Amendments to the General Regulation (Ontario Regulation 242/08) under the Endangered Species Act, 2007 to prescribe the habitat for five species at risk
Ontario Regulation 242/08
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
The proposal was implemented by an amendment to O. Reg. 242/08 (General) by O. Reg. 232/14. This regulation amendment was filed by the Registrar of Regulations on November 27, 2014 and was published in the Ontario Gazette on December 13, 2014.
May 1, 2014
Summary of Proposal:
Section 10 of the Endangered Species Act, 2007 (ESA) prohibits the damage or destruction of the habitat of species classified as endangered or threatened on the Species at Risk in Ontario (SARO) List in Ontario Regulation 230/08.
Under the ESA, "habitat" is defined as either an area on which a species depends directly or indirectly to carry on its life processes based on the general definition in clause 2(1)(b) of the ESA or the area prescribed for the species in a habitat regulation (clause 2(1)(a)). A habitat regulation can prescribe an area as the habitat of the species through the description of boundaries, features of an area, or by describing the area in any other manner.
Under the ESA, the Ministry of Natural Resources (MNR) is required to give notice to the public under of the Environmental Bill of Rights, 1993 of a proposal to make a regulation (amending Ontario Regulation 242/08) that would prescribe an area as the habitat of a species which is newly listed on the SARO List as endangered or threatened.
This proposal is related to the proposed regulation to prescribe the habitat for the following five species at risk:
- Eastern Sand Darter
- Hine's Emerald
- Hungerford's Crawling Water Beetle
- Pitcher's Thistle
- Wavy-rayed Lampmussel
Details on these species' habitat and the draft content of the proposed regulations for these species at risk were developed based on the best available scientific information. To provide a level of certainty to areas that are protected, in some cases the proposed regulation has been defined on specific features, geography, and known and historic occurrences.
November 27, 2014