Regulation - LGIC

Amendments to the General Regulation (Ontario Regulation 242/08) under the Endangered Species Act, 2007 to prescribe the habitat for seven species at risk

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
A decision was made on May 28, 2012 to proceed with the proposal as described, subject to changes made below as a result of public consultation.

The proposal was implemented by an amendment to O. Reg. 242/08 (General) by O. Reg. 122/12. This regulation amendment was filed by the Registrar of Regulations on June 01, 2012 and was published in the Ontario Gazette on June 16, 2012.
Further Information:
Proposal Number:
Posting Date:
December 21, 2011
Summary of Proposal:
Section 10 of the Endangered Species Act, 2007 (ESA) prohibits the damage or destruction of the habitat of species classified as endangered or threatened on the Species at Risk in Ontario (SARO) List in Ontario Regulation 230/08.

Under the ESA, ?habitat? is defined as either an area on which a species depends directly or indirectly to carry on its life processes based on the general definition in clause 2(1)(b) of the ESA or the area prescribed for the species in a habitat regulation (clause 2(1)(a). A habitat regulation can prescribe an area as the habitat of the species through the description of boundaries, features of an area, or by describing the area in any other manner.

Under the ESA, the MNR is required to give notice to the public under of the Environmental Bill of Rights, 1993 of a proposal to make a regulation (amending Ontario Regulation 242/08) that would prescribe an area as the habitat of a species which is listed on the SARO List as endangered or threatened.

On September 10, 2009, Bent Spike-rush and Rapids Clubtail were added to the SARO List as endangered, and Common Five-lined Skink (Carolinian population), Eastern Foxsnake (Carolinian population), and Gray Ratsnake (Carolinian population) were changed from special concern or threatened to endangered. At the same time, Eastern Foxsnake (Georgian Bay Population) and Gray Ratsnake (Frontenac Axis Population) were added to the SARO List as threatened.

This proposal is related to the proposed regulation to prescribe the habitat for the following seven species at risk:
Bent Spike-rush
Common Five-lined Skink
Eastern Foxsnake (Carolinian Population)
Eastern Foxsnake (Georgian Bay Population)
Gray Ratsnake (Carolinian Population)
Gray Ratsnake (Frontenac Axis Population)
Rapids Clubtail

Details on these species? habitat and the draft content of the proposed regulation for these species at risk were developed based on the best available scientific information. To provide a level of certainty to areas that are protected, in some cases the proposed regulation has been defined on specific features, geography, and known and historic occurrences. To the extent possible, the government would like to protect the habitat of a species where it occurs and is interested in perspectives that would provide additional details on locations that could be protected outside those identified in the current proposal.
Contact Address:
Glenn Desy
Species at Risk Biologist
Ministry of Natural Resources
Policy Division
Species at Risk Branch
300 Water Street
Floor 2
Robinson Place South Tower
Peterborough Ontario
K9J 8M5
Effective Date:
May 28, 2012