To provide flexibility and ensure that Ontario’s businesses and residents can continue to prosper while protecting species at risk and their habitat, the Endangered Species Act (ESA) includes several kinds of authorizations. These include permits, registration, agreements and exemptions. Details about several significant authorizations are provided to show how these authorizations give flexibility to Ontarians and protect species at risk.
Streamlined Approvals
The Ministry of Natural Resources is streamlining its approvals processes to help individuals and businesses access these services faster and more efficiently, while continuing to protect and sustainably manage Ontario's natural resources. The approach includes categorizing the ministry's approvals under four groups:
- Eliminating the need for approval for activities where there is little or no risk to natural resources such as activities covered by other government approvals processes.
- For specific low-risk activities, we are establishing clear rules that individuals and businesses will simply be required to follow, instead of requiring the current time-consuming review and approval approach.
- For moderate risk activities, we will require individuals and businesses to follow clear rules, but also to register these activities with the ministry through an online system.
- For all other activities, we will retain the current application and review approach, while taking opportunities to automate these processes where possible.
- Working on Structures in Fish and Mussel Habitat
- Remove Habitat Created or Enhanced for Species at Risk
- Grow or Sell Plants Commercially (Species at Risk Only)
- Ecosystem Conservation and Endangered or Threatened Species Restore Native Ecosystems
- Keep a Species at Risk for Science and Education
- Health and Safety Work and Endangered or Threatened Species
- Accidently Trapping a Species at Risk
- Forest Operations and Endangered or Threatened Species
- Help Protect or Recover an Endangered or Threatened Species
- Ditch and Drainage Work and Endangered or Threatened Species
- Development/infrastructure projects and newly protected species or habitats
- Mineral Exploration and Endangered or Threatened Species
- Hydro-electric Generating Stations and Endangered or Threatened Species
- Wind Farms and Endangered or Threatened Species
- Pits or Quarries and Endangered or Threatened Species
Stewardship Agreements
Under the ESA, the Ministry of Natural Resources (MNR) may enter into an agreement for the purpose of assisting in the protection or recovery of a species that is listed on the Species at Risk in Ontario List.
By entering into a stewardship agreement with the Ministry, you can perform an activity that may, for example, involve collecting some seeds in order to help protect or recover a species at risk. These activities are not allowed under the ESA. With an agreement, conditions are put in place to make sure adverse effects on the species are small while doing the activity, and the result will help the species. An agreement is a legal document and the conditions must be followed.
What kind of activity is suitable for a stewardship agreement? There are lots of possibilities as long as the goal is to help protect or recover species at risk. Some examples are:
- harvesting wild eastern prairie fringed-orchid seeds to re-plant as part of a multi-year prairie restoration project
- collecting plant materials for research to find or grow a disease-resistant Butternut tree
- building a fence in stream-bank habitat where species at risk occur, to keep cattle out of the stream, and restoring the habitat.
Aboriginal Agreements
Under the ESA, the Ministry may enter into an agreement for an activity that would otherwise contravene the act, with:
- a band as defined in the Indian Act
- a tribal council or
- an organization representing a territorially-based Aboriginal community.
This type of agreement authorizes an activity that would otherwise contravene the ESA. The Ministry cannot enter into an agreement if the authorized activity would jeopardize the survival or recovery of the species in Ontario.
Agriculture - Bobolink and Eastern Meadowlark (Expires October 31, 2014)
Activities undertaken while carrying out an agricultural operation are exempt by regulation from the species and habitat protection provisions of the ESA, with respect to bobolink and eastern meadowlark, until October 31, 2014. The exempted area which provided habitat for bobolink or eastern meadowlark must remain suitable for an agricultural operation.
