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.
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| 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.
Automatic or general habitat protection does not apply to extirpated species (species that are no longer found in Ontario). If an extirpated species is reintroduced, then the species’ habitat may be legally protected.
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.
- For more information on HABITAT REGULATIONS UNDER THE ESA 2007 read more...
New: Guidance to help assess whether an activity is likely to "damage" or "destroy" habitat protected under the Endangered Species Act, 2007
The Ministry of Natural Resources has developed two documents to help assess whether an activity is likely to damage or destroy habitat protected under subsection 10(1) of Ontario's Endangered Species Act, 2007 (ESA):
- Draft policy guidance, entitled Categorizing and Protecting Habitat under the Endangered Species Act, 2007, has been developed to provide clarity on how activities will be assessed when determining whether the activity will damage or destroy protected habitat (under subsection 10(1) of the ESA).
- In addition, a draft Information Gathering Form has been developed to enable project proponents to gather and submit the necessary information to the Ministry to assess whether the activity will contravene subsection 9(1) and/or 10(1) of the ESA.
The public is invited to review and submit comments on these documents through the policy proposal notice posted on Ontario's Environmental Registry (Registry #011-2841).
Technical Guidance for Forestry Activities under the Endangered Species Act, 2007
The Ministry of Natural Resources developed habitat regulations for nine endangered and threatened species, including the Peregrine Falcon and Wood Turtle. The final regulations, which amended Ontario Regulation 242/08, will come into force on February 18, 2010.
Activities that do not damage or destroy the habitats of these species may continue. Activities that will damage or destroy the habitats of these species will be prohibited after February 18, 2010 without authorization under the ESA, 2007.
The proposed technical guidance documents listed below are intended to provide direction relating to forestry activities in the regulated habitat of Peregrine Falcon and Wood Turtle and are currently available for on the Environmental Registry for comment.
- The Ministry of Natural Resources has developed proposed Technical Guidance for Forestry Activities in Peregrine Falcon Regulated Habitat under the Endangered Species Act, 2007. Comments can be provided through Ontario’s Environmental Registry - Search Number 010-9184.
- The Ministry of Natural Resources has developed proposed Technical Guidance for Forestry Activities in Wood Turtle Regulated Habitat under the Endangered Species Act, 2007. Comments can be provided through Ontario’s Environmental Registry - Search Number 010-9183.
