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O. Reg. 6/24: LIMITATIONS ON SECTION 9 PROHIBITIONS

filed January 24, 2024 under Endangered Species Act, 2007, S.O. 2007, c. 6

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ontario regulation 6/24

made under the

Endangered Species Act, 2007

Made: January 24, 2024
Filed: January 24, 2024
Published on e-Laws: January 24, 2024
Published in The Ontario Gazette: February 10, 2024

limitations on section 9 prohibitions

Definitions

1. In this Regulation,

“activity” means an action that directly or indirectly impacts Black Ash or its habitat that may be prohibited by subsection 9 (1) or 10 (1) of the Act; (“activité”)

“arborist” has the same meaning and scope of practice as in the regulations made under the Building Opportunities in the Skilled Trades Act, 2021; (“arboriste”)

“horticultural technician” has the same meaning and scope of practice as in the regulations made under the Building Opportunities in the Skilled Trades Act, 2021; (“technicien en horticulture”)

“qualified professional” means an arborist, a registered professional forester within the meaning of the Professional Foresters Act, 2000, a forest technician, a dendrologist, a horticultural technician, a botanist, an entomologist or any other professional who,

(a)  has expertise in relation to Black Ash, and

(b)  has the expertise, education, training and experience necessary to assess the health of Black Ash; (“professionnel qualifié”)

“territorial district” means a geographic area named and described in Schedule 2 to Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made under the Territorial Division Act, 2002. (“district territorial”)

Black Ash

2. (1) The prohibitions set out in clauses 9 (1) (b) and (c) of the Act do not apply with respect to Black Ash.

(2) The prohibitions set out in clause 9 (1) (a) of the Act do not apply with respect to a Black Ash if any of the following conditions are satisfied:

1.  The Black Ash is not located in a municipality or territorial district set out in Schedule 1 to this Regulation.

2.  The Black Ash has,

i.  a stem height that is less than 1.37 metres, or

ii.  a diameter that is less than 8 centimetres at a stem height of 1.37 metres.

3.  The Black Ash is determined to be unhealthy in a report prepared in accordance with subsection (3) and submitted to the Ministry prior to the commencement of an activity that may impact the Black Ash.

(3) The report referred to in paragraph 3 of subsection (2) shall be prepared by a qualified professional and shall include the following:

1.  A description of the qualifications of the qualified professional who prepared the report, including any supporting documentation.

2.  The date the qualified professional conducted the assessment of each tree subject to the report.

3.  A description of the activity, including if the activity is a part of a larger activity such as a development, construction, resource, utility, transportation or landscaping project.

4.  The number of Black Ash described in subparagraph 2 i or ii of subsection (2) that may be impacted by the activity.

5.  The number and location of each Black Ash that is not required to be enumerated under paragraph 4 that may be impacted by the activity, including the geographic coordinates of the Black Ash.

6.  For every Black Ash required to be included in the report under paragraph 5, the following information:

i.  The diameter of the stem of the tree measured at a height of 1.37 metres.

ii.  A description of whether the tree is or has been infested by emerald ash borer and the severity of the infestation.

iii.  A description of any factors other than emerald ash borer that may be contributing to the condition of the tree, such as disease, competition and environmental conditions, and the severity of the impact of those factors on the tree.

iv.  A statement that indicates a determination, based on the factors set out in subparagraphs ii and iii, of whether the tree is healthy or unhealthy.

v.  A detailed description of the evidence supporting the determination referred to in subparagraph iv.

vi.  Supporting documentation for each tree that includes photographic evidence.

(4) In completing the descriptions referred to in subparagraphs 6 ii and iii of subsection (3), the qualified professional shall consider the condition of the tree’s canopy and the extent of any dieback or regeneration of that canopy.

Commencement

3. This Regulation comes into force on the later of January 26, 2024 and the day this Regulation is filed.

Schedule 1

1. The municipalities referred to in paragraph 1 of subsection 2 (2) of this Regulation are the following:

1.  City of Barrie.

2.  City of Belleville.

3.  City of Brantford.

4.  City of Brockville.

5.  City of Cornwall.

6.  City of Guelph.

7.  City of Hamilton.

8.  City of Kawartha Lakes.

9.  City of Kingston.

10.  City of London.

11.  City of Orillia.

12.  City of Ottawa.

13.  City of Peterborough.

14.  City of Quinte West.

15.  City of Sault Ste. Marie.

16.  City of St. Thomas.

17.  City of Stratford.

18.  City of Thunder Bay.

19.  City of Toronto.

20.  City of Windsor.

21.  County of Brant.

22.  County of Bruce.

23.  County of Dufferin.

24.  County of Elgin.

25.  County of Essex.

26.  County of Frontenac.

27.  County of Grey.

28.  County of Haldimand.

29.  County of Huron.

30.  County of Lambton.

31.  County of Lanark.

32.  County of Lennox and Addington.

33.  County of Middlesex.

34.  County of Northumberland.

35.  County of Oxford.

36.  County of Perth.

37.  County of Peterborough.

38.  County of Prince Edward.

39.  County of Simcoe.

40.  County of Wellington.

41.  Municipality of Centre Hastings.

42.  Municipality of Chatham-Kent.

43.  Municipality of Marmora and Lake.

44.  Municipality of Tweed.

45.  Norfolk County.

46.  Regional Municipality of Durham.

47.  Regional Municipality of Halton.

48.  Regional Municipality of Niagara.

49.  Regional Municipality of Peel.

50.  Regional Municipality of Waterloo.

51.  Regional Municipality of York.

52.  Territorial District of Manitoulin.

53.  Town of Arnprior.

54.  Town of Gananoque.

55.  Town of Gravenhurst.

56.  Town of Prescott.

57.  Town of St. Marys.

58.  Town of Smiths Falls.

59.  Township of Admaston/Bromley.

60.  Township of Georgian Bay.

61.  Township of Greater Madawaska.

62.  Township of Horton.

63.  Township of Jocelyn.

64.  Township of Johnson.

65.  Township of Laird.

66.  Township of Limerick.

67.  Township of Macdonald, Meredith and Aberdeen Additional.

68.  Township of Madoc.

69.  Township of McNab-Braeside.

70.  Township of Pelee.

71.  Township of St. Joseph.

72.  Township of Stirling-Rawdon.

73.  Township of Tarbutt.

74.  Township of Tudor and Cashel.

75.  Township of Tyendinaga.

76.  Township of Wollaston.

77.  United Counties of Leeds and Grenville.

78.  United Counties of Prescott and Russell.

79.  United Counties of Stormont, Dundas and Glengarry.

Made by:
Pris par :

La ministre de l'Environnement, de la Protection de la nature et des Parcs,

Andrea Khanjin

Minister of the Environment, Conservation and Parks

Date made: January 24, 2024
Pris le : 24 janvier 2024

 

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