For the purposes of this regulation, “agricultural operation” means an agricultural or horticultural operation that is carried out with the expectation of financial gain or reward and includes:
- draining, irrigating or cultivating land
- growing, producing or raising farm animals
- production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass,
- production of eggs, cream and milk
- operation of agricultural machinery and equipment
- management of materials containing nutrients for farm purposes
- ground and aerial spraying
- storage, handling or use of organic wastes
Streamlined Approvals
The Ministry of Natural Resources is streamlining its approvals processes to help Ontarians access these services faster and more efficiently, while continuing to protect and sustainably manage Ontario's natural resources.
Learn more about how this relates to Bobolink and Eastern Meadowlark.
Development – Bobolink and Eastern Meadowlark
Development activities that meet one of the requirements below are exempt by regulation from the habitat protection provisions of the ESA for bobolink and eastern meadowlark, provided all conditions prescribed in the regulation can be met.
- Development on lands designated as an area of settlement in an official plan of a municipality approved before January 1, 2013, provided the area of habitat damaged or destroyed is replaced
- Development activities where Draft Plan Approval or Condominium Act Approval is obtained before November 1, 2014, provided an area equal to 50% of the area of habitat damaged or destroyed is replaced
- Development activities where Draft Plan Approval or Condominium Act Approval is obtained before January 1, 2013, provided an area equal to 10% of the habitat damaged or destroyed is replaced
Conditions:
- Submit a development plan to MNR which outlines information on the activity and
the actions that will be taken to minimize adverse effects on the species’ habitat,
including:
- Activity description, qualification evidence, name, location, map, size of the habitat, ecoregion, proposed start date and,
- Habitat replacement area location, map, ecoregion, size of the replacement area, soil composition, vegetation composition.
- Replacement area must be established within 12 months of submitting the development plan.
- Replacement area must be 50-80% grasses (at least three species) with remainder in forbs or legumes.
- At least one of the grasses must grow to more than 50 centimetres under normal growing conditions.
- Maintenance of the replacement area is required for at least five years to maintain the habitat as described above and in a condition suitable for continued use of bobolink and eastern meadowlark.
- Where the replacement area will be used for livestock grazing, animals must be excluded from 50% of the area between September 16th and July 31st of the following year.
Development and infrastructure – Redside Dace
Under this exemption, specific urban development and infrastructure activities are exempt from the protection provisions of the ESA for redside dace and its habitat, if the conditions in the regulation are met.
The exemption applies to activities conducted under one of the following approvals:
- Development of land permitted by an official plan amendment made under the Planning Act, a zoning by-law made by a municipality under
the Planning Act, or an integrated environmental assessment authorized under the
Environmental Assessment Act, if:
- the other approval was made or authorized after September 27, 2002 and before July 1, 2011,
- the other approval specifies the limits of the valley and stream corridors in the area to be developed,
- the other approval has been reviewed by the conservation authority for the area to be developed and
- impacts of the development on redside dace were considered in making the amendment, by-law or assessment.
- Development of a lot if the lot is within a draft plan of subdivision or development of a unit under the Condominium Act, if the approval was given after September 27, 2002 and before December 31, 2012, the approval has not expired and the development is not prohibited by any zoning by-law or order made under the Planning Act.
- Carrying out an undertaking under Part II of the Environmental Assessment Act or under a specified Class Environmental Assessment, if the approval was given after September 27, 2002 and before July 1, 2011.
To qualify for this exemption, you must submit a Mitigation Report to the district manager at the nearest MNR office, receive approval of the plan from the MNR district manager by December 31, 2014, then carry out the activity in accordance with the Mitigation Plan. The requirements of the Mitigation Report are described in regulation.
General requirements of the mitigation plan include a description of the location of the activity, and the steps taken to minimize adverse effects on redside dace. The district manager may refuse the report if the requirements of the regulation are not met.
The regulation also prescribes specific requirements regarding the timing of activities, sediment control measures, restoration actions and storm water management designs.
Related
What's at risk in my area?
Figuring out if you need an authorization, like a permit or an agreement, starts with identifying which protected species are in your area.
