Endangered, Threatened and Vulnerable Species Act, 1998 Wildman, Charles "Bud" Jackson — Bill 11 (36th Parliament, 2nd Session)

Bill 11, 36-2

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Bill 11, Endangered, Threatened and Vulnerable Species Act, 1998

Wildman, Charles "Bud" Jackson

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[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

(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

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

(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

(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

(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

(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

(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

(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

(1) Any person other than a corporation who

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

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

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

(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.

Date Bill stage Activity Committee

April 30, 1998

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 11, 36-2
Type	bill
Volume / chapter	p36 s2 bill 11 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0d4e46e7f528143d8efe627807205f4ca41d79da

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