Regulation - LGIC
Amendment of Ontario Regulation 242/08 (General Regulation - Endangered Species Act, 2007) in response to impending amendments to Ontario Regulation 230/08 (Species at Risk in Ontario List).
Regulation Number(s):
Ontario Regulation 242/08
Instrument Type:
Regulation - LGIC
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
A decision was made to proceed with the proposal. The proposal was implemented by an amendment to O. Reg. 242/08 (General Regulation) by O. Reg. 179/14. This regulation was filed by the Registrar of Regulations on September 12, 2014 and published in the Ontario Gazette on September 27, 2014.
Further Information:
Link to Environmental Registry
Proposal Number:
14-MNR007
Posting Date:
April 15, 2014
Summary of Proposal:
The Endangered Species Act, 2007 (ESA) came into effect on June 30, 2008 along with two regulations that support implementation of the act: Ontario Regulation (O. Reg.) 242/08 - General Regulation, and O. Reg. 230/08 - the Species at Risk in Ontario List. The species and habitat protection provisions of the ESA (sections 9 and 10) apply to species listed as endangered, threatened or extirpated (in some cases) on the SARO List.
O. Reg. 242/08 allows certain activities to proceed that would affect threatened, endangered or extirpated species and that would otherwise not be allowed, provided specific conditions are followed to protect species and their habitat. O. Reg. 242/08 currently applies to all species listed on the Species at Risk in Ontario (SARO) List, as that list read on January 24, 2013. As additional species are listed as endangered or threatened on the SARO List, the ministry assesses whether amendments to O. Reg. 242/08 are warranted. There are some circumstances where conducting an activity may be considered to pose a higher risk to a species and its habitat and the ministry will continue to have oversight on these activities through the issuance of a permit. In these circumstances, the activity would not be able to proceed under the regulation.
The Ministry of Natural Resources(MNR) is proposing regulatory amendments to O. Reg. 242/08 to make it apply generally to the species that were recently assessed by COSSARO as endangered or threatened, and will be added to the SARO List no later than June 27, 2014. Refer to ER posting # 012-1553. Specific activities (as described below) allowed to occur according to the regulation, would not be permitted for several of the species newly-listed as endangered or threatened as described below.
Mottled Duskywing (butterfly) - Endangered: All activities specified in the regulation could occur according to the regulation rules except Section 23.18 and Section 23.13. These activities could not occur without obtaining a permit from MNR.
Riverine Clubtail (dragonfly) - Endangered: All activities specified in the regulation rules could occur according to the regulation rules except Section 23.18 and Section 23.13. These activities could not occur without obtaining a permit from MNR.
Massasauga (Carolinian population) - Endangered: All activities specified in the regulation could occur according to the regulation rules except Section 23.18 and Section 23.13. These activities would not be able to occur without obtaining a permit from MNR.
Massasauga (Great Lakes/St. Lawrence population) - Threatened: All activities?.
specified in the regulation could occur according to the regulation rules exceptn Section 23.13. Development activities affecting newly-listed species would not be able to occur without obtaining a permit from MNR.
The following additional proposed amendments to O. Reg. 242/08 would be required to reflect the date that the SARO List (O. Reg. 230/08) will be amended:
- Application Section 0.1 of the regulation sets out what species the regulation applies to; currently, the regulation applies to all species on the SARO List as the list read on January 24, 2013. The date would be amended to include the updated SARO list.
- It is proposed that various sections of the regulation that apply to newly listed species be updated to reflect the updated SARO list.
O. Reg. 242/08 allows certain activities to proceed that would affect threatened, endangered or extirpated species and that would otherwise not be allowed, provided specific conditions are followed to protect species and their habitat. O. Reg. 242/08 currently applies to all species listed on the Species at Risk in Ontario (SARO) List, as that list read on January 24, 2013. As additional species are listed as endangered or threatened on the SARO List, the ministry assesses whether amendments to O. Reg. 242/08 are warranted. There are some circumstances where conducting an activity may be considered to pose a higher risk to a species and its habitat and the ministry will continue to have oversight on these activities through the issuance of a permit. In these circumstances, the activity would not be able to proceed under the regulation.
The Ministry of Natural Resources(MNR) is proposing regulatory amendments to O. Reg. 242/08 to make it apply generally to the species that were recently assessed by COSSARO as endangered or threatened, and will be added to the SARO List no later than June 27, 2014. Refer to ER posting # 012-1553. Specific activities (as described below) allowed to occur according to the regulation, would not be permitted for several of the species newly-listed as endangered or threatened as described below.
Mottled Duskywing (butterfly) - Endangered: All activities specified in the regulation could occur according to the regulation rules except Section 23.18 and Section 23.13. These activities could not occur without obtaining a permit from MNR.
Riverine Clubtail (dragonfly) - Endangered: All activities specified in the regulation rules could occur according to the regulation rules except Section 23.18 and Section 23.13. These activities could not occur without obtaining a permit from MNR.
Massasauga (Carolinian population) - Endangered: All activities specified in the regulation could occur according to the regulation rules except Section 23.18 and Section 23.13. These activities would not be able to occur without obtaining a permit from MNR.
Massasauga (Great Lakes/St. Lawrence population) - Threatened: All activities?.
specified in the regulation could occur according to the regulation rules exceptn Section 23.13. Development activities affecting newly-listed species would not be able to occur without obtaining a permit from MNR.
The following additional proposed amendments to O. Reg. 242/08 would be required to reflect the date that the SARO List (O. Reg. 230/08) will be amended:
- Application Section 0.1 of the regulation sets out what species the regulation applies to; currently, the regulation applies to all species on the SARO List as the list read on January 24, 2013. The date would be amended to include the updated SARO list.
- It is proposed that various sections of the regulation that apply to newly listed species be updated to reflect the updated SARO list.
Contact Address:
Effective Date:
September 12, 2014
Decision:
Approved