How to register an activity, get a permit or other authorization to conduct an activity that could impact an endangered or threatened species at risk or its habitat.
More than 200 species of plants and animals are at risk of disappearing from Ontario.
The Endangered Species Act, 2007 provides:
The government protects species at risk through:
When you carry out an activity, it may not be possible for you to avoid impacting species and their habitat. The ESA provides for authorizations (such as permits and agreements) and conditional exemptions, which allow these activities to proceed as long as you follow certain protective requirements. These conditions are aimed at protecting and recovering species at risk.
These authorizations and conditional exemptions are intended to ensure that Ontario’s businesses and residents continue to prosper while protecting and recovering the province’s species at risk.
If you can work around protected species and habitats so that they are not adversely affected, you won't need an authorization or a conditional exemption for your activity.
The ESA contains provisions that allow us to issue a permit to a person, company or organization carrying out an activity that will adversely impact species and/or their habitat.
Permits may only be issued under certain circumstances and may contain conditions. The authorization provided by a permit only applies if the conditions included in the permit are followed. Conditions in a permit can include:
The ESA provides for authorizations to be issued by way of an agreement. Like permits, agreements may contain conditions. The authorization provided by an agreement only applies if the conditions included in the agreement are followed. Conditions in an agreement can include:
The ESA lets us create exemptions for activities that would otherwise be prohibited under the general prohibitions against adversely effecting species (listed on the Species at Risk in Ontario (SARO) list.)
These regulatory exemptions may include conditions. Regulatory exemptions only apply if these conditions are met. Conditions in a conditional exemption can include:
Regulations made under the Endangered Species Act, 2007 that contain conditional exemptions set out specific eligibility requirements and conditions that must be met for the exemption to apply. Some conditional exemptions require you to register with the ministry as a condition of receiving the exemption.
Permits, agreements and exemptions may only be issued under certain circumstances and may contain conditions. Conditions can include:
The ministry provides information about the process to get a permit or agreement. We conduct a technical review of applications to assess your proposed activities against the requirements for permits and agreements.
During the application process, we may provide:
Other permissions, approvals or authorizations may be needed from landowners, agencies or different levels of government (for example, a conservation authority, municipality, another ministry or the federal government). Other authorizations may also be needed from the Ministry of the Environment, Conservation and Parks.
Contact other landowners and authorities early in the process to identify any requirements. It is your responsibility to ensure that you have all other permissions, approvals and authorizations before starting your activity.
Section 9 of the Endangered Species Act, 2007 ( ESA ) prohibits:
If the activity you are planning might be prohibited under the ESA , you may need to:
Authorizations you get from other agencies do not limit the application of the ESA to your proposed activity.
A permit authorizes a person to perform an activity that is normally prohibited by the ESA .
Permits may include conditions. The authorization granted by the permit only applies if you meet the conditions of the permit.
The Minister of the Environment, Conservation and Parks must consider government response statements (if one exists) for each species at risk that may be affected by the activity before issuing a permit under the ESA .
The minister can change or cancel your permit with your consent. In some circumstances, your permit can also be changed or cancelled without your consent:
There are 5 types of permits issued under the Endangered Species Act, 2007 :
A situation may arise that involves actions necessary to address a risk to human health or safety.
If you need to take action to protect human health or safety, you may need a health or safety permit under the ESA .
Note that the minister must be of the opinion that the activity is necessary for the protection of human health or safety.
Some examples of activities that may require a health or safety permit include:
If the main purpose of your activity is to help a species at risk or its habitat, but your activity may be otherwise prohibited under the ESA , you may need a protection or recovery permit.
Some examples of activities that require a protection or recovery permit include:
The minister may issue an overall benefit permit for activities that are otherwise prohibited by the ESA and not carried out to assist in protecting or recovering a species.
These permits are sometimes issued for activities like:
The minister may issue a permit to authorize an activity that is otherwise prohibited by the ESA that will result in a significant social or economic benefit to Ontario.
Before issuing this type of permit, the minister must be satisfied that:
An example of an activity that could be authorized through a social or economic benefit permit could be constructing an international crossing that increases trade and investment between the countries, creates thousands of construction jobs in Ontario and increases border crossing capacity
The minister may issue a permit to a band (as defined in the federal Indian Act ), a tribal council, or an organization that represents a territorially based Aboriginal community for activities that are otherwise prohibited under the ESA .
A permit may only be issued if the minister believes that the activity will not jeopardize the survival or recovery of the species at risk in Ontario.
These permits may contain conditions that must be followed in order for the activity to be authorized, and the minister must consider a government response statement, if one exists, for each species at risk that may be affected.
First, determine whether any protected species at risk or their habitat exist, or are likely to exist, within or near your activity location. Then determine whether your activity is likely to contravene the prohibitions in sections 9 or 10 of the ESA .
If you think you need a permit you should:
Our technical staff will review the IGF to:
After you complete the IGF you must complete and submit:
We will review these forms to determine if we will issue a permit or agreement.
The Endangered Species Act, 2007 also authorizes the minister to enter into agreements.
Agreements may include conditions. The authorization granted by the agreement only applies if conditions to the agreement are met. The minister must also consider government response statements, if one exists, for each species at risk that may be affected by the activity before entering into an agreement.
There are three types of agreements:
A stewardship agreement authorizes activities that are otherwise prohibited under the ESA which assist in the protection or recovery of a species listed on the Species at Risk in Ontario list.
Some examples of activities that may be eligible for a stewardship agreement include:
A landscape agreement authorizes multiple activities throughout a geographic area of Ontario otherwise prohibited under the ESA .
The minister may enter into an agreement for an activity that would otherwise be prohibited by the ESA with:
The ministry cannot enter an agreement with the above listed entities if the activity would jeopardize the survival or recovery of the potentially impacted species in Ontario.
Two regulations under the Endangered Species Act, 2007 ( ESA ) provide conditional exemptions for certain activities and species that would otherwise be prohibited under the ESA . These include:
You are required to ensure you meet the eligibility criteria, and in most cases, to submit a notice form to register the activity with the ministry before you commence the activity. Activities that require registration include:
For further information contact SAROntario@ontario.ca