[36] Bill 11 Original (PDF)
B011_E
Bill 11 1998
An Act to revise the
Endangered Species Act
and to protect Threatened
and Vulnerable Species
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Purpose of Act
1. The purpose of this Act is to promote the scientific identification, assessment, conservation, protection, management, restoration, reintroduction and rehabilitation of endangered, threatened and vulnerable species and their habitats in Ontario, and to assist the federal government in carrying out its mandate for the conservation of fish and migratory birds.
Definitions
2. In this Act,
"
animal" means a mammal, bird, amphibian, reptile or invertebrate at any stage of its biological development and includes any part of any of them; ("animal")
"
plant" includes any stage in the biological development of a plant, fungus or lichen, alive or dead, and any parts or products of plants, and derivatives or goods made from plants; ("végétal")
"
species" includes any subspecies or separate population. ("espèce")
Regulations
3. (1) The Lieutenant Governor in Council may make regulations,
(a) declaring any species of animal or plant to be an endangered species if, on the basis of biological assessment or research, the species is determined to be at risk of extinction by reason of,
(i) the destruction of its habitat or a drastic modification or severe curtailment of its habitat,
(ii) over-exploitation,
(iii) disease,
(iv) predation,
(v) the use of chemicals, or
(vi) any other factor or factors considered relevant;
(b) declaring any species of animal or plant to be a threatened species if, on the basis of biological assessment or research, the species is likely to become an endangered species in the foreseeable future by reason of any of the factors set out in subclauses (a) (i) to (vi);
(c) declaring any species of animal or plant to be a vulnerable species if, on the basis of biological assessment or research, the species is likely to become a threatened species in the foreseeable future by reason of any of the factors set out in subclauses (a) (i) to (vi);
(d) establishing criteria to be used in assessing whether a species should be declared an endangered, threatened or vulnerable species under clause (a), (b) or (c);
(e) prescribing activities or types of activities that jeopardize an endangered, threatened or vulnerable species;
(f) governing the protection, conservation and survival of endangered, threatened or vulnerable species;
(g) governing authorizations for the purposes of sections 8, 11 and 12, the grounds upon which or the circumstances in which an authorization may be issued, renewed, suspended or revoked, the terms and conditions of authorizations, their duration and the fees payable for them;
(h) prescribing requirements for the purposes of subsection 12 (2);
(i) prescribing, for the purposes of subsection 15 (3),
(i) rules for calculating compensation, and
(ii) the manner in which compensation shall be paid.
Time for review
(2) The criteria referred to in clause (1) (d) shall be established within one year after the day on which this Act comes into force.
Regulations may be limited
(3) Any regulation may be limited territorially or as to time or otherwise.
Advisory committee
4. (1) The Minister of Natural Resources may establish an advisory committee to,
(a) review the status of species proposed to be declared endangered, threatened or vulnerable and to advise the Minister on species that should be so declared;
(b) review the status of species declared to be endangered, threatened or vulnerable;
(c) review the progress made in the development and implementation of recovery plans for species declared endangered or threatened;
(d) examine and report to the Minister on any other matter that he or she refers to it.
Review
(2) An advisory committee shall conduct a review under clause (1) (b) at least once every five years.
Status reports
5. (1) A status report shall be prepared on each species proposed to be declared endangered, threatened or vulnerable before any declaration may be made under section 3, but if the Minister is of the opinion that an emergency situation exists with respect to any species, he or she may by order declare a species endangered, threatened or vulnerable without such a report.
Content of report
(2) A status report shall contain information that relates to the criteria for assessment of species established in the regulations.
Time limit
(3) An emergency order under subsection (1) expires on the day that is one year after the day on which it is made.
Recovery plan
6. (1) Upon the declaration of a species as endangered or threatened, the Minister shall prepare and implement a recovery plan for the species.
Same
(2) The recovery plan shall specify the actions to be taken to ensure the long-term survival and conservation of the species.
Order to cease activity
7. The Minister may order any individual or corporation to stop immediately any activity that may be contrary to this Act.
Scientific collection
8. No person shall take a member of an endangered, threatened or vulnerable species for educational or scientific purposes except under the authority of an authorization obtained in accordance with the regulations.
Other measures
9. Despite any other provision of this Act, the Minister may authorize measures necessary to restore, rehabilitate or reintroduce endangered, threatened or vulnerable species or restore or rehabilitate their populations or habitats.
Prohibitions, endangered species
10. (1) No person shall kill, injure, take, interfere with or disturb any endangered species of animal or plant, or attempt to do so.
