Species Conservation Act, 2025

S.o. 2025, chapter 4
Schedule 10

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

Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by order of the Lieutenant Governor in Council.

No amendments.

CONTENTS

 

PART I
INTERPRETATION, APPLICATION AND ADMINISTRATION

Purposes

1 The purposes of this Act are,

(a) to identify species at risk based on the best available scientific information, including information obtained from community knowledge and Indigenous traditional knowledge; and

(b) to provide for the protection and conservation of species while taking into account social and economic considerations, including the need for sustainable economic growth in Ontario.

Definitions

2 (1) In this Act,

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

“habitat” means, subject to subsection (2),

(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 the 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”)

“permit” means a permit issued under section 22; (“permis”)

“permit activity” means a section 16 activity that is prescribed for the purposes of subsection 16 (2); (“activité exigeant un permis”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“Protected Species in Ontario List” means the regulation made under subsection 14 (1); (“Liste des espèces protégées en Ontario”)

“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”)

“registerable activity” means a section 16 activity that is not prescribed for the purposes of subsection 16 (2); (“activité exigeant un enregistrement”)

“registration” means a registration in the Registry; (“enregistrement”)

“Registry” means the registry established under section 17; (“Registre”)

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

“section 16 activity” means,

(a) any activity that results or is likely to result in,

(i) the killing, harming, capturing or taking of a member of a species that is listed on the Protected Species in Ontario List, or

(ii) damage to or destruction of the habitat of a species that is listed on the Protected Species in Ontario List,

(b) possessing, transporting, collecting, buying, selling, leasing, trading or offering to buy, sell, lease or trade,

(i) a living or dead member of a species that is listed on the Protected Species in Ontario List, or

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

(c) selling, leasing, trading or offering to sell, lease or trade anything that a person represents to be a thing described in subclause (b) (i) or (ii); (“activité visée par l’article 16”)

“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”)

“Tribunal” means the Ontario Land Tribunal. (“Tribunal”)

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.

Member of a species

(3) A reference in this Act 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.

Existing Aboriginal or treaty rights

3 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.

General non-application, aquatic species and migratory birds

4 Unless otherwise provided in this Act or the regulations, this Act and the regulations do not apply with respect to the following species, if the species is listed as extirpated, endangered or threatened on the List of Wildlife Species at Risk under the Species at Risk Act (Canada):

1. Species of birds protected by the Migratory Birds Convention Act, 1994 (Canada).

2. Aquatic species as defined in subsection 2 (1) of the Species at Risk Act (Canada).

Designation of provincial officers

5 (1) The Minister may designate persons or classes of persons as provincial officers in respect of any provision of this Act or the regulations that is set out in the designation.

Limitations

(2) The Minister may limit a designation made under subsection (1) in such manner as the Minister considers advisable.

Delegation of powers and duties

6 (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.

Limitations

(2) The Minister may limit an authorization made under subsection (1) in such manner as the Minister considers advisable.

Crown bound

7 (1) This Act binds the Crown in right of Ontario.

Protection and conservation activities

(2) Nothing in this Act prohibits employees or agents of the Crown in right of Ontario from,

(a) possessing or transporting a member of a species listed on the Protected Species in Ontario List; or

(b) engaging in any other activity to assist in the protection and conservation of species listed on the Protected Species in Ontario List.

PART II
CLASSIFICATION OF SPECIES

Interpretation

8 Despite section 4, a reference to a “species” in this Part includes a reference to species described in that section.

Committee on the Status of Species at Risk in Ontario

9 (1) The committee known in English as the Committee on the Status of Species at Risk in Ontario (COSSARO) and in French as Comité de détermination du statut des espèces en péril en Ontario (CDSEPO) is continued.

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.

Qualifications

(3) The Minister shall not recommend a person to be a member of COSSARO unless the Minister considers the person to have 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.

Chair and vice-chair

(4) The Lieutenant Governor in Council shall designate a chair and a vice-chair from among the members of COSSARO.

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.

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 Lobbyists Registration Act, 1998; or

(b) act as an in-house lobbyist within the meaning of subsection 5 (7) or 6 (5) of the Lobbyists Registration Act, 1998.

Functions of COSSARO

10 (1) COSSARO shall perform the following functions:

1. Subject to section 11, 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 13, 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.

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.

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).

Rules for classification

11 (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.

