Endangered Species Act, 2007

S.o. 2007, chapter 6

Consolidation Period: From June 5, 2025 to the e-Laws currency date.

Note: This Act is repealed on a day to be named by order of the Lieutenant Governor in Council. (See: 2025, c. 4, Sched. 10, s. 68)

Last amendment: 2025, c. 4, Sched. 10, s. 68.

Legislative History: 2019, c. 9, Sched. 5; 2020, c. 18, Sched. 6, s. 50; CTS 6 FE 25 - 1; 2025, c. 4, Sched. 2; 2025, c. 4, Sched. 10, s. 68.

CONTENTS

 

Preamble

Biological diversity is among the great treasures of our planet.  It has ecological, social, economic, cultural and intrinsic value.  Biological diversity makes many essential contributions to human life, including foods, clothing and medicines, and is an important part of sustainable social and economic development.

Unfortunately, throughout the world, species of animals, plants and other organisms are being lost forever at an alarming rate.  The loss of these species is most often due to human activities, especially activities that damage the habitats of these species.  Global action is required.

The United Nations Convention on Biological Diversity takes note of the precautionary principle, which, as described in the Convention, states that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.

In Ontario, our native species are a vital component of our precious natural heritage.  The people of Ontario wish to do their part in protecting species that are at risk, with appropriate regard to social, economic and cultural considerations.  The present generation of Ontarians should protect species at risk for future generations.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Introduction

Purposes

1 The purposes of this Act are:

1. To identify species at risk based on the best available scientific information, including information obtained from community knowledge and Indigenous traditional knowledge.

2. To provide for the protection and conservation of species at risk while taking into account social and economic considerations including the need for sustainable economic growth in Ontario.

3. Repealed: 2025, c. 4, Sched. 2, s. 1 (2).

2007, c. 6, s. 1; 2025, c. 4, Sched. 2, s. 1.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 1 (1, 2) - 05/06/2025

Definitions

2 (1)  In this Act,

“Agency” means the corporation established by regulation under section 20.4; (“Agence”)

“conservation fund species” means a species that is designated under subsection 20.1 (3) for the purposes of the Fund; (“espèce ciblée par le fonds de conservation”)

“COSSARO” means the Committee on the Status of Species at Risk in Ontario; (“CDSEPO”)

“Fund” means the Species at Risk Conservation Fund established under section 20.1; (“Fonds”)

“habitat” means, subject to subsection (3),

(a) in respect of an animal species,

(i) a dwelling-place, such as a den, nest or other similar place, that is occupied or habitually occupied by one or more members of a species for the purposes of breeding, rearing, staging, wintering or hibernating, and

(ii) the area immediately around a dwelling place described in subclause (i) that is essential for the purposes set out in that subclause.

(b) in respect of a vascular plant species, the critical root zone surrounding a member of the species, and

(c) in respect of all other species, an area on which any member of a species directly depends in order to carry on its life processes; (“habitat”)

“justice” has the same meaning as in the Provincial Offences Act; (“juge”)

“Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“operating agreement” means an operating agreement entered into by the Minister and the Agency under section 20.11; (“accord de fonctionnement”)

“provincial officer” means a person who is designated by the Minister as a provincial officer for the purposes of this Act and the regulations; (“agent provincial”)

“regulations” means the regulations made under this Act; (“règlements”)

“species” means a species, subspecies, variety or genetically or geographically distinct population of animal, plant or other organism, other than a bacterium or virus, that is native to Ontario; (“espèce”)

“Species at Risk in Ontario List” means the regulations made under section 7; (“Liste des espèces en péril en Ontario”)

“species conservation charge” means a charge that is paid to the Agency in accordance with section 20.3; (“redevance pour la conservation des espèces”)

“transition date” means the day Schedule 2 to the Protect Ontario by Unleashing our Economy Act, 2025 comes into force; (“date de transition”)

“Tribunal” means the Ontario Land Tribunal. (“Tribunal”) 2007, c. 6, s. 2 (1); 2019, c. 9, Sched. 5, s. 1 (1-3); 2025, c. 4, Sched. 2, s. 2 (1-8).

Definition of “habitat”

(2) For greater certainty, the definition of “habitat” in subsection (1) does not include an area where the species formerly occurred or has the potential to be reintroduced unless existing members of the species depend on that area to carry on their life processes.  2007, c. 6, s. 2 (2); 2025, c. 4, Sched. 2, s. 2 (9).

Same, old definition continued

(3) A reference to “habitat” in any of the following provisions is deemed to be a reference to the definition of “habitat” under subsection (1) as it read immediately before the transition date:

1. Any provision of an authorization granted under subsection 9 (5) before the transition date.

2. Any provision of an agreement entered into under section 16 before the transition date.

3. Any provision of a permit issued under section 17 or subsection 19 (3) before the transition date.

4. Any provision of an order made under section 27, 27.1, 28 or 41 before the transition date.

5. Any provision of this Act in respect of an instrument mentioned in paragraphs 1 to 4, and any amendment made to such an instrument, whether the amendment was made before or after the transition date.

6. Any provision of this Act as it applies to a person who was granted an authorization mentioned in paragraph 1, who entered into an agreement mentioned in paragraph 2, who was issued a permit mentioned in paragraph 3 or in respect of whom an order mentioned in paragraph 4 was made.

7. Any provision in a regulation made under clause 55 (1) (c) as it applies to a person if it applied to the person before the transition date.

8. In respect of Black Ash, any provision of this Act, the regulations or a permit issued under this Act. 2025, c. 4, Sched. 2, s. 2 (10)

Same

(4) For greater certainty, the definition of “habitat” continued under subsection (3) includes any area prescribed for the purpose of clause (a) of that definition in a regulation made under subsection 56 (1) (a) before the transition date. 2025, c. 4, Sched. 2, s. 2 (10).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 1 (1-4) - 01/07/2019

2025, c. 4, Sched. 2, s. 2 (1-10) - 05/06/2025

Delegation of powers and duties

2.1 (1) The Minister may authorize the Deputy Minister or any other employee in the Ministry to exercise any power or perform any duty that is granted to or vested in the Minister under this Act. 2025, c. 4, Sched. 2, s. 3.

Limitations

(2) The Minister may limit an authorization made under subsection (1) in such manner as the Minister considers advisable. 2025, c. 4, Sched. 2, s. 3.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 3 - 05/06/2025

Classification of Species

Committee on the Status of Species at Risk in Ontario

3 (1) The committee known in English as the Committee on the Status of Species at Risk in Ontario and in French as Comité de détermination du statut des espèces en péril en Ontario is continued.  2007, c. 6, s. 3 (1).

Composition

(2) COSSARO shall be composed of at least 10 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister. 2025, c. 4, Sched. 2, s. 4 (1).

Chair and vice chair

(3) The Lieutenant Governor in Council shall designate a chair and a vice-chair from among the members of COSSARO. 2025, c. 4, Sched. 2, s. 4 (1).

Qualifications

(4) A person may be appointed to COSSARO only if the Minister considers that the person has relevant expertise that is drawn from,

(a) a scientific discipline such as conservation biology, ecology, genetics, population dynamics, taxonomy, systematics or wildlife management; or

(b) community knowledge or Indigenous traditional knowledge. 2007, c. 6, s. 3 (4); 2019, c. 9, Sched. 5, s. 2; 2025, c. 4, Sched. 2, s. 4 (2).

Independence

(5) The members of COSSARO shall perform their functions in an independent manner, and not as representatives of their employers or of any other person or body.  2007, c. 6, s. 3 (5).

Lobbying

(6) A member of COSSARO shall not, with respect to any matter related to this Act,

(a) act as a consultant lobbyist within the meaning of subsection 1 (1) of the Lobbyist Registration Act, 1998; or

(b) act as an in-house lobbyist within the meaning of subsection 5 (7) or 6 (5) of the Lobbyist Registration Act, 1998.  2007, c. 6, s. 3 (6); 2025, c. 4, Sched. 2, s. 4 (3).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 2 - 01/07/2019

2025, c. 4, Sched. 2, s. 4 (1-3) - 05/06/2025

Functions of COSSARO

4 (1) COSSARO shall perform the following functions:

1. Subject to section 5, maintain criteria for assessing and classifying species as extinct, extirpated, endangered, threatened or of special concern.

2. Maintain and prioritize a list of species that should be assessed and classified, including species that should be reviewed and, if appropriate, reclassified.

3. Subject to section 8, assess, review and classify species in accordance with the list maintained under paragraph 2.

4. Submit reports to the Minister in accordance with this Act.

5. Provide advice to the Minister on any matter submitted to COSSARO by the Minister.

6. Perform any other function required under this or any other Act.  2007, c. 6, s. 4 (1); 2025, c. 4, Sched. 2, s. 5 (1).

List of species to be assessed

(2) COSSARO shall ensure that the list referred to in paragraph 2 of subsection (1) includes every Ontario species that,

(a) is classified by the Committee on the Status of Endangered Wildlife in Canada as extirpated, endangered, threatened or of special concern under the Species at Risk Act (Canada); and

(b) has not yet been assessed by COSSARO.  2007, c. 6, s. 4 (2); 2025, c. 4, Sched. 2, s. 5 (2).

Information for Minister

(3) COSSARO shall ensure that the Minister is provided with up to date copies of the criteria referred to in paragraph 1 of subsection (1) and the list referred to in paragraph 2 of subsection (1).  2007, c. 6, s. 4 (3).

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 5 (1, 2) - 05/06/2025

Rules for classification

5 (1) For the purposes of this Act, COSSARO shall classify species in accordance with the following rules:

1. A species shall be classified as an extinct species if it no longer lives anywhere in the world.

2. A species shall be classified as an extirpated species if it lives somewhere in the world, lived at one time in the wild in Ontario, but no longer lives in the wild in Ontario.

3. A species shall be classified as an endangered species if it lives in the wild in Ontario but is facing imminent extinction or extirpation.

4. A species shall be classified as a threatened species if it lives in the wild in Ontario, is not endangered, but is likely to become endangered if steps are not taken to address factors threatening to lead to its extinction or extirpation.

5. A species shall be classified as a special concern species if it lives in the wild in Ontario, is not endangered or threatened, but may become threatened or endangered because of a combination of biological characteristics and identified threats.  2007, c. 6, s. 5 (1).

Geographic limitation

(2) When COSSARO classifies a species, the classification applies to all of Ontario unless COSSARO indicates that the classification applies only to a specified geographic area in Ontario.  2007, c. 6, s. 5 (2); 2025, c. 4, Sched. 2, s. 6 (1).

Best available scientific information

(3) COSSARO shall classify species based on the best available scientific information, including information obtained from community knowledge and Indigenous traditional knowledge.  2007, c. 6, s. 5 (3); 2025, c. 4, Sched. 2, s. 6 (2).

Criteria for classification

(4) The criteria for assessing and classifying species as endangered, threatened or special concern species under paragraph 1 of subsection 4 (1) shall include considerations of,

(a) the species’ geographic range in Ontario; and

(b) the condition of the species across the broader biologically relevant geographic range in which it exists both inside and outside of Ontario. 2019, c. 9, Sched. 5, s. 3.

Same

(5) If consideration of the condition of the species both inside and outside of Ontario under clause (4) (b) would result in a species classification indicating a lower level of risk to the survival of the species than would result if COSSARO considered the condition of the species inside Ontario only, COSSARO’s classification of a species shall reflect the lower level of risk to the survival of the species. 2019, c. 9, Sched. 5, s. 3.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 3 - 01/07/2019

2025, c. 4, Sched. 2, s. 6 (1, 2) - 05/06/2025

Reports by COSSARO

Annual report

6 (1) Between January 1 and January 31 of each year, COSSARO shall submit an annual report to the Minister that sets out,

(a) the common name and scientific name of each species that COSSARO has classified since its last annual report as extinct, extirpated, endangered, threatened or of special concern; and

(b) the classification of each species described in clause (a) and the reasons for the classification. 2025, c. 4, Sched. 2, s. 7 (1).

