New! Draft Habitat Regulations
Ontario is proposing habitat regulations to prescribe the habitat for the following seven species: 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), and Rapids Clubtail. The draft regulations are available for comment on the Environmental Registry of the Environmental Bill of Rights website at: ontario.ca/ebr (Registry #011-5306 ). The deadline to comment is February 6, 2012.
General information on each species and the habitat that is being proposed to be protected is described below.
Bent Spike-rush:
Bent Spike-rush is a small, annual plant that grows on wet, sandy to muddy soils. The species is listed as endangered under the Endangered Species Act, 2007. In Ontario, Bent Spike-rush occurs in Great Lakes coastal meadow marshes and interdunal ponds along the shore of Lake Erie and on the shoreline of a dug sand pit at an inland site. The proposed habitat provisions for Bent Spike-rush would protect the areas where Bent Spike-rush exists, as well as those areas that the species depends on to carry out its life processes (e.g., dispersal, reproduction, growth).
These provisions would apply in the following areas: the geographic Township of Raleigh within the Municipality of Chatham-Kent and the geographic Township of Walsingham within Norfolk County.
Common Five-lined Skink (Carolinian Population):
The Common Five-lined Skink is a small black or grey-coloured lizard with five cream-coloured stripes along its back and a blue tail in juveniles. The Carolinian population is listed as endangered under the Endangered Species Act, 2007. It can be found along shorelines of Lakes Erie, St. Clair, and Huron often under woody debris in open areas or edges associated with sand dunes, open forested areas, and wetlands. The proposed habitat provisions for Common Five-lined Skink (Carolinian population) would protect important habitat features including natural or man-made hibernacula and nesting sites and 30 metres around those sites. Natural hibernacula and nesting sites would be protected until 3 years of documented non-use by a Common Five-lined Skink (Carolinian population) and for the current season for non-natural sites.
When a Common Five-lined Skink (Carolinian population) has occurred in natural habitat, those areas that are suitable for it to carry out its life processes would be protected along with all adjacent and suitable natural habitat types until 3 years of documented non-use.
When a Common Five-lined Skink (Carolinian population) has occurred within or adjacent to non-natural habitat those areas within 50 metres of where the skink exists that are suitable for it to carry out its life processes would be protected until 2 years of documented non-use.
Natural and man made cover objects within regulated areas would be considered part of the habitat as well.
These provisions would apply in the following areas: the regional municipalities of Halton and Niagara; the Municipality of Chatham-Kent; Haldimand County; and the counties of Lambton, Middlesex, Elgin and Essex.
Eastern Foxsnake (Carolinian Population):
The Eastern Foxsnake is Ontario's second largest snake reaching lengths of up to 1.75 metres. The Carolinian population is listed as endangered under the Endangered Species Act, 2007. It can be found in a wide variety of natural and cultural habitats, although it has a preference for non-forested lands and marshy areas. The proposed habitat provisions for Eastern Foxsnake (Carolinian population) would protect important habitat features including hibernacula and 100 metres around hibernacula, as well as natural or non-natural egg laying sites, communal shedding sites and communal basking sites and 30 metres around those sites. Hibernacula would be protected indefinitely as long as the area remains in a suitable condition. Natural egg laying sites, communal shedding sites and communal basking sites would be protected until 3 years of documented non-use by an Eastern Foxsnake (Carolinian population) and for the current season for non-natural sites. Areas suitable for foraging, thermoregulation, hibernation, reproduction, dispersal or migration for an Eastern Foxsnake (Carolinian population) within 1500 metres of an area that has been used by Eastern Foxsnake (Carolinian population) would also be protected. Lakes and rivers, below the high water mark, will be excluded.
These provisions would apply in the following areas: the City of Windsor; the counties of Essex, Lambton, Norfolk and Haldimand; the Municipality of Chatham-Kent; the Township of Pelee; and the Municipality of Bayham and West Elgin Township within the County of Elgin.
Eastern Foxsnake (Georgian Bay Population):
The Eastern Foxsnake is Ontario’s second largest snake reaching lengths of up to 1.75 metres. The Georgian Bay
population is listed as threatened under the Endangered Species Act, 2007. This species frequently occupies
open, rocky areas and sparse forests close to the shoreline along eastern Georgian Bay. The proposed habitat
provisions for Eastern Foxsnake (Georgian Bay population) would protect important habitat features including
hibernacula and 100 metres around hibernacula, as well as natural or non-natural egg laying sites, communal
shedding sites and communal basking sites and 30 metres around those sites. Hibernacula would be protected
indefinitely as long as the area remains in a suitable condition. Natural egg laying sites, communal shedding sites
and communal basking sites would be protected until 3 years of documented non-use by an Eastern Foxsnake (Georgian Bay population) and for the current season for non-natural sites. Areas suitable for foraging, thermoregulation, hibernation, reproduction, dispersal, or migration would also be protected if they were within 3600 metres of any area that has been used by an Eastern Foxsnake (Georgian Bay population) to a maximum of 500 metres from the mainland high water mark of Georgian Bay. Areas in Georgian Bay that are below the high water mark would be excluded. Two outlying sites near Port Severn and one site near Killarney would also be included in the regulation for a distance of 1500 metres. Lakes and rivers, below the high water mark, will be excluded.
