Pits or quarries and endangered or threatened species
The rules for operating a pit or quarry that may affect a species or habitat protected by law.
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 operate a pit or quarry that could impact a protected species or habitat.
The rules cover activities such as:
- stripping vegetation
- blasting
- extracting and hauling materials
These rules apply to pits or quarries that operated before:
- a species was listed as endangered or threatened
- a species first appeared on the site
Special rules apply if a species or habitat became protected on or after January 24, 2013.
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)
- monitor and report on species and activities each year
Report a species
If you see or encounter a species, you must inform the Natural Heritage Information Centre — within 3 months of a sighting.
Contact the Natural Heritage Information Centre
How to register
Minimize effects on a species
By law, you must immediately:
- avoid operations during reproduction and rearing seasons
- prevent a species from entering the operating area (e.g. 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 (e.g. nests)
- take steps to protect or relocate plants
- educate people who work on the site
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 (e.g. 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 (and include a map)
- describe the habitat in that area
- say how you will minimize effects on species
- detail how you will restore or improve habitat
- outline how you plan to monitor
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 2 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 while you are operating and for 5 years after you stop operating. You need to give a copy to the Ministry of the Environment, Conservation and Parks, if asked.
Reporting process
You must prepare an annual report that includes:
- how you minimized effects on a species
- the results of monitoring
- 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:
- the pit or quarry is new (new operators)
- operations will affect these species:
- Blue racer
- Butler’s gartersnake
- Common five-lined skink (Carolinian population)
- Henslow’s sparrow
- Small-mouthed salamander
- Virginia mallow
- Yellow-breasted chat
- 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.
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.