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.

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.

Criteria for classification

(4) The criteria for assessing and classifying species as endangered, threatened or special concern species under paragraph 1 of subsection 10 (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.

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.

Annual report by COSSARO

12 (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;

(b) the classification of each species described in clause (a) and the reasons for the classification; and

(c) an indication of whether the species is a species described in section 4.

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.

Additional reports

13 (1) 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 subsection (2) or (3); or

(b) COSSARO is of the opinion that a species that is not listed on the Protected Species in Ontario List may be facing imminent extinction or extirpation.

Risk of imminent extinction or extirpation

(2) If a species is not listed on the Protected Species in Ontario List and 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, submit a report to the Minister under subsection (1).

Reconsideration

(3) If the Minister is of the opinion that credible scientific information indicates that a classification reported to the Minister by COSSARO may not be appropriate, the Minister may require COSSARO to reconsider the classification and, not later than the date specified by the Minister, submit a report to the Minister under subsection (1) indicating whether COSSARO confirms the classification or reclassifies the species.

Consultation with chair of COSSARO

(4) The Minister shall not require COSSARO to do anything under this section without first consulting with the chair of COSSARO.

PART III
PROTECTION AND CONSERVATION OF SPECIES

General

Protected Species in Ontario List

14 (1) The Lieutenant Governor in Council may make a regulation listing species that are classified by COSSARO as extirpated, endangered or threatened.

Deviation from COSSARO classification

(2) 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 11 (2).

Contents of regulation

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

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

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

3. If the classification applies only to a specified geographic area, the area.

Notice of proposal, Environmental Bill of Rights, 1993

(4) 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 or removed from the regulation.

Prohibition, extirpation in Ontario

15 Despite any other provision of this Act or the regulations, no person shall engage in an activity that is likely to result in a species no longer living in the wild in Ontario.

Prohibition, s. 16 activities

Registration required

16 (1) No person shall engage in a registerable activity unless,

(a) the person has registered the activity in the Registry in accordance with the regulations;

(b) the Minister has provided the person with a confirmation of registration in respect of the activity;

(c) the person engages in the activity in accordance with the regulations; and

(d) the registration is not suspended and has not been removed from the Registry.

Permit required

(2) No person shall, except under and in accordance with a permit, engage in a permit activity.

Exceptions

(3) Subsection (1) or (2), as applicable, does not apply in respect of any of the following section 16 activities:

1. In the case of an activity described in clause (b) of the definition of “section 16 activity” in subsection 2 (1), the member of the species affected by the activity was lawfully killed, captured or taken in a jurisdiction outside of Ontario.

2. A section 16 activity for which all of the criteria set out in subsection (4) in respect of the activity, the person engaging in the activity and the species affected by the activity are met.

3. If a geographic area is specified in the Protected Species in Ontario List in respect of a species, a section 16 activity engaged in with respect to that species outside of the geographic area.

4. Any other section 16 activity prescribed by the Lieutenant Governor in Council for the purposes of this subsection, subject to any conditions or restrictions prescribed by the Lieutenant Governor in Council.

First listing criteria, one-year exception

(4) The following are the criteria mentioned in paragraph 2 of subsection (3):

1. The activity is,

i. described in clause (a) of the definition of “section 16 activity” in subsection 2 (1), or

ii. described in clause (b) of that definition but only as the definition relates to possessing or transporting a member of a species.

2. The person is engaging in the activity in relation to another species in accordance with subsection (1) or (2), as applicable.

3. The species is listed on the Protected Species in Ontario List as an endangered species or a threatened species and has been so listed for less than one year.

4. Before being listed as described in paragraph 3, the species was not previously listed, under its current name or any other common or scientific name, on the Species at Risk in Ontario List under the Endangered Species Act, 2007 or the Protected Species in Ontario List.

Transition

(5) If a person’s registration, in respect of an activity, is in effect when the activity becomes a permit activity, subsection (1) continues to apply to the person engaging in the activity and subsection (2) does not apply until the Minister removes the person’s registration from the Registry in accordance with subsection 19 (1).

Same

(6) If a permit activity ceases to be a permit activity, subsection (2) continues to apply to a person who holds a permit in respect of the activity and subsection (1) does not apply until the Minister revokes the permit in accordance with subsection 22 (7).

