Mineral exploration and endangered or threatened species
What you need to know if you plan to carry out early exploration for minerals and these activities may affect an endangered or threatened species or habitat.
Updated September 15, 2014.
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.
If you plan to explore for minerals that will affect a newly protected species or habitat, you either need a permit or to follow certain rules.
These rules apply to early exploration activities allowed under the Mining Act:
- some forms of drilling
- removing soil and vegetation with heavy equipment
- pitting and trenching to expose mineral deposits
- line cutting (vegetation clearing on mining claim)
- surveying (geophysical methods)
Different rules apply if you are building a new mine or conducting advanced mineral exploration activities.
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 activity and the affected species with the Ministry of Natural Resources and Forestry (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)
- monitor and report on species and activities
Report a species
If you see or encounter a species, you must inform the Natural Heritage Information Centre – within 3 months of the sighting or encounter.
Contact the Natural Heritage Information Centre
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:
- a 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 Early exploration mining - Activities conducted under an exploration plan or permit
- 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
If you require an alternate format:
- download the registration form and user guide
- print, complete and mail the form
- wait for confirmation
Notice of Activity Form Early Exploration Mining
Minimize effects on a species
You must immediately:
- avoid effects to woodland caribou (during feeding, migration, reproduction, rearing)
- take reasonable steps to avoid work that could affect other species during its reproduction, rearing and hibernation seasons
- avoid work in areas that are used or have been used in the past 3 years for hibernation, reproduction and rearing
- give the species adequate time to leave the area, before starting work
- take steps to protect or relocate plants
- get advice/help before you move it
- take reasonable steps to restore habitat if feasible
- create or enhance habitat in the same area, before work finishes
Mitigation plans
Mitigation plans must include the best available information on a species.
You can get this information from:
- The Ministry of Natural Resources and Forestry
- Aboriginal traditional knowledge
- community knowledge (e.g. local nature clubs)
A plan must:
- be prepared by an expert on the species
- describe a timeline for all stages of the work (including start and end dates)
- provide a map with the location (scale no greater than 1:20 000)
- describe the effect of work on species and their habitat
- say how, when and where you will minimize effects on the species
- outline how you plan to monitor the steps you took and how effective they were
Deadlines for plans
In most cases, you must complete your plan before exploration affects a species or habitat.
You must complete the plan:
- within 3 years of the date the species first appeared on site
- within two years from the date the species was listed for those species listed on or after January 24, 2013.
Updates to mitigation plans
Before an exploration plan ends or a permit expires, you need to update your mitigation plan if work will continue.
You must keep plans for 5 years — and give a copy to the Ministry of Natural Resources and Forestry, if asked.
Reporting process
You must prepare a report that:
- details how you minimized effects on a species and how effective those steps were (with locations)
- lists any observations/sightings of a species including:
- circumstances of the sighting(s)
- location(s)
- date(s)
- time(s) of observations
You must prepare this report within 180 days of ending an activity.
You must keep plans for 5 years — and give a copy to the Ministry of Natural Resources and Forestry, within 14 days, if asked.
Woodland Caribou Habitat (forest-dwelling boreal population)
If you are working in Caribou habitat, you must describe:
- the work you were doing
- the area of habitat where the work took place (geographic location and size)
You must submit this Caribou-specific information to the Ministry of Natural Resources and Forestry within 180 days of ending an activity.
When you need a permit
You could still need a permit if:
- you’re building a new mine
- you’re conducting advanced mineral exploration activities
- operations will affect these species:
- Golden Eagle
- any species listed after the date identified in section 0.1 of O. Reg. 242/08
To apply for a permit, contact a local Ministry of Natural Resources and Forestry office.
New mines/advanced exploration
You may not need a permit for these activities:
- advanced exploration
- production
- rehabilitation
More information on other mining activities
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.