Regulation - Minister

Enabling species at risk habitat definitions under the Endangered Species Act, 2007

Regulation Number(s):
Ontario Regulation 832/21 (Habitat)
Ontario Regulation 833/21 Amending Ontario Regulation 242/08 (General)
Instrument Type:
Regulation - Minister
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
On December 9, 2021, the Government of Ontario filed regulations that moved 33 definitions of habitat prescribed under Ontario Regulation 242/08 to a regulation made by the Minister.

No changes have been made to the definitions of habitat.
Analysis of Regulatory Impact:
Further Information:
Proposal Number:
Posting Date:
Summary of Proposal:
Ontario provides protections for species at risk and their habitats under the Endangered Species Act.

The Minister of the Environment, Conservation and Parks has made a regulation that moves 33 definitions of habitat prescribed under O. Reg. 242/08 made under the Ontario Endangered Species Act to a Minister's regulation.

This regulatory change is administrative in nature and does not alter any of the definitions of habitats, nor will it have any impact on species at risk or the environment. The regulations are protective of species and their habitat, and the creation of the Minister's regulation ensures that the prescribed definitions of habitat continue to apply.

Habitat for species at risk in Ontario

Section 10 of the Endangered Species Act, 2007 (the Act) provides a prohibition against damaging or destroying the habitat of an endangered or threatened species in the province of Ontario.

Habitat is a defined term under section 2 of the Act and includes an area prescribed in a regulation made by the Minister, or the area that any other species of animal, plant or other organism depends on to carry on its life processes.

In 2019, the Act was amended to change the regulation-making authority to prescribe habitat definitions from the Lieutenant Governor in Council (LGIC) to the Minister.

Habitat definitions in regulations provide certainty about the areas that are protected for species listed under the Species at Risk in Ontario list.

Protecting habitat through Regulations 832/21 and 833/21

To finalize these changes made in 2019, the Minister's Regulations O. Reg.832/21 and O. Reg.833/21 move the existing LGIC-prescribed definitions of habitat under O. Reg. 242/08 to a Minister's regulation made under the Minister's regulation-making authority under the Act.

The amendments were filed by the Registrar of Regulations on December 9, 2021 and were published in the Ontario Gazette on December 25, 2021.

Ontario Regulation 832/21 on e-Laws
Ontario Regulation 833/21 on e-Laws
Contact Address:
Effective Date:
December 9, 2021