Regulation - LGIC

Amendments of Ontario Regulation 242/08 (General Regulation - Endangered Species Act, 2007) relating to forest operations in managed Crown forests, incorporating species recently listed to the Species at Risk in Ontario List, and clarifying safe harbour requirements

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
A decision was made to proceed with the proposal as described in Environmental Registry posting #013-1669, which will provide an extension to the current regulation for forestry operations on managed crown forest, include those species listed in 2017 in the regulation exemptions, and implement changes relating to safe harbour authorizations.
Analysis of Regulatory Impact:
The proposed amendments to s. 22.1 of O. Reg. 242/08 will provide a more predictable regulatory environment for forest industry for the next two years provided that specific conditions are met. During this time, Ontario is proposing to will establish an independent panel that will be tasked with providing advice to Ontario outlining how to consider species at risk in Crown forest management. The proposed amendments with conditions will continue to provide protections for species at risk through requirements that scope the application of the regulation and provide mitigations to ensure ongoing species conservation.

The amendments will also allow O. Reg. 242/08 to apply generally to those species that were listed on the SARO List in 2017 as extirpated, endangered or threatened except as specified.

Some of the provisions of the regulation would not be permitted to apply to several of the species newly listed as endangered or threatened. To the extent activities described by those provisions would impact these species, a permit or authorization under the ESA would be necessary, and the ministry would retain the opportunity through the authorization process to provide site-specific input into whether or how activities would proceed with respect to these species.

The proposed changes enable existing provisions of O. Reg. 242/08 to apply to those species added to the SARO List in 2017. These provisions include conditions which are required to be met when undertaking activities where the species and their habitats occur. The anticipated social risks and consequences associated with this proposal are likely positive.

The proposed changes will increase the predictability of regulatory requirements, enabling cost savings to individuals, businesses and government.

No new administrative costs are anticipated as a result of this proposal.

Further Information:
Proposal Number:
Posting Date:
January 19, 2018
Summary of Proposal:
The purpose of this notice is to invite the public to review the proposed amendments to O.Reg. 242/08 and to solicit comments that may be relevant to the decision making process.
Contact Address:
Ministry of Natural Resources
Policy Division
Species Conservation Policy Branch
300 Water Street
Peterborough, ON
K9J 8M5
Effective Date:
April 6, 2018