Endangered Species Act, 2007, S.O. 2007, c. 6

• Jurisdiction: Ontario

Endangered Species Act, 2007

S.o. 2007, chapter 6

Consolidation Period: From October 19, 2021 to the e-Laws currency date.

Last amendment: 2020, c. 18, Sched. 6, s. 50.

CONTENTS

Preamble

Biological diversity is among the great treasures of our planet. It has ecological, social, economic, cultural and intrinsic value. Biological diversity makes many essential contributions to human life, including foods, clothing and medicines, and is an important part of sustainable social and economic development.

Unfortunately, throughout the world, species of animals, plants and other organisms are being lost forever at an alarming rate. The loss of these species is most often due to human activities, especially activities that damage the habitats of these species. Global action is required.

The United Nations Convention on Biological Diversity takes note of the precautionary principle, which, as described in the Convention, states that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.

In Ontario, our native species are a vital component of our precious natural heritage. The people of Ontario wish to do their part in protecting species that are at risk, with appropriate regard to social, economic and cultural considerations. The present generation of Ontarians should protect species at risk for future generations.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Introduction

Purposes

1 The purposes of this Act are:

1. To identify species at risk based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge.

2. To protect species that are at risk and their habitats, and to promote the recovery of species that are at risk.

3. To promote stewardship activities to assist in the protection and recovery of species that are at risk. 2007, c. 6, s. 1.

Definitions

2 (1) In this Act,

“aboriginal person” means a member of the aboriginal peoples of Canada, as defined in section 35 of the Constitution Act, 1982; (“personne autochtone”)

“Agency” means the corporation established by regulation under section 20.4; (“Agence”)

“conservation fund species” means a species that is designated under subsection 20.1 (3) for the purposes of the Fund; (“espèce ciblée par le fonds de conservation”)

“COSSARO” means the Committee on the Status of Species at Risk in Ontario; (“CDSEPO”)

“enforcement officer” means an enforcement officer under section 21; (“agent d’exécution”)

“Fund” means the Species at Risk Conservation Fund established under section 20.1; (“Fonds”)

“habitat” means,

(a) with respect to a species of animal, plant or other organism for which a regulation made under clause 56 (1) (a) is in force, the area prescribed by that regulation as the habitat of the species, or

(b) with respect to any other species of animal, plant or other organism, an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding,

and includes places in the area described in clause (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences; (“habitat”)

“justice” has the same meaning as in the Provincial Offences Act; (“juge”)

“Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“officer in charge” has the same meaning as in Part VIII of the Provincial Offences Act; (“agent responsable”)

“operating agreement” means an operating agreement entered into by the Minister and the Agency under section 20.11; (“accord de fonctionnement”)

“person” includes an unincorporated body referred to in paragraph 1, 2 or 3 of subsection 19 (1); (“personne”)

“recovery strategy” means a strategy prepared under section 11 for the recovery of a species; (“programme de rétablissement”)

“regulations” means the regulations made under this Act; (“règlements”)

“species” means a species, subspecies, variety or genetically or geographically distinct population of animal, plant or other organism, other than a bacterium or virus, that is native to Ontario; (“espèce”)

“Species at Risk in Ontario List” means the regulations made under section 7; (“Liste des espèces en péril en Ontario”)

“species conservation charge” means a charge that is paid to the Agency in accordance with section 20.3. (“redevance pour la conservation des espèces”) 2007, c. 6, s. 2 (1); 2019, c. 9, Sched. 5, s. 1 (1-3).

Definition of “habitat”, cl. (b)

(2) For greater certainty, clause (b) of the definition of “habitat” in subsection (1) does not include an area where the species formerly occurred or has the potential to be reintroduced unless existing members of the species depend on that area to carry on their life processes. 2007, c. 6, s. 2 (2).

