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O. Reg. 702/21: GENERAL

filed October 14, 2021 under Invasive Species Act, 2015, S.O. 2015, c. 22

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ontario regulation 702/21

made under the

Invasive Species Act, 2015

Made: September 29, 2021
Filed: October 14, 2021
Published on e-Laws: October 14, 2021
Printed in The Ontario Gazette: October 30, 2021

Amending O. Reg. 354/16

(GENERAL)

1. Section 1 of Ontario Regulation 354/16 is amended by striking out “1, 2, 3 and 4” and substituting “1, 2, 3, 3.1, 4 and 5”.

2. Section 2 of the Regulation is amended by adding the following subsection:

(4) The species of insects listed in Table 3.1 are classified as prohibited invasive species for the purposes of the Act.

3. Section 3 of the Regulation is amended by adding the following subsection:

(2) The species of mammals listed in Table 5 are classified as restricted invasive species for the purposes of the Act.

4. Section 4 of the Regulation is revoked and the following substituted:

Prohibited activities, restricted invasive species — plants

4. The following activities are prohibited for the purposes of subsection 8 (3) of the Act with respect to the restricted invasive species listed in Table 4 of this Regulation:

1.  Bringing a member of the species into Ontario or causing it to be brought into Ontario, except in the circumstances described in section 5 and in subsection 8 (1).

2.  Possessing or transporting a member of the species in a provincial park or conservation reserve, except in the circumstances described in section 5 and subsection 8 (1).

3.  Propagating members of the species.

4.  Buying, selling, leasing or trading or offering to buy, sell, lease or trade a member of the species.

Prohibited activities, restricted invasive species — Eurasian wild boar, etc.

4.1 (1) In this section,

“Eurasian wild boar” means pigs that are members of Sus scrofa, including those commonly known as wild boar, European boar, Russian boar, old world swine, iron age pig and razorback, but does not include members of the subspecies Sus scrofa domesticus.

(2) For the purposes of subsection 8 (2) of the Act, no person shall do any of the following:

1.  Bring a live Eurasian wild boar into Ontario or cause it to be brought into Ontario.

2.  Possess or transport a live Eurasian wild boar.

3.  Buy, sell, lease or trade or offer to buy, sell, lease or trade a live Eurasian wild boar.

(3) No person shall propagate Eurasian wild boar.

(4) Subsections (2) and (3) do not apply until January 1, 2024 to a person who possessed live Eurasian wild boar on the day Ontario Regulation 702/21 came into force.

(5) Any person who possesses live Eurasian wild boar on the day Ontario Regulation 702/21 comes into force shall provide a written notice to the Minister that includes the following information:

1.  The name and contact information of the person in possession of the Eurasian wild boar.

2.  The number of Eurasian wild boars in the person’s possession and the location of the animals.

(6) The notice required under subsection (5) shall be given no later than March 1, 2022.

(7) Paragraph 2 of subsection (2) does not apply until January 1, 2024 to the following:

1.  The operator of an establishment identified in a licence that is issued under the Safe Food for Canadians Act (Canada) that authorizes the slaughter of food animals under that Act that receives live Eurasian wild boar from a person described in subsection (4) for the purpose of slaughter.

2.  A slaughter plant operating in accordance with the Food Safety and Quality Act, 2001 that receives live Eurasian wild boar from a person described in subsection (4) for the purpose of slaughter.

3.  A person transporting live Eurasian wild boar from a person described in subsection (4), provided that the animals remain securely contained in the transit vehicle at all times during transportation.

(8) Any reference in this section to Eurasian wild boar includes a reference to its gametes.

5. Section 5 of the Regulation is amended by adding “and subsections 14 (2), (4) and (5)” after “paragraphs 1 and 2 of section 4”.

6. Subsection 9 (2) of the Regulation is amended by adding the following paragraphs:

3.1  Prussian Carp.

. . . . .

5.1  Tench.

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

Prohibited species — human consumption

9.1 (1) Clauses 7 (a), (b), (c) and (e) of the Act do not apply with respect to a member of a prohibited invasive species identified in subsection (2) if it is dead and has been prepared for human consumption.

(2) Subsection (1) applies with respect to the following prohibited invasive species:

1.  Red Swamp Crayfish.

New Zealand mud snail — incidental possession, etc.

9.2 Clauses 7 (b) and (c) of the Act do not apply to the incidental possession, transport, deposit or release of New Zealand mud snail in the course of carrying out dredging if the dredging is carried out in accordance with the applicable laws of Ontario or Canada.

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

Pigs in provincial parks and conservation reserves

10.1 Clause 8 (1) (a) of the Act does not apply to a pig other than a live pig.

9. Sections 11 and 12 of the Regulation are revoked and the following substituted:

Deposit of restricted invasive species — plants

11. (1) A person who deposits a member of a restricted invasive species listed in Table 4 in an area outside of a provincial park or conservation reserve is exempt from clause 8 (1) (b) of the Act if the person does so in the course of carrying out any of the following activities:

1.  Activities to control or manage the species.

2.  Commercial, agricultural, maintenance or other activities carried out in accordance with subsection (2), the purpose of which is not to deposit the species.

