5, s. 4. 5, 10 (2). The Ontario government is currently undertaking a review of the Endangered Species Act to improve protections for species at risk, consider modern and innovative approaches to achieve positive outcomes for species at risk, as well as to look for ways to streamline approvals and provide clarity to support economic development. Our staff can't provide legal advice, interpret the law or conduct research. En savoir plus sur les navigateurs que nous supportons. S.o. 16 (1) The Minister may enter into agreements for the purpose of assisting in the protection or recovery of a species specified in the agreement that is listed on the Species at Risk in Ontario List. (6) The Minister may issue policy statements governing the form and content of landscape agreements. Global action is required. Register or get a permit For activity that could affect endangered or threatened plant or animal and their habitat. (3) COSSARO shall ensure that the Minister is provided with up to date copies of the criteria referred to in paragraph 1 of subsection (1) and the list referred to in paragraph 2 of subsection (1). 43 A prosecution for an offence under this Act shall not be commenced more than five years after the offence was committed. 2007, c. 6, s. 40 (3). (a)  in the case of a first offence under this Act, (i)  to a fine of not more than $1,000,000, in the case of a corporation, or, (ii)  to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person; and. 2019, c. 9, Sched. In February, we raised the alarm that the Endangered Species Act (ESA) appeared to be the next environmental law in the Ontario government’s anti-environmental cross hairs. 2019, c. 9, Sched. 5, s. 8 (2). A person engaged in an activity under an agreement that was entered into under subsection 16 (1), 16.1 (3) or 19 (1) before the species is so listed. (ii)  the activity is not consistent with the actions described in subclause (i) but, according to the guidelines issued by the Minister under section 20.8, the activity is eligible to receive funding from the Fund. 2007, c. 6, s. 20 (12). (4) The Agency shall comply with any directions issued by the Minister within the time specified in the direction. Species at Risk Act, 2002 threateneD Threatened species live in the wild in Ontario, are not endangered, but are likely to become endangered if steps are not taken to address factors threatening them. Information that could lead to contravention. (1.3) Without limiting the generality of subsection (1.2), a regulation under that subsection may. (ii)  Repealed: 2019, c. 9, Sched. 5, s. 23. (b)  an activity permitted or required under a regulation that is made under an Act of Ontario or Canada. 3. 2007, c. 6, s. 7 (4); 2019, c. 9, Sched. 2019, c. 9, Sched. (viii)  respecting the Agency’s authority to engage in commercial activities, including activities with persons or entities that are related to the Agency, a member of its board of directors or to any of its officers. (b)  the Ministry official shall, not later than 12 months after the day the second report is received from COSSARO in accordance with clause (3) (b), make and file an amendment to the Species at Risk in Ontario List so that it accurately reflects information relating to the species contained in the second report. (2) The order may include any one or more of the following orders: 1. Accéder aux paramètres de votre navigateur. (b)  any provision of an agreement entered into under section 16, 16.1 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10; (c)  any provision of a permit issued under section 17 or 19; (d)  any provision of an order made under section 27, 27.1, 28 or 41; or. 5, s. 17 (1). You may need an overall benefit permit to perform an activity that is not otherwise allowed under the Endangered Species Act. 2019, c. 9, Sched. 4. 57 (1) Before a regulation is made under subsection 9 (1.2), clause 55 (1) (b), subsection 55 (3) or clause 56 (1) (a) that would apply to a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, the Minister shall consider whether the proposed regulation is likely to jeopardize the survival of the species in Ontario or to have any other significant adverse effect on the species. A person who is required to do so under an agreement entered into under subsection 19 (1) or a permit issued under subsection 19 (3). 2019, c. 9, Sched. 