Invasive Species Act, 2015, S.O. 2015, c. 22

• Jurisdiction: Ontario

Invasive Species Act, 2015

S.o. 2015, chapter 22

Consolidation Period: From July 1, 2019 to the e-Laws currency date.

Last amendment: 2019, c. 7, Sched. 17, s. 95.

CONTENTS

Interpretation

Definitions

1 In this Act,

“boat” includes a motorboat, rowboat, canoe, punt, sailboat or raft; (“bateau”)

“carrier” means a plant, animal, organism, conveyance or other thing that is prescribed as a carrier under section 6; (“vecteur”)

“conveyance” means a vehicle, boat or aircraft; (“moyen de transport”)

“designated invasive species” means an invasive species designated by the Minister under section 5 as an invasive species to which this Act applies; (“espèce envahissante désignée”)

“enforcement officer” means an enforcement officer appointed or designated under section 31; (“agent d’exécution”)

“harm to the natural environment” includes any adverse effect to biodiversity or ecological processes or to natural resources and their use; (“préjudice causé à l’environnement naturel”)

“inspector” means an inspector appointed or designated under section 15; (“inspecteur”)

“invaded place” means a place that is declared as an invaded place by order of an inspector under section 23; (“endroit infesté”)

“invasive species” means a species that is not native to Ontario, or to a part of Ontario, and,

(a) is harming the natural environment of Ontario or of the part of Ontario in which it is present, or

(b) is likely to harm the natural environment of Ontario or of a part of Ontario, regardless of whether it is present in Ontario or in a part of Ontario; (“espèce envahissante”)

“invasive species control area” means an area designated as an invasive species control area under section 14; (“zone de lutte contre une espèce envahissante”)

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

“Minister” means the Minister of Natural Resources and Forestry 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”)

“prescribed” means prescribed by regulation; (“prescrit”)

“prohibited invasive species” means an invasive species that is classified as a prohibited invasive species by a regulation made under section 4; (“espèce envahissante interdite”)

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

“restricted invasive species” means an invasive species that is classified as a restricted invasive species by a regulation made under section 4; (“espèce envahissante faisant l’objet de restrictions”

“species” means a species or subspecies of animal, plant or other organism, including bacteria or viruses, that may or may not be native to Ontario; (“espèce”)

“vehicle” means any kind of vehicle that is driven, propelled or drawn on land or ice by any kind of power, including muscular power, and includes the rolling stock of a railway. (“véhicule”)

Interpretation

2 A reference to a species includes,

(a) a reference to members of the species whether they are alive or dead;

(b) a reference to members of the species at any stage of their development; and

(c) in the case of a reference to a species other than an animal, a reference to any part of the species.

Identification of Invasive Species and Carriers

Application of Act

3 (1) Unless otherwise indicated in a provision of this Act or the regulations, this Act applies only with respect to,

(a) invasive species that are prescribed by regulation under section 4 or designated by the Minister under section 5; and

(b) carriers that are prescribed by regulation under section 6.

Similar species

(2) For the purposes of the application and enforcement of this Act, a member of a species that is not easily distinguished from a member of an invasive species to which this Act applies shall be deemed, in the absence of evidence to the contrary, to be a member of the invasive species.

Regulations re: invasive species

4 (1) The Lieutenant Governor in Council may make regulations prescribing invasive species as invasive species to which this Act applies.

Classes of invasive species

(2) A regulation under subsection (1) shall classify each prescribed invasive species into one of the following classes:

1. A prohibited invasive species, being an invasive species to which the prohibitions set out in section 7 and the measures set out in sections 23 and 27 apply.

2. A restricted invasive species, being an invasive species to which the prohibitions set out in subsection 8 (1) apply and to which conditions, restrictions or prohibitions may be added by regulation under subsection 8 (2) or (3) and measures set out in sections 23 and 27 may be made to apply by regulation.