Changes to the Protected Species in Ontario List

(7) For greater certainty, if an amendment to the Protected Species in Ontario List results in a species no longer being listed, a requirement under this Act in respect of that species ceases to apply to a person on the day the amendment comes into force in respect of any activities engaged in after that day.

Registrations

Registry

17 (1) The Minister shall, by regulation, establish, maintain and operate a registry known in English as the Species Conservation Registry and in French as Registre pour la conservation des espèces.

Purposes

(2) The purposes of the Registry are to allow persons to register registerable activities and any other purposes as may be prescribed.

Registrations

18 (1) When registering an activity in the Registry, a person shall include the prescribed information in the registration.

Minister to provide confirmation

(2) If a person registers an activity in the Registry and pays any required fee, the Minister shall provide the person with a confirmation of registration.

Retention of confirmation and maintenance of registration

(3) A person who engages in a registerable activity shall ensure that the confirmation of registration is retained and that,

(a) the registration is maintained and updated in accordance with the regulations, if any;

(b) the registration includes any data, reports, documents or other information as may be required by the Minister or as may be prescribed; and

(c) the registration includes the results of any tests or experiments relating to the registered activity as may be required by the Minister or as may be prescribed.

Complete and accurate information, etc.

(4) If the Minister is of the opinion that any information included with a registration is incomplete, misleading or otherwise inaccurate, the Minister may require the person engaging in the registerable activity to file additional information that is complete and accurate, including additional data, reports or documents.

Suspension or removal of registration

19 (1) The Minister may suspend a registration in respect of an activity or remove the registration from the Registry if,

(a) the person who is engaging in the activity is in contravention of this Act or the regulations;

(b) the past conduct of the person who is engaging in the activity, or, if the person is a corporation, the past conduct of its officers and directors, affords reasonable grounds to believe that the person will not engage in the activity in accordance with this Act or the regulations;

(c) the confirmation of registration was provided on the basis of misleading, mistaken, false or inaccurate information;

(d) the person who was engaging in the activity is no longer doing so;

(e) a registerable activity becomes a permit activity and,

(i) if an application for a permit in respect of the activity has been made, a decision under subsection 22 (1) in respect of the application has been made and all rights of appeal have been exhausted, or

(ii) an application for a permit in respect of the activity has not been made on or before the date, if any, prescribed in respect of the activity;

(f) the person who is engaging in the activity requests that their registration be removed;

(g) the registration is obsolete; or

(h) any other circumstance as may be prescribed by the Lieutenant Governor in Council exists.

Order

(2) If the Minister relies on clause (a), (b), (c), (d), (e) or (h) to suspend or remove a registration, the Minister shall do so by order and shall serve the order together with written reasons on the person who is or was engaging in the activity.

Notice

(3) If the Minister relies on clause (f) or (g) to suspend or remove a registration, the Minister shall do so by giving written notice to the person who is or was engaging in the activity.

End of suspension

(4) The Minister may, by giving written notice to a person mentioned in subsection (2) or (3), end a suspension of a registration if the Minister is satisfied that the reasons for the suspension no longer exist.

Filing of order or notice in Registry

20 The Minister shall file in the Registry a copy of any order issued or notice given under section 19.

Permits

Application for permit

21 (1) A person may apply to the Minister for a permit to engage in one or more permit activities.

Form

(2) An application under this section shall be prepared and submitted to the Minister in accordance with any prescribed requirements.

Multiple sites

(3) If a person applies for a permit to engage in a permit activity that is to be engaged in at more than one site, the application may be in respect of the activity at more than one site unless the Minister requires otherwise.

Powers of Minister

22 (1) After considering an application for a permit in respect of one or more permit activities at one or more sites, the Minister may,

(a) issue or refuse to issue a permit in respect of one or more of the activities at one or more of the sites;

(b) if the Minister issues a permit, impose conditions in the permit;

(c) amend an existing permit that is in effect and impose, amend or revoke the conditions or expand the scope of the permit to other activities or sites;

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

(e) suspend a permit in whole or in part.

Conditions

(2) In addition to any conditions imposed under clause (1) (b) or (c), a permit issued under this section is subject to any conditions prescribed by the Lieutenant Governor in Council.

Same

(3) Without limiting the generality of subsection (2), 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 and require that the steps be taken before engaging in the activity authorized by the permit;

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

(e) require the holder of the permit 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 reports to the Minister.