Same

(2) The annual report may also state that,

(a) an assessment of a species indicates that it is not at risk; or

(b) there is insufficient information available to classify a species. 2019, c. 9, Sched. 5, s. 4.

Additional reports

(3) COSSARO shall not submit an additional report with respect to the classification of species to the Minister unless,

(a) the Minister has requested that COSSARO classify a species or reconsider its classification of a species under section 8; or

(b) COSSARO is of the opinion that a species that is not listed on the Species at Risk in Ontario List as extirpated, endangered or threatened, may be facing imminent extinction or extirpation. 2019, c. 9, Sched. 5, s. 4.

Time limit

(4) The Minister shall ensure that a COSSARO report received under this section is made available to the public under section 51 not later than 90 days following receipt of the report by the Minister. 2025, c. 4, Sched. 2, s. 7 (2)

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 4 - 01/07/2019

2025, c. 4, Sched. 2, s. 7 (1, 2) - 05/06/2025

Species at Risk in Ontario List

7 (1) The Lieutenant Governor in Council may make a regulation listing species that are classified by COSSARO as extirpated species, endangered species, threatened species or special concern species. 2025, c. 4, Sched. 2, s. 8.

Deviation from COSSARO classification

(2) For greater certainty, a regulation made under subsection (1) is not required to list all of the species classified by COSSARO but, if a species is listed, the classification of the species shall be the same as COSSARO’s classification and shall include any geographic limitation indicated by COSSARO in respect of the species under subsection 5 (2). 2025, c. 4, Sched. 2, s. 8.

Effect of removal or down-listing

(3) A requirement or condition, in respect of a species, that is set out in a regulation or an instrument listed in subsection (4) ceases to have effect,

(a) if the Lieutenant Governor in Council amends or revokes a regulation made under subsection (1) so as to remove the species from the list of species in the regulation, on the day the species is removed; or

(b) if the Lieutenant Governor in Council amends or revokes a regulation made under subsection (1) so as to change the classification of the species in the regulation from an extirpated species, endangered species or threatened species to a special concern species, on the day the species is reclassified. 2025, c. 4, Sched. 2, s. 8.

Same

(4) The following are the instruments mentioned in subsection (3):

1. An authorization granted under subsection 9 (5) as that subsection read immediately before the transition date.

2. An agreement entered into under section 16 as that section read immediately before the transition date.

3. A permit issued under section 17.

4. A permit issued under subsection 19 (3) as that subsection read immediately before the transition date.

5. An order made under section 26.1, 27, 27.1, 28 or 41. 2025, c. 4, Sched. 2, s. 8.

Contents of regulation

(5) A regulation made under subsection (1) shall contain the following information for each species:

1. The common name and scientific name of the species.

2. COSSARO’s classification of the species as an extirpated species, endangered species, threatened species or special concern species.

3. If the classification applies only to a specified geographic area, the area. 2025, c. 4, Sched. 2, s. 8.

Notice of proposal, Environmental Bill of Rights, 1993

(6) For greater certainty, if a regulation is proposed to be made under subsection (1), the brief description required in respect of a notice of proposal under section 16 of the Environmental Bill of Rights, 1993 in respect of the regulation shall include each species that is proposed to be listed in the regulation. 2025, c. 4, Sched. 2, s. 8.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 5 (1-3) - 01/07/2019

2025, c. 4, Sched. 2, s. 8 - 05/06/2025

Ministerial requirements

Risk of imminent extinction or extirpation

8 (1) If a species is not listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species but the Minister is of the opinion that the species may be facing imminent extinction or extirpation, the Minister may require COSSARO to assess and classify the species and, not later than the date specified by the Minister, to submit a report to the Minister under section 6.  2007, c. 6, s. 8 (1).

Reconsideration

(2) If a species is listed on the Species at Risk in Ontario List and the Minister is of the opinion that credible scientific information indicates that the classification on the List may not be appropriate, the Minister may require COSSARO to reconsider the classification and, not later than the date specified by the Minister, to submit a report to the Minister under section 6 indicating whether COSSARO confirms the classification or reclassifies the species.  2007, c. 6, s. 8 (2); 2019, c. 9, Sched. 5, s. 6 (1).

Same

(3) If COSSARO has reported to the Minister its classification of a species as an extirpated, endangered, threatened or special concern species but the Species at Risk in Ontario List has not yet been amended in accordance with section 7 to reflect the classification, the Minister, if of the opinion that credible scientific information indicates that the classification may not be appropriate, may require COSSARO to,

(a) reconsider the classification; and

(b) not later than the date specified by the Minister, submit a second report to the Minister under section 6 which shall either confirm the classification of the species in the first report or reclassify the species. 2019, c. 9, Sched. 5, s. 6 (2).

(4)-(4.2) Repealed: 2025, c. 4, Sched. 2, s. 9 (1).

Consultation with chair of COSSARO

(5) The Minister shall not require COSSARO to do anything under this section unless the Minister has consulted with the chair of COSSARO.  2007, c. 6, s. 8 (5); 2025, c. 4, Sched. 2, s. 9 (2).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 6 (1, 2) - 01/07/2019

2025, c. 4, Sched. 2, s. 9 (1, 2) - 05/06/2025

8.1 Repealed: 2025, c. 4, Sched. 2, s. 10.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 7 - 01/07/2019

2025, c. 4, Sched. 2, s. 10 - 05/06/2025

Delay of prohibitions upon initial listing

8.2 (1) Where a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, the prohibitions in clause 9 (1) (a), the prohibitions against possessing and transporting things under clause 9 (1) (b) and the prohibitions in subsection 10 (1) shall not apply to the following persons for a period of one year starting on the day the species is so listed:

1. A person engaged in an activity under an agreement that was entered into under section 16 before the transition date.

2. A person engaged in an activity under a permit that was issued under section 17 before the species is so listed.

3. A person engaged in an activity under a permit that was issued under subsection 19 (3) before the transition date. 2025, c. 4, Sched. 2, s. 11 (1).

(2) Repealed: 2025, c. 4, Sched. 2, s. 11 (2).

Limitations

(3) Subsection (1) authorizes a person to carry out an act that would otherwise be prohibited under clause 9 (1) (a) and subsection 10 (1) or to possess or transport something contrary to clause 9 (1) (b), subject to the following limitations:

1. The person shall take reasonable steps to minimize the adverse effects of the activity that was authorized by the permit, agreement or instrument referred to in subsection (1) on the species that is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time.

2. The person shall carry out the acts or possess or transport something only if doing so is,

i. necessarily incidental to the activity that was authorized by the permit, agreement or instrument referred to in subsection (1), or

ii. necessary for the purpose of taking the reasonable steps mentioned in paragraph 1. 2019, c. 9, Sched. 5, s. 7; 2025, c. 4, Sched. 2, s. 11 (3).

First time listing

(4) For greater certainty, a reference in this section to a species being listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time is a reference to a species being so listed in circumstances where the species has not been previously listed as either an endangered species or a threatened species. 2025, c. 4, Sched. 2, s. 11 (4).

Same

(5) A reference described in subsection (4) does not include a species if, before the listing, the species, or some members of the species, were classified,

(a) under a different common or scientific name that appeared on the Species at Risk in Ontario List as belonging to an endangered or threatened species; or

(b) as an extinct species or an extirpated species. 2025, c. 4, Sched. 2, s. 11 (4).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 7 - 01/07/2019

2025, c. 4, Sched. 2, s. 11 (1-4) - 05/06/2025

Protection and Recovery of Species

Prohibition on killing, etc.

9 (1) No person shall,

(a) kill, harm, capture or take a living member of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species;

(b) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade,

(i) a living or dead member of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species,

(ii) any part of a living or dead member of a species referred to in subclause (i),

(iii) anything derived from a living or dead member of a species referred to in subclause (i); or

(c) sell, lease, trade or offer to sell, lease or trade anything that the person represents to be a thing described in subclause (b) (i), (ii) or (iii).  2007, c. 6, s. 9 (1); 2025, c. 4, Sched. 2, s. 12 (1).

(1.1) Repealed: 2025, c. 4, Sched. 2, s. 12 (2).

Exception, species regulations

(1.2) Subject to section 57, the Minister may, by regulation, limit the application of the prohibitions in subsection (1) with respect to a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species. 2019, c. 9, Sched. 5, s. 8 (1).

Same

(1.3) Without limiting the generality of subsection (1.2), a regulation under that subsection may,

(a) provide that some of the prohibitions in subsection (1) do not apply with respect to a species or provide that they do not apply in specified circumstances;

(b) limit the geographic areas to which all or some of the prohibitions in subsection (1) apply, or the times at which they apply, with respect to a species;

(c) limit the application of all or some of the prohibitions in subsection (1) to a specified stage in the development of a species; or

(d) provide that a limitation set out in the regulation is subject to specified conditions. 2019, c. 9, Sched. 5, s. 8 (1).

(1.4) Repealed: 2025, c. 4, Sched. 2, s. 12 (2).

Possession, etc., of species originating outside Ontario

(2) Clause (1) (b) does not apply to a member of a species that originated outside Ontario if it was lawfully killed, captured or taken in the jurisdiction from which it originated.  2007, c. 6, s. 9 (2).

Specified geographic area

(3) If the Species at Risk in Ontario List specifies a geographic area that a classification of a species applies to, subsection (1) only applies to that species in that area.  2007, c. 6, s. 9 (3).

Possession and transport by Crown

(4) Clause (1) (b) does not apply to possession or transport of a species by the Crown. 2019, c. 9, Sched. 5, s. 8 (2).

(5), (5.1) Repealed: 2025, c. 4, Sched. 2, s. 12 (3).

Interpretation

(6) A reference in this section to a member of a species,

(a) includes a reference to a member of the species at any stage of its development;

(b) includes a reference to a gamete or asexual propagule of the species; and

(c) includes a reference to the member of the species, whether or not it originated in Ontario.  2007, c. 6, s. 9 (6).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 8 (1, 2) - 01/07/2019

2025, c. 4, Sched. 2, s. 12 (1-3) - 05/06/2025

Prohibition on damage to habitat, etc.

10 (1) No person shall damage or destroy the habitat of,

(a) a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species; or

(b) a species that is listed on the Species at Risk in Ontario List as an extirpated species, if the species is prescribed by the regulations for the purpose of this clause.  2007, c. 6, s. 10 (1).

Specified geographic area

(2) If the Species at Risk in Ontario List specifies a geographic area that a classification of a species applies to, subsection (1) only applies to that species in that area.  2007, c. 6, s. 10 (2).

(3) Repealed: 2025, c. 4, Sched. 2, s. 13.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 9 - 01/07/2019

2025, c. 4, Sched. 2, s. 13 - 05/06/2025

11 Repealed: 2025, c. 4, Sched. 2, s. 14.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 10 (1-5) - 01/07/2019

2025, c. 4, Sched. 2, s. 14 - 05/06/2025

12 Repealed: 2025, c. 4, Sched. 2, s. 14.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 11 (1-3)- 01/07/2019

2025, c. 4, Sched. 2, s. 14 - 05/06/2025

12.1, 12.2 Repealed: 2025, c. 4, Sched. 2, s. 14.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 12 - 01/07/2019

2025, c. 4, Sched. 2, s. 14 - 05/06/2025

13-15 Repealed: 2025, c. 4, Sched. 2, s. 14.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 14 - 05/06/2025

16 Repealed: 2025, c. 4, Sched. 2, s. 14.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 13 - 01/07/2019

2025, c. 4, Sched. 2, s. 14 - 05/06/2025

16.1 Repealed: 2025, c. 4, Sched. 2, s. 14.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 14 - 01/07/2019

2025, c. 4, Sched. 2, s. 14 - 05/06/2025

Permits

Permits

17 (1) After considering an application for a permit, the Minister may issue a permit to a person that, with respect to a species specified in the permit that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, authorizes the person to engage in an activity specified in the permit that would otherwise be prohibited by section 9 or 10. 2025, c. 4, Sched. 2, s. 15.

