(4) Clause (1) (b) does not apply to possession or transport of a species by the Crown. (8) The holder of a permit issued under this section and the aboriginal persons who are authorized by the permit to engage in an activity that would otherwise be prohibited by section 9 or 10 shall comply with any requirements imposed on them by the permit. 20.3 (1) The following persons shall pay a species conservation charge to the Agency: 1. 5, s. 18 (1). A species shall be classified as an extirpated species if it lives somewhere in the world, lived at one time in the wild in Ontario, but no longer lives in the wild in Ontario. 5, s. 7. 2007, c. 6, s. 29 (3); 2019, c. 9, Sched. 2007, c. 6, s. 54 (2); 2019, c. 9, Sched. 5, s. 18 (1). Perform any other function required under this or any other Act. (4) The Minister shall not enter into an agreement or issue a permit under this section if he or she is of the opinion that the agreement or permit would authorize an activity that would jeopardize the survival or recovery, in Ontario, of the species specified in the agreement or permit. 5, s. 11 (2). 30 (1) A person who is served with an order under section 29 may require a hearing by mailing or delivering to the Minister, within 15 days after service of the order, a written request for a hearing that includes a statement of the reasons for requesting the hearing. (iii)  respecting refunds of charges and authorizing the Agency to pay such refunds out of the Fund; (f)  respecting the contents of a report required under subsection 20.16 (4); (g)  respecting the manner in which reports may be made available to the public for the purposes of section 20.17. (c)  the reasons for the hearing officer’s opinion and recommendations. 2007, c. 6, s. 23 (7). It has since been diluted for convenience and … (2) A review under subsection (1) shall be conducted no later than, (a)  the time specified in the government response statement; or. Such other information as is prescribed by the regulations. (5) The Corporations Act 2007, c. 6, s. 4 (2). (4) Within the first year after of the day the Agency is established by regulation, the Minister may require the Agency to adopt and submit to the Minister a business plan for the implementation of its objects for the remainder of the calendar year and the business plan shall contain the information specified by the Minister. (2) Despite subsection (1), the Minister shall not give directions on, (a)  matters relating to the borrowing of money, the investment of funds or the managing of financial risks; or. 2019, c. 9, Sched. 5, s. 18 (1). 2. (8) If a person is convicted of an offence and a fine is imposed, (a)  a thing seized in connection with the offence and not forfeited to the Crown in right of Ontario under this section shall not be returned until the fine has been paid; and. Since these amendments were proposed in April, tens of thousands of you have taken action by signing petitions, calling MPPs and … (iii)  the desire to give priority to the preparation of recovery strategies or management plans for other species; (c)  provides an estimate of when the preparation of the management plan will be completed. 2007, c. 6, s. 23 (2). 5, s. 2. 4. Outdated browsers lack safety features that keep your information secure, and they can also be slow. Les navigateurs désuets ne disposent pas de caractéristiques sécuritaires permettant d’assurer la sécurité de vos renseignements. 2019, c. 9, Sched. (c)  sets out the date by which COSSARO is required to submit a second report to the Minister under section 6 which shall either confirm the classification of the species in the first report or reclassify the species. A person who is exempted from all or some of the prohibitions in subsection 9 (1) or 10 (1) by the regulations made under clause 55 (1) (b) and is required to pay the charge as a condition of the exemption set out in the regulations. The Minister is of the opinion that the proposed regulation will not result in the species no longer living in the wild in Ontario. Consolidation Period: From July 21, 2020 to the e-Laws currency date. (3) The Auditor General may also audit the financial statements of the Agency. 2019, c. 9, Sched. 5, s. 16. 25 (1) On application without notice, a justice may issue a warrant authorizing an enforcement officer to use any investigative technique or procedure or to do any thing described in the warrant if the justice is satisfied by information under oath that there are reasonable grounds to believe that an offence under this Act has been or is being committed and that evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing. 2019, c. 9, Sched. 2007, c. 6, s. 20 (12). (a)  set out the amendments that the Minister intends to make to the permit, or state that the Minister intends to revoke the permit, as the case may be; (b)  set out the Minister’s reasons for amending or revoking the permit; and. Risk of imminent extinction or extirpation. (2) A strategy prepared for a species under subsection (1) shall include the following: 1. (10) A person shall, during an inspection under this section, provide information requested by the enforcement officer that is relevant to the inspection. 2007, c. 6, s. 26 (9). (ii)  is necessary for the protection of human health or safety. 5, s. 30. 20.9 (1) If the Minister considers it advisable in the public interest to do so, the Minister may issue directions to the Agency relating to the governance and administration of the Agency or the administration or management of the Fund. (5) If any thing is left in the custody of an occupant under subsection (4), the occupant shall safeguard the thing until. 2019, c. 9, Sched. 2007, c. 6, s. 16 (2); 2019, c. 9, Sched. 2007, c. 6, s. 30 (2). (2) The Agency shall apply its revenues to carry out its objects and duties and for no other purpose. (5) An order under subsection (1) shall provide that the period of suspension, (a)  begins immediately upon the species being listed on the Species at Risk in Ontario List as endangered or threatened, as the case may be; and. (5) A person who is served with a notice under subsection (3) may require a hearing by mailing or delivering to the Minister, within 15 days after service of the notice, a written request for a hearing that includes a statement of the reasons for requesting the hearing. 2019, c. 9, Sched. (11) Despite any order under Part VIII of the Provincial Offences Act, any live animal, plant or other organism that is seized is forfeited to the Crown in right of Ontario if, in the opinion of the person who has custody of it, it cannot properly be maintained in custody. 14 A recovery strategy or management plan may be prepared under section 11 or 12 for more than one species, whether or not the species are part of the same ecosystem. (A)  take actions to achieve a benefit that will assist with the protection or recovery of the species referred to in clause (b), (B)  consider reasonable alternatives to the regulated activity before engaging in that activity, including alternatives that would not adversely affect a species referred to in clause (b), and. (e)  any provision of the regulations. 2007, c. 6, s. 24 (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. (b)  the justice may order that any other thing seized in connection with the offence be forfeited to the Crown in right of Ontario. (d)  other activities to assist in the protection or recovery of species. 2007, c. 6, s. 38. 5, s. 15 (4). Timeline: May 2007: ESA is passed with broad support from the province’s major political parties and environmental organizations. 2019, c. 9, Sched. (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. 15 (3). 38 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that, (a)  the offence was committed without the knowledge of the defendant; and. (6) Subsections (1) to (5) do not prevent an enforcement officer from obtaining a search warrant under Part VIII of the Provincial Offences Act. Pour avoir une meilleure expérience, vous devez : You are using an outdated browser that is no longer supported by Ontario.ca. 43 A prosecution for an offence under this Act shall not be commenced more than five years after the offence was committed. In Ontario, our native species are a vital component of our precious natural heritage. 21 The Minister may appoint persons or classes of persons as enforcement officers for the purposes of this Act. (3) If COSSARO has reported to the Minister its classification of a species as an extirpated, endangered, threatened or special concern species but the Species at Risk in Ontario List has not yet been amended in accordance with section 7 to reflect the classification, the Minister, if of the opinion that credible scientific information indicates that the classification may not be appropriate, may require COSSARO to. (3) An enforcement officer shall deliver any thing that he or she seizes to a person authorized by the Minister for safekeeping. 2019, c. 9, Sched. 5, s. 6 (2). 5, s. 18 (1). 2007, c. 6, s. 26 (13). 5, s. 18 (1). (Canada). (a)  states that the Minister is of the opinion that additional time is required to prepare the strategy because of, (ii)  the desire to prepare the strategy in co-operation with one or more other jurisdictions, or. apply, with necessary modifications, to the hearing. (b)  entry has been refused or is likely to be refused. 2007, c. 6, s. 41 (1). 5. (b)  act as an in-house lobbyist within the meaning of subsection 5 (7) or 6 (5) of the Lobbyist Registration Act, 1998. 5, s. 18 (1). (a)  has been obtained by the commission of an offence under this Act; (b)  has been used in the commission of an offence under this Act; (c)  will afford evidence of the commission of an offence under this Act; or. Recommendations to the Minister and other persons on. 2007, c. 6, s. 22. 2019, c. 9, Sched. 2019, c. 9, Sched. 2019, c. 9, Sched. 2019, c. 9, Sched. But let’s take a step back to a time when the Endangered Species Act was a cause for celebration, not the centre of a bitter legal dispute. 2007, c. 6, s. 26 (5). 5, s. 18 (1). (2) A person shall not buy, sell, lease, trade or offer to buy, sell, lease or trade a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or anything derived from a living or dead animal, plant or other organism, that has been transported into Ontario if, under a law that is described in subsection (3), the purchase, sale, lease or trade would not be permitted in the jurisdiction from which the animal, plant or other