(2) A person carrying out an activity described in subsection (1) shall take reasonable precautions to prevent the spread of the restricted invasive species outside the immediate area where the activity is taking place.

Application of s. 23 of the Act to restricted invasive species

12. (1) For the purposes of clause 23 (2) (a) of the Act, the following restricted invasive species are prescribed as species to which section 23 of the Act applies:

1.  Pigs.

(2) For the purposes of clause 23 (2) (b) of the Act, an order shall only be made under section 23 of the Act in respect of pigs if the pigs pose a risk to the natural environment, and the inspector has reasonable grounds to believe an order is required to prevent or reduce the risk.

Application of s. 27 of the Act to restricted invasive species

13. For the purposes of subsection 27 (2) of the Act, the following restricted invasive species are prescribed as species to which section 27 of the Act applies:

1.  Pigs.

Carriers

Prescribed carriers of invasive species, conveyances etc.

14. (1) For the purposes of section 6 of the Act, the following are prescribed as carriers to which the Act applies that are capable of facilitating the movement of invasive species from one place to another:

1.  Watercraft.

2.  Watercraft equipment.

(2) A person shall not transport watercraft or watercraft equipment overland unless,

(a)  any drain plugs or other devices used to control drainage have been removed or opened to allow water to drain out of the watercraft or watercraft equipment; and

(b)  reasonable measures have been taken to remove any aquatic plants, animals or algae from the watercraft, watercraft equipment and any vehicle or trailer used to transport the watercraft or watercraft equipment overland.

(3) Clause (2) (a) does not apply in respect of drain plugs or other devices used to control drainage of water in,

(a)  drinking water systems, marine sanitary systems or closed engine cooling systems; or

(b)  a livewell, if the person transporting the livewell overland is transporting live fish in the livewell pursuant to a licence to transport live fish issued under the Fish and Wildlife Conservation Act, 1997.

(4) In addition to complying with clause (2) (b), a person transporting a watercraft or watercraft equipment overland to a body of water shall, prior to reaching a launch site for the body of water, ensure the watercraft, watercraft equipment and any vehicle or trailer used to transport the watercraft or watercraft equipment does not have an aquatic plant, animal or algae attached to it.

(5) No person shall place a watercraft, watercraft equipment or any vehicle or trailer used to transport a watercraft into any body of water if the watercraft, watercraft equipment, vehicle or trailer has an aquatic plant, animal or algae attached to it.

(6) In this section,

“livewell” means a compartment designed to keep fish alive that is attached to or forms part of a watercraft; (“vivier”)

“watercraft” means any conveyance used or designed for navigation on water, including a motorboat, rowboat, canoe, punt, sailboat or raft; (“embarcation”)

“watercraft equipment” means any thing that is used to aid in the operation, movement or navigation of a watercraft including ropes, fenders or anchors. (“équipement d’embarcation”)

10. Table 1 of the Regulation is amended by adding the following items:

 

4.

Marbled Crayfish

Procambarus virginalis

5.

New Zealand Mud Snail

Potamopyrgus antipodarum

6.

Red Swamp Crayfish

Procambarus clarkii

 

11. Table 3 of the Regulation is amended by adding the following items:

 

3.1

Prussian Carp

Carassius gibelio

 

. . . . .

 

6.1

Tench

Tinca tinca

 

12. The Regulation is amended by adding the following Table:

table 3.1
Prohibited invasive species — insects

Item

Common Name

Scientific Name

1.

Mountain Pine Beetle

Dendroctonus ponderosae

 

13. Table 4 of the Regulation is revoked and the following substituted:

table 4
restricted invasive species — plants

Item

Common Name

Scientific Name

1.

Black Dog-strangling Vine

Cynanchum louiseae

2.

Bohemian Knotweed

Reynoutria ×bohemica

3.

Carolina Fanwort

Cabomba caroliniana

4.

Dog-strangling Vine

Cynanchum rossicum

5.

European Frog-bit

Hydrocharis morsus-ranae

6.

Giant Knotweed

Reynoutria sachalinensis

7.

Himalayan Knotweed

Koenigia polystachya

8.

Japanese Knotweed

Reynoutria japonica

9.

Phragmites

Phragmites australis subsp. australis

10.

Yellow Floating Heart

Nymphoides peltata

 

14. The Regulation is amended by adding the following Table:

table 5
restricted invasive species — mammals

Item

Common Name

Scientific Name

1.

Pig

Sus scrofa

 

Commencement

15. This Regulation comes into force on the later of January 1, 2022 and the day it is filed.

 

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