Table 3 to this section by their common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species. (“espèce inscrite en 2014”)
(2) Subsections (5) to (15) apply with respect to an activity listed in Column 2 of the Table to this subsection that may have an adverse effect on a relevant species if,
(a) the action or approval that is a prerequisite to carrying out the activity and is listed in Column 3 of the Table is completed or obtained before the effective date for the relevant species, or within two years of that date; and
(b) the activity is commenced within the time period specified in subsection (2.1).
Table
Activities and prerequisite actions and approvals
Column 1 Item |
Column 2 Activity |
Column 3 Prerequisite action or approval |
1. |
Constructing drainage works under an agreement under subsection 2 (2) of the Drainage Act |
Filing of agreement under subsection 2 (2) of the Drainage Act |
2. |
Constructing drainage works in respect of which an engineer’s report was adopted under subsection 45 (1) of the Drainage Act |
Adoption of engineer’s report under subsection 45 (1) of the Drainage Act |
3. |
Laying down highways and lots upon the ground within a plan of subdivision under the authority of subsection 51 (57) of the Planning Act |
Approval of the draft plan of subdivision under the Planning Act |
4. |
Development of land within a plan of subdivision approved under the Planning Act, including a plan of subdivision registered under the Registry Act or the Land Titles Act |
Approval of draft plan of subdivision under the Planning Act |
5. |
Development in an area designated as a site plan control area under subsection 41 (2) of the Planning Act and in respect of which appropriate approvals have been obtained under subsection 41 (4) of that Act |
Granting of appropriate approvals under the Planning Act |
6. |
Development that is authorized by a development permit issued under Ontario Regulation 608/06 (Development Permits) made under the Planning Act after 2005 |
Issuance of development permit |
7. |
Development of a unit within the meaning of the Condominium Act, 1998, including a unit in respect of which a declaration and description are registered under the Land Titles Act, in respect of which a declaration and description are approved or exempted under section 9 of the Condominium Act, 1998 |
Approval or exemption of declaration and description |
8. |
Carrying out an undertaking in respect of which approval to proceed was given under Part II of the Environmental Assessment Act |
Granting of approval to proceed with the undertaking |
9. |
Carrying out an undertaking to which a class environmental assessment approved under Part II.1 of the Environmental Assessment Act applies and in respect of which the requirements that are necessary to proceed with the undertaking under the class environmental assessment have been satisfied |
Meeting the necessary requirements |
10. |
Carrying out a transit project, as defined in subsection 1 (1) of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Environmental Assessment Act, in respect of which the Minister has given a notice to proceed with the transit project under clause 12 (1) (a) or (c) of Ontario Regulation 231/08 |
Giving of notice to proceed with the transit project |
11. |
Carrying out an undertaking that is designated as an undertaking to which the Environmental Assessment Act applies under Ontario Regulation 116/01 (Electricity Projects) made under that Act, that is required under that regulation to be carried out in accordance with the Environmental Screening Process described in that regulation and in respect of which all the requirements of the Environmental Screening Process that are necessary to proceed with the undertaking have been satisfied |
Meeting all the necessary requirements of the Environmental Screening Process |
12. |
Carrying out an undertaking that is designated as an undertaking to which the Environmental Assessment Act applies under Ontario Regulation 101/07 (Waste Management Projects) made under that Act, that is required under that regulation to be carried out in accordance with the Environmental Screening Process for Waste Management Projects described in that regulation and in respect of which all the requirements of the Environmental Screening Process for Waste Management Projects that are necessary to proceed with the undertaking have been satisfied |
Meeting all the necessary requirements of the Environmental Screening Process for Waste Management Projects |
13. |
Constructing a hydrocarbon line or station under the authority of an order made under Part VI of the Ontario Energy Board Act, 1998 |
Making the order under Part VI of the Ontario Energy Board Act, 1998 |
14. |
Constructing a renewable energy generation facility under the authority of, and in accordance with, a renewable energy approval issued under Part V.0.1 of the Environmental Protection Act |
Issuance of the renewable energy approval under Part V.0.1 of the Environmental Protection Act |
15. |
An activity described in section 3 of Ontario Regulation 350/12 (Registrations under Part II.2 of the Act — Solar Facilities) made under the Environmental Protection Act in respect of which a confirmation of registration has been provided under section 20.22 of that Act by the Director appointed under section 5 of that Act |