Past conduct

(4) The Minister may suspend, revoke or refuse to issue a permit if the past conduct of the holder of the permit or the applicant, or, if the holder or applicant is a corporation, the past conduct of its officers and directors, affords reasonable grounds to believe that the person will not engage in the activity in accordance with this Act or the regulations.

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.

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.

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.

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 section 21 or any prescribed requirements.

Compliance with a permit

(9) A person to whom a permit is issued shall comply with the permit.

Laws of Other Jurisdictions

Activities contrary to laws of other jurisdictions

Possession of species killed, captured etc. contrary to law in other jurisdiction

23 (1) No person shall possess a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism or any thing 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).

Purchase, sale etc, contrary to law in other jurisdiction

(2) No person shall 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 any thing derived from a living or dead animal, plant or other organism, that has been transported into Ontario if, in the jurisdiction from which the animal, plant or other organism was originally exported, the purchase, sale, lease or trade would be contrary to a law of that jurisdiction that is described in subsection (3).

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 as extirpated, endangered or threatened in that jurisdiction, or animals, plants or other organisms, however described, that are similarly at risk in that jurisdiction.

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) did not prohibit 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).

Interpretation

(5) Subsection 2 (3) applies, with necessary modifications, to the references in this section to animals, plants and other organisms.

Codes of Practice and the Species Conservation Program

Codes of practice, etc.

24 The Minister may establish codes of practice, standards or guidelines with respect to the protection and conservation of species that are listed on the Protected Species in Ontario List and their habitat.

Species Conservation Program

25 (1) The program known in English as the Species Conservation Program and in French as Programme de conservation des espèces is continued.

Purpose

(2) The purpose of the program is to promote protection and conservation activities that relate to species classified by COSSARO in a report submitted under section 12 or 13, including,

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

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

(c) other activities to assist in the protection and conservation of species.

Grants

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

PART IV
ENFORCEMENT

Provincial Officers

Production of identification

26 A provincial officer who is acting under this Act shall, on request, produce identification.

Power to require response to inquiries

27 (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.

Same

(2) For the purposes of subsection (1), a provincial officer may make inquiries by any means of communication.

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 any other document or data, in any form, related to the purpose of the inquiry.

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 either on paper or electronically, or both.

Necessary force

28 A provincial officer may use whatever force is reasonably necessary to exercise any of their powers under this Act.

Incidental authority to pass through

29 A 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.

Exemptions from Act, provincial officers

30 The Minister may, for the purpose of inspections and other law enforcement activities under this Act, exempt a provincial officer from the application of any provision of this Act, subject to such conditions as the Minister considers necessary and shall set out such exemptions in a designation made under subsection 5 (1).

Compliance with inspections, etc.

Obstruction

31 (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.

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.

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.

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 or the regulations.

Inspections

Inspections to determine compliance

32 (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. Section 15, subsection 16 (1) or (2) or section 23.

2. Any provision of a permit.

3. Any provision of an order issued under section 36, 37, 38, 39 or 54.

4. Any provision of the regulations.

Dwellings

(2) Subsection (1) does not authorize the provincial officer to enter a building or part of a building that is being used as a dwelling.

Warrant; compliance with permits, orders

(3) 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.

Duration

(4) A warrant issued under subsection (3) is valid for 30 days or for such shorter period as may be specified in it.

Further warrants

(5) A justice may issue further warrants under subsection (3).

Time of entry

(6) 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.

Powers during inspection

(7) 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.

Provision of information

(8) A person shall, during an inspection under this section, provide information requested by the provincial officer that is relevant to the inspection.

Copies

(9) The provincial officer may make copies of any thing inspected or produced during the inspection.

Removal

(10) 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.

Inspection of vehicles, boats, aircraft

33 (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. Section 15, subsection 16 (1) or (2) or section 23.

2. Any provision of a permit.

3. Any provision of an order issued under section 36, 37, 38, 39 or 54.

4. Any provision of the regulations.

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.

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.

Searches with respect to offences

34 (1) On application without notice, a justice may issue a warrant authorizing a 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.

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.

Warrant, authorized activities

(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.

Duration

(4) The warrant is valid for 30 days or for such shorter period as may be specified in it.

Further warrants

(5) A justice may issue further warrants under subsection (1).