First time listing

(3) For greater certainty, a reference in this Act to a species being listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time is a reference to a species being so listed in circumstances where the species has not been previously listed as either an endangered species or a threatened species. 2019, c. 9, Sched. 5, s. 1 (4).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 1 (1-4) - 01/07/2019

Classification of Species

Committee on the Status of Species at Risk in Ontario

3 (1) The committee known in English as the Committee on the Status of Species at Risk in Ontario and in French as Comité de détermination du statut des espèces en péril en Ontario is continued. 2007, c. 6, s. 3 (1).

Composition

(2) COSSARO shall be composed of such number of members as may be appointed by the Lieutenant Governor in Council. 2007, c. 6, s. 3 (2).

Chair

(3) The Lieutenant Governor in Council shall designate one of the members as chair of COSSARO. 2007, c. 6, s. 3 (3).

Qualifications

(4) A person may be appointed to COSSARO only if the Minister considers that the person has relevant expertise that is drawn from,

(a) a scientific discipline such as conservation biology, ecology, genetics, population dynamics, taxonomy, systematics or wildlife management; or

(b) community knowledge or aboriginal traditional knowledge. 2007, c. 6, s. 3 (4); 2019, c. 9, Sched. 5, s. 2.

Independence

(5) The members of COSSARO shall perform their functions in an independent manner, and not as representatives of their employers or of any other person or body. 2007, c. 6, s. 3 (5).

Lobbying

(6) A member of COSSARO shall not, with respect to any matter related to this Act,

(a) act as a consultant lobbyist within the meaning of subsection 4 (10) of the Lobbyist Registration Act, 1998; or

(b) act as an in-house lobbyist within the meaning of subsection 5 (7) or 6 (5) of the Lobbyist Registration Act, 1998. 2007, c. 6, s. 3 (6).

Section Amendments with date in force (d/m/y)

2019, c. 9, Sched. 5, s. 2 - 01/07/2019

Functions of COSSARO

4 (1) COSSARO shall perform the following functions:

1. Subject to section 5, maintain criteria for assessing and classifying species.

2. Maintain and prioritize a list of species that should be assessed and classified, including species that should be reviewed and, if appropriate, reclassified.

3. Subject to section 8, assess, review and classify species in accordance with the list maintained under paragraph 2.

4. Submit reports to the Minister in accordance with this Act.

5. Provide advice to the Minister on any matter submitted to COSSARO by the Minister.

6. Perform any other function required under this or any other Act. 2007, c. 6, s. 4 (1).

List of species to be assessed

(2) COSSARO shall ensure that the list referred to in paragraph 2 of subsection (1) includes every Ontario species that,

(a) has been classified by the Committee on the Status of Endangered Wildlife in Canada as extirpated, endangered, threatened or of special concern under the Species at Risk Act (Canada); and

(b) has not yet been assessed by COSSARO. 2007, c. 6, s. 4 (2).

Information for Minister

(3) COSSARO shall ensure that the Minister is provided with up to date copies of the criteria referred to in paragraph 1 of subsection (1) and the list referred to in paragraph 2 of subsection (1). 2007, c. 6, s. 4 (3).

Rules for classification

5 (1) For the purposes of this Act, COSSARO shall classify species in accordance with the following rules:

1. A species shall be classified as an extinct species if it no longer lives anywhere in the world.

2. A species shall be classified as an extirpated species if it lives somewhere in the world, lived at one time in the wild in Ontario, but no longer lives in the wild in Ontario.

3. A species shall be classified as an endangered species if it lives in the wild in Ontario but is facing imminent extinction or extirpation.

4. A species shall be classified as a threatened species if it lives in the wild in Ontario, is not endangered, but is likely to become endangered if steps are not taken to address factors threatening to lead to its extinction or extirpation.

5. A species shall be classified as a special concern species if it lives in the wild in Ontario, is not endangered or threatened, but may become threatened or endangered because of a combination of biological characteristics and identified threats. 2007, c. 6, s. 5 (1).

Geographic limitation

(2) When COSSARO classifies a species, the classification shall be deemed to apply to all of Ontario unless...