Provision of confirmation of registration under section 20.22 of the Environmental Protection Act |
16. |
Advanced exploration carried out under Part VII of the Mining Act in respect of which the Director of Mine Rehabilitation has issued a written acknowledgement of receipt of a certified closure plan under subsection 140 (5) of that Act or a written notice of filing of amendments to a certified closure plan under subsection 143 (8) of that Act |
Receipt of written acknowledgement or notice from the Director of Mine Rehabilitation |
17. |
Mine production carried out under Part VII of the Mining Act in respect of which the Director of Mine Rehabilitation has issued a written acknowledgement of receipt of a certified closure plan under clause 141 (4) (a) of that Act or a written notice of filing of amendments to a certified closure plan under subsection 143 (8) of that Act |
Receipt of written acknowledgement or notice from the Director of Mine Rehabilitation |
18. |
Rehabilitation of a mine hazard in compliance with a certified closure plan filed pursuant to an order made under subsection 147 (1) of the Mining Act |
Filing of certified closure plan |
19. |
Voluntary rehabilitation of a mine hazard that was approved by the Director of Mine Rehabilitation under section 139.2 of the Mining Act |
Granting of approval by the Director of Mine Rehabilitation |
(2.1) For the purposes of clause (2) (b), an activity listed in Column 2 of the Table to subsection (2) that may have an adverse effect on a relevant species must have been commenced within a time period that begins at any time before the effective date for the relevant species and ends after the effective date, but no later than,
(a) in the case of a transition species, June 30, 2015;
(b) in the case of a 2013-listed species,
(i) the fifth anniversary of the day the prerequisite action or approval listed in Column 3 of the Table to subsection (2) was completed or obtained, or
(ii) if the prerequisite action or approval was completed or obtained before June 30, 2010, June 30, 2015; or
(c) in the case of a 2014-listed species,
(i) the fifth anniversary of the day the prerequisite action or approval listed in Column 3 of the Table to subsection (2) was completed or obtained, or
(ii) if the prerequisite action or approval was completed or obtained before June 30, 2011, June 30, 2016.
(2) Subsection 23.13 (3) of the Regulation is amended by striking out “paragraph 8, 9 or 11 of” and substituting “item 8, 9 or 11 of the Table to”.
(3) Subsection 23.13 (4) of the Regulation is amended by striking out “Schedule to that section” and substituting “Table to that section”.
(4) Subsection 23.13 (5) of the Regulation is amended by striking out “newly-listed species or transition” and substituting “relevant”.
(5) Subsection 23.13 (6) of the Regulation is amended by striking out “newly-listed species” and substituting “relevant species other than a transition species”.
(6) Subparagraph 2 iv of subsection 23.13 (7) of the Regulation is amended by striking out “newly-listed or transition” and substituting “relevant”.
(7) Paragraph 3 of subsection 23.13 (7) of the Regulation is revoked and the following substituted:
3. The person must give the notice of activity form before the activity is commenced or,
i. in the case of an activity that may have an adverse effect on a transition species or a 2013-listed species and that has already commenced on June 30, 2013, promptly after that date, or
ii. in the case of an activity that may have an adverse effect on a 2014-listed species and that has already commenced on September 12, 2014, promptly after that date.
(8) Subsection 23.13 (8) of the Regulation is amended by striking out “species” in the portion before paragraph 1 and substituting “relevant species”.
(9) Subsection 23.13 (9) of the Regulation is amended by striking out “every species that is the subject of the plan” and substituting “every relevant species that is the subject of the plan”.
(10) Paragraph 2 of subsection 23.13 (10) of the Regulation is amended by striking out “newly-listed species or transition” and substituting “relevant” and by striking out “newly-listed or transition” and substituting “relevant”.
(11) Clauses 23.13 (13) (a) and (b) of the Regulation are amended by striking out “species” wherever it occurs and substituting in each case “relevant species”.
(12) Subsection 23.13 (14) of the Regulation is amended by striking out “newly-listed or transition” and substituting “relevant”.
(13) Subsection 23.13 (15) of the Regulation is amended by striking out “species” in the portion before clause (a) and substituting “relevant species”.
(14) Subsection 23.13 (16) of the Regulation is amended by striking out “newly-listed or transition” and substituting “relevant”.
(15) Subsection 23.13 (17) of the Regulation is amended by striking out “a newly-listed species” and substituting “a relevant species, other than a transition species”.
(16) Subsection 23.13 (18) of the Regulation is amended by striking out “species” in the portion immediately before clause (a) and substituting “relevant species”.