Part VIII of the Provincial Offences Act

(6) Subsections (1) to (5) do not prevent a provincial officer from obtaining a search warrant under Part VIII of the Provincial Offences Act.

Searches without warrant

(7) If a 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.

Dwellings

(8) Subsection (7) does not apply to a building or part of a building that is being used as a dwelling.

Computers, etc.

(9) A 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.

Seizure and forfeiture

35 (1) A 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).

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.

Safekeeping

(3) A provincial officer shall deliver any thing that they seize to a person authorized by the Minister for safekeeping.

Leaving with occupant

(4) Despite subsection (3), a provincial officer may leave a thing that they seize in the custody of the occupant of the building or other place in which it was seized.

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) a provincial officer removes the thing;

(b) the occupant is notified by a 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.

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.

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.

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.

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.

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.

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.

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.

Application of subs. (12)

(13) Subsection (12) applies in addition to any other penalty.

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.

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.

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.

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.

Conditions

(18) An order issued under subsection (17) is subject to such conditions as may be imposed by the justice.

Exception

(19) Subsections (17) and (18) do not apply to a thing forfeited under subsection (10) or (11).

Interpretation

(20) Subsection 2 (3) 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.

Orders

Mitigation order

36 (1) The Minister may issue an order described in subsection (2) to any of the following persons engaging in a section 16 activity, if the Minister has reasonable grounds to believe that the actions are necessary or advisable to mitigate any potential adverse effect on a species or its habitat resulting from the activity:

1. A person who holds a permit in respect of the activity.

2. A person who has registered the activity in the Registry.

3. A person to whom subsection 16 (1) or (2), as applicable, does not apply in respect of the activity.

4. Any other person prescribed by the Lieutenant Governor in Council.

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:

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.

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 Part V.

Habitat protection order

37 (1) The Minister may issue an order described in subsection (2) in either of the following circumstances:

1. A regulation made under clause 65 (1) (b) limits the definition of “habitat” in respect of a species and the Minister has reasonable grounds to believe that a person is engaging in or about to engage in an activity that results in or is likely to result in damage or destruction to an area that would otherwise be habitat for the species.

2. A species not listed on the Protected Species in Ontario List is classified in a report submitted under section 12 or 13 as extirpated, endangered or threatened and the Minister has reasonable grounds to believe that a person is engaging in or about to engage in an activity that results in or is likely to result in damage to or destruction of the species’ habitat.

Contents of order

(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:

1. If the activity has not commenced, do not engage in the activity.

2. Stop engaging in the activity.

3. Engage in the activity in accordance with directions set out in the order.

4. Take steps set out in the order to rehabilitate or restore any area damaged or destroyed by the activity or to provide for alternative habitat.

Information to be included in order

(3) The order shall,

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

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

(c) state that a hearing on the order may be required in accordance with Part V.

Species Protection Order

38 (1) If the Minister receives a report from COSSARO classifying a species as extirpated, endangered or threatened and the species is not listed on the Protected Species in Ontario List, the Minister may issue an order described in subsection (2) if the Minister has reasonable grounds to believe that a person is engaging in or about to engage in an activity that results in or is likely to result in a significant adverse effect on the species.

Contents of order

(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:

1. If the activity has not commenced, do not engage in the activity.

2. Stop engaging in the activity.

3. Engage in the activity in accordance with directions set out in the order.

4. Take steps set out in the order to address the significant adverse effect of the activity on the species.

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 Part V.

Contravention order

39 (1) A provincial officer may issue 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, previously engaged in or is about to engage in an activity that results in or is likely to result in a contravention of any of the following provisions:

1. Section 15, subsection 16 (1) or (2) or section 23.

2. Subsection 22 (9) in respect of any provision of a permit.

3. Section 41 in respect of any provision of an order issued under section 36, 37 or 38.

4. Subsection 54 (2) in respect of any provision of an order issued under subsection 54 (1).

5. Any provision of the regulations.

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.

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 contravention and its location; and

(d) state that a hearing on the order may be required in accordance with Part V.

Service of orders

40 (1) An order issued under subsection 19 (2) or section 36, 37, 38 or 39 shall be served,

(a) personally;

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

(c) in the case of an order issued under subsection 19 (2), by filing a copy of the order on the Registry in accordance with section 20; or

(d) in accordance with the regulations, if any.