Additional powers

(2) If the Minister decides not to issue a permit under subsection (1), after considering an application for a permit, the Minister may,

(a) refuse to issue the permit;

(b) amend an existing permit that is in effect and impose, amend or revoke the conditions or expand the scope of the permit;

(c) revoke the permit in whole or in part, with or without issuing a new permit; or

(d) suspend a permit in whole or in part. 2025, c. 4, Sched. 2, s. 15.

Conditions

(3) A permit issued under this section shall contain any requirements prescribed by the regulations and may contain such other conditions as the Minister considers appropriate. 2025, c. 4, Sched. 2, s. 15.

Same

(4) Without limiting the generality of subsection (3), conditions in a permit may,

(a) limit the time during which the permit applies;

(b) limit the circumstances in which the permit applies;

(c) require the holder of the permit to take steps specified in the permit, including steps that maybe be required to be taken before engaging in the activity authorized by the permit;

(d) require the holder of the permit to provide security in an amount or in a form sufficient to ensure compliance with the permit;

(e) require the holder of the permit to take steps to ensure that the activity authorized by the permit, and the effects of the activity, are monitored in accordance with the permit;

(f) require the holder of the permit to rehabilitate or restore habitat damaged or destroyed by the activity authorized by the permit, or to provide alternative habitat for the species specified in the permit; or

(g) require the holder of the permit to submit information and reports to the Minister. 2025, c. 4, Sched. 2, s. 15.

Minister may require information

(5) The Minister may require a person who applies for a permit to submit any data, reports, documents or other information and to carry out and report on any tests or experiments relating to any activity in respect of which the application is made. 2025, c. 4, Sched. 2, s. 15.

Minister may require consultation

(6) The Minister may require a person who applies for a permit to consult with the persons or entities specified by the Minister, in a manner specified by the Minister, before the Minister makes a decision in respect of the application. 2025, c. 4, Sched. 2, s. 15.

Exercise of powers on Minister’s initiative

(7) The Minister may, on the Minister’s own initiative,

(a) amend or revoke conditions of a permit after it has been issued;

(b) impose new conditions in a permit; or

(c) suspend or revoke all or part of a permit. 2025, c. 4, Sched. 2, s. 15.

Consideration of applications

(8) The Minister is not required to consider an application for a permit that has not been prepared and submitted in accordance with this section. 2025, c. 4, Sched. 2, s. 15.

Non-application of prohibitions

(9) Subject to subsection (10), subsections 9 (1) and 10 (1) do not apply to the holder of a permit issued under subsection (1) of this section with respect to the species and activity specified in the permit. 2025, c. 4, Sched. 2, s. 15.

Same

(10) A permit may specify that one or more of the prohibitions in subsections 9 (1) and 10 (1) continue to apply to the holder of the permit. 2025, c. 4, Sched. 2, s. 15.

Compliance

(11) A person who holds a permit under this section shall comply with the conditions of the permit. 2025, c. 4, Sched. 2, s. 15.

Same

(12) For greater certainty, subsection (9) applies even if a person fails to comply with a condition of a permit. 2025, c. 4, Sched. 2, s. 15.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 15 (1-6) - 01/07/2019

2025, c. 4, Sched. 2, s. 15 - 05/09/2025

18 Repealed: 2025, c. 4, Sched. 2, s. 16.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 16 - 01/07/2019

2025, c. 4, Sched. 2, s. 16 - 05/06/2025

19 Repealed: 2025, c. 4, Sched. 2, s. 16.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 17 (1, 2) - 01/07/2019

2025, c. 4, Sched. 2, s. 16 - 05/06/2025

20 Repealed: 2025, c. 4, Sched. 2, s. 16.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 16 - 05/06/2025

Fund

Species at Risk Conservation Fund

20.1 (1) A fund is hereby established under the name Species at Risk Conservation Fund in English and Fonds pour la conservation des espèces en péril in French, subject to any conditions that may be prescribed by the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Purpose of Fund

(2) The purpose of the Fund shall be to provide for the funding of activities that are reasonably likely to protect or recover conservation fund species or support their protection or recovery. 2019, c. 9, Sched. 5, s. 18 (1).

Designation of conservation fund species

(3) The Minister may by regulation designate species that are listed on the Species at Risk in Ontario List as conservation fund species for the purpose of the Fund. 2019, c. 9, Sched. 5, s. 18 (1).

Role of Agency

(4) The Agency shall administer and manage the affairs of the Fund. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Fund money

20.2 (1) The Fund shall be constituted by the following money:

1. Species conservation charges paid to the Agency in accordance with section 20.3.

2. Funding provided to the Agency by the Crown.

3. Donations made to the Agency.

4. Revenue earned on money in the Fund and otherwise by the Agency.

5. Refunds of money to the Agency.

6. Money from sources prescribed by the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Money held by Agency

(2) The Agency shall hold all Fund money it receives for the purposes of the Fund and shall not pay money out of the Fund except in accordance with sections 20.6 and 20.9. 2019, c. 9, Sched. 5, s. 18 (1).

Money received by Agency

(3) Fund money received or held by the Agency shall not form part of the Consolidated Revenue Fund. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Species conservation charges

20.3 (1) The following persons shall pay a species conservation charge to the Agency:

1. A person who is required to do so under a permit issued under section 17 before the transition date.

2. A person who is required to do so under a permit issued under subsection 19 (3), before the transition date.

3. A person who is exempted from all or some of the prohibitions in subsection 9 (1) or 10 (1) by the regulations made under clause 55 (1) (c) and is required to pay the charge as a condition of the exemption set out in the regulations no later than 30 days after the transition date.

4., 5. Repealed: 2025, c. 4, Sched. 2, s. 17 (1).

2019, c. 9, Sched. 5, s. 18 (1); 2025, c. 4, Sched. 2, s. 17 (1).

Purpose of charge

(2) The purpose of a species conservation charge is to carry out the purpose of the Fund. 2019, c. 9, Sched. 5, s. 18 (1).

Prescribed species

(3) A species conservation charge shall not be required of a person under this Act unless the person is authorized under an agreement, permit or regulation referred to in subsection (1) to do something that would otherwise have been prohibited under section 9 or 10 with respect to a conservation fund species. 2019, c. 9, Sched. 5, s. 18 (1).

Amount of charge

(4) The amount of a species conservation charge shall be prescribed by the regulations or determined in accordance with the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Payment of charge

(5) A species conservation charge shall be paid to the Agency at the time and in the manner that may be set by the regulations. 2025, c. 4, Sched. 2, s. 17 (2).

Refund of charge

(6) A species conservation charge may be fully or partially refunded by the Agency in accordance with the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Cessation of all payments to Fund

(7) Despite anything in this Act or the regulations, the Agency shall not accept any payment of monies described subsection 20.2 (1) on or after the transition date. 2025, c. 4, Sched. 2, s. 17 (3).

Same

(8) Subsection (7) does not apply in respect of monies described in paragraph 1 of subsection 20.2 (1) if the monies are required to be paid on a day that is no later than 30 days after the transition date. 2025, c. 4, Sched. 2, s. 17 (3).

No option to pay charge as condition of exemption

(9) Despite anything in this Act or the regulations, if a condition of an exemption set out in a regulation made under clause 55 (1) (c) relates to the payment of a species conservation charge, the exemption does not apply to a person who has not paid the charge within 30 days after the transition date. 2025, c. 4, Sched. 2, s. 17 (3).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

2025, c. 4, Sched. 2, s. 17 (1-3) - 05/06/2025

Agency

20.4 (1) The Lieutenant Governor in Council may, by regulation, establish a corporation without share capital to be known in English as the Species at Risk Conservation Trust and in French as Fiducie pour la conservation des espèces en péril. 2019, c. 9, Sched. 5, s. 18 (1).

Constitution

(2) The constitution of the Agency and its board of directors shall be in accordance with the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Crown agency

(3) Subject to the regulations, the Agency is, for all its purposes, an agent of the Crown and its powers may be exercised only as an agent of the Crown. 2019, c. 9, Sched. 5, s. 18 (1).

Employees

(4) The Agency may employ or otherwise engage persons for the proper conduct of its activities, subject to the regulations or, if the regulations so provide, employees may be appointed under Part III of the Public Service of Ontario Act, 2006. 2019, c. 9, Sched. 5, s. 18 (1).

Application of corporate Acts

(5) The Corporations Act, the Corporations Information Act and the Not-for-Profit Corporations Act, 2010 do not apply to the Corporation, except as provided by the regulations. 2019, c. 9, Sched. 5, s. 18 (2).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019; 2019, c. 9, Sched. 5, s. 18 (2) - 19/10/2021

CTS 6 FE 25 - 1 - 06/02/2025

Powers

Natural person powers

20.5 (1) The Agency shall have the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its objects, except as limited by this Act or the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Financial activities

(2) The Agency shall not borrow money, invest funds or manage financial risks except in accordance with a by-law of the Agency that has been approved by the Minister of Finance. 2019, c. 9, Sched. 5, s. 18 (1).

Co-ordination of certain financial activities

(3) Subject to subsection (4), the Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risk of the Agency. 2019, c. 9, Sched. 5, s. 18 (1).

Direction of Minister of Finance

(4) The Minister of Finance may in writing direct a person other than the Ontario Financing Authority to perform the functions referred to in subsection (3). 2019, c. 9, Sched. 5, s. 18 (1).

Same

(5) A direction of the Minister of Finance under subsection (4) may be general or specific and may include terms and conditions that the Minister of Finance considers advisable. 2019, c. 9, Sched. 5, s. 18 (1).

Loans, etc. to Agency

(6) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance to purchase securities of, or make loans to, the Agency in the amounts, at the times and on the terms determined by the Minister of Finance, subject to the maximum principal amount specified by the Lieutenant Governor in Council that may be purchased or advanced or that may be outstanding at the time. 2019, c. 9, Sched. 5, s. 18 (1).

Same

(7) The Minister of Finance may pay out of the Consolidated Revenue Fund any amount required for the purposes of subsection (6). 2019, c. 9, Sched. 5, s. 18 (1).

Delegation of Minister’s authority

(8) The Lieutenant Governor in Council may, by order, delegate all or part of the authority of the Minister of Finance under subsection (7) to a public servant who works in the Ministry of Finance, other than in the office of the Minister, or who works in the Ontario Financing Authority. 2019, c. 9, Sched. 5, s. 18 (1).

Subsidiary corporation

(9) The Agency shall not establish a subsidiary corporation, except as permitted by the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Commercial activity

(10) The Agency shall not engage in commercial activity through an individual, corporation or other entity that is related to the Agency, to a member of its board of directors or to any of its officers, except as permitted by the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Objects of Agency

20.6 (1) The Agency’s objects are to manage the Fund in accordance with the Fund’s purpose under subsection 20.1 (2) and, to this end, the Agency shall,

(a) receive all money from sources listed in subsection 20.2 (1) and deposit it into the Fund;

(b) determine which activities are eligible for funding from the Fund;

(c) enter into funding agreements with persons to ensure that the funded activities are carried out in accordance with the purpose of the Fund;

(d) administer and manage the money in the Fund;

(e) pay money out of the Fund in accordance with the purpose of the Fund, section 20.7, the guidelines established by the Minister under section 20.8, section 20.10 and the regulations; and

(f) to perform the duties and exercise the powers assigned to the Agency by this Act and the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Use of revenues

(2) The Agency shall apply its revenues to carry out its objects and duties and for no other purpose. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Activities eligible for funding

20.7 (1) Subject to subsection (2), the Agency may make payments out of the Fund to a person who wishes to carry out an activity only if,

(a) the purpose of the activity is consistent with the purpose of the Fund; and

(b) the activity is reasonably likely to contribute to or have one or more of the following results with respect to a conservation fund species:

(i) the abatement or reversal of a declining population trend,

(ii) an increase in the viability or resilience of an existing population of the species,

(iii) an increase in the distribution of the species within its natural range, or

(iv) an increase in the number of reproductively-capable individuals of the species living in the wild. 2019, c. 9, Sched. 5, s. 18 (1).