These provisions would apply in the following areas: the Town of Parry Sound the townships of the Archipelago, Carling and Seguin, and the Municipality of McDougal within the Territorial District of Parry Sound; the townships of Severn, Tay and Tiny and the towns of Midland and Penetanguishene within Simcoe County; the Township of Georgian Bay within the District Municipality of Muskoka; and the territorial districts of Parry Sound and Sudbury.
Gray Ratsnake (Carolinian Population):
The Gray Ratsnake is Ontario's largest snake reaching lengths of up to 1.85 metres. The Carolinian population is listed as endangered under the Endangered Species Act, 2007. It can be found in a wide variety of natural and cultural habitats, although it has a preference for forests and forest edges. The proposed habitat provisions for Gray Ratsnake (Carolinian population) would protect important habitat features including hibernacula and 150 metres around hibernacula, as well as natural or non-natural egg laying sites, communal shedding sites and communal basking sites and 30 metres around those sites. Hibernacula would be protected indefinitely as long as the area remains in a suitable condition. Natural egg laying sites, communal shedding sites and communal basking sites would be protected until 3 years of documented non-use by a Gray Ratsnake (Carolinian population) and for the current season for non-natural sites. Areas suitable for foraging, thermoregulation, hibernation, reproduction, dispersal, or migration within 2000 metres of any area that has been used by a Gray Ratsnake (Carolinian population) would also be protected. Lakes and rivers, below the high water mark, will be excluded.
These provisions would apply in the following areas: the counties of Brant, Elgin, Haldimand and Norfolk; the Regional Municipality of Niagara; and the Municipality of Southwest Middlesex and the Village of Newbury within the County of Middlesex.
Gray Ratsnake (Frontenac Axis Population):
The Gray Ratsnake is Ontario's largest snake reaching lengths of up to 1.85 metres. The Frontenac Axis population is listed as threatened under the Endangered Species Act, 2007. It can be found in a wide variety of natural and cultural habitats, although it has a preference for forests and forest edges. The proposed habitat provisions for Gray Ratsnake (Frontenac Axis population) would protect important habitat features including hibernacula and 150 metres around hibernacula, as well as natural or non-natural egg laying sites, communal shedding sites and communal basking sites and 30 metres around those sites. Hibernacula would be protected indefinitely as long as the area remains in a suitable condition. Natural egg laying sites, communal shedding sites and communal basking sites would be protected until 3 years of documented non-use by a Gray Ratsnake (Frontenac Axis population) and for the current season for non-natural sites. Areas suitable for foraging, thermoregulation, hibernation, reproduction, dispersal, or migration within 1000 metres of any area that has been used by a Gray Ratsnake (Frontenac Axis population) would also be protected. Lakes and rivers, below the high water mark, will be excluded.
These provisions would apply in the following areas: the City of Kingston; the towns of Perth and Gananoque; the townships of South Frontenac, Frontenac Islands and Central Frontenac within the County of Frontenac; the United Counties of Leeds and Grenville; and the townships of Tay Valley and Drummond/North Elmsley within the County of Lanark.
Rapids Clubtail:
The Rapids Clubtail is a relatively small, brightly coloured dragonfly which lays its eggs on the surface of fast flowing water. The species is listed as endangered under the Endangered Species Act, 2007. It can found in and around clear, cool, medium-to-large rivers with wooded shorelines, gravel shallows, and muddy pools. The proposed habitat provisions for Rapids Clubtail would protect any part of a river, stream or other body of water, up to the high water mark that is being used by a Rapids Clubtail or on which a Rapids Clubtail directly depends in order to carry on its life processes. This aquatic habitat would be protected until 5 years of documented non-use by a Rapids Clubtail, as long as habitat conditions remain suitable for a Rapids Clubtail to carry out its life processes. Areas of deciduous or mixed forest within 200 metres of the high water mark, adjacent to the aquatic areas identified above, would also be protected.
These provisions would apply in the following areas: the townships of Zorra and South-west Oxford within the County of Oxford; the Township of King and the City of Vaughan within the Regional Municipality of York; the Town of Caledon within the Regional Municipality of Peel; the Municipality of Thames Centre within the County of Middlesex; and the Town of Mississippi Mills within the County of Lanark.