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.

Effective date

(3) An order mentioned in subsection (1) takes effect when it is served, or at such later time as is specified in the order.

Compliance with orders

41 (1) A person who is served with an order under section 40 shall comply with the order.

Exception

(2) Subsection (1) does not apply in respect of an order issued under subsection 19 (2).

PART V
APPEALS

Appeal of permit or order

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

(a) the Minister takes an action set out in subsection 22 (1) or (7) in respect of a permit issued to the person; or

(b) the Minister or a provincial officer issues an order under subsection 19 (2) or section 36, 37, 38 or 39 to the person or amends such an order.

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.

Failure or refusal to issue, etc.

(3) Failure or refusal to issue, amend or revoke an order is not itself an order.

Extension of time for requiring hearing

43 The Tribunal shall extend the time in which a person may give a notice under subsection 42 (2) requiring a hearing 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.

Contents of notice requiring hearing

44 (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.

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.

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.

No stay on appeal

45 (1) The commencement of a proceeding before the Tribunal does not stay the operation of the portions of a permit or order under appeal unless the Tribunal orders otherwise.

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 order described in subsection (1).

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.

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.

Parties

46 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.

Powers of Tribunal

47 A hearing by the Tribunal shall be a new hearing and the Tribunal may confirm, amend or revoke the action of the Minister or 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.

Appeals from Tribunal

48 (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.

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.

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).

PART VI
OFFENCES AND PENALTIES

Offences

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

1. Section 15, subsection 16 (1) or (2), 18 (3), 22 (9), 23 (1) or (2), section 31, subsection 33 (2), section 41 or subsection 54 (2).

2. Any provision of the regulations.

Attempts

(2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence.

Corporations

50 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.

Employers and principals

51 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.

Defence

52 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.

Penalties

53 (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.

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.

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).

Order for compliance

54 (1) The court that convicts a person of an offence under this Act may, in addition to imposing a fine or imprisonment, issue 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 adverse effect to a species that resulted or may result from the commission of the offence, including action to rehabilitate or restore 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 adverse effect to a species that resulted or may result from the commission of the offence, including action to rehabilitate or restore habitat damaged or destroyed by the offence or to provide for alternative habitat.

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.

Compliance with order

(2) A person shall comply with an order issued under this section.

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 in right of Ontario and may be recovered by the Minister in a court of competent jurisdiction in an action against the person.

Presiding judge

55 The Crown in right of Ontario 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.

Limitation period

56 A prosecution for an offence under this Act shall not be commenced more than five years after the offence was committed.

Similar species

57 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 Protected Species in Ontario List is 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 Protected Species in Ontario List is deemed, in the absence of evidence to the contrary, to be a part of a member of that species.

Proof of inspected or seized things

58 In a prosecution under this Act, a copy of a document or other thing purporting to be certified by a 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.

Evidence of documents

59 (1) In this section,

“official document” means,

(a) a permit, order, notice or confirmation of registration under this Act,

(b) a certificate as to service of a document mentioned in clause (a),

(c) a certificate as to the custody of any book, record or report or as to the custody of any other document, or

(d) a certificate as to whether or not any document or notification was received or issued by the Minister or the Ministry under this Act.

Official documents as evidence

(2) An official document that purports to be signed by the Minister or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document.

PART VII
MISCELLANEOUS

Information for public

60 (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 10 (3).

3. All reports submitted to the Minister by COSSARO under sections 12 and 13.

4. General information about the enforcement of this Act.

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 90 days after the report is submitted.

Information that could lead to contravention

61 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 15, subsection 16 (1) or (2) or 23 (1) or (2).

Personal information

62 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.

Incorporation by reference

63 (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.

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.

