The law

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

You do not need an ESA permit or agreement to carry out certain activities that help protect or recover (improve the health of) species at risk, including the incubation of endangered or threatened turtle eggs if you:

  • register the activity
  • follow the conditions of the conditional exemption

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.

What work is eligible for the conditional exemption

The rules cover taking and possessing the eggs of endangered or threatened turtle species to:

  • incubate the eggs
  • release the resulting hatchlings back to the wild

The activity must support an Ontario government response statement for the species.

The conditions

You must:

  • register the activity with the Ministry of the Environment, Conservation and Parks before the activity begins
  • take steps to minimize the adverse effects on the species
  • create and implement a mitigation plan for each species
  • report any sightings of the species
  • monitor the activity and create and maintain a record of the:
    • effects of the activity on the species
    • effectiveness of the steps required to minimize adverse effects on the species
  • submit an annual report on your activities

Eligible egg sources

You must only take or possess endangered or threatened turtle eggs from one of the following sources:

  • a nest that is likely to be damaged or destroyed, if there are no other ways to protect the nest (for example, by installing a nest cage)
  • a nest that has been accidentally disturbed
  • a sick, injured or recently deceased turtle

Limits

  • You must not take more than 100 endangered turtle eggs or 200 threatened turtle eggs in a calendar year.
  • You must not possess more than 100 endangered turtle eggs or 200 threatened turtle eggs at any given time.

Release of hatchlings

Hatchlings must be released:

  • to a safe and suitable aquatic habitat that is as close as possible to, and no more than one kilometre from, the area where the nest or the sick, injured or deceased turtle was found
  • no later than one week after the last hatchling from the clutch (group of eggs produced at one time by a female turtle) hatched and absorbed its yolk sac, or no later than two years after the last hatchling from the clutch hatched if the hatchlings are transferred to a captive rearing program

Mitigation plans

The conditional exemption sets out several requirements for the mitigation plan. For example, the mitigation plan must:

  • be prepared by a person who has expertise related to the species
  • be updated every five years
  • describe the activity, including:
    • its nature and purpose
    • all stages of the activity
    • timelines (such as start and end dates)
  • include a description of the location of the activity
  • list each species likely to be affected by the activity
  • describe the likely adverse effects of the activity on the species
  • say how the adverse effects of the activity on the species will be minimized
  • outline how you will monitor the effects of the activity on the species, and the effectiveness of the steps taken to minimize adverse effects on the species
  • include documentation that confirms that you will appropriately handle and care for the turtles
  • be kept for at least five years after the activity is complete
  • be provided on request to the Ministry of the Environment, Conservation and Parks within 14 days of the request

Mitigation plans must include the best available information on the species. Potential sources of this information include:

  • the Ministry of the Environment, Conservation and Parks
  • Indigenous traditional knowledge
  • community knowledge (such as local nature clubs)

Minimizing adverse effects

You must take reasonable steps to minimize the adverse effects of the activity on the species.

You must make sure:

  • the activity is carried out by, or under the supervision of, a person with the expertise related to the activity
  • you use the best available information to avoid or minimize adverse effects on the turtles and their habitat when:
    • excavating nests
    • transporting and incubating eggs
    • caring for and transporting hatchlings
  • you avoid the spread of disease
  • before the activity begins, people doing the activity are properly trained to identify the species and minimize the adverse effects of the activity

Handling turtles

Before beginning the activity, you must:

  • prepare a document that says how you will handle and care for the species
  • follow the care and handling procedures in the document
  • get a written opinion from an animal care committee that confirms that the document includes proper care and handling procedures for the species

You must follow the approved care and handling procedures in the document when carrying out the activity.

Turtles in distress

If an endangered or threatened turtle becomes ill or accidentally injured during your activity, with no possibility of survival, you may euthanize (humanely kill) it if:

  • your care and handling document includes euthanasia procedures
  • the turtle is euthanized by a species expert who is trained in the procedures
  • the euthanasia is done on the advice of a veterinarian or an employee of the Ministry of the Environment, Conservation and Parks

Monitoring and recording

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

  • the effects of the activity on the species
  • the effectiveness of each step you take to minimize the adverse effects on the species
  • the name of each person who was responsible for carrying out or supervising the activity
  • information about each turtle that was euthanized

This record must be kept for at least five years and provided on request to the Ministry of the Environment, Conservation and Parks within 14 days of the request.

Reporting process

By January 31, you must submit an annual report to the Ministry that provides information about the activities you carried out during the previous calendar year, which includes:

  • a description of the activity and its purpose
  • a summary of the outcome of the activity during the year
  • a copy of any records you created
  • the number of eggs taken and the location where they were taken
  • information about the eggs that were incubated, including the source of the eggs, the number of eggs and information about the incubation facility
  • the number of hatchlings released and the date and location of the release
  • if hatchlings were transferred to a person authorized to captive rear them, details about the transfer including the authorization that applies to the captive rearing
  • a summary of any harm that occurred to the species during the activity, including any harm to eggs

Report a species sighting

If you observe a member of the species while carrying out the activity, the observation must be reported within three months.

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. 

Identifying at-risk turtles

If you are unsure about a certain turtle species and would like help identifying or confirming what it is, visit the Species at risk in Ontario page.

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 an ESA permit or agreement. For example, you will need a permit or agreement if the conditions of the exemption cannot be met or if you plan to:

  • take or possess more turtle eggs than is allowed
  • take or possess turtle eggs from an ineligible source
  • release hatchlings to a new area
  • possess hatchlings for more than seven days after the last hatchling has hatched and absorbed their yolk sac (for example, to captive rear them)

How to get an Endangered Species Act permit or authorization

How to register your activity

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