Where government response statement published

(2) If a government response statement has been published with respect to a conservation fund species under section 12.1 as that section read immediately before the transition date, the Agency shall not make payments out of the Fund to carry out an activity with respect to that species unless,

(a) the requirements of subsection (1) are satisfied; and

(b) either of the following requirements are satisfied:

(i) the activity is consistent with the actions that are identified in the government response statement as actions the government intends to take, lead or support, or

(ii) the activity is not consistent with the actions described in subclause (i) but, according to the guidelines issued by the Minister under section 20.8, the activity is eligible to receive funding from the Fund. 2019, c. 9, Sched. 5, s. 18 (1); 2025, c. 4, Sched. 2, s. 18 (1).

Same

(3) The activities that are eligible for funding under subsection (1) include activities that,

(a) reduce threats to conservation fund species;

(b) expand, improve or secure the habitat of the conservation fund species; and

(c) contribute to the body of scientific information related to the species or its habitat, including information obtained from community knowledge and Indigenous traditional knowledge. 2019, c. 9, Sched. 5, s. 18 (1); 2025, c. 4, Sched. 2, s. 18 (2).

Activities excluded from funding

(4) The activities that are prescribed by the regulations are not eligible to receive funding from the Fund. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

2025, c. 4, Sched. 2, s. 18 (1, 2) - 05/06/2025

Guidelines for funding of activities

20.8 (1) The Minister may establish written guidelines respecting activities that may receive funding from the Fund and the guidelines shall be consistent with the purpose of the Fund. 2019, c. 9, Sched. 5, s. 18 (1).

Content

(2) The guidelines may,

(a) establish objectives and priorities for funding;

(b) establish standards for activities that receive funding from the Fund; and

(c) set out activities with respect to a conservation fund species that are eligible to receive funding from the Fund, despite not meeting the requirements of subclause 20.7 (2) (b) (i). 2019, c. 9, Sched. 5, s. 18 (1).

Compliance

(3) The Agency shall determine eligibility for funding of activities in a manner that is consistent with the guidelines established by the Minister and published under subsection (5). 2019, c. 9, Sched. 5, s. 18 (1).

Not a regulation

(4) The guidelines established under this section is not a regulation under Part III of the Legislation Act, 2006. 2019, c. 9, Sched. 5, s. 18 (1).

Publication

(5) The Minister shall publish the guidelines on a website maintained by the Government of Ontario and the Agency shall publish the guidelines on a website maintained by the Agency. 2019, c. 9, Sched. 5, s. 18 (1).

(6) Repealed: 2020, c. 18, Sched. 6, s. 50.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

2020, c. 18, Sched. 6, s. 50 - 22/02/2024

Directions

20.9 (1) If the Minister considers it advisable in the public interest to do so, the Minister may issue directions to the Agency relating to the governance and administration of the Agency or the administration or management of the Fund. 2019, c. 9, Sched. 5, s. 18 (1).

Exception

(2) Despite subsection (1), the Minister shall not give directions on,

(a) matters relating to the borrowing of money, the investment of funds or the managing of financial risks; or

(b) matters that may be subject to guidelines under section 20.8. 2019, c. 9, Sched. 5, s. 18 (1).

Notice

(3) The Minister shall give the Agency the notice that the Minister considers reasonable in the circumstances before issuing a direction. 2019, c. 9, Sched. 5, s. 18 (1).

Compliance

(4) The Agency shall comply with any directions issued by the Minister within the time specified in the direction. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Additional payments out of Fund

20.10 In addition to any activities funded by the Fund, the Agency may make payments out of the Fund for the purpose of,

(a) funding the administration and operation of the Agency;

(b) reimbursing the Crown for expenditures incurred by the Crown in relation to establishing the Agency or for any funding advanced by the Crown from time to time; and

(c) refunding species conservation charges in accordance with the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Operating agreement

20.11 (1) The Minister and the Agency shall enter into an operating agreement with respect to the Agency in accordance with this section. 2019, c. 9, Sched. 5, s. 18 (1).

Contents

(2) The operating agreement shall deal with matters that the Minister considers advisable in the public interest relating to carrying out the Agency’s objects under this Act, including matters relating to its governance and operations. 2019, c. 9, Sched. 5, s. 18 (1).

Amendment

(3) The Minister may, at any time, serve notice on the Agency that an amendment to the operating agreement is required. 2019, c. 9, Sched. 5, s. 18 (1).

Same

(4) An amendment shall be agreed on by the Minister and the Agency within 180 days after notice is served under subsection (3), or within a longer period that the Minister, before or after the expiry of the 180-day period, may in writing allow. 2019, c. 9, Sched. 5, s. 18 (1).

Availability to public

(5) The Agency shall make the operating agreement available to the public on a website maintained by the Agency. 2019, c. 9, Sched. 5, s. 18 (1).

Implementation

(6) The Agency shall carry out its objects and duties in a manner that is consistent with the operating agreement. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Fiscal year

20.12 The Agency’s fiscal year shall be as prescribed by the regulations. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Annual business plan

20.13 (1) On or before a date set out in the operating agreement, the Agency shall adopt and submit to the Minister a business plan for the implementation of its objects during a fiscal year specified in the operating agreement. 2019, c. 9, Sched. 5, s. 18 (1).

Contents

(2) The business plan shall include any information that is required by the operating agreement or requested by the Minister. 2019, c. 9, Sched. 5, s. 18 (1).

Availability to public

(3) The Agency shall make each business plan available to the public on a website maintained by the Agency in accordance with the operating agreement. 2019, c. 9, Sched. 5, s. 18 (1).

First business plan

(4) Within the first year after of the day the Agency is established by regulation, the Minister may require the Agency to adopt and submit to the Minister a business plan for the implementation of its objects for the remainder of the calendar year and the business plan shall contain the information specified by the Minister. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Review

20.14 (1) The Minister may require that reviews be carried out of the Agency, of its operations, or of both, including, without limitation, performance, governance, accountability and financial matters. 2019, c. 9, Sched. 5, s. 18 (1).

Manner

(2) The Minister may specify that the review be carried out,

(a) by or on behalf of the Agency; or

(b) by a person specified by the Minister. 2019, c. 9, Sched. 5, s. 18 (1).

Access to records and information

(3) When a review is carried out by a person specified by the Minister, the Agency’s shall give the person and the person’s employees or agents access to all records and other information required to conduct the review. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Financial statements

20.15 (1) The Agency shall prepare annual financial statements in accordance with generally accepted accounting principles. 2019, c. 9, Sched. 5, s. 18 (1).

Auditors

(2) The Agency shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the financial statements of the Agency for each fiscal year. 2019, c. 9, Sched. 5, s. 18 (1).

Auditor General

(3) The Auditor General may also audit the financial statements of the Agency. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Reports by Agency

Annual report

20.16 (1) Every year, the Agency shall provide a report to the Minister no later than 120 days after the end of the Agency’s fiscal year in respect of,

(a) the financial affairs of the Agency during the fiscal year;

(b) deposits made into the Fund during the fiscal year;

(c) the payments made out of the Fund for the purpose of administering and operating the Agency during the fiscal year;

(d) the activities funded by the Fund during the fiscal year;

(e) the balance of funds remaining in the Fund at the end of the fiscal year;

(f) a description of how the activities funded by the Fund have helped fulfil the purpose of the Fund; and

(g) any other information required by the operating agreement or requested by the Minister. 2019, c. 9, Sched. 5, s. 18 (1).

Audited financial statements

(2) The annual report shall include a copy of the audited financial statements of the Agency. 2019, c. 9, Sched. 5, s. 18 (1).

Signature

(3) The annual report shall be signed by the chair of the board of directors of the Agency. 2019, c. 9, Sched. 5, s. 18 (1).

Five-year report

(4) Promptly following the fifth anniversary of the day the Agency is established by regulation, and every five years thereafter, the Agency shall provide a report to the Minister on the effectiveness of the Fund in achieving its purpose and any other information required by the Minister, together with any recommendations the Agency wishes to make. 2019, c. 9, Sched. 5, s. 18 (1).

Consultation

(5) In preparing a five-year report, the Agency shall consult with such persons as the Minister considers advisable by any means the Minister considers advisable. 2019, c. 9, Sched. 5, s. 18 (1).

Other reports

(6) The Agency shall provide the Minister with such other reports and information as the Minister may request. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Reports available to public

20.17 The Agency shall make the reports provided under subsections 20.16 (1) and (4) available to the public on a website maintained by the Agency and in any other manner that may be prescribed by the regulations and in accordance with any requirement set out in the operating agreement. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

Protection from liability

Immunity of Crown

20.18 (1) No proceeding shall be commenced against the Crown in respect of any act or omission of the Agency or its officers, directors or employees. 2019, c. 9, Sched. 5, s. 18 (1).

Protections from personal liability

(2) No proceeding for damages shall be commenced against any officer, director or employee of the Agency for any act done in good faith in the performance or intended performance of their duty or for any alleged neglect or default in the performance in good faith of that duty. 2019, c. 9, Sched. 5, s. 18 (1); 2025, c. 4, Sched. 2, s. 19.

Agency’s liability

(3) Subsection (2) does not relieve the Agency of any liability to which it would otherwise be subject in respect of an act or omission of a person mentioned in that subsection. 2019, c. 9, Sched. 5, s. 18 (1).

Unpaid judgments against Agency

(4) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgement against the Agency that remains unpaid after the Agency has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment. 2019, c. 9, Sched. 5, s. 18 (1).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019

2025, c. 4, Sched. 2, s. 19 - 05/06/2025

Winding up the Agency

20.19 (1) The Minister may, by order, require the board of directors to wind up the affairs of the Agency. 2025, c. 4, Sched. 2, s. 20.

Preparation of plan

(2) If the Minister makes an order under subsection (1), the board of directors shall prepare a proposed plan for winding up the Agency and transferring its assets, liabilities, rights and obligations and shall give the proposed plan to the Minister for approval. 2025, c. 4, Sched. 2, s. 20.

Restriction

(3) The plan for winding up the Agency shall provide for transferring assets, liabilities, rights and obligations to the Crown in right of Ontario. 2025, c. 4, Sched. 2, s. 20.

Implementation

(4) If the Minister approves the proposed plan, the board shall wind up the affairs of the Agency and transfer its assets, liabilities, rights and obligations, including transferring the proceeds from the liquidation of assets, in accordance with the plan. 2025, c. 4, Sched. 2, s. 20.

Species Conservation Account

(5) An account shall be established in the Public Accounts to be known as the Species Conservation Account in English and compte pour la conservation des espèces in French in which shall be recorded an amount equal to the balance in the Fund that is transferred to the Crown in right of Ontario in accordance with the plan for winding up the Agency. 2025, c. 4, Sched. 2, s. 20.

Amount deemed to be paid to Ontario

(6) For the purposes of subsection (5), an amount equal to the balance in the Fund that is transferred to the Crown in right of Ontario in accordance with the plan for winding up the Agency is deemed to be paid to Ontario. 2025, c. 4, Sched. 2, s. 20.