Regulations

64 (1) The Minister may make regulations,

(a) prescribing anything that is referred to in this Act as prescribed or as otherwise dealt with in the regulations, other than by the Lieutenant Governor in Council;

(b) prescribing section 16 activities for the purposes of subsection 16 (2);

(c) governing the establishment, operation and maintenance of the Registry, including,

(i) governing registrations, including requiring electronic registrations, and procedures for registering, which may include designating a person responsible for establishing procedures,

(ii) governing the maintenance of registrations and prescribing any information, reports, records or documents to be included in registrations,

(iii) prescribing the timing and requirements relating to periodic updating of registrations,

(iv) governing registrable activities,

(v) requiring persons with qualifications specified in the regulations to provide certifications as part of registrations,

(vi) governing certifications mentioned in subclause (v),

(vii) governing the suspension or removal of registrations,

(viii) governing requirements for financial assurance and methods of calculating financial assurance in respect of registrable activities and prescribing measures for which financial assurance may be required,

(ix) requiring persons prescribed by the regulations to carry insurance, specifying the insurance that is required to be carried and specifying limits and conditions respecting insurance coverage;

(d) requiring persons who have been issued an instrument under this Act or any other specified persons to prepare, store and submit prescribed documents, information, data or reports and respecting the methods of creating, storing and submitting them;

(e) 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.

Same, permit activities

(2) Without limiting the generality of clause (1) (b), a regulation made under that clause may describe a prescribed section 16 activity in terms of,

(a) the species affected by the activity;

(b) the geographic area of the activity;

(c) the temporal nature of the activity, for example prescribing an activity in respect of a particular time of day or year;

(d) the purpose of the activity;

(e) the stage in the development of a species affected by the activity;

(f) the persons or class of persons engaging in the activity; or

(g) the circumstances in which the activity is engaged.

Regulations, Lieutenant Governor in Council

65 (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing anything that is referred to in this Act as prescribed or as otherwise dealt with in the regulations made by the Lieutenant Governor in Council;

(b) limiting the application of “habitat” as defined in subsection 2 (1) in respect of one or more specified species that are listed on the Protected Species in Ontario List;

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

(d) governing any transitional matters that may arise in connection with the application of this Act or the regulations;

(e) respecting any matter that the Lieutenant Governor in Council considers advisable to effectively carry out the purpose of this Act other than a matter mentioned in section 64.

Same, excepted registerable activities

(2) Without limiting the generality of clause (1) (a), a regulation made under that clause for the purposes of paragraph 4 of subsection 16 (3) may,

(a) describe a prescribed section 16 activity in terms of,

(i) the species affected by the activity,

(ii) the geographic area of the activity,

(iii) the temporal nature of the activity, for example prescribing an activity in respect of a particular time of day or year,

(iv) the purpose of the activity,

(v) the stage in the development of a species affected by the activity,

(vi) the persons or class of persons engaging in the activity, or

(vii) the circumstances in which the activity is engaged; and

(b) in the case of a permit activity,

(i) prescribe conditions requiring the activity to be registered in the Registry in accordance with the regulations, and

(ii) prescribe provisions of this Act and the regulations that would not otherwise apply in respect of the permit activity to apply.

PART VIII
TRANSITION

Agency under the Endangered Species Act, 2007

Continued immunity of Crown

66 (1) For greater certainty, subsections 20.18 (1) to (3) of the Endangered Species Act, 2007 continue to apply in respect of any act or omission of the Agency or its officers, directors or employees done under the authority of that Act before its repeal.

Unpaid judgments against Agency

(2) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgement against the Agency that remains unpaid after the day the Endangered Species Act, 2007 is repealed.

Species Conservation Account

(3) Amounts not exceeding the balance in the Species Conservation Account established under the Endangered Species Act, 2007 may be charged to the account and paid out of the Consolidated Revenue Fund for the purpose of funding activities that further the purposes of this Act.

Definitions

(4) In this section,

“Agency” and “Fund” have the same meaning as in subsection 2 (1) of the Endangered Species Act, 2007, as that subsection read immediately before it was repealed.

Transitional regulations

67 (1) The Lieutenant Governor in Council may make regulations governing any transitional matters that may arise from the enactment of this Act or the repeal of any provision of the Endangered Species Act, 2007, including,

(a) governing proceedings commenced but not finally disposed of under the Endangered Species Act, 2007, including providing for their termination;

(b) providing for the continued application, on a transitional basis, of any provision of the Endangered Species Act, 2007 or any provision of a regulation that is revoked by this Act, as the provision read immediately before its repeal or revocation, with such modifications as may be specified.

Same

(2) In the event of a conflict between a regulation made under subsection (1) and this Act, the regulation prevails to the extent of the conflict.

Part IX (OMITTED)

68, 69 Omitted (amends, repeals or revokes other legislation).

70 Omitted (provides for coming into force of provisions of this Act).

71 Omitted (enacts short title of this Act).