Finalized Habitat Regulations Under the ESA 2007
The government of Ontario has passed regulations defining the habitat for the following species: American Badger, Barn Owl, Eastern Flowering Dogwood, Eastern Prairie Fringed-orchid, Engelmann's Quillwort, Few-flowered Club-rush, Jefferson Salamander, Ogden's Pondweed, Peregrine Falcon, Redside Dace, Western Silvery Aster, and Wood Turtle.
General information on each species and the habitat that is being protected is described below.
American Badger Habitat:
The American Badger (endangered) is a short, sturdy member of the weasel (or mustelid) family. It is found in a variety of habitats in Ontario, such as tallgrass prairie, sand barrens and farmland. In Ontario, the badger is found primarily in the southwestern part of the province, close to Lake Erie. There are also badgers in northwestern Ontario in the Thunder Bay and Rainy River areas. The regulated habitat for badger protects dens that are being used or have been used in the past 12 months by a badger, plus woodchuck (groundhog) and Franklin's ground squirrel burrows within 850 metres of the den. A 5-metre radius around the entrance to all badger dens is also protected.
Barn Owl Habitat:
The Barn Owl (endangered) is a mid-sized owl that has adapted to nesting and roosting in barns and abandoned buildings. It may also use natural cavities in trees. The regulated habitat for Barn Owl protects natural features (e.g., trees) or structures (e.g., silo, barn, other) that are being used by Barn Owls for nesting or roosting. Nesting or roosting sites, as well as the area 25 metres around the base of natural features (e.g., trees) used as nesting or roosting sites, receive protection for 12 months after its last use. In addition, areas that provide suitable foraging conditions for Barn Owl that are within 1 kilometre of the natural feature or structure on or which the Barn Owl is nesting or roosting are also protected.
Eastern Flowering Dogwood Habitat:
The Eastern Flowering Dogwood (endangered) is a small, showy tree native to deciduous and mixed forest understorey of southwestern Ontario. It grows in variety of vegetation communities, prefers mid-aged to mature forests, and can also be found along fencerows and roadsides. The regulated habitat for Eastern Flowering Dogwood protects elements of direct habitat including the terrestrial, naturally occurring vegetation types where the tree exists as well as the terrestrial area within a 20 metre radius of each stem. Due to the large number of horticultural specimens of dogwood planted in landscaped settings such as urban gardens, cultivars of Eastern Flowering Dogwood are excluded from protection under this regulation unless they were developed from disease resistant plants that are native to Ontario or an adjacent state.
Eastern Prairie Fringed-orchid Habitat:
The Eastern Prairie Fringed-orchid (endangered) is an impressive rare orchid that grows in fen-type wetlands, tallgrass prairie and moist old fields. The regulated habitat for Eastern Prairie Fringed-orchid protects the fens, tallgrass prairies, and moist old fields where the species occurs or has occurred within the following upper tier municipalities: City of Ottawa, the counties of Bruce, Grey, Essex, Lambton, Lanark, Lennox and Addington and Simcoe, the Municipality of Chatham-Kent, The Regional Municipality of York, the United Counties of Leeds and Grenville and the United Counties of Stormont, Dundas and Glengarry.
Engelmann's Quillwort Habitat:
The Engelmann's Quillwort (endangered) is an aquatic plant that grows in shallow water in lakes and rivers. The Engelmann's Quillwort is only found in two locations in Canada. The regulated habitat for Engelmann's Quillwort protects areas in and around the Gull and Severn Rivers identified on the maps below and inland areas within 5 metres of the high water mark of those areas. Areas on the proposed maps where the summer shade is heavy, the water is deeper than 5 metres or there is quickly flowing turbulent water (and the associated inland areas) are excluded.
- Engelmann's Quillwort (Isoetes engelmannii) - Gull River (PDF Size: 225 KB)
- Engelmann's Quillwort (Isoetes engelmannii) - Severn River (PDF Size: 631 KB)
Few-flowered Club-rush Habitat:
The Few-flowered Club-rush (endangered) is a woodland sedge that is usually found on steep slopes of oak forests. In Ontario, it grows at just two sites at the Royal Botanical Gardens in Hamilton and at the Rouge Park in Pickering. The regulated habitat for Few-flowered Club-rush protects dry fresh oak deciduous forest and dry fresh oak-maple-hickory deciduous forest within specific areas found in the Rouge Park and dry fresh oak deciduous forest, dry fresh oak-maple-hickory deciduous forest and dry tallgrass woodland within specific areas of the Royal Botanical Gardens.
