Regulation - LGIC
Regulatory changes under the Endangered Species Act to extend application of conditional exemptions to newly listed species and update the conditional exemption for the operation of wind facilities
Regulation Number(s):
O. Reg. 242/08
Instrument Type:
Regulation - LGIC
Bill or Act:
Endangered Species Act, 2007
Summary of Proposal:
We are proposing to make regulatory amendments in two key areas:
• Extend the application of the conditional exemptions in O. Reg. 242/08 to species listed on the Species at Risk in Ontario (SARO) List in January 2024 and January 2025
• Amend the wind facilities conditional exemption in O. Reg 242/08 to minimize impacts of such facilities to endangered bat species, and to maintain flexibility for wind facility operators.
We are also including an administrative amendment in this posting for awareness purposes.
• Extend the application of the conditional exemptions in O. Reg. 242/08 to species listed on the Species at Risk in Ontario (SARO) List in January 2024 and January 2025
• Amend the wind facilities conditional exemption in O. Reg 242/08 to minimize impacts of such facilities to endangered bat species, and to maintain flexibility for wind facility operators.
We are also including an administrative amendment in this posting for awareness purposes.
Analysis of Regulatory Impact:
The proposal to amend O. Reg. 242/08 to allow the application of the exemptions in the regulation for newly listed species would enable more proponents to register their activities, rather than seek permits or agreements from the ministry. The proposal to amend the wind facility operation conditional exemption (s. 23.20 of O. Reg. 242/08) would identify new specific requirements for minimizing adverse effects on bat species at risk. This will:
• reduce burden for proponents seeking ESA authorizations
• improve business certainty and increase efficiency
• maintain protections for species at risk
• reduce burden for proponents seeking ESA authorizations
• improve business certainty and increase efficiency
• maintain protections for species at risk
Further Information:
Link to Environmental Registry
Proposal Number:
25-MECP001
Posting Date:
January 13, 2025
Comments Due Date:
February 12, 2025