Habitat Protection & Species at Risk

All plants and wildlife depend on healthy habitat.  In fact, the loss of habitat is one of the main reasons that species are at risk today.  A range of factors can lead to habitat loss.  These factors include increased development, resource management activities, pollution and the spread of invasive plants and animals.

Carden Alvar, a globally significant habitat, and home to several Species at Risk. Photo by Danielle Tassie, OMNR

The Endangered Species Act (ESA 2007) helps protect species and their habitats.  In addition to species protection, the ESA 2007 prohibits damage or destruction of habitat for species at risk (those listed as endangered or threatened on the Species at Risk in Ontario (SARO) List). 

The ESA 2007 also offers clearer definitions of "habitat."  This clarity will provide greater certainty to landowners and others on what constitutes habitat and the types of activities that may be harmful to species at risk habitat.

"General Habitat" vs. "Regulated Habitat"

The Endangered Species Act 2007 provides two types of habitat protection; "general" and "regulated".

General Habitat

When a species is newly listed as endangered or threatened on the Species at Risk in Ontario (SARO) list, its habitat is also protected under the ESA 2007.  The area of habitat protected is based on a general habitat definition found in the Act.

The definition of general habitat applies to areas that a species currently depends on.  These areas may include dens and nests, wetlands, forests and other areas essential for breeding, rearing, feeding, hibernation and migration.

This protection remains in place until a species-specific habitat regulation is created.

Regulated Habitat

When a species is added to the SARO list, the process of identifying species-specific (or regulated) habitat begins. 

A habitat regulation provides greater certainty of what is meant by a species habitat.

It may describe features of the area (e.g., a creek, a cliff, or beach, or a human-made feature such as a barn) or geographic boundaries.  The description may include areas where the species is found, has been found in the past, as well as areas that may be important to a species’ recovery.
 
A species-specific habitat regulation is the legal description of a species habitat.  Once a species-specific habitat regulation is created it replaces the general habitat described above.

There are strict timelines associated with creating habitat regulations.  For species listed after June 30th 2008, regulated habitat will need to be identified within 2 years for endangered species, and 3 years for those listed as threatened.

• NEW - For more information on ONTARIO’s FIRST HABITAT REGULATION UNDER THE ESA 2007 read more...