Jefferson Salamander Habitat:
Jefferson Salamanders (threatened) generally use intact deciduous forests with an undisturbed forest floor and unpolluted breeding ponds. In Canada, they are found only in southern Ontario, mainly along the Niagara Escarpment. The habitat regulation is limited to the City of Hamilton, the counties of Brant, Dufferin, Elgin, Grey, Haldimand, Norfolk and Wellington and the regional municipalities of Halton, Niagara, Peel, Waterloo and York. The regulated habitat for Jefferson Salamander protects wetlands, pools and ponds that are being used by Jefferson Salamanders or that were used in the past 5 years. The area that is within 300 metres of these wetlands, pools and ponds that provides suitable conditions for foraging, dispersal, migration or hibernation is also protected as habitat. In addition, areas that provide suitable conditions for dispersal to other suitable breeding areas, as well as the suitable breeding areas to which Jefferson Salamanders may disperse, up to 1 kilometre away from protected breeding ponds are protected.
Ogden's Pondweed Habitat:
The Ogden's Pondweed (endangered) is a submerged, annual aquatic plant that grows in clear, shallow water of slow-moving streams, beaver ponds, and lakes. This globally imperilled species has been found at only nineteen locations in the world. The regulated habitat for Ogden's Pondweed protects elements of direct habitat including aquatic vegetation communities less than 5 metres in depth where the species exists or has existed in the past as well as associated portions of the waterbody up to the high water mark. Protected indirect habitat includes the area above the high water mark that is within 5 metres of the aquatic vegetation communities in which the plant occurs.
Peregrine Falcon Habitat:
Peregrine Falcons (threatened) nest on high steep cliff ledges close to large bodies of water and on structures such as tall buildings and bridges. Although Peregrine Falcons now nest in and around Toronto and several other southern Ontario cities, the majority of Ontario's breeding population is found around Lake Superior in northern Ontario. The regulated habitat for Peregrine Falcon protects natural cliff faces that are at least 15 metres high and that are being used or have been used by Peregrine Falcon for nesting within the past 15 years, plus a 1 kilometre area around the cliff face. Nesting sites located on an artificial cliff face (e.g., steep rock cut, open pit mine) are protected while the nesting site is being used. In addition, nesting sites on structures (such as buildings and bridges) that are being used or have been used by Peregrine Falcon for nesting within the last 2 years, and the area on the outside surface that is within 10 metres of the nesting site are protected, as are areas within 200 metres of these nesting sites that are habitually used by Peregrine Falcon (e.g. for roosting, plucking, or perching).
Redside Dace Habitat:
The Redside Dace (endangered) is a small colourful minnow that generally lives in small streams. In Canada, it is found only in southern Ontario and the Two Tree River on St. Joseph Island. Redside Dace require cool, clear flowing water with riffle-pool sequences and overhanging streamside vegetation. The regulated habitat for Redside Dace protects elements of direct habitat including stream reaches where the species has been recorded within the past 20 years and in which the habitat is still suitable. Protected recovery habitat includes formerly occupied stream reaches in occupied or adjacent subwatersheds where there is a reasonable likelihood of successful stream corridor rehabilitation and natural recolonization. Protected indirect habitat includes the associated meander belt width plus vegetated areas or agricultural lands, within 30 metres of the meander belt for each occupied or recovery stream reach; protected indirect habitat also includes streams, headwaters drainage features, groundwater discharge areas or wetlands that augment or maintain baseflows, coarse sediment supply and surface water quality to occupied or recovery reaches where the average bankfull width of the respective occupied or recovery reach is less than or equal to 7.5 metres wide.
Western Silvery Aster Habitat:
The Western Silvery Aster (endangered) is a perennial wildflower that grows in open bur oak savannahs. There are only two known existing populations of Western Silvery Aster in Ontario, both in northwestern Ontario. The regulated habitat for Western Silvery Aster protects the bur oak savannah habitat that currently supports Western Silvery Aster. For maps, refer to the links below.
Wood Turtle Habitat:
Wood Turtle (endangered), a mid-sized turtle, is typically found in and around clear rivers, streams or creeks that have moderate current and sandy or gravely bottoms. The habitat regulation is limited to the regional municipalities of Halton, Niagara and Waterloo; the counties of Huron, Renfrew and Simcoe; the districts of Algoma, Nipissing and Parry Sound and the City of Greater Sudbury. The regulated habitat for Wood Turtle protects the parts of rivers, streams and other water bodies used by Wood Turtles or on which a Wood Turtle directly depends to carry out its life processes. In addition, for southern populations, the part of the river, stream or other water body that is within 2000 metres of the areas used by Wood Turtles and that provides suitable conditions for a Wood Turtle to carry out its life processes are protected along with the adjacent land that is 200 metres back from the protected parts of the river, stream or other water body. For northern populations, the part of the river, stream or other water body that is within 6000 metres of the areas used by Wood Turtles and that provides suitable conditions for a Wood Turtle to carry out its life processes are protected along with the adjacent land that is 500 metres back from the protected parts of the river, stream or other water body. Areas within 300 metres of a nesting site located outside of the protected upland area are also protected.
