��������

ontario regulation 218/18

made under the

Endangered Species Act, 2007

Made: March 27, 2018
Filed: April 6, 2018
Published on e-Laws: April 9, 2018
Printed in The �������� Gazette: April 21, 2018

Amending O. Reg. 242/08

(GENERAL)

1. Section 0.1 of �������� Regulation 242/08 is amended by striking out “June 15, 2016” at the end and substituting “June 2, 2017”.

2. Subsection 1.1 (2) of the Regulation is amended by striking out “Column 2 of item 5” and substituting “Column 2 of item 8”.

3. Subsection 22.1 (1) of the Regulation is amended by striking out “July 1, 2018” and substituting “July 1, 2020”.

4. (1) Paragraph 9 of subsection 23.4 (6) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

(2) Item 7 of the Table to section 23.4 of the Regulation is revoked.

5. Paragraph 5 of subsection 23.5 (3) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

6. Paragraph 5 of subsection 23.8 (3) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

7. (1) The English version of item 6 of the Table to subsection 23.9 (2) of the Regulation is revoked and the following substituted:

��

6.

Vascular Plants

Lowland Toothcup

Rotala ramosior

��

(2) The Table to subsection 23.9 (2) of the Regulation is amended by adding the following items:

��

8.1

Fishes

Spotted Gar

Lepisosteus oculatus

��

. . . . .

��

9.1

Amphibians

Unisexual Ambystoma (Small-mouthed Salamander dependent population)

Ambystoma laterale — texanum

��

(3) The English version of item 10 of the Table to subsection 23.9 (2) of the Regulation is amended by striking out “Grey Fox” in Column 3 and substituting “Gray Fox”.

8. Paragraph 9 of subsection 23.10 (4) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

9. Paragraph 8 of subsection 23.11 (6) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

10. Paragraph 8 of subsection 23.12 (1) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

11. (1) The definition of “effective date” in subsection 23.13 (1) of the Regulation is amended by striking out “and” at the end of subclause (a) (ii) and by adding the following subclause:

(iv) in the case of a 2017-listed species, June 2, 2017, and

(2) The definition of “relevant species” in subsection 23.13 (1) of the Regulation is revoked and the following substituted:

“relevant species” means a transition species, a 2013-listed species, a 2014-listed species, a 2016-listed species or a 2017-listed species; (“espèce concernée”)

(3) Subsection 23.13 (1) of the Regulation is amended by adding the following definition:

“2017-listed species” means those species that were listed on the Species at Risk in �������� List as endangered or threatened species for the first time in 2017 and that are identified in Columns 3 and 4 of Table 5 to this section by their common and scientific names, and belonging to the species grouping referred to in Column 2 of the Table opposite the identified species; (“espèce inscrite en 2017”)

(4)�� Subsection 23.13 (2.1) of the Regulation is amended by striking out “or” at the end of subclause (c) (ii), by adding “or” at the end of subclause (d) (ii) and by adding the following clause:

(e) in the case of a 2017-listed species,

(i) the fifth anniversary of the day the prerequisite action or approval listed in Column 3 of the Table to subsection (2) was completed or obtained, or

(ii) if the prerequisite action or approval was completed or obtained before June 30, 2014, June 30, 2019.

(5) Paragraph 3 of subsection 23.13 (7) of the Regulation is amended by striking out “or” at the end of subparagraph ii, by adding “or” at the end of subparagraph iii and by adding the following subparagraph:

iv. in the case of an activity that may have an adverse effect on a 2017-listed species and that has already commenced April, 6, 2018, promptly after that date.

(6) Paragraph 10 of subsection 23.13 (7) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

(7) Items 10 and 33 of Table 1 to section 23.13 of the Regulation are revoked.

(8) The English version of item 60 of Table 1 to section 23.13 of the Regulation is amended by striking out “Grey Fox” in Column 3 and substituting “Gray Fox”.