(17) Subsection 23.13 (19) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(19) Clause 10 (1) (a) of the Act does not apply to a person who damages or destroys the habitat of a transition species after June 30, 2013 while carrying out an activity that was authorized by a permit issued under section 17 of the Act before June 30, 2013 if,
(18) Section 23.13 of the Regulation is amended by adding the following Tables:
Table 1
Transition Species
Column 1 Item |
Column 2 Species Grouping |
Column 3 Common Name |
Column 4 Scientific Name |
1. |
Lichens |
Flooded Jellyskin |
Leptogium rivulare |
2. |
Vascular Plants |
American Chestnut |
Castanea dentata |
3. |
Vascular Plants |
American Columbo |
Frasera caroliniensis |
4. |
Vascular Plants |
American Ginseng |
Panax quinquefolius |
5. |
Vascular Plants |
American Water-willow |
Justicia americana |
6. |
Vascular Plants |
Branched Bartonia |
Bartonia paniculata |
7. |
Vascular Plants |
Bluehearts |
Buchnera americana |
8. |
Vascular Plants |
Butternut |
Juglans cinerea |
9. |
Vascular Plants |
Cherry Birch |
Betula lenta |
10. |
Vascular Plants |
Colicroot |
Aletris farinosa |
11. |
Vascular Plants |
Common Hoptree |
Ptelea trifoliata |
12. |
Vascular Plants |
Deerberry |
Vaccinium stamineum |
13. |
Vascular Plants |
Dense Blazing Star |
Liatris spicata |
14. |
Vascular Plants |
Dwarf Hackberry |
Celtis tenuifolia |
15. |
Vascular Plants |
False Rue-anemone |
Enemion biternatum |
16. |
Vascular Plants |
Forked Three-awned Grass |
Aristida basiramea |
17. |
Vascular Plants |
Gattinger’s Agalinis |
Agalinis gattingeri |
18. |
Vascular Plants |
Goldenseal |
Hydrastis canadensis |
19. |
Vascular Plants |
Hill’s Thistle |
Cirsium hillii |
20. |
Vascular Plants |
Houghton’s Goldenrod |
Solidago houghtonii |
21. |
Vascular Plants |
Kentucky Coffee-tree |
Gymnocladus dioicus |
22. |
Vascular Plants |
Lakeside Daisy |
Tetraneuris herbacea |
23. |
Vascular Plants |
Round-leaved Greenbrier |
Smilax rotundifolia |
24 |
Vascular Plants |
Scarlet Ammannia |
Ammannia robusta |
25. |
Vascular Plants |
Small-flowered Lipocarpha |
Lipocarpha micrantha |
26. |
Vascular Plants |
Toothcup |
Rotala ramosior |
27. |
Vascular Plants |
White Prairie Gentian |
Gentiana alba |
28. |
Vascular Plants |
White Wood Aster |
Eurybia divaricata |
29. |
Vascular Plants |
Wild Hyacinth |
Camassia scilloides |
30. |
Vascular Plants |
Willowleaf Aster |
Symphyotrichum praealtum |
31. |
Molluscs |
Kidneyshell |
Ptychobranchus fasciolaris |
32. |
Molluscs |
Mapleleaf Mussel |
Quadrula quadrula |
33. |
Molluscs |
Northern Riffleshell |
Epioblasma torulosa rangiana |
34. |
Molluscs |
Rainbow Mussel |
Villosa iris |
35. |
Molluscs |
Rayed Bean |
Villosa fabalis |
36. |
Molluscs |
Round Hickorynut |
Obovaria subrotunda |
37. |
Molluscs |
Round Pigtoe |
Pleurobema sintoxia |
38. |
Molluscs |
Salamander Mussel |
Simpsonaias ambigua |
39. |
Molluscs |
Snuffbox |
Epioblasma triquetra |
40. |
Insects |
Aweme Borer Moth |
Papaipema aweme |
41. |
Fishes |
American Eel |
Anguilla rostrata |
42. |
Fishes |
Black Redhorse |
Moxostoma duquesnei |
43. |
Fishes |
Channel Darter |
Percina copelandi |
44. |
Fishes |
Cutlip Minnow |
Exoglossum maxillingua |
45. |
Fishes |
Lake Chubsucker |
Erimyzon sucetta |
46. |
Fishes |
Northern Madtom |
Noturus stigmosus |
47. |
Fishes |
Shortjaw Cisco |
Coregonus zenithicus |
48. |
Fishes |
Shortnose Cisco |
Coregonus reighardi |
49. |
Fishes |
Spotted Gar |
Lepisosteus oculatus |
50 |
Amphibians |
Allegheny Mountain Dusky Salamander |
Desmognathus ochrophaeus |
51. |
Amphibians |
Small-mouthed Salamander |
Ambystoma texanum |
52. |
Reptiles |
Blanding’s Turtle |
Emydoidea blandingii |
53. |
Reptiles |
Eastern Hog-nosed Snake |
Heterodon platirhinos |
54. |
Reptiles |
Massasauga (Great Lakes/ St. Lawrence population) |
Sistrurus catenatus |
55. |
Reptiles |
Spiny Softshell |
Apalone spinifera |
56. |
Reptiles |
Spotted Turtle |
Clemmys guttata |
57. |
Birds |
Acadian Flycatcher |
Empidonax virescens |
58. |
Birds |
Least Bittern |
Ixobrychus exilis |
59. |
Birds |
Northern Bobwhite |
Colinus virginianus |
60. |
Mammals |
Grey Fox |
Urocyon cinereoargenteus |
61. |
Mammals |
Wolverine |
Gulo gulo |
62. |
Mammals |
Woodland Caribou (Forest-dwelling boreal population) |
Rangifer tarandus caribou |
Table 2
2013-listed species
Column 1 Item |