4. and the Corporations Information Act do not apply to the Agency, except as provided by the regulations. (iv)  respecting the Agency’s ability to hire or employ persons or providing that employees may be appointed under Part III of the Public Service of Ontario Act, 2006. (a)  the preservation and rehabilitation of habitat, and the enhancement of other areas so that they can become habitat; (b)  the implementation of recovery strategies and management plans; (c)  public education and outreach programs relating to stewardship; and. (1.4) Before a regulation is made under subsection (1.2), the Minister shall consider any government response statement that has been published under section 12.1 with respect to any species affected by the regulation. (b)  in the case of a second or subsequent offence under this Act, (i)  to a fine of not more than $2,000,000, in the case of a corporation, or. 5, s. 18 (1). (5)-(8) Repealed: 2019, c. 9, Sched. 2007, c. 6, s. 5 (1). (a)  identify the species to which it relates; (b)  specify the prohibitions in subsections 9 (1) and 10 (1), the application of which will be suspended under the order; (c)  set out the date on which the suspension of the specified prohibitions will end, subject to subsection (5); and. (iii)  respecting the Agency’s role as agent of the Crown, providing for circumstances in which the Agency may act outside of its role as Crown agent and limiting its powers as Crown agent. 5, s. 5 (1). 2019, c. 9, Sched. (4) The activities that are prescribed by the regulations are not eligible to receive funding from the Fund. 5, s. 18 (1). (“redevance pour la conservation des espèces”) 2007, c. 6, s. 2 (1); 2019, c. 9, Sched. 52 Nothing in this Act requires the Minister to make information available to the public or otherwise disclose information if doing so could reasonably be expected to lead to a contravention of section 9 or 10. 2007, c. 6, s. 49 (2). (c)  the Minister is of the opinion that the species meets at least one of the following criteria: (i)  the species is broadly distributed in the wild in Ontario. (3) A species conservation charge shall not be required of a person under this Act unless the person is authorized under an agreement, permit or regulation referred to in subsection (1) to do something that would otherwise have been prohibited under section 9 or 10 with respect to a conservation fund species. (10) Sections 5.1, 5.2, 6 to 15.1, 16, 21, 21.1, 22 and 23 of the Statutory Powers Procedure Act 2007, c. 6, s. 20 (4). (c)  the reasons for the hearing officer’s opinion and recommendations. 5, s. 18 (1). Submit reports to the Minister in accordance with this Act. ii. 2007, c. 6, s. 49 (3). 5, s. 30. vi. 5, 10 (3). 2019, c. 9, Sched. 5, 10 (5). In an update to its forestry strategy released in December, the provincial government announced plans to make that permanent. 4. 2019, c. 9, Sched. (2) A government response statement shall be published on a website maintained by the Government of Ontario. (5) The Minister shall publish the guidelines on a website maintained by the Government of Ontario and the Agency shall publish the guidelines on a website maintained by the Agency. (a)  the regulated activity is prescribed by the regulations made under subsection (3) for the purposes of this section; (b)  the species is prescribed by the regulations made under subsection (3) for the purposes of this section; (c)  the person engages in the regulated activity in accordance with the requirements set out in the regulations made under subsection (3), in addition to complying with the terms and conditions of the instrument or regulation that authorized, permitted or required the regulated activity and that was issued or made under another Act; and. 2007, c. 6, s. 26 (16). 59-62. 5, s. 28 (1, 2). An order requiring the person to stop engaging in or not to engage in the activity. (10) A person shall, during an inspection under this section, provide information requested by the enforcement officer that is relevant to the inspection. Any provision of a permit issued under section 17 or 19. 2007, c. 6, s. 8 (5). 56 (1) Subject to section 57, the Minister may make regulations. 5, s. 6 (1). 2007, c. 6, s. 30 (9). (2) If the enforcement officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant. 2019, c. 9, Sched. (3) Subject to the regulations, the Agency is, for all its purposes, an agent of Her Majesty and its powers may be exercised only as an agent of Her Majesty. Preamble Introduction 1. (e)  ask questions that may be relevant to the inspection. 2019, c. 9, Sched. 29 (1) An order under section 27, 27.1 or 28 shall be served personally or by registered mail addressed to the person against whom the order is made at the person’s last known address. 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