Regulation - LGIC
Proposed amendment to a regulation under the Endangered Species Act, 2007 relating to forest operations in Crown forests
Regulation Number(s):
O. Reg. 242/08
Instrument Type:
Regulation - LGIC
Bill or Act:
Endangered Species Act, 2007
Summary of Proposal:
Ontario is committed to providing strong protections for species at risk and improving environmental outcomes by modernizing and improving the effectiveness of the Endangered Species Act, as committed to in our Made-in-Ontario Environment Plan.
Existing temporary regulatory approach for forest operations in managed Crown forests
There has been a temporary regulatory approach for forest operations in Crown forests under the Endangered Species Act since 2013. This time-limited approach for managing species at risk under s.22.1 of O. Reg. 242/08 under the ESA ensures that forest operations meet the standards of protection they currently have under their forest management plans. O. Reg. 242/08 exempts forest operations in Crown forests from the prohibitions in s. 9(1)(a) and s.10(1) of the ESA if the following conditions (among other conditions) in the regulation are met:
• operating under an approved license under the Crown Forest Sustainability Act, 1994
• following an approved forest management plan
The current temporary approach is set to expire on June 30, 2020.
Developing a long-term approach for forest operations
On December 20, 2019, the Ministry of Natural Resources and Forestry posted a proposal on the Environmental Registry (https://ero.ontario.ca/notice/019-1020) outlining a long-term approach that would reduce duplication and create a one-window system by exempting forest operations conducted in accordance with a forest management plan approved under the Crown Forest Sustainability Act from the prohibitions under the Endangered Species Act.
Proposed extension to the current temporary approach
Due to delays as a result of the COVID-19 outbreak, Ontario is proposing to extend the temporary approach for forestry operations under the Endangered Species Act for an additional year.
This proposal will maintain the current requirements and help avoid additional regulatory burden and economic strain on the forestry sector while a long-term approach is finalized.
Forest operations on Crown forests will continue to be regulated by the Crown Forest Sustainability Act, which provides for the sustainable management of Crown forests in a manner that must have regard for plant and animal life, including species at risk, water, soil, air and social and economic values.
This approach will avoid additional regulatory burden and economic strain that the expiry of the temporary approach could create for the forestry sector.
Existing temporary regulatory approach for forest operations in managed Crown forests
There has been a temporary regulatory approach for forest operations in Crown forests under the Endangered Species Act since 2013. This time-limited approach for managing species at risk under s.22.1 of O. Reg. 242/08 under the ESA ensures that forest operations meet the standards of protection they currently have under their forest management plans. O. Reg. 242/08 exempts forest operations in Crown forests from the prohibitions in s. 9(1)(a) and s.10(1) of the ESA if the following conditions (among other conditions) in the regulation are met:
• operating under an approved license under the Crown Forest Sustainability Act, 1994
• following an approved forest management plan
The current temporary approach is set to expire on June 30, 2020.
Developing a long-term approach for forest operations
On December 20, 2019, the Ministry of Natural Resources and Forestry posted a proposal on the Environmental Registry (https://ero.ontario.ca/notice/019-1020) outlining a long-term approach that would reduce duplication and create a one-window system by exempting forest operations conducted in accordance with a forest management plan approved under the Crown Forest Sustainability Act from the prohibitions under the Endangered Species Act.
Proposed extension to the current temporary approach
Due to delays as a result of the COVID-19 outbreak, Ontario is proposing to extend the temporary approach for forestry operations under the Endangered Species Act for an additional year.
This proposal will maintain the current requirements and help avoid additional regulatory burden and economic strain on the forestry sector while a long-term approach is finalized.
Forest operations on Crown forests will continue to be regulated by the Crown Forest Sustainability Act, which provides for the sustainable management of Crown forests in a manner that must have regard for plant and animal life, including species at risk, water, soil, air and social and economic values.
This approach will avoid additional regulatory burden and economic strain that the expiry of the temporary approach could create for the forestry sector.
Analysis of Regulatory Impact:
The proposed regulatory amendments to s. 22.1 of Ontario Regulation 242/08 under the Endangered Species Act (ESA) will extend the current temporary approach for forest operations in Crown forests for an additional year, until July 1, 2021. This proposed extension would enable forest operations conducted in accordance with approved forest management plans under the Crown Forest Sustainability Act (CFSA) to proceed as planned, thus avoiding any additional regulatory burden that the expiry of the current approach under the ESA would create for the forest industry. The CFSA provides for the sustainable management of Crown forests in a manner that must have regard for plant and animal life, including species at risk, water, soil, air and social and economic values. The proposed amendments ensure that the current approach would continue to apply while the government continues to consider a long-term approach for forestry operations and protection of species at risk.
As this proposed amendment extends the existing approach, no new administrative costs are anticipated as a result of this proposal.
As this proposed amendment extends the existing approach, no new administrative costs are anticipated as a result of this proposal.
Further Information:
Link to Environmental Registry
Proposal Number:
20-MECP005
Posting Date:
May 19, 2020
Comments Due Date:
June 18, 2020