(9) Section 23.13 of the Regulation is amended by adding the following Table:

Table 5
2017-listed species

Column 1 Item	Column 2 Species Grouping	Column 3 Common Name	Column 4 Scientific Name
1.	Birds	Louisiana Waterthrush	Parkesia motacilla

��

12. (1) The Table to subsection 23.14 (2) of the Regulation is amended by adding the following item:

��

2.1

Amphibians

Unisexual Ambystoma (Small-mouthed Salamander dependent population)

Ambystoma laterale — texanum

��

(2) Paragraph 8 of subsection 23.14 (5) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

13. (1) The definition of “safe harbour habitat” in subsection 23.16 (1) of the Regulation is amended by striking out “endangered or threatened” and substituting “endangered, threatened or special concern”.

(2) The definition of “safe harbour instrument” in subsection 23.16 (1) of the Regulation is revoked and the following substituted:

“safe harbour instrument” means one of the following instruments:

1. A permit issued under clause 17 (2) (b) or (c) of the Act that includes a condition that safe harbour habitat be created or enhanced for a species listed on the Species at Risk in �������� List as an endangered or threatened species and that meets the requirements of subsection (3).

2. A stewardship agreement entered into under section 16 of the Act that includes a condition that safe harbour habitat be created or enhanced for a species listed on the Species at Risk in �������� List as an endangered, threatened or special concern species and that meets the requirements of subsection (3).

(3) Subsection 23.16 (2) of the Regulation is amended by striking out “endangered or threatened” in the portion before clause (a) and substituting “endangered, threatened or special concern”.

(4) Clause 23.16 (3) (a) of the Regulation is amended by striking out “endangered or threatened” in the portion before subclause (i) and substituting “endangered, threatened or special concern”.

(5) Subparagraph 2 iv of subsection 23.16 (5) of the Regulation is revoked and the following substituted:

iv. the name of the species for which the safe harbour habitat was created or enhanced and the name of every other species that is listed on the Species at Risk in �������� List as an endangered, threatened or special concern species that is likely to be affected by the activity, and

(6) Subparagraph 5 i of subsection 23.16 (5) of the Regulation is amended by striking out the portion before sub-subparagraph 5 i A and substituting the following:

i. a description of the activity and of the effects of the activity on members of,

(7) Subsections 23.16 (9) and (10) of the Regulation are revoked and the following substituted:

(9) Clause (9) (1) (a) of the Act does not apply to a person who kills, harms, harasses, captures or takes a member of a species for which a safe harbour habitat was created or enhanced or a member of any other species that is listed in the Species at Risk in �������� List as an endangered or threatened species if,

(a) pursuant to subsection (4), subsection 10 (1) of the Act does not apply to the damage or destruction of the safe harbour habitat by the person; and

(b) the killing, harming, harassing, capturing or taking occurred while destroying or damaging the safe harbour habitat in the circumstances set out in subsection (4) or while taking steps to minimize adverse effects of the destruction or damaging of the safe harbour habitat on the species for which the safe harbour habitat was created or enhanced or on any other species listed in the Species at Risk in �������� List as an endangered or threatened species.

(10) Clause 9 (1) (b) of the Act does not apply to the possession, collection or transport of a member of a species for which a safe harbour habitat was created or enhanced or a member of any other species that is listed in the Species at Risk in �������� List as an endangered or threatened species if,

(a) pursuant to subsection (9), clause 9 (1) (a) of the Act did not apply with respect to the member of the species; or

(b) the possession, collection or transport of the member of the species is necessary to assist in minimizing the adverse effects on the species.

14. Paragraph 10 of subsection 23.17 (6) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

15. (1) Paragraph 6 of subsection 23.18 (5) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

(2) The Table to subsection 23.18 (8) of the Regulation is amended by adding the following items:

��

10.1	Insects	Hoptree Borer	Prays atomocella
10.2	Insects	Lake Huron Grasshopper	Trimerotropis huronia
10.3	Insects	Nine-Spotted Lady Beetle	Coccinella novemnotata

��

16. Paragraph 9 of subsection 23.20 (4) of the Regulation is amended by striking out “Natural Heritage Information Centre Rare Species Reporting Form” and substituting “�������� Species at Risk Observation Reporting Form”.

Commencement

17. This Regulation comes into force on the day it is filed.

��

��