Same, habitat of endangered species
(2) No person shall destroy, interfere with or disturb the habitat of any endangered species of animal or plant, or attempt to do so.
Prohibitions, threatened species
11. (1) No person shall kill, injure, take, interfere with or disturb any threatened species of animal or plant, or attempt to do so, except under the authority of an authorization obtained in accordance with the regulations.
Same, habitat of threatened species
(2) No person shall destroy, interfere with or disturb the habitat of any threatened species of animal or plant, or attempt to do so, except under the authority of an authorization obtained in accordance with the regulations.
Authorization required, plant species
12. (1) No person shall buy, sell, possess or transport endangered or threatened species of plants except under the authority of an authorization obtained in accordance with the regulations.
Exception
(2) The prohibition in subsection (1) does not apply to a person who buys, sells, possesses or transports cultivated plants if the person meets the requirements prescribed in the regulations.
Duty to conserve, vulnerable species
13. Every person shall take reasonable precautions to conserve vulnerable species of animals and plants and their habitats.
Offences
14. (1) Any person other than a corporation who contravenes this Act or the regulations, or the terms and conditions of an authorization, is guilty of an offence and on conviction is liable to a fine of not more than $100,000 for each day on which the offence occurs or continues, or to imprisonment for a term of not more than two years, or to both.
Same
(2) A corporation that contravenes this Act or the regulations, or the terms and conditions of an authorization, is guilty of an offence and on conviction is liable to a fine of not more than $200,000 for each day on which the offence occurs or continues.
Same
(3) An officer, director or agent of a corporation who directs, authorizes, agrees to, acquiesces in or participates in a contravention of this Act or the regulations, or the terms and conditions of an authorization, is guilty of an offence and on conviction is liable to a fine of not more than $100,000, or to imprisonment for a term of not more than two years, or to both.
Same
(4) The court that convicts a person of an offence under subsection (1), (2) or (3) may, in addition to or as an alternative to any of the penalties set out in those subsections, order the person,
(a) to restore or rehabilitate the habitat of a species declared endangered, threatened or vulnerable, or to restore or reintroduce such species to a site or habitat;
(b) to publish in the manner directed by the court and at their own expense the facts out of which the conviction arose;
(c) to provide security to ensure compliance with an order made pursuant to this subsection;
(d) to compensate the Ministry of Natural Resources, in whole or in part, for the cost of investigating the circumstances giving rise to the conviction, prosecuting the person and taking remedial or preventative action as a result of the contravention, whether taken by the Ministry or on its behalf;
(e) to perform community service on such terms as may be prescribed;
(f) to pay an amount less than or equal to any fine imposed to any private or public body conducting research into endangered, threatened or vulnerable species or their habitat or generally working toward greater protection of such species or their habitat;
(g) to make restitution for damages.
Land agreements
15. (1) The Minister may acquire land or any interest in land, or enter into agreements relating to land management, for the purpose of protecting, managing or restoring species of animals or plants declared by regulation to be endangered, threatened or vulnerable and their habitats.
Registration of agreements
(2) An agreement entered into under subsection (1) may be registered in the proper land registry office and, on registration, the agreement is binding on every subsequent owner or mortgagee of the land during the term of the agreement.
Compensation, land management agreements
(3) When an agreement relating to land management is entered into under subsection (1) but the Minister acquires no interest in the land, the Minister shall pay the owner compensation in accordance with the regulations.
Enforcement
16. A conservation officer and deputy conservation officer appointed under the Game and Fish Act, a member of the Royal Canadian Mounted Police, a police officer or a First Nations Constable appointed under the Police Services Act has, for the purposes of this Act, the powers and duties of an officer under the Game and Fish Act.
Administration of Act
17. The Minister of Natural Resources is responsible for the administration of this Act.
Fish and Wildlife Conservation Act, 1997
18. On the day the Fish and Wildlife Conservation Act, 1997 comes into force, section 16 of this Act is repealed and the following substituted:
Enforcement
16. Each of the following persons has, for the purposes of this Act, the powers and duties of a conservation officer appointed under the Fish and Wildlife Conservation Act, 1997:
1. A conservation officer appointed under that Act.
2. A member of the Royal Canadian Mounted Police.
3. A police officer or a First Nations Constable appointed under the Police Services Act.
Repeal
19. The Endangered Species Act is repealed.
Commencement
20. This Act comes into force on the day it receives Royal Assent.
Short title
21. The short title of this Act is the Endangered, Threatened and Vulnerable Species Act, 1998.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.