Invasive Species Act, 2014 Orazietti, Hon. David Minister of Natural Resources — Bill 167 (40th Parliament, 2nd Session)

Bill 167, 40-2

Ontario — Bills

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Bill 167, Invasive Species Act, 2014

Orazietti, Hon. David Minister of Natural Resources

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[40] Bill 167 Original (PDF)

Bill 167 2014

Act respecting Invasive Species

CONTENTS

Interpretation

Definitions

Interpretation

Identification

of Invasive Species and Carriers

Application

of Act

Regulations

re: invasive species

Temporary

designation of invasive species

Regulations

re: carriers

Prohibited

Activities

Prohibitions,

significant threat invasive species

Prohibitions,

moderate threat invasive species

Exception,

regulations

Authorizations

and Agreements

Authorizations

Reconsideration

of amendment or revocation of authorization

Agreements

Special

Preventive Measures

Prevention

and response plans

Invasive

species control areas

Inspections

Inspectors,

appointment

Surveys

for purposes of detection, etc.

Inspection

to determine compliance

Stopping

conveyances to inspect

Special

powers used in invaded places

Assisting

inspector

Obstruction

of inspector

Inspectors'

Orders

Order

re: unknown invasive species

Declaration

of invaded place

Amendment

or revocation of orders

Compliance

orders

Review

of inspector's orders

Actions

by Minister

Actions

to control or eradicate invasive species

Actions

as a result of non-compliance

Compensation

Crown

debt

Enforcement

Enforcement

officers

warrants re: offences

Warrant

to conduct tests

Production

orders

Seizure

and forfeiture

Arrest

without warrant

Necessary

force

Exemptions

from Act, enforcement officers

Obstruction

of enforcement officer

Offences

and Penalties

Offences

Corporations

Employers

and principals

Defence

Penalties

Order

re: other penalties

Presiding

judge

Limitation

period

Proof

of inspected or seized things

Miscellaneous

Service

Fees

Personal

information

False

information

Non-application

of Crown Forest Sustainability Act, 1994

Protection

from personal liability

Delegations

Regulations

Regulations,

general

Commencement

and

Short Title

Commencement

Short

title

______________

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Interpretation

Definitions

1. In this Act,

"boat"

includes a motorboat, rowboat, canoe, punt, sailboat or raft; ("bateau")

"carrier" means a plant, animal, organism, conveyance or

other thing that is prescribed as a carrier under

section 6; ("vecteur")

"conveyance" means a vehicle, boat or aircraft; ("moyen

de transport")

"designated invasive species" means an invasive species

designated by the Minister under

section 5 as an invasive species to which this

Act applies; ("espèce envahissante désignée")

"enforcement officer" means an enforcement officer appointed

or designated under

section 31; ("agent d'exécution")

"harm to the natural environment" includes any adverse

effect to biodiversity or ecological processes or to natural resources and

their use; ("préjudice causé à l'environnement naturel")

"inspector" means an inspector appointed or designated

under

section 15; ("inspecteur")

"invaded place" means a place that is declared as an

invaded place by order of an inspector under

section 23; ("endroit infesté")

"invasive species" means a species that is not native to

Ontario, or to a part of Ontario, and,

(

a) is

harming the natural environment of Ontario or of the part of Ontario in which

it is present, or

(

b) is

likely to harm the natural environment of Ontario or of a part of Ontario,

regardless of whether it is present in Ontario or in a part of Ontario; ("espèce

envahissante")

"invasive species control area" means an area designated as

an invasive species control area under

section 14; ("zone de lutte contre une

espèce envahissante")

"justice" has the same meaning as in the Provincial Offences Act ; ("juge")

"Minister" means the Minister of Natural Resources or

such other member of the Executive Council as may be assigned the

administration of this Act under the Executive Council Act ;

("ministre")

"Ministry" means the Ministry of the Minister; ("ministère")

"moderate threat invasive species" means an invasive

species that is classified as a moderate threat invasive species by regulation

made under

section 4; ("espèce envahissante constituant une menace moyenne")

"prescribed" means prescribed by regulation; ("prescrit")

"regulation" means the regulations made under this Act; ("règlement")

"significant threat invasive species" means an invasive

species that is classified as a significant threat invasive species by

regulation made under

section 4; ("espèce envahissante constituant une menace

importante")

"species" means a species or subspecies of animal, plant

or other organism, including bacteria or viruses, that may or may not be native

to Ontario; ("espèce")

"vehicle" means any kind of vehicle that is driven,

propelled or drawn on land or ice by any kind of power, including muscular

power, and includes the rolling stock of a railway. ("véhicule")

Interpretation

2. A reference to a species includes,

(

a) a

reference to members of the species whether they are alive or dead;

(

b) a

reference to members of the species at any stage of their development; and

(

c) in

the case of a reference to a species other than an animal, a reference to any

part of the species.

Identification of Invasive Species and Carriers

Application

of Act

(1) Unless otherwise indicated in

a provision of this Act or the regulations, this Act applies only with respect

to,

(

a) invasive

species that are prescribed by regulation under

section 4 or designated by the

Minister under

section 5; and

(

b) carriers

that are prescribed by regulation under

section 6.

Similar

species

(2) For the purposes of the application and

enforcement of this Act, a member of a species that is not easily distinguished

from a member of an invasive species to which this Act applies shall be deemed,

in the absence of evidence to the contrary, to be a member of the invasive

species.

Regulations

re: invasive species

(1) The Lieutenant Governor in

Council may make regulations prescribing invasive species as invasive species

to which this Act applies.

Classes

of invasive species

(2) A regulation under subsection (1) shall

classify invasive species according to the level of threat the invasive species

poses to the natural environment in Ontario, as follows:

1. A

moderate threat invasive species.

2. A

significant threat invasive species.

Same

(3) For the purposes of subsection (2), the

level of threat that an invasive species poses to the natural environment in

Ontario depends on a number of considerations including the following:

1. The

species' biological characteristics.

2. The

harm the species has had on the natural environment or is likely to have in the

future.

3. The

dispersal ability of the species.

4. The

social or economic impacts of the species.

Temporary

designation of invasive species

(1) Where the Minister becomes

aware of a threat to Ontario's natural environment posed by an invasive species

that has not been prescribed under

section 4 as an invasive species to which

this Act applies, the Minister may make an order designating the invasive

species as an invasive species to which this Act applies if, in his or her

opinion,

(

a) based

on the level of threat that the invasive species poses to Ontario's natural

environment, the invasive species would be classified as a significant threat

invasive species if a regulation were made under

section 4 prescribing the

species as an invasive species;

(

b) the

significant threat that the invasive species poses to the natural environment

requires the immediate application of the provisions of this Act and of such

other safeguards as may be specified in the order; and

(

c) delays

required for making a regulation under

section 4 prescribing the invasive species

as an invasive species to which this Act applies would unduly increase the threat

of harm that the invasive species poses to the natural environment in Ontario

or a part of Ontario.

Effect

of order

(2) If an order is made under subsection

(1), the following sections of this Act that apply with respect to significant

threat invasive species shall apply with respect to the designated invasive

species as though it was a significant threat invasive species:

Section

7 (Prohibitions, significant threat invasive species).

Section

23 (Declaration of invaded place).

Section

27 (Actions to control or eradicate invasive species).

What

the order may require

(3) An order designating an invasive

species may,

(

a) prohibit

any activity that is likely to increase the threat of the invasive species to

the natural environment in Ontario or the part of Ontario specified in the

order and that is not otherwise prohibited under

section 7;

(

b) specify

circumstances in which an activity or act prohibited by the order or under this

Act may be carried out; and

(

c) authorize

a person or class of persons specified in the order to carry out any of the

activities or acts prohibited under this Act or in the order, subject to such

conditions as may be specified in the order.

Content

of order

(4) An order designating an invasive

species shall,

(

a) identify

the invasive species being designated and briefly describe the reasons for the

designation;

(

b) specify

whether the order applies to all of Ontario or to a part of Ontario and, if the

latter, describe the part of Ontario to which it applies;

(

c) specify

the time period for which the order is valid; and

(

d) contain

such other information as the Minister considers relevant to the order.

Cessation

of designation

(5) A designation of an invasive species

under subsection (1) ceases to apply on the earlier of the following dates:

1. The

day a regulation is made under

section 4 prescribing the invasive species.

2. The

day specified in the order designating the invasive species.

3. The

second anniversary of the day the order designating the invasive species is

made.

Prohibitions

(6) No person shall engage in an activity

that is prohibited by an order designating an invasive species except in

accordance with the order.

Publication

of order

(7) The Minister shall cause the order to

be published,

(

a) in

a newspaper of general circulation in the area to which the order applies, in a

publication directed at the segment of the population most directly affected or

on a website maintained by the government of Ontario; and

(

b) in

any other manner the Minister considers appropriate.

Amendments

(8) The Minister may amend an order

designating an invasive species to change,

(

a) the

duration of the order;

(

b) the

part of Ontario to which the order applies; and

(

c) anything

described in subsection (3).

Same

(9) An amendment to an order under

subsection (1) shall not extend the duration of the order beyond the two-year

period referred to in paragraph 3 of subsection (5).

Revocation

(10) The Minister may revoke an order made

designating an invasive species if he or she is of the opinion the order is no

longer necessary to reduce or eliminate the threat to the natural environment

posed by the invasive species.

Publication

(11) The Minister shall publish an

amendment or revocation of an order under subsection (1) in accordance with

subsection (7).

Not

a regulation

(12) An order made under this

section is

not a regulation for the purposes of

Part III (Regulations) of

Document details

Collection	Ontario — Bills
Citation	Bill 167, 40-2
Type	bill
Volume / chapter	p40 s2 bill 167 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	be4abc68ead240fa6559d49ba676de43f0bd2789

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