Regulation - Other
Amendments to Ontario Regulation 230/08 (Species at Risk in Ontario List) in response to COSSARO's 2019-2020 Annual Report
Regulation Number(s):
Ontario Regulation 230/08
Instrument Type:
Regulation - Other
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
On January 26, 2022, we amended the Species at Risk in Ontario List to reflect new species at risk classifications set out in the 2019-2020 Annual Report of the Committee on the Status of Species at Risk in Ontario.
Analysis of Regulatory Impact:
The addition of newly-protected species to the SARO List expands the scope of the prohibitions set out under the Endangered Species Act, 2007 (ESA). Proponents undertaking activities that would adversely impact protected species and habitat would no longer be able to do so without an authorization under the ESA if impacts cannot be avoided. At the time that the SARO List was amended, the primary authorization option available to proponents undertaking activities that may impact the newly-protected species or habitat was an ESA permit.
It was estimated that the newly-protected species may trigger applications for approximately six additional ESA permits per year, resulting in associated average annual administrative costs to proponents of $271,447 and review costs to government of $76,091.
May 31, 2022, amendments to Ontario Regulation 242/08 (General) made under the ESA came into force that selectively extend existing conditional exemptions to eligible activities that may impact species newly classified as threatened or endangered in 2018 and 2022. Conditional exemptions streamline processes for eligible activities that generally require common avoidance and mitigation actions to reduce impacts and provide protections for species. The changes:
• reduce burdens on activity proponents who engage in activities in accordance with conditional exemption requirements as they would not need to obtain a permit or agreement.
• increase the predictability of regulatory requirements, enabling cost and time savings to individuals, businesses, and the government.
• continue to provide protections for species at risk as the exemptions generally contain conditions that scope the application or eligibility of the regulation and provide requirements to mitigate impacts to impacted species.
See Environmental Registry posting 019-4280 (https://ero.ontario.ca/notice/019-4280) for more details.
The benefits of the amendments made to the SARO List cannot be quantified in a manner that would enable the direct comparison of financial costs and benefits to stakeholders. However, the amendments made are required under the ESA to support the protection and recovery of species that have been determined to be at risk in Ontario, and in turn support the preservation of Ontario's biodiversity and natural heritage for present and future generations of Ontarians.
It was estimated that the newly-protected species may trigger applications for approximately six additional ESA permits per year, resulting in associated average annual administrative costs to proponents of $271,447 and review costs to government of $76,091.
May 31, 2022, amendments to Ontario Regulation 242/08 (General) made under the ESA came into force that selectively extend existing conditional exemptions to eligible activities that may impact species newly classified as threatened or endangered in 2018 and 2022. Conditional exemptions streamline processes for eligible activities that generally require common avoidance and mitigation actions to reduce impacts and provide protections for species. The changes:
• reduce burdens on activity proponents who engage in activities in accordance with conditional exemption requirements as they would not need to obtain a permit or agreement.
• increase the predictability of regulatory requirements, enabling cost and time savings to individuals, businesses, and the government.
• continue to provide protections for species at risk as the exemptions generally contain conditions that scope the application or eligibility of the regulation and provide requirements to mitigate impacts to impacted species.
See Environmental Registry posting 019-4280 (https://ero.ontario.ca/notice/019-4280) for more details.
The benefits of the amendments made to the SARO List cannot be quantified in a manner that would enable the direct comparison of financial costs and benefits to stakeholders. However, the amendments made are required under the ESA to support the protection and recovery of species that have been determined to be at risk in Ontario, and in turn support the preservation of Ontario's biodiversity and natural heritage for present and future generations of Ontarians.