Column 2 Species Grouping |
Column 3 Common Name |
Column 4 Scientific Name |
1. |
Fishes |
Pugnose Minnow |
Opsopoeodus emiliae |
2. |
Fishes |
Silver Chub |
Macrhybopsis storeriana |
3. |
Birds |
Yellow-breasted Chat |
Icteria virens |
4. |
Mammals |
Little Brown Myotis |
Myotis lucifugus |
5. |
Mammals |
Northern Myotis |
Myotis septentrionalis |
Table 3
2014-listed species
Column 1 Item |
Column 2 Species Grouping |
Column 3 Common Name |
Column 4 Scientific Name |
1. |
Molluscs |
Lilliput |
Toxolasma paryum |
2. |
Molluscs |
Threehorn Wartyback |
Obliquaria reflexa |
3. |
Birds |
Bank Swallow |
Riparia riparia |
4. |
Mammals |
Eastern Small-footed Myotis |
Myotis leibii |
8. (1) Subsection 23.14 (2) of the Regulation is revoked and the following substituted:
(2) This section does not apply with respect to a species identified in Columns 3 and 4 of the following Table by its common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species:
Table
Species to which section 23.14 does not apply
Column 1 Item |
Column 2 Species Grouping |
Column 3 Common Name |
Column 4 Scientific Name |
1. |
Vascular plants |
Virginia Mallow |
Sida hermaphrodita |
2. |
Amphibians |
Small-mouthed Salamander |
Ambystoma texanum |
3. |
Reptiles |
Blue Racer |
Coluber constrictor foxii |
4. |
Reptiles |
Butler’s Gartersnake |
Thamnophis butler |
5. |
Reptiles |
Common Five-lined Skink (Carolinian population) |
Plestiodon fasciatus |
6. |
Birds |
Henslow’s Sparrow |
Ammodramus henslowii |
7. |
Birds |
Yellow-breasted Chat |
Icteria virens |
(2) Clause 23.14 (3) (b) of the Regulation is amended by striking out “on January 24, 2013” in the portion before subclause (i) and substituting “on or after January 24, 2013, but no later than the date specified in section 0.1”.
(3) Subclause 23.14 (3) (b) (i) of the Regulation is amended by striking out “before January 24, 2013” at the end and substituting “before the date the species was listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time”.
(4) Subclause 23.14 (3) (b) (iii) of the Regulation is revoked and the following substituted:
(iii) the pit or quarry begins operations after the date the species was listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, so long as on or before the second anniversary of that date,
(A) an application for a licence, wayside permit or aggregate permit has been made under the Aggregate Resources Act in respect of the land comprising the pit or quarry, and
(B) the Ministry has given the applicant notice that the application complies with the requirements of the Aggregate Resources Act.
(5) Paragraph 1 of subsection 23.14 (6) of the Regulation is amended by striking out “on January 24, 2013, the second anniversary of that day” and substituting “on or after January 24, 2013, but no later than the date specified in section 0.1, the second anniversary of the day the species was so added”.
9. Subsection 23.18 (8) of the Regulation is revoked and the following substituted:
(8) Subsection (3) does not apply with respect to a species identified in Columns 3 and 4 of the Table to this subsection by its common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species:
table
Species to which subsection 23.18 (3) does not apply
Column 1 Item |
Column 2 Species Grouping |
Column 3 Common Name |
Column 4 Scientific Name |
1. |
Vascular plants |
Bird’s-foot Violet |
Viola pedata |
2. |
Vascular plants |
Bluehearts |
Buchnera americana |
3. |
Vascular plants |
Forked Three-awned Grass |
Aristida basiramea |
4. |
Vascular plants |
Heart-leaved Plantain |
Plantago cordata |
5. |
Vascular plants |
Juniper Sedge |
Carex juniperorum |
6. |
Vascular plants |
Spotted Wintergreen |
Chimaphila maculate |
7. |
Vascular plants |
Virginia Goat’s-rue |
Tephrosia virginiana |
8. |
Vascular plants |
Virginia Mallow |
Sida hermaphrodita |
9. |
Insects |
Mottled Duskywing |
Erynnis martialis |
10. |
Reptiles |
Massasauga (Carolinian population) |
Sistrurus catenatus |
10. Paragraph 1 of subsection 23.20 (5) of the Regulation is amended by striking out “on January 24, 2013, the third anniversary of that day” at the end and substituting “on or after January 24, 2013, but no later than the date specified in section 0.1, the third anniversary of the day the species was so added”.
Commencement
11. This Regulation comes into force on the day it is filed.