The law

Ontario’s Endangered Species Act protects endangered or threatened species — animals and plants that are in decline and disappearing from the province.

A chimney swift is a bird that is a threatened species.

You need to follow certain rules if you want to repair, maintain, modify, replace or demolish a chimney that is the habitat for chimney swift. This only applies to the actual chimney, not other areas of habitat.

Source law

This is a summary of the provincial laws. You can find a complete set of provincial rules related to this activity in:

  • Endangered Species Act, 2007
  • Ontario Regulation 242/08 (general)

The rules

You must:

  • register the work and the affected species with the Ministry of Natural Resources (before work begins)
  • minimize the effects of your activity on chimney swift
  • in most cases, create and maintain new habitat for chimney swift
  • report sightings of rare species (and update registration documents, if needed)
  • monitor the new habitat you create and report on certain observations
  • prepare and maintain records that relate to the activity and the habitat

How to register

Step 1: Download the Natural Resources Registration Guide

  • print a copy or
  • open the guide in a new window or tab

Natural Resources Registration Guide

Step 2: Create a ONe-key ID and Natural Resources client profile

You need a ONe-key ID and a Natural Resources client profile to register online. ONe-key is a secure account that gives you online access to Ontario government programs and services.

Once you have a ONe-key ID, you will be asked to create either an individual or business profile for Natural Resources registrations. Create:

  • business profile to register business activities if you are a(n):
    • business
    • non-profit organization
    • municipality
    • government agency
    • ministry
    • authorized representative registering activities on behalf of any of the above.
  • an individual profile to register non-business activities

Open a new window or tab to:

Create a business profile
Create an individual profile

If you already have a ONe-key ID:

  • sign in to ONe-key
  • confirm your Natural Resources profile

Open a new window or tab to:

Sign in as a returning business
Sign in as a returning individual

Step 3: Register an activity

  • select My Services from the main menu
    • if you are an authorized representative, identify the business you are representing
  • click on Create New Registration
  • select Notice of Activity and Other Notices under the Endangered Species Act (ESA) from the registry options
  • select Barn Swallow and Chimney Swift – Activities in built structures that are habitat
  • register the activity
  • submit the registration

Step 4: Receive confirmation

  • receive an official Confirmation of Registration by email
    • By law, the regulation requires you to keep contact information up-to-date should the Ministry need to contact you
    • By law, the regulation requires you to submit requested documents within 14 days of a request from the Ministry using the contact information you provide
  • keep a copy as proof of registration
  • registration is free

If you need assistance to register your activity, please call 1-800-387-7011.

If you can't apply online:

  • download the registration form and user guide
  • print, complete and mail the form
  • wait for confirmation

Notice of Activity Form Chimney Swift - Activities in chimneys that are habitat

Minimize effects on chimney swift

You must:

  • avoid anything that could harm the bird(s) if they are using the chimney
  • take steps to prevent the bird(s) from building nests or entering the chimney during their active season, generally between April – October (e.g. cap the chimney)

Create new habitat

You must take certain steps to create habitat, if you:

  • destroy a chimney that is habitat for chimney swift
  • alter a chimney so that it’s no longer suitable for nesting, resting or roosting or shrinks the area for these activities
  • make a chimney unavailable for nesting, resting or roosting for more than 1 active season

You must:

  • create new habitat by building at least 1 new structure or modifying an existing chimney to suit the bird(s)
  • build or modify the structure within 2 km of the affected chimney
  • provide more habitat than the affected chimney
  • build using specific dimensions (e.g. single structures must be at least the same size and no larger than 1.5 times the size of the affected chimney)
  • include features to attract chimney swift (e.g. install a sun collar or plant native shrubs to attract insects)
  • provide suitable conditions for chimney swift, including:
    • temperatures that accommodate nesting, resting and roosting during the active season
    • accessible entry and exit points
    • an interior surface made of unpainted, rough textured material that is appropriate for clinging and nest attachment (e.g. brick or cinder block)
    • appropriate interior dimensions and height

You must also maintain this habitat for 3 years after it is created.

Timelines

You must complete the work on habitat either:

  • before the next active season begins (if work started outside the active season) or
  • before the active season begins, if work will be done during that active season

Activities impacting a single active season

You do not need to create new habitat, if:

  • activities will make a chimney unavailable for only a single active season
  • the amount of habitat will be the same or greater

Instead, you must improve the chimney to make it better for chimney swift:

  • increasing the height of the chimney
  • installing a sun collar
  • cutting back vegetation near the opening of the chimney

Monitoring

You must:

  • monitor habitat you create during the active season to see if it’s being used
  • record the information you collect during monitoring, including:
    • an estimate of the number of chimney swift entering or exiting the structure and
    • evidence of chimney swift nesting in the structure.

Monitoring timeframes

You must monitor habitat for at least 3 years after it is created.

During this time, if you don’t see the birds entering/exiting the structure, you need to keep monitoring the structure for another 2 years. If the birds enter and exit the structure, you do not need to monitor further.

Report a sighting

If you see or encounter a chimney swift while you are monitoring, you must inform the Natural Heritage Information Centre — within 3 months after monitoring is complete for that year.

Find our how to report a rare species

Contact the Natural Heritage Information Centre

Reporting process

You must prepare and keep a record of your work — called a Chimney Swift Mitigation and Restoration Record.

This record must:

  • describe the chimney and your activity (before you begin)
  • estimate the number of chimney swift using the chimney (before you begin)
  • list the steps you took to minimize effects on chimney swift
  • describe what you did to create habitat
  • include information collected during monitoring

You must prepare the record before work begins (with information on the existing chimney and habitat). You must regularly update the record.

You must keep the record for 5 years after you have completed your activity — and give a copy within 14 days to the Ministry of Natural Resources and Forestry, if asked.

When you need a permit

You could still need a permit if activities will impact:

  • areas surrounding the chimney
  • natural nesting or roosting sites (e.g. trees)

To apply for a permit, contact a local Ministry of Natural Resources office.

Find an MNRF district office

Identify a species at risk

If you are unsure about a certain species — and would like help identifying or confirming what it is — you can see photos and get more information on the Endangered Species website.

Get more details about a species