The law

Ontario’s Endangered Species Act protects endangered and threatened species — animals and plants in decline and at risk of disappearing from the province.

You need to follow certain rules if you are improving, maintaining or repairing a drain or ditch that could affect a protected species or habitat.

Different rules apply if you are building a new drain or ditch.

Source law

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

This page is for informational purposes only. You should not rely on it to determine your legal obligations. To determine your legal obligations, consult the Endangered Species Act, 2007 and its regulations.

If you need legal advice, consult a legal professional. In the event of an error on this page or a conflict between this page and any applicable law, the law prevails.

The rules

You must:

  • register the activity and the affected species with the Ministry of the Environment, Conservation and Parks (before work begins)
  • take immediate steps to minimize the effects to the species and habitat
  • create and implement a mitigation plan for each species
  • report sightings of rare species (and update registration documents (if needed)
  • report on species and activities each year

How to register

Learn how businesses and individuals can register regulated activities online that involve species at risk.

Minimize effects on a species

By law, you must immediately:

  • avoid drainage work during reproduction and rearing seasons
  • prevent a species from entering the work area (for example, putting up a fence)
  • give the species adequate time to leave the area, before starting work
  • get advice/help before you move it
  • protect areas that are important to the species (for example, spawning areas)
  • control erosion and sediment
  • stabilize water banks in affected areas

Turtles

You cannot reduce the amount of water in a drain or ditch where a turtle is hibernating.

Mitigation plans

Mitigation plans should include the best available information on a species.

You can get this information from:

  • The Ministry of the Environment, Conservation and Parks
  • Aboriginal traditional knowledge
  • community knowledge (for example, local nature clubs)

A plan must:

  • be prepared by an expert on the species
  • be updated every 5 years
  • describe the area of the operation
  • describe the habitat in that area
  • say how you will minimize effects on species
  • detail how you will restore or improve habitat

Deadlines for plans

In most cases, you must have your plan prepared before any work you do affects a species or its habitat.

You have 3 years to complete the plan:

  • from the date the species first appeared on the site or
  • from the date the species was listed for those species listed on or after January 24, 2013.

You must keep plans for 5 years — and give a copy to the Ministry of the Environment, Conservation and Parks within 14 days, if asked.

Reporting process

You must prepare an annual report that includes:

  • how you minimized effects on a species
  • any observations/sightings of a species
  • other activities you undertook as part of the mitigation plan

You must keep plans for 5 years — and give a copy to the Ministry of the Environment, Conservation and Parks within 14 days, if asked.

When you need a permit

You could still need a permit if:

  • you're building a new ditch or drain
  • operations will affect these species:
    • Bogbean Buckmoth
    • Cherry Birch
    • False Hop Sedge
    • Eastern False Rue-anemone
    • Grey Fox
    • Heart-leaved Plantain
    • Pugnose Minnow
    • Scarlet Ammannia
    • Small-mouthed Salamander
    • Toothcup
    • any species listed after the date identified in section 0.1 of O. Reg. 242/08

To apply for a permit, contact the Ministry of the Environment, Conservation and Parks.

New drains and ditches

You could need a permit to build a new drain or ditch. If the project is in the final stages of approval, you may not need a permit.

More information on new drains and ditches

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