Payment out of the account

(7) Amounts not exceeding the balance in the account may be charged to the Species Conservation Account and paid out of the Consolidated Revenue Fund for the purpose of funding activities that further the purposes of this Act. 2025, c. 4, Sched. 2, s. 20.

Notice

(8) The board shall notify the Minister in writing when it has finished complying with subsection (4). 2025, c. 4, Sched. 2, s. 20.

Dissolution

(9) After the Minister receives the notice under subsection (8), the Lieutenant Governor in Council may, by order, dissolve the Agency. 2025, c. 4, Sched. 2, s. 20.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 20 - 05/06/2025

Enforcement

Provincial officers

21 The Minister may designate persons or classes of persons as provincial officers, in respect of any provision of this Act or the regulations set out in the designation. 2025, c. 4, Sched. 2, s. 21.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 19 - 01/07/2019

2025, c. 4, Sched. 2, s. 21 - 05/06/2025

Production of identification

22 A provincial officer who is acting under this Act shall, on request, produce identification.  2007, c. 6, s. 22; 2025, c. 4, Sched. 2, s. 48.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 48 - 05/06/2025

Power to require response to inquiries

22.1 (1) For the purposes of determining if a person is in compliance with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries. 2025, c. 4, Sched. 2, s. 22.

Same

(2) For the purposes of subsection (1), a provincial officer may make inquiries by any means of communication. 2025, c. 4, Sched. 2, s. 22.

Production of document

(3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer may require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purpose of the inquiry. 2025, c. 4, Sched. 2, s. 22.

Records in electronic form

(4) If a record is retained in electronic form, a provincial officer may require that a copy of it be provided on paper or electronically, or both. 2025, c. 4, Sched. 2, s. 22.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 22 - 05/06/2025

Inspections to determine compliance

23 (1) A provincial officer may enter and inspect any land or other place without a warrant for the purpose of determining whether there is compliance with any of the following provisions:

1. Subsection 8.2 (3), section 9 or 10, subsection 26 (5) or section 35 or 49.

2. Any provision of an authorization granted under subsection 9 (5) as that subsection read immediately before the transition date.

3. Any provision of an agreement entered into under section 16 as that section read immediately before the transition date.

4. Any provision of a permit issued under section 17.

5. Any provision of a permit issued under subsection 19 (3) as that subsection read immediately before the transition date.

6. Any provision of an order made under section 26.1, 27, 27.1, 28 or 41.

7. Any provision of the regulations. 2025, c. 4, Sched. 2, s. 23 (1).

(2), (3) Repealed: 2025, c. 4, Sched. 2, s. 23 (1).

Dwellings

(4) Subsection (1) does not authorize the provincial officer to enter a building or part of a building that is being used as a dwelling.  2007, c. 6, s. 23 (4); 2025, c. 4, Sched. 2, s. 23 (2), 48.

Warrant; compliance with agreements, permits, orders

(5) On application without notice, a justice may issue a warrant authorizing a provincial officer to enter and inspect any land or other place, including a building or part of a building that is being used as a dwelling, if the justice is satisfied by information under oath that there are reasonable grounds to believe that,

(a) an inspection under this section would assist in determining whether there is compliance with a provision referred to in subsection (1); and

(b) entry has been refused or is likely to be refused.  2007, c. 6, s. 23 (5); 2025, c. 4, Sched. 2, s. 23 (3), 48.

Duration

(6) A warrant issued under subsection (5) is valid for 30 days or for such shorter period as may be specified in it.  2007, c. 6, s. 23 (6); 2025, c. 4, Sched. 2, s. 23 (4).

Further warrants

(7) A justice may issue further warrants under subsection (5).  2007, c. 6, s. 23 (7); 2025, c. 4, Sched. 2, s. 23 (5).

Time of entry

(8) An entry under this section shall be made at a time that is reasonable in view of any activity that is conducted on the land or in the place.  2007, c. 6, s. 23 (8).

Powers during inspection

(9) During an inspection under this section, the provincial officer may,

(a) be accompanied and assisted by any person authorized by the provincial officer;

(b) inspect any thing that is relevant to the inspection;

(c) use or cause to be used any computer or other device that contains or is able to retrieve information, for the purpose of examining information contained in or available to the computer or other device, and produce or cause to be produced a printout or other output from the computer or other device;

(d) conduct any tests, take any measurements, take any specimens or samples, set up any equipment and make any photographic or other records that may be relevant to the inspection; and

(e) ask questions that may be relevant to the inspection.  2007, c. 6, s. 23 (9); 2025, c. 4, Sched. 2, s. 48.

Provision of information

(10) A person shall, during an inspection under this section, provide information requested by the provincial officer that is relevant to the inspection.  2007, c. 6, s. 23 (10); 2025, c. 4, Sched. 2, s. 48.

Copies

(11) The provincial officer may make copies of any thing inspected or produced during the inspection.  2007, c. 6, s. 23 (11); 2025, c. 4, Sched. 2, s. 48.

Removal

(12) The provincial officer may remove any thing for the purpose of making copies or of further inspection, but the copying or further inspection shall be carried out with reasonable dispatch and any thing removed shall be returned promptly to the person from whom it was taken unless it is not reasonable for the person to expect the thing to be returned.  2007, c. 6, s. 23 (12); 2025, c. 4, Sched. 2, s. 48.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 20 - 01/07/2019

2025, c. 4, Sched. 2, s. 23 (1-5), 48 - 05/06/2025

Inspection of vehicles, boats, aircraft

24 (1) A provincial officer may stop a vehicle, boat or aircraft if the officer has reasonable grounds to believe that stopping the vehicle, boat or aircraft would assist in determining whether there is compliance with any of the following provisions:

1. Subsection 8.2 (3), section 9 or 10, subsection 26 (5) or section 35 or 49.

2. Any provision of an authorization granted under subsection 9 (5) as that subsection read immediately before the transition date.

3. Any provision of an agreement entered into under section 16 as that section read immediately before the transition date.

4. Any provision of a permit issued under section 17.

5. Any provision of a permit issued under subsection 19 (3) as that subsections read immediately before the transition date.

6. Any provision of an order made under section 26.1, 27, 27.1, 28 or 41.

7. Any provision of the regulations. 2025, c. 4, Sched. 2, s. 24 (1).

Operator to stop

(2) On the provincial officer’s signal to stop, the operator of the vehicle, boat or aircraft shall immediately stop and produce for inspection any thing requested by the officer that is relevant to the purpose for which the vehicle, boat or aircraft was stopped.  2007, c. 6, s. 24 (2); 2025, c. 4, Sched. 2, s. 24 (2).

Stop signals

(3) For the purpose of subsection (2), signals to stop include,

(a) intermittent flashes of red light, in the case of a vehicle;

(b) intermittent flashes of blue light, in the case of a boat; and

(c) a hand signal to stop, in the case of a vehicle or boat.  2007, c. 6, s. 24 (3).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 21 (1, 2) - 01/07/2019

2025, c. 4, Sched. 2, s. 24 (1, 2) - 05/06/2025

Searches with respect to offences

25 (1) On application without notice, a justice may issue a warrant authorizing an provincial officer to use any investigative technique or procedure or to do any thing described in the warrant if the justice is satisfied by information under oath that there are reasonable grounds to believe that an offence under this Act has been or is being committed and that evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing.  2007, c. 6, s. 25 (1); 2025, c. 4, Sched. 2, s. 48.

Assistance

(2) The warrant may authorize any person specified in the warrant to accompany and assist the provincial officer in the execution of the warrant.  2007, c. 6, s. 25 (2); 2025, c. 4, Sched. 2, s. 48.

Terms and conditions of warrant

(3) The warrant shall authorize the provincial officer to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may, in respect of the alleged offence, authorize the provincial officer to conduct any tests, take any measurements, take any specimens or samples, set up any equipment, make any excavations and make any photographic or other records that may be relevant to the search.  2007, c. 6, s. 25 (3); 2025, c. 4, Sched. 2, s. 48.

Duration

(4) The warrant is valid for 30 days or for such shorter period as may be specified in it.  2007, c. 6, s. 25 (4).

Further warrants

(5) A justice may issue further warrants under subsection (1).  2007, c. 6, s. 25 (5).

Part VIII of the Provincial Offences Act

(6) Subsections (1) to (5) do not prevent an provincial officer from obtaining a search warrant under Part VIII of the Provincial Offences Act.  2007, c. 6, s. 25 (6); 2025, c. 4, Sched. 2, s. 48.

Searches without warrant

(7) If an provincial officer has reasonable grounds to believe that there is in a building or other place any thing that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the provincial officer may, without a warrant, enter and search the building or other place.  2007, c. 6, s. 25 (7); 2025, c. 4, Sched. 2, s. 48.

Dwellings

(8) Subsection (7) does not apply to a building or part of a building that is being used as a dwelling.  2007, c. 6, s. 25 (8).

Computers, etc.

(9) An provincial officer who is conducting a search that is authorized by a warrant or by subsection (7) may, for the purpose of examining information contained in or available to any computer or other device that contains or is able to retrieve information, use or cause to be used the computer or other device and produce or cause to be produced a printout or other output from the computer or other device.  2007, c. 6, s. 25 (9); 2025, c. 4, Sched. 2, s. 48.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 48 - 05/06/2025

Seizure and forfeiture

26 (1) An provincial officer who is lawfully in a building or other place may, without a warrant, seize any thing that the officer has reasonable grounds to believe,

(a) has been obtained by the commission of an offence under this Act;

(b) has been used in the commission of an offence under this Act;

(c) will afford evidence of the commission of an offence under this Act; or

(d) is intermixed with a thing referred to in clause (a), (b) or (c).  2007, c. 6, s. 26 (1); 2025, c. 4, Sched. 2, s. 25, 48.

Presence pursuant to warrant

(2) If the provincial officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant.  2007, c. 6, s. 26 (2); 2025, c. 4, Sched. 2, s. 48.

Safekeeping

(3) An provincial officer shall deliver any thing that the officer seizes to a person authorized by the Minister for safekeeping.  2007, c. 6, s. 26 (3); 2025, c. 4, Sched. 2, s. 25, 48.

Leaving with occupant

(4) Despite subsection (3), an provincial officer may leave a thing that the officer seizes in the custody of the occupant of the building or other place in which it was seized.  2007, c. 6, s. 26 (4); 2025, c. 4, Sched. 2, s. 25, 48.

Occupant to safeguard

(5) If any thing is left in the custody of an occupant under subsection (4), the occupant shall safeguard the thing until,

(a) an provincial officer removes the thing;

(b) the occupant is notified by an provincial officer that the investigation has concluded and that a charge will not be laid; or

(c) the defendant is acquitted or the charge is dismissed or withdrawn, if a charge is laid and the charge is finally disposed of.  2007, c. 6, s. 26 (5); 2025, c. 4, Sched. 2, s. 48.

Thing taken before justice

(6) Subsections (3) and (4) do not apply to a thing that is required to be carried before a justice by a search warrant issued under Part VIII of the Provincial Offences Act.  2007, c. 6, s. 26 (6).

Return of seized things

(7) Any thing seized and not forfeited under this section shall be returned to the person from whom it was seized if,

(a) a charge is not laid at the conclusion of the investigation; or

(b) a charge is laid but, when the charge is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn.  2007, c. 6, s. 26 (7).

Payment of fine

(8) If a person is convicted of an offence and a fine is imposed,

(a) a thing seized in connection with the offence and not forfeited to the Crown in right of Ontario under this section shall not be returned until the fine has been paid; and

(b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown in right of Ontario.  2007, c. 6, s. 26 (8).

Forfeiture if identity unknown

(9) If the identity of the person from whom a thing was seized has not been ascertained within 30 days after the seizure, the thing is forfeited to the Crown in right of Ontario.  2007, c. 6, s. 26 (9).

Forfeiture of dead animals, etc.

