Habitat protection

How habitat protection works under the Endangered Species Act

The Endangered Species Act prohibits damage or destruction to the habitat of Endangered and Threatened species. When a species becomes listed as Endangered or Threatened in Ontario, it automatically receives general habitat protection and the Ministry of Natural Resources must respond by developing a habitat regulation for it. Habitat regulations provide additional clarity by specifying particular characteristics that define species-specific habitat, such as physical boundaries and key features.

For Endangered species the ministry has two years after a species is listed to develop a habitat regulation for the species. For Threatened species the deadline is three years after a government response statement is published for that species. Once a habitat regulation is finalized for a species, it replaces general habitat protection for the species.

 

Understanding general and regulated habitat

Under the Act, general habitat is an area on which a species depends, directly or indirectly, to carry out its life processes. This includes places that are used by the species as dens, nests, hibernacula or other residences. It doesn’t include areas where the species previously occurred or may be reintroduced in the future. The Endangered Species Act provides general habitat protection automatically to any species once it becomes listed as Endangered or Threatened.

Regulated habitat is the area of species-specific habitat as defined by a regulation under the act. It provides a more precise definition of a species’ habitat and may describe features (e.g., a creek, cliff, or beach), geographic boundaries or other unique characteristics.

Regulated habitat may be smaller or larger than general habitat and may include areas currently unoccupied by the species. These areas may have been previously occupied or will potentially be re-occupied in the future.

Habitat regulation is species-specific and once developed and finalized, it replaces general habitat protection.

 

Have your say

You can find current notices about all proposed actions and activities related to species at risk protection and recovery. We want to hear what you think.

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Your proposed activity and habitat protection

Not every activity that occurs within or near protected habitat will damage or destroy that habitat. A number of factors help to determine if a proposed activity will potentially damage or destroy the habitat, which include answering the following three questions:

• What are the activity details?
• Which parts of habitat are likely to be altered by the activity?
• How will habitat changes affect the species’ ability to carry out its life processes?

 

What is habitat categorization?

The ministry categorizes habitat to help identify to which parts of its habitat species may be able to tolerate more or fewer changes. Habitat is categorized by considering how a species uses its habitat and taking into account any unique characteristics of that habitat. Areas in a species’ habitat fall into one of three categories that reflect how tolerant that area of habitat is to change before its usefulness for the species is compromised.

 

What do damage and destroy mean?

Damaging habitat is when an activity changes habitat in ways that impair its usefulness for supporting one or more of the species’ life processes.

Destroying habitat is when an activity changes habitat in ways that eliminate its usefulness for supporting one or more of the species’ life processes.

Category 1: Red These are areas of habitat where a species will probably be least tolerant to changes. Activities that could alter category 1 habitat areas will likely damage and destroy them, so they usually require authorization to continue. E.g., nesting and hibernation sites.

Category 2: Orange These are areas of habitat where a species is believed to be moderately tolerant to changes. Relatively high-impact or large-scale activities that could alter category 2 habitat areas could damage and destroy them, so they usually require authorization to continue. E.g., areas used daily to find food.

Category 3: Yellow These are areas of habitat where a species is believed to be the most tolerant to changes. Some high-impact or large-scale activities that could alter category 3 habitat areas could damage and destroy them, so they usually require authorization to continue. E.g., areas used occasionally to find food.