Same

(3) The classification of an invasive species under subsection (2) shall be based on the extent to which the species is present in the natural environment in Ontario at the time the regulation is made and on other considerations such as the following:

1. The species’ biological characteristics.

2. The harm the species has had on the natural environment, if any, or is likely to have in the future.

3. The dispersal ability of the species.

4. The social or economic impacts of the species.

Temporary designation of invasive species

5 (1) Where the Minister becomes aware of a threat to Ontario’s natural environment posed by an invasive species that has not been prescribed under section 4 as an invasive species to which this Act applies, the Minister may make an order designating the invasive species as an invasive species to which this Act applies if, in his or her opinion,

(a) the invasive species poses a serious and imminent threat to the natural environment that requires the immediate application of the provisions of this Act and of such other safeguards as may be specified in the order; and

(b) delays required for making a regulation under section 4 prescribing the invasive species as an invasive species to which this Act applies would unduly increase the threat of harm that the invasive species poses to the natural environment in Ontario or a part of Ontario.

Effect of order

(2) If an order is made under subsection (1), the following sections of this Act shall apply to the designated invasive species as if it were a prohibited invasive species:

1. Section 7 (Prohibited invasive species, prohibitions).

2. Section 23 (Declaration of invaded place).

3. Section 27 (Actions to control or eradicate invasive species).

What the order may require

(3) An order designating an invasive species may,

(a) prohibit any activity that is likely to increase the threat of the invasive species to the natural environment in Ontario or the part of Ontario specified in the order and that is not otherwise prohibited under section 7;

(b) specify circumstances in which an activity or act prohibited by the order or under this Act may be carried out; and

(c) authorize a person or class of persons specified in the order to carry out any of the activities or acts prohibited under this Act or in the order, subject to such conditions as may be specified in the order.

Content of order

(4) An order designating an invasive species shall,

(a) identify the invasive species being designated and briefly describe the reasons for the designation;

(b) specify whether the order applies to all of Ontario or to a part of Ontario and, if the latter, describe the part of Ontario to which it applies;

(c) specify the time period for which the order is valid; and

(d) contain such other information as the Minister considers relevant to the order.

Cessation of designation

(5) A designation of an invasive species under subsection (1) ceases to apply on the earlier of the following dates:

1. The day a regulation is made under section 4 prescribing the invasive species.

2. The day specified in the order designating the invasive species.

3. The second anniversary of the day the order designating the invasive species is made.

Prohibitions

(6) No person shall engage in an activity that is prohibited by an order designating an invasive species except in accordance with the order.

Publication of order

(7) The Minister shall cause the order to be published,

(a) in a newspaper of general circulation in the area to which the order applies, in a publication directed at the segment of the population most directly affected or on a website maintained by the government of Ontario; and

(b) in any other manner the Minister considers appropriate.

Amendments

(8) The Minister may amend an order designating an invasive species to change,

(a) the duration of the order;

(b) the part of Ontario to which the order applies; and

(c) anything described in subsection (3).

Same

(9) An amendment to an order under subsection (1) shall not extend the duration of the order beyond the two-year period referred to in paragraph 3 of subsection (5).

Revocation

(10) The Minister may revoke an order made designating an invasive species if he or she is of the opinion the order is no longer necessary to reduce or eliminate the threat to the natural environment posed by the invasive species.

Publication

(11) The Minister shall publish an amendment or revocation of an order under subsection (1) in accordance with subsection (7).

Not a regulation

(12) An order made under this section is not a regulation for the purposes of Part III (Regulations) of the Legislation Act, 2006.

Regulations re: carriers

6 (1) The Lieutenant Governor in Council may make regulations prescribing any of the following things as carriers to which this Act applies:

1. A plant, an animal or organism, or any part of, or product derived from, a plant, an animal or organism, or any other thing, that is capable of being a host to an invasive species.

2. A conveyance or other thing that is capable of facilitating the movement of an invasive species from...