(10) Despite any order under Part VIII of the Provincial Offences Act, any dead animal, plant or other organism that is seized is forfeited to the Crown in right of Ontario if, in the opinion of the person who has custody of it, it is likely to spoil.  2007, c. 6, s. 26 (10).

Forfeiture of live animals, etc.

(11) Despite any order under Part VIII of the Provincial Offences Act, any live animal, plant or other organism that is seized is forfeited to the Crown in right of Ontario if, in the opinion of the person who has custody of it, it cannot properly be maintained in custody.  2007, c. 6, s. 26 (11).

Forfeiture on conviction

(12) If a person is convicted of an offence under this Act,

(a) any animal, plant or other organism seized in connection with the offence, and any cage, shelter or other container seized in connection with the animal, plant or other organism, are forfeited to the Crown in right of Ontario; and

(b) the justice may order that any other thing seized in connection with the offence be forfeited to the Crown in right of Ontario.  2007, c. 6, s. 26 (12).

Application of subs. (12)

(13) Subsection (12) applies in addition to any other penalty.  2007, c. 6, s. 26 (13).

Forfeiture if possession is an offence

(14) On motion in a proceeding under the Provincial Offences Act, or on application in accordance with the rules of court applicable to applications under that Act, a justice shall determine whether possession of a thing seized is an offence under this Act and, if it is, the justice shall order that the thing be forfeited to the Crown in right of Ontario.  2007, c. 6, s. 26 (14).

Application of subs. (14)

(15) Subsection (14) applies whether or not a charge is laid in respect of the thing seized and, if a charge is laid, subsection (14) applies even if the defendant is acquitted or the charge is dismissed or withdrawn.  2007, c. 6, s. 26 (15).

Disposition of forfeited thing

(16) A thing forfeited to the Crown in right of Ontario shall be disposed of in accordance with the directions of the Minister.  2007, c. 6, s. 26 (16).

Application by person with interest

(17) If a thing is forfeited to the Crown in right of Ontario following a conviction under this Act, a person who claims an interest in the thing and who is not the person from whom the thing was seized or the person who was convicted may apply to a justice, not later than 30 days after the thing is forfeited, on notice to the Minister and to the person from whom the thing was seized, for an order directing that the thing be released to the person claiming the interest.  2007, c. 6, s. 26 (17).

Conditions

(18) An order made under subsection (17) is subject to such conditions as may be imposed by the justice.  2007, c. 6, s. 26 (18).

Exception

(19) Subsections (17) and (18) do not apply to a thing forfeited under subsection (10) or (11).  2007, c. 6, s. 26 (19).

Interpretation

(20) Subsection 9 (6) applies, with necessary modifications, to the references in this section to animals, plants and other organisms, and those references include references to any part of an animal, plant or other organism.  2007, c. 6, s. 26 (20).

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 25, 48 - 05/06/2025

Contravention order

26.1 (1) A provincial officer may make an order requiring a person to take one or more of the actions set out in subsection (2) within the time and in the manner specified in the order if the provincial officer has reasonable grounds to believe that the person is engaging in an activity, has engaged in an activity or may engage in an activity and, as a result, is contravening, has contravened or may contravene any of the following provisions:

1. Any provision of the Act or regulations.

2. Any provision of an authorization granted under subsection 9 (5) as that subsection read immediately before the transition date.

3. Any provision of an agreement entered into under section 16 as that section read immediately before the transition date.

4. Any provision of a permit issued under section 17.

5. Any provision of a permit issued under subsection 19 (3) as that subsection read immediately before the transition date.

6. Any provision of an order made under section 26.1, 27, 27.1, 28 or 41.

7. Any provision of the regulations. 2025, c. 4, Sched. 2, s. 26.

Contents

(2) The following are the actions mentioned in subsection (1):

1. Stop engaging in or not engage in the activity.

2. Take steps to prevent, mitigate, address or avoid any adverse effect of the activity on the species specified in the order.

3. Take steps to rehabilitate or restore any area damaged or destroyed by the activity or to provide for alternative habitat.

4. Engage contractors or consultants satisfactory to the provincial officer to prepare a plan or carry out requirements.

5. Secure, by means of locks, gates, fences, security guards or other means any land, place, thing or species specified in the order.

6. Obtain, construct, install or modify the things, devices, equipment or facilities specified in the order at the locations and in the manner specified in the order.

7. Sample, test, measure, monitor or report in respect of a species specified in the order or its habitat, including describing the presence or status of the species or its habitat.

8. Take all steps necessary to achieve compliance with the provision.

9. Prevent the commission, continuation or repetition of the contravention.

10. Pay a species conservation charge that the person is otherwise required to pay under this Act to the Agency in accordance with section 20.3. 2025, c. 4, Sched. 2, s. 26.

Information to be included in order

(3) The order shall,

(a) specify the provision that the provincial officer believes is being, has been or may be contravened;

(b) identify the species or habitat that the order relates to;

(c) briefly describe the nature of the potential contravention and its location; and

(d) state that a hearing on the order may be required in accordance with section 30. 2025, c. 4, Sched. 2, s. 26.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 26 - 05/06/2025

Mitigation order

27 (1) The Minister may issue an order described in subsection (2) to a person who is authorized under the following provisions to carry out an activity that would otherwise be prohibited by section 9 or 10 in respect of a species or to a person who is exempt from those prohibitions under a regulation in respect of a species:

1. Section 16 as that section read immediately before the transition date.

2. Section 17.

3. Subsection 19 (3) as that subsection read immediately before the transition date. 2025, c. 4, Sched. 2, s. 27.

Contents

(2) The order shall require a person mentioned in subsection (1) to take one or more of the following actions within the time and in the manner specified in the order if the Minister has reasonable grounds to believe that the actions are necessary or advisable to mitigate any potential adverse effect on the species or its habitat resulting from the activity:

1. Engage contractors or consultants satisfactory to the Minister or a provincial officer to prepare a plan or carry out requirements.

2. Secure, by means of locks, gates, fences, security guards or other means any land, place, thing or species specified in the order.

3. Obtain, construct, install or modify the things, devices, equipment or facilities specified in the order at the locations and in the manner specified in the order.

4. Sample, test, measure, monitor or report in respect of a species specified in the order or its habitat, including describing the presence or status of the species or its habitat.

5. Prevent, mitigate, address or avoid any adverse effect on a species specified in the order or its habitat, including action to rehabilitate or restore any habitat damaged or destroyed or to provide for alternative habitat.

6. Study, monitor or report on any adverse effect on a species specified in the order or its habitat or the effectiveness of any of the requirements in the order to prevent, mitigate or remedy any adverse effect.

7. Any other action specified in the order necessary to mitigate any adverse effect on a species specified in the order or its habitat. 2025, c. 4, Sched. 2, s. 27.

Information to be included in order

(3) The order shall,

(a) identify the species or habitat that the order relates to;

(b) briefly describe the reasons for the order and the circumstances on which the reasons are based, including the nature of the activity and the effect of the activity on the species or its habitat; and

(c) state that a hearing on the order may be required in accordance with section 30. 2025, c. 4, Sched. 2, s. 27.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 22 (1-3) - 01/07/2019

2025, c. 4, Sched. 2, s. 27 - 05/06/2025

Species Protection Order

27.1 (1) The Minister may make an order described in subsection (2) if the Minister has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that has or is about to have a significant adverse effect on a species and either of the following criteria are satisfied:

1. The species is listed on the Species at Risk in Ontario List as an endangered or threatened species, a regulation under clause 55 (1) (c) provides that one or more of the prohibitions in subsection 9 (1) do not apply with respect to the species and, as a result of the regulation, section 9 will not prevent the person from engaging in the activity.

2. The species is not listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species and the Minister has received a report from COSSARO classifying or reclassifying the species as an extirpated, endangered or threatened species. 2025, c. 4, Sched. 2, s. 28 (1).

Contents of order

(2) The order may include any one or more of the following orders:

1. An order requiring the person to stop engaging in or not to engage in the activity.

2. An order prohibiting the person from engaging in the activity except in accordance with directions set out in the order.

3. An order directing the person to take steps set out in the order within the time and in the manner specified in the order to address the significant adverse effect of the activity on the species. 2019, c. 9, Sched. 5, s. 23; 2025, c. 4, Sched. 2, s. 28 (2).

Information to be included in order

(3) The order shall,

(a) identify the species to which the order relates;

(b) briefly describe the nature of the activity and the significant adverse effect of the activity on the species; and

(c) state that a hearing on the order may be required in accordance with section 30. 2019, c. 9, Sched. 5, s. 23.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 23 - 01/07/2019

2025, c. 4, Sched. 2, s. 28 (1, 2) - 05/06/2025

Habitat protection order

28 (1) The Minister may make an order described in subsection (2) if the Minister has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that is destroying or seriously damaging or is about to destroy or seriously damage any of the following:

1. The habitat for a species and any of the following criteria are satisfied:

i. The species is listed on the Species at Risk in Ontario List as an extirpated species and no regulation is in force that prescribes the species for the purpose of clause 10 (1) (b).

ii. The species is not listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species and the Minister has received a report from COSSARO classifying or reclassifying the species as an extirpated, endangered or threatened species.

iii. The species is listed on the Species at Risk in Ontario List as an endangered or threatened species, a regulation under clause 55 (1) (c) provides that one or more of the prohibitions in subsection 10 (1) do not apply with respect to the species and, as a result of the regulation, section 10 will not prevent the person from engaging in the activity.

2. An area that does not meet the definition of “habitat” in subsection 2 (1) but is an area on which a member of a species listed on the Species at Risk in Ontario List directly depends in order to carry on its life processes.

3. An area that would otherwise be habitat for a member of a species listed on the Species at Risk in Ontario List but for a regulation made under clause 55 (1) (b) that limits the definition of “habitat” in respect of the species. 2025, c. 4, Sched. 2, s. 29 (1).

Contents of order

(2) The order may include any one or more of the following orders:

1. An order requiring the person to stop engaging in or not to engage in the activity.

2. An order prohibiting the person from engaging in the activity except in accordance with directions set out in the order.

3. An order directing the person to take steps set out in the order within the time and in the manner specified in the order to rehabilitate or restore any area damaged or destroyed by the activity or to provide for alternative habitat.  2007, c. 6, s. 28 (2); 2025, c. 4, Sched. 2, s. 29 (2).

Information to be included in order

(3) The order shall,

(a) identify the species and the habitat that the order relates to;

(b) briefly describe the nature of the activity and the important feature of the area affected by the activity; and

(c) state that a hearing on the order may be required in accordance with section 30.  2007, c. 6, s. 28 (3); 2025, c. 4, Sched. 2, s. 29 (3).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 24 (1-3) - 01/07/2019

2025, c. 4, Sched. 2, s. 29 (1-3) - 05/06/2025

Service of order

29 (1) An order under section 26.1, 27, 27.1 or 28 shall be served,

(a) personally;

(b) by mail addressed to the person against whom the order is made at the person’s last known address; or

(c) in accordance with the regulations, if any. 2025, c. 4, Sched. 2, s. 30 (1).

Registered mail

(2) An order served by mail shall be deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the order until a later date.  2007, c. 6, s. 29 (2); 2025, c. 4, Sched. 2, s. 30 (2).

Effective date

(3) An order under section 26.1, 27, 27.1 or 28 takes effect when it is served, or at such later time as is specified in the order.  2007, c. 6, s. 29 (3); 2019, c. 9, Sched. 5, s. 25 (2); 2025, c. 4, Sched. 2, s. 30 (3).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 25 (1-2) - 01/07/2019

2025, c. 4, Sched. 2, s. 30 (1-3) - 05/06/2025

Appeals

Appeal of permit or order

30 (1) A person may require a hearing by the Tribunal if,

(a) the Minister issues or refuses to issue a permit to the person or amends or revokes such a permit; or

(b) the Minister or a provincial officer issues an order to the person or amends such an order. 2025, c. 4, Sched. 2, s. 31.

