Regulation - LGIC

To establish new regulatory provisions under the Endangered Species Act, 2007 to allow certain activities to continue

Regulation Number(s):
Ontario Regulation 242/08
Instrument Type:
Regulation - LGIC
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
The proposal was implemented as O. Reg. 242/08 (General) filed by the Registrar of Regulations on June 27, 2008 and was published in the Ontario Gazette on July 12, 2008. O.Reg 242/08 came into effect on June 30, 2008.

Further Information:
Proposal Number:
Posting Date:
May 16, 2008
Summary of Proposal:
The proposed draft regulatory provisions fall into three categories:

1. Exemptions for authorized emergency response, law enforcement and protection of property

This would permit a species at risk or its habitat to be injured, if necessary, during authorized emergency response and law enforcement activities, and enable emergency responders to carry out their duties to protect human health, safety and property, or to enforce the law. There is also an exemption permitting protection of property under strictly limited circumstances.

2. Exemptions, with appropriate conditions, to allow the continuation of activities permitted under current legislation, that do not have a harmful effect on species at risk.

This includes commercial cultivation of American ginseng and vascular plants, catching Atlantic salmon and aurora trout where permitted in Ontario, and the culturing of Atlantic salmon. It is also proposed that butternut may be harvested in certain circumstances, that currently permitted activities related to northern bobwhite in captivity may continue and that people may continue to pick up or possess naturally cast antlers of Woodland caribou (forest-dwelling population). Similar exemptions would apply to people keeping species at risk under a zoo or falconry licence, and would extend to related activities. Similarly, licensed tanning and taxidermy would be allowed to continue. There are sections that would permit the care and euthanization of species at risk and the possession necessary for those activities. There is also an exemption subject to conditions for people who incidentally catch or trap a species at risk. Lawful possession of a species prior to its listing would be also be permitted.

3. Limited exemptions for several major industrial or development sectors that may violate the act if species at risk are affected by their activities

Limited exemptions, subject to conditions and time limits spelled out in the appropriate sections, would be allowed for hydro-electric generating stations, existing pits and quarries and approved infrastructure and development projects, all of which require agreements that meet specified criteria. Forest operations conducted in accordance with a forest management plan are also exempted for one year. The Ontario government is committed to working with the forestry sector to harmonize its existing processes within the new Act. After the proposed timeframe forest operations will be required to comply with the new Act.
Contact Address:
Regis Cornale
Issues Management Coordinator
Ministry of Natural Resources
Natural Resource Management Division
Fish and Wildlife Branch
Species at Risk
300 Water Street
Peterborough Ontario
K9J 8M5
Phone: (705) 755-5245
Fax: (705) 755-1788
Effective Date:
June 30, 2008