Further Information:
Link to Environmental Registry
2019-2020 Annual Report from the Committee on the Status of Species at Risk in Ontario (COSSARO)
Committee on the Status of Species at Risk in Ontario (COSSARO)
Endangered Species Act, 2007
Species at Risk in Ontario List (Ontario Regulation 230/08)
Proposal Number:
22-MECP014
Posting Date:
Summary of Proposal:
On January 27, 2021 the Minister received COSSARO's 2019-2020 Annual Report. In response to the new species classifications set out in the report, we amended the SARO List (Ontario Regulation 230/08). The SARO List has been updated to include:
1. Fifteen new species:
• Seven endangered species:
• Black Ash
• Downy Yellow False Foxglove
• False-foxglove Sun Moth
• Gillman's Goldenrod
• Shagreen
• Toothed Globe
• White-rimmed Shingle Lichen
• Seven threatened species:
• Carolina Mantleslug
• Fern-leaved Yellow False Foxglove
• Hairy Valerian
• Hudsonian Godwit
• Lake Whitefish (Opeongo Lake large-bodied populations)
• Lake Whitefish (Opeongo Lake small-bodied populations)
• Smooth Yellow False Foxglove
• One special concern species:
• Red-tailed Leafhopper
2. Changes to three species:
• Goldenseal was re-classified from Threatened to Special Concern
• Red-headed Woodpecker was re-classified from Special Concern to Endangered
• Spoon-leaved Moss was re-classified from Endangered to Threatened
3. Updates to the common and/or scientific name of eight species to be consistent with recent nomenclatural or taxonomic changes:
• Eastern Prickly Pear Cactus (Opuntia humifusa) becomes Eastern Prickly-pear Cactus (Opuntia cespitosa)
• False Rue-anemone (Enemion biternatum) becomes Eastern False Rue-anemone (Enemion biternatum)
• Karner Blue (Lycaeides melissa samuelis) becomes Karner Blue (Plebejus samuelis)
• Ogden's Pondweed (Potamogeton ogdenii) becomes Ogden's Pondweed (Potamogeton x ogdenii)
• Showy Goldenrod (Boreal population) (Solidago speciosa) becomes Pale Showy Goldenrod (Solidago pallida)
• Showy Goldenrod (Great Lakes Plains population) (Solidago speciosa) becomes Stiff-leaved Showy Goldenrod (Solidago rigidiuscula)
• Small-flowered Lipocarpha (Lipocarpha micrantha) becomes Small-flowered Lipocarpha (Cyperus subsquarrosus)
• Virginia Mallow (Sida hermaphrodita) becomes Virginia Mallow (Ripariosida hermaphrodita)
1. Fifteen new species:
• Seven endangered species:
• Black Ash
• Downy Yellow False Foxglove
• False-foxglove Sun Moth
• Gillman's Goldenrod
• Shagreen
• Toothed Globe
• White-rimmed Shingle Lichen
• Seven threatened species:
• Carolina Mantleslug
• Fern-leaved Yellow False Foxglove
• Hairy Valerian
• Hudsonian Godwit
• Lake Whitefish (Opeongo Lake large-bodied populations)
• Lake Whitefish (Opeongo Lake small-bodied populations)
• Smooth Yellow False Foxglove
• One special concern species:
• Red-tailed Leafhopper
2. Changes to three species:
• Goldenseal was re-classified from Threatened to Special Concern
• Red-headed Woodpecker was re-classified from Special Concern to Endangered
• Spoon-leaved Moss was re-classified from Endangered to Threatened
3. Updates to the common and/or scientific name of eight species to be consistent with recent nomenclatural or taxonomic changes:
• Eastern Prickly Pear Cactus (Opuntia humifusa) becomes Eastern Prickly-pear Cactus (Opuntia cespitosa)
• False Rue-anemone (Enemion biternatum) becomes Eastern False Rue-anemone (Enemion biternatum)
• Karner Blue (Lycaeides melissa samuelis) becomes Karner Blue (Plebejus samuelis)
• Ogden's Pondweed (Potamogeton ogdenii) becomes Ogden's Pondweed (Potamogeton x ogdenii)
• Showy Goldenrod (Boreal population) (Solidago speciosa) becomes Pale Showy Goldenrod (Solidago pallida)
• Showy Goldenrod (Great Lakes Plains population) (Solidago speciosa) becomes Stiff-leaved Showy Goldenrod (Solidago rigidiuscula)
• Small-flowered Lipocarpha (Lipocarpha micrantha) becomes Small-flowered Lipocarpha (Cyperus subsquarrosus)
• Virginia Mallow (Sida hermaphrodita) becomes Virginia Mallow (Ripariosida hermaphrodita)
Contact Address:
Public Input Coordinator
705-755-1963
ESAReg@ontario.ca
705-755-1963
ESAReg@ontario.ca
Effective Date:
January 26, 2022
Decision:
Approved