Same

(2) The person may require the hearing by written notice served on the Minister or provincial officer, as applicable, and on the Tribunal, within 15 days after the action in respect of the permit is taken or the person is served with the order. 2025, c. 4, Sched. 2, s. 31.

Failure or refusal to issue, etc.

(3) Failure or refusal to make, amend or revoke an order is not itself an order. 2025, c. 4, Sched. 2, s. 31.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 31 - 05/06/2025

Extension of time for requiring hearing

30.1 The Tribunal shall extend the time in which a person may give a notice under section 30 requiring a hearing on a permit or an order if, in the Tribunal’s opinion, it is just to do so because the person establishes that they, acting in good faith, did not receive notice of the permit or order or received it on a later date because of a reason beyond the person’s control, including absence, accident, disability or illness. 2025, c. 4, Sched. 2, s. 31.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 31 - 05/06/2025

Contents of notice requiring hearing

30.2 (1) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing,

(a) the portions of the permit or order in respect of which the hearing is required; and

(b) the grounds on which the applicant intends to rely at the hearing. 2025, c. 4, Sched. 2, s. 31.

Effect of contents of notice

(2) Except with leave of the Tribunal, at a hearing by the Tribunal, an applicant is not entitled to appeal a portion of the permit or order, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing. 2025, c. 4, Sched. 2, s. 31.

Leave by Tribunal

(3) The Tribunal may grant the leave referred to in subsection (2) if the Tribunal is of the opinion that to do so is proper in the circumstances, and it may give such directions as it considers proper consequent on the granting of the leave. 2025, c. 4, Sched. 2, s. 31.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 31 - 05/06/2025

No stay on appeal

30.3 (1) The commencement of a proceeding before the Tribunal does not stay the operation of the portions of a permit or an order under appeal unless the Tribunal orders otherwise. 2025, c. 4, Sched. 2, s. 31.

Tribunal may grant stay

(2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of the portions of a permit or an order described in subsection (1). 2025, c. 4, Sched. 2, s. 31.

Right to apply to remove stay: new circumstances

(3) A party to a proceeding may apply for the removal of a stay that was granted under subsection (2) if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application. 2025, c. 4, Sched. 2, s. 31.

Right to apply to remove stay: new party

(4) A person who is made a party to a proceeding after a stay is granted under subsection (2) may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application. 2025, c. 4, Sched. 2, s. 31.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 31 - 05/06/2025

Parties

30.4 The following persons are parties to the proceeding:

1. The person requiring the hearing.

2. The provincial officer, if the officer issued the order being appealed.

3. The Minister, if the Minister issued the permit or order being appealed.

4. Any other person specified by the Tribunal. 2025, c. 4, Sched. 2, s. 31.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 31 - 05/06/2025

Powers of Tribunal

30.5 A hearing by the Tribunal shall be a new hearing and the Tribunal may confirm, amend or revoke the action of the Minister or the provincial officer that is the subject matter of the hearing and, for such purposes, the Tribunal may substitute its opinion for that of the Minister or provincial officer, as applicable. 2025, c. 4, Sched. 2, s. 31.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 31 - 05/06/2025

Appeals from Tribunal

30.6 (1) Any party to a hearing before the Tribunal under this Act may appeal from its decision on a question of law to the Divisional Court, with leave of the Divisional Court, in accordance with the rules of court. 2025, c. 4, Sched. 2, s. 31.

Decision of Tribunal not automatically stayed on appeal

(2) An appeal of a decision of the Tribunal to the Divisional Court under this section does not stay the operation of the decision, unless the Tribunal orders otherwise. 2025, c. 4, Sched. 2, s. 31.

Divisional Court may grant or set aside stay

(3) If a decision of the Tribunal is appealed to the Divisional Court under this section, the Divisional Court may,

(a) stay the operation of the decision; or

(b) set aside a stay ordered by the Tribunal under subsection (2). 2025, c. 4, Sched. 2, s. 31.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 31 - 05/06/2025

31 Repealed: 2025, c. 4, Sched. 2, s. 32.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 32 - 05/06/2025

Necessary force

32 A provincial officer may use whatever force is reasonably necessary to exercise any of their powers under this Act. 2025, c. 4, Sched. 2, s. 33, 48.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 33, 48 - 05/06/2025

Incidental authority to pass through

33 An provincial officer who has the power to enter any land, building or other place under this Act, and any person authorized under this Act to accompany the provincial officer, may enter and pass through other private property for the purpose of reaching the land, building or other place.  2007, c. 6, s. 33; 2025, c. 4, Sched. 2, s. 48.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 48 - 05/06/2025

Exemptions from Act, provincial officers

34 The Minister may, for the purpose of investigations and other law enforcement activities under this Act, exempt an provincial officer from the application of any provision of this Act, subject to such conditions as the Minister considers necessary.  2007, c. 6, s. 34; 2025, c. 4, Sched. 2, s. 48.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 48 - 05/06/2025

Compliance with investigations, etc.

Obstruction

35 (1) No person shall hinder or obstruct any provincial officer or any employee in or agent of the Ministry in the performance of their duties under this Act. 2025, c. 4, Sched. 2, s. 34.

False information

(2) No person shall orally, in writing or electronically give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry, any employee in or agent of the Ministry or any person involved in carrying out a program of the Ministry in respect of any matter related to this Act or the regulations. 2025, c. 4, Sched. 2, s. 34.

Same

(3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act or the regulations. 2025, c. 4, Sched. 2, s. 34.

Refusal to provide information

(4) No person shall refuse to provide any provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry with information required for the purposes of this Act and the regulations. 2025, c. 4, Sched. 2, s. 34.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 34 - 05/06/2025

Offences and Penalties

Offences

36 (1) A person is guilty of an offence if the person contravenes any of the following provisions:

1. Subsection 9 (1) or 10 (1), section 22.1, subsection 24 (2) or 26 (5), section 35, or subsection 49 (1) or (2).

2. Any provision of an authorization granted under subsection 9 (5) as that subsection read immediately before the transition date.

3. Any provision of an agreement entered into under section 16 as that section read immediately before the transition date.

4. Any provision of a permit issued under section 17.

5. Any provision of a permit issued under subsection 19 (3) as that subsection read immediately before the transition date.

6. Any provision of an order made under section 26.1, 27, 27.1, 28 or 41.

7. Any provision of the regulations. 2025, c. 4, Sched. 2, s. 35.

Attempts

(2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence.  2007, c. 6, s. 36 (2).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 26 (1-3) - 01/07/2019

2025, c. 4, Sched. 2, s. 35 - 05/06/2025

Corporations

37 If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.  2007, c. 6, s. 37.

Employers and principals

38 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that,

(a) the offence was committed without the knowledge of the defendant; and

(b) the offence was committed without the consent of the defendant.  2007, c. 6, s. 38.

Defence

39 A person shall not be convicted of an offence under this Act if the person establishes that,

(a) the person exercised all due diligence to prevent the commission of the offence; or

(b) the person honestly and reasonably believed in the existence of facts that, if true, would render the person’s conduct innocent.  2007, c. 6, s. 39.

Penalties

40 (1) A person convicted of an offence under this Act is liable,

(a) in the case of a first offence under this Act,

(i) to a fine of not more than $1,000,000, in the case of a corporation, or

(ii) to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person; and

(b) in the case of a second or subsequent offence under this Act,

(i) to a fine of not more than $2,000,000, in the case of a corporation, or

(ii) to a fine of not more than $500,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person.  2007, c. 6, s. 40 (1).

More than one animal, plant, etc.

(2) Despite subsection (1), if an offence involves more than one animal, plant or other organism, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (1), multiplied by the number of animals, plants and other organisms that are involved.  2007, c. 6, s. 40 (2).

Monetary benefit

(3) The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fine specified in subsection (1) or (2).  2007, c. 6, s. 40 (3).

Order for compliance

41 (1) The court that convicts a person of an offence under this Act may, in addition to imposing a fine or imprisonment, make any of the following orders against the person:

1. An order not to engage in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence.

2. An order to take any action that the court considers appropriate to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence or to provide for alternative habitat.

3. An order to pay the Government of Ontario or any other person for all or part of any costs incurred to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence.

4. An order to pay any person an amount for the purpose of assisting in the protection or conservation of the species in respect of which the offence was committed.

5. An order to take such other steps as are specified in the order to comply with this Act.

6. An order to pay all or part of any expenses incurred by the Minister or any other person with respect to the seizure, storage or disposition of any thing seized in connection with the offence.  2007, c. 6, s. 41 (1); 2025, c. 4, Sched. 2, s. 36 (1, 2).

Compliance with order

(2) A person shall comply with an order made under this section.  2007, c. 6, s. 41 (2).

Failure to comply

(3) If a person fails to comply with an order to take action under paragraph 2 of subsection (1), the Minister may take such action as the Minister considers appropriate to implement the order, and any cost or expense incurred by the Minister is a debt due to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person.  2007, c. 6, s. 41 (3); 2025, c. 4, Sched. 2, s. 36 (3).

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 36 (1-3) - 05/06/2025

Presiding judge

42 The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a prosecution for an offence under this Act.  2007, c. 6, s. 42.

Limitation period

43 A prosecution for an offence under this Act shall not be commenced more than five years after the offence was committed.  2007, c. 6, s. 43.

Similar species

44 In a prosecution under this Act,

(a) a living or dead animal, plant or other organism that is not easily distinguishable from a member of a species that is listed on the Species at Risk in Ontario List shall be deemed, in the absence of evidence to the contrary, to be a member of that species; and

(b) a part of a living or dead animal, plant or other organism that is not easily distinguishable from a part of a member of a species that is listed on the Species at Risk in Ontario List shall be deemed, in the absence of evidence to the contrary, to be a part of a member of that species.  2007, c. 6, s. 44.

Proof of inspected or seized things

45 In a prosecution under this Act, a copy of a document or other thing purporting to be certified by an provincial officer as a true copy of a document or other thing inspected or seized under this Act or Part VIII of the Provincial Offences Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the document or other thing.  2007, c. 6, s. 45; 2025, c. 4, Sched. 2, s. 48.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 48 - 05/06/2025

Miscellaneous

Existing aboriginal or treaty rights

46 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal or treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.  2007, c. 6, s. 46.

Species Conservation Program

47 (1) A program to be known in English as the Species Conservation Program and in French as Programme de conservation des espèces is hereby established.  2007, c. 6, s. 47 (1); 2025, c. 4, Sched. 2, s. 37 (1).

Purpose

(2) The purpose of the program is to promote conservation activities that relate to species, including,

(a) the preservation and rehabilitation of habitat, and the enhancement of other areas so that they can become habitat;

(b) Repealed: 2025, c. 4, Sched. 2, s. 37 (3).

(c) public education and outreach programs relating to conservation; and

(d) other activities to assist in the protection or conservation of species.  2007, c. 6, s. 47 (2) 2025, c. 4, Sched. 2, s. 37 (2-4).

Grants

(3) As part of the program, the Minister may make grants for the purpose described in subsection (2).  2007, c. 6, s. 47 (3).

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 37 (1-4) - 05/06/2025

48 Repealed: 2025, c. 4, Sched. 2, s. 38.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 38 - 05/06/2025

Codes of practice, etc.

48.1 The Minister may establish codes of practice, standards or guidelines with respect to the protection of species that are listed on the Species at Risk in Ontario List or their habitat. 2019, c. 9, Sched. 5, s. 27.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 27 - 01/07/2019

Laws of other jurisdictions

49 (1) A person shall not possess a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or anything derived from a living or dead animal, plant or other organism, if the thing possessed, or the animal, plant or other organism,

(a) was killed, captured, taken, possessed, collected, transported, bought, sold, leased or traded contrary to a law that is described in subsection (3); or

(b) was removed from another jurisdiction, contrary to a law of that jurisdiction that is described in subsection (3).  2007, c. 6, s. 49 (1).

Sale prohibited in other jurisdiction

(2) A person shall not buy, sell, lease, trade or offer to buy, sell, lease or trade a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or anything derived from a living or dead animal, plant or other organism, that has been transported into Ontario if, under a law that is described in subsection (3), the purchase, sale, lease or trade would not be permitted in the jurisdiction from which the animal, plant or other organism was originally exported.  2007, c. 6, s. 49 (2).

Applicable laws

(3) The laws referred to in subsections (1) and (2) are laws of another jurisdiction that protect animals, plants or other organisms that are identified under the applicable law as extirpated, endangered or threatened in that jurisdiction, or animals, plants or other organisms, however described, that are similarly at risk in that jurisdiction. 2007, c. 6, s. 49 (3); 2025, c. 4, Sched. 2, s. 40.

Defence

(4) A person shall not be convicted of an offence for contravening subsection (1) or (2) if the person establishes that the person honestly and reasonably believed that the law of the other jurisdiction,

(a) did not prohibit the killing, capturing, taking, possessing, collecting, transporting, buying, selling, leasing or trading, as the case may be, of the thing that the person is alleged to have possessed or the animal, plant or other organism, in the case of a prosecution for contravening clause (1) (a);

(b) did not prohibit the removal from the other jurisdiction of the thing that the person is alleged to have possessed or the animal, plant or other organism, in the case of a prosecution for contravening clause (1) (b); or

(c) permitted the purchase, sale, lease or trade, as the case may be, of the thing that the person is alleged to have bought, sold, leased, traded or offered to buy, sell, lease or trade, in the case of a prosecution for contravening subsection (2).  2007, c. 6, s. 49 (4).

Interpretation

(5) Subsection 9 (6) applies, with necessary modifications, to the references in this section to animals, plants and other organisms.  2007, c. 6, s. 49 (5).

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 40 - 05/06/2025

Fees

50 (1) The Minister may establish and charge,

(a) fees related to entering into agreements or issuing permits under this Act; and

(b) fees for the use of facilities, equipment, services or other things provided by the Ministry relating to species listed on the Species at Risk in Ontario List.  2007, c. 6, s. 50 (1).

Refund

(2) The Minister may direct the refund of all or part of a fee if, in the Minister’s opinion, it is equitable to do so.  2007, c. 6, s. 50 (2).

Payment required

(3) A person shall pay any fees charged by the Minister under this Act.  2007, c. 6, s. 50 (3).

Information for public

51 (1) The Minister shall ensure that the following information is made available to the public:

1. General information about this Act and the regulations.

2. The most recent information that the Minister has received from COSSARO under subsection 4 (3).

3. All reports submitted to the Minister by COSSARO under section 6.

4.-7. Repealed: 2025, c. 4, Sched. 2, s. 39.

2007, c. 6, s. 51; 2019, c. 9, Sched. 5, s. 28 (1, 2); 2025, c. 4, Sched. 2, s. 39.

Publication of COSSARO reports

(2) COSSARO reports that are required to be made available to the public under paragraph 3 of subsection (1) shall be made available no later than three months following receipt of the report by the Minister. 2019, c. 9, Sched. 5, s. 28 (3).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 28 (1-3) - 01/07/2019

2025, c. 4, Sched. 2, s. 39 - 05/06/2025

Information that could lead to contravention

52 Nothing in this Act requires the Minister to make information available to the public or otherwise disclose information if doing so could reasonably be expected to lead to a contravention of section 9 or 10.  2007, c. 6, s. 52.

Personal information

53 The Ministry may, for the purposes of this Act, collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.  2007, c. 6, s. 53.

Act of officer, etc.

53.1 For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, official, employee or agent of a corporation in the course of their employment or in the exercise of their powers or the performance of their duties is deemed to be also an act or thing done or omitted to be done by the corporation. 2025, c. 4, Sched. 2, s. 41.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 41 - 05/06/2025

Application to Crown

54 (1) This Act is binding on the Crown.  2007, c. 6, s. 54 (1).

Protection and recovery activities

(2) Nothing in this Act prohibits any activity engaged in by the Ministry or any other ministry of the government of Ontario to assist in protection or conservation of species listed on the Species at Risk in Ontario List.  2007, c. 6, s. 54 (2); 2019, c. 9, Sched. 5, s. 29; 2025, c. 4, Sched. 2, s. 42.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 29 - 01/07/2019

2025, c. 4, Sched. 2, s. 42 - 05/06/2025

Regulations by the Lieutenant Governor in Council

55 (1) The Lieutenant Governor in Council may make regulations.

(a) defining “adverse effect”, “alternative habitat”, “in the wild” and “significant adverse effect” for the purposes of this Act and the regulations;

(b) limiting the application of “habitat” as defined in subsection 2 (1) in respect of one or more specified species;

(c) exempting any person from one or more of the prohibitions listed in subsection 9 (1) or 10 (1), and making such exemptions subject to conditions or restrictions;

(d), (e): Repealed: 2025, c. 4, Sched. 2, s. 43 (2).

(f) governing the Agency including,

(i) providing for the governance and management of the Agency, including providing for a chief executive officer,

(ii) respecting the composition of the board of directors,

(iii) respecting the Agency’s role as agent of the Crown, providing for circumstances in which the Agency may act outside of its role as Crown agent and limiting its powers as Crown agent,

(iv) respecting the Agency’s ability to hire or employ persons or providing that employees may be appointed under Part III of the Public Service of Ontario Act, 2006,

(v) respecting the capacity, rights, powers and privileges of the Agency and any restrictions on them,

(vi) prescribing additional duties and powers of the Agency for the purposes of clause 20.6 (1) (f),

(vii) respecting the Agency’s authority to establish, acquire, wind up, dispose of or otherwise deal with, in whole or in part, a subsidiary and any restrictions on that authority,

(viii) respecting the Agency’s authority to engage in commercial activities, including activities with persons or entities that are related to the Agency, a member of its board of directors or to any of its officers,

(ix) respecting applications for funding made to the Agency, the eligibility of activities for funding from the Agency, the funding agreements entered into between the Agency and funding recipients and the terms and conditions thereof,

(x) prescribing activities for the purposes of subsection 20.7 (4),

(xi) respecting the Agency’s auditors, their appointment and their duties;

(g) requiring persons who have been issued a permit under this Act or who have entered into an agreement with the Minister under this Act or any other specified person to prepare, store and submit prescribed documents, data or reports and respecting the methods of creating, storing and submitting them;

(h) providing for the preparation and signing of documents and reports by electronic means, the filing of documents and reports by direct electronic transmission and the printing of documents and reports filed by direct electronic transmission;

(h.1) providing for the method of service of any document given or served under this Act;

(i) respecting anything that may or must be prescribed, done or provided for by the regulations and for which a specific power is not otherwise provided in this Act;

(j) respecting any matter that the Lieutenant Governor in Council considers advisable to effectively carry out the purpose of this Act. 2019, c. 9, Sched. 5, s. 30; 2025, c. 4, Sched. 2, s. 43 (1-3).

Exemption by regulation

(2) Without limiting the generality of clause (1) (c), a regulation under that clause may,

(a) limit the geographic areas to which the exemption applies;

(b) limit the times at which the exemption applies;

(c) require a person to meet any prescribed qualifications or prerequisites for the exemption;

(c.1) establish a Registry and require persons to register in respect of exemptions;

(d) require a person to pay a species conservation charge with respect to a conservation fund species;

(e) prescribing circumstances in which a species conservation charge may be required of a person under clause (d) and the circumstances in which a species conservation charge may not be required;

(f) with respect to an exempted activity,

(i) require that the activity be carried out in a prescribed manner or subject to prescribed conditions and restrictions,

(ii) require a person to enter into an agreement with the Minister with respect to the activity or to give the Minister notice of the activity,

(iii) provide for the terms and conditions of an agreement referred to in subclause (ii) or the content of a notice referred to in that subclause,

(iv) require a person to monitor the effects of the activity on a specified species and take steps to minimize the effects of the activity on the species and take action to benefit the species, or

(v) require a person to provide the Minister with prescribed reports or information at such times and in such manner as may be prescribed. 2019, c. 9, Sched. 5, s. 30; 2025, c. 4, Sched. 2, s. 43 (4, 5).

Transition

(3) The Lieutenant Governor in Council may make regulations with respect to any transitional matters resulting from,

(a) the enactment of Schedule 5 to the More Homes, More Choice Act, 2019; or

(b) the enactment of Schedule 2 to the Protect Ontario by Unleashing our Economy Act, 2025. 2025, c. 4, Sched. 2, s. 43 (6).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 30 - 01/07/2019

2025, c. 4, Sched. 2, s. 43 (1-6) - 05/06/2025

Regulations by Minister

56 (1) The Minister may make regulations,

(a) prescribing species for the purpose of clause 10 (1) (b);

(b) prescribing requirements for the purposes of subsection 17 (3);

(c) Repealed: 2025, c. 4, Sched. 2, s. 44 (2).

(d) designating species as conservation fund species;

(e) governing species conservation charges including,

(i) prescribing the amount of the charges or the manner of determining the amount of the charges,

(ii) respecting the time and manner of the payment of the charges,

(iii) respecting refunds of charges and authorizing the Agency to pay such refunds out of the Fund;

(f) respecting the contents of a report required under subsection 20.16 (4);

(g) respecting the manner in which reports may be made available to the public for the purposes of section 20.17. 2019, c. 9, Sched. 5, s. 30; 2025, c. 4, Sched. 2, s. 44 (1, 2).

(2), (3): Repealed: 2025, c. 4, Sched. 2, s. 44 (3).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 30 - 01/07/2019

2025, c. 4, Sched. 2, s. 44 (1-3) - 05/06/2025

57 Repealed: 2025, c. 4, Sched. 2, s. 45.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 30 - 01/07/2019

2025, c. 4, Sched. 2, s. 45 - 05/06/2025

Incorporation by reference

58 (1) A regulation may incorporate, in whole or in part and with such changes as the Minister or the Lieutenant Governor in Council considers necessary, a document, including a code, formula, standard, protocol, procedure or guideline, as the document may be amended or remade from time to time. 2019, c. 9, Sched. 5, s. 30.

Same

(2) An amendment to a document referred to in subsection (1), or a remade version of such a document, has no effect until the Ministry publishes notice of the amendment or remade document in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993. 2019, c. 9, Sched. 5, s. 30.

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 30 - 01/07/2019

Transition

59 (1) The following instruments are continued:

1. An authorization granted under subsection 9 (5) before the transition date.

2. An agreement entered into under section 16 or 16.1 or subsection 19 (1) before the transition date.

3. A permit issued under subsection 19 (3) before the transition date.

4. An order issued under section 27, 27.1 or 28 before the transition date. 2025, c. 4, Sched. 2, s. 46.

(2) The following provisions, as they read immediately before the transition date, continue in respect of an instrument described in subsection (1).

1. Subsections 9 (5) and (5.1).

2. Sections 16, 16.1 and 19.

3. Sections 27, 27.1 and 28. 2025, c. 4, Sched. 2, s. 46.

Section Amendments with date in force (d/m/y)

2025, c. 4, Sched. 2, s. 46 - 05/06/2025

60-62 Omitted (amends or repeals other Acts).  2007, c. 6, ss. 59-62.

63 Omitted (provides for coming into force of provisions of this Act).  2007, c. 6, s. 63.

64 Omitted (enacts short title of this Act).  2007, c. 6, s. 64.

ScheduleS 1-5 Repealed: 2025, c. 4, Sched. 2, s. 47.