Regulation - LGIC
A proposal under the Endangered Species Act to enable use of the Species at Risk Conservation Fund and to streamline authorizations for certain activities that impact species at risk, while maintaining protections for species at risk.
Regulation Number(s):
242/08
829/21
830/21
651/21
656/21
829/21
830/21
651/21
656/21
Instrument Type:
Regulation - LGIC
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
We have established the Species Conservation Action Agency to invest in strategic, large-scale, and coordinated actions that will support more positive outcomes for select species at risk. We also created regulations to enable use of the Species at Risk Conservation Fund and expand conditional exemptions for activities with standard approaches.
We have made new regulations and amended existing regulations:
• designating six conservation fund species, prescribed associated species conservation charge formulae, and prescribed administrative requirements for the purposes of the Fund option, such as payment timing and conditions for refunds.
• enabling the use of the Fund option under three conditional exemptions that are applicable to four conservation fund species (Barn Swallow, Bobolink, Eastern Meadowlark and Butternut).
• expanding the eligibility for conditional exemptions to further streamline ESA authorizations for activities that have common and well understood approaches for minimizing adverse effects and achieving benefits for species at risk.
• allowing for the amendment or cancelation of a registration when a proponent has new contact information or has changed their plans for their activity.
• deciding to not move forward with the proposal to develop a conditional exemption for the propagation of at-risk plants, and the planting of at-risk plants in suitable areas other than the area from where the plant material (e.g. seeds) was taken.
NOTE: The option for proponents to pay charges to the Species at Risk Conservation Fund will be available starting on April 29, 2022.
We have made new regulations and amended existing regulations:
• designating six conservation fund species, prescribed associated species conservation charge formulae, and prescribed administrative requirements for the purposes of the Fund option, such as payment timing and conditions for refunds.
• enabling the use of the Fund option under three conditional exemptions that are applicable to four conservation fund species (Barn Swallow, Bobolink, Eastern Meadowlark and Butternut).
• expanding the eligibility for conditional exemptions to further streamline ESA authorizations for activities that have common and well understood approaches for minimizing adverse effects and achieving benefits for species at risk.
• allowing for the amendment or cancelation of a registration when a proponent has new contact information or has changed their plans for their activity.
• deciding to not move forward with the proposal to develop a conditional exemption for the propagation of at-risk plants, and the planting of at-risk plants in suitable areas other than the area from where the plant material (e.g. seeds) was taken.
NOTE: The option for proponents to pay charges to the Species at Risk Conservation Fund will be available starting on April 29, 2022.
Analysis of Regulatory Impact:
Regulatory impact statement (Species Conservation Action Agency)
The regulation that established the Species Conservation Action Agency will have positive outcomes for species at risk as the Agency will be able to invest in species protection and recovery activities that are more strategic and coordinated than individual efforts could provide. It is anticipated that the regulatory provisions will have no new administrative costs for businesses and other proponents.
Regulatory impact statement (conservation fund species, species conservation charges, new and amended conditional exemptions)
The new and amended regulations, as they relate to the Fund, will provide greater flexibility to proponents who require ESA authorizations in respect of conservation fund species, while maintaining protections for those species at risk.
Proponents who are authorized to undertake activities that impact conservation fund species may either complete beneficial actions for the species, or pay a species conservation charge to the Fund, which the Species Conservation Action Agency will use to implement long-term, large-scale and strategic protection and recovery activities that benefit eligible species.
This approach will shorten timelines, reduce burden and provide cost certainty for businesses, municipalities or individuals undertaking an activity that impacts conservation fund species. It is anticipated that these regulations will have no new incremental costs for businesses and other proponents.
It is anticipated that conservation fund species will benefit from a more strategic and coordinated approach to planning and implementation of protection and recovery activities that are funded by the Fund.
The new and amended conditional exemptions in O. Reg. 242/08 and O. Reg. 830/21 will give proponents more opportunities to register their activities rather than seek permits or agreements from the Minister for impacts to species at risk. This will:
• reduce burden for proponents seeking ESA authorizations
• improve business certainty and increase efficiency
• continue to achieve positive outcomes for species at risk.
It is anticipated that the new and amended conditional exemptions will have no new incremental costs for businesses and other proponents. The regulations are expected to be neutral for species at risk because the requirements that must be fulfilled under the conditional exemptions are based on the conditions that would otherwise be required in a permit or agreement.
The regulation that established the Species Conservation Action Agency will have positive outcomes for species at risk as the Agency will be able to invest in species protection and recovery activities that are more strategic and coordinated than individual efforts could provide. It is anticipated that the regulatory provisions will have no new administrative costs for businesses and other proponents.
Regulatory impact statement (conservation fund species, species conservation charges, new and amended conditional exemptions)
The new and amended regulations, as they relate to the Fund, will provide greater flexibility to proponents who require ESA authorizations in respect of conservation fund species, while maintaining protections for those species at risk.
Proponents who are authorized to undertake activities that impact conservation fund species may either complete beneficial actions for the species, or pay a species conservation charge to the Fund, which the Species Conservation Action Agency will use to implement long-term, large-scale and strategic protection and recovery activities that benefit eligible species.
This approach will shorten timelines, reduce burden and provide cost certainty for businesses, municipalities or individuals undertaking an activity that impacts conservation fund species. It is anticipated that these regulations will have no new incremental costs for businesses and other proponents.
It is anticipated that conservation fund species will benefit from a more strategic and coordinated approach to planning and implementation of protection and recovery activities that are funded by the Fund.
The new and amended conditional exemptions in O. Reg. 242/08 and O. Reg. 830/21 will give proponents more opportunities to register their activities rather than seek permits or agreements from the Minister for impacts to species at risk. This will:
• reduce burden for proponents seeking ESA authorizations
• improve business certainty and increase efficiency
• continue to achieve positive outcomes for species at risk.
It is anticipated that the new and amended conditional exemptions will have no new incremental costs for businesses and other proponents. The regulations are expected to be neutral for species at risk because the requirements that must be fulfilled under the conditional exemptions are based on the conditions that would otherwise be required in a permit or agreement.
Further Information:
Link to Environmental Registry
O. Reg. 242/08: GENERAL
O. Reg. 829/21: SPECIES CONSERVATION CHARGES
O. Reg. 830/21: EXEMPTIONS - BARN SWALLOW, BOBOLINK, EASTERN MEADOWLARK AND BUTTERNUT
O. Reg. 651/21: AGENCY
Proposal Number:
20-MECP027
Posting Date:
November 3, 2020
Summary of Proposal:
Please see Environmental Registry notice number 019-2636
Contact Address:
Public Input Coordinator
ESAReg@ontario.ca
ESAReg@ontario.ca
Effective Date:
December 9, 2021
Decision:
Approved