The law

Ontario’s Endangered Species Act, 2007 (ESA) protects species at risk — animals and plants that are at risk of disappearing from the province.

You do not need an ESA permit or agreement to carry out a stewardship activity impacting endangered or threatened species and their habitats if both of the following apply:

Source law

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

If there is a conflict between this page and the legislation and regulation, the legislation and regulation take precedence.

What work is eligible for the conditional exemption

An activity is eligible for the conditional exemption, set out in section 17.1 of Ontario Regulation 242/08, if:

  • the activity is intended to assist in the protection or recovery of one or more species listed in Ontario Regulation 230/08, known as the Species at Risk in Ontario List (the SARO List)
  • the proponent of the activity has received a notice from the ministry that the activity will be a part of the Species at Risk in Ontario Stewardship Program (SARSP) and will be funded by a grant made by the minister

If a funded activity is part of a larger project, only the component(s) of the project that is funded under SARSP is eligible for the conditional exemption.

Eligible stewardship activities must be carried out in accordance with the conditions of the funding grant (transfer payment agreement).

Read section 17.1 of Ontario Regulation 242/08 for full details.

Conditions that apply to all SARSP funded activities

Handling vertebrates

If the activity involves handling an amphibian, reptile, mammal, bird or fish, you must:

  • prepare a document that says how the animal will be properly handled and cared for
  • obtain a written opinion from an animal care committee, established under the Animals for Research Act, that confirms that the procedures provide for the proper care and handling of the species
  • follow the care and handling procedures
  • keep a copy of the care and handling procedures for five years and provide them to the ministry upon request

Reporting observations of the species

If you observe a member of the species that the stewardship activity is intended to help during the activity, you must report the observation no later than March 31 after the sighting. To report an observation, download and complete the Ontario Species at Risk Observation Reporting Form (Excel) and email it to the Natural Heritage Information Centre.

Possessing members or parts of a species

You must not possess living or dead members of a species at risk, or their parts, for longer than is necessary to carry out the activity.

Releasing living members of a species

You must not release living members of a species at risk into an area other than the area from which the member was captured or taken, unless the SARSP funding is to carry out this specific activity.

Conditions that apply to activities involving the possession or release of living species at risk

The following conditions apply to SARSP-funded activities involving the:

  • possession of living members of a species at risk, and any progeny (offspring) that resulted while the member was in your possession, for longer than seven days
  • release of living members into areas other than the area from which the member of the species was captured or taken

Who can carry out the activity

The activity must be carried out by, or under the supervision of, a person with expertise related to the species.

Handling invertebrates, plants, lichens and mosses

If the activity involves possessing an insect, mollusc, plant, lichen or moss for longer than seven days:

  • prepare a document that says how members of the species will be properly handled and cared for
  • follow the care and handling procedures
  • keep a copy of the care and handling procedures for five years and provide them to the ministry upon request

Minimizing adverse effects on the species

  • Take reasonable steps to avoid or minimize adverse effects on the member and any progeny using the best available information.
  • Keep the member and any progeny in a way that supports their health and viability.
  • Take all reasonable steps to avoid spreading diseases and pests or compromising the species’ genetic integrity.

Releasing living members of the species

  • Do not release the member and/or any progeny to an area, or in a manner that would pose a significant risk to the member or any other members of the species.
  • Take reasonable steps to manage the species’ habitat at the release site in a manner that supports the necessary life processes of the members being released.

Monitoring and reporting

Monitoring

While carrying out the activity, you must monitor and record:

  • the effects of the activity on the species
  • the effectiveness of the steps taken to minimize the adverse effects of the activity on the species
  • the name of each person with expertise who was responsible for carrying out or supervising the activity
  • information about any injuries, complications or deaths to the species that occurred
  • information about each animal that was euthanized

This record must be:

  • kept by you for at least 5 years after it is prepared
  • provided on request to the Ministry of the Environment, Conservation and Parks within 14 days after we make the request

Reporting

Before the SARSP transfer payment agreement expires, the SARSP recipient must submit a report to the ministry about the living members of the species, and any resulting progeny, that were either:

  • possessed for longer than 7 days
  • released into a new area

The report should provide:

  • details about the activity
  • impacts of the activity on the species
  • the outcome of the activity
  • copies of the records required

Read section 17.1 of Ontario Regulation 242/08 for:

  • the full list of details that must be included in the report
  • the complete list of conditions to the exemption

Animals in distress

If the species that the stewardship activity is intended to help is an amphibian, reptile, mammal, bird or fish, and a member of the species becomes ill or accidentally injured during the activity, with no possibility of survival, you may euthanize (humanely kill) it if:

  • the required care and handling document includes euthanasia procedures
  • the animal is euthanized by a species expert who has been trained in the procedures
  • the euthanasia is being performed on the advice of a veterinarian or an employee of the Ministry of the Environment, Conservation and Parks

When you need a permit or agreement

It is your responsibility to determine whether this conditional exemption applies to your activity. It is also your responsibility to determine whether you may still need a permit or agreement.

For example, you will need a permit if your specific stewardship activity:

  • will impact an extirpated species
  • is not explicitly being funded through the SARSP, even though it may be associated with a larger project which includes a SARSP-funded component

How to get an Endangered Species Act permit or authorization

If activities change mid-project

Eligible stewardship activities must be carried out in accordance with the conditions set out in both:

  • section 17.1 of Ontario Regulation 242/08
  • the SARSP grant (transfer payment agreement) associated with the activity

Requested changes such as species, locations or methods:

  • may require approval and an amendment to your grant agreement
  • may deem a particular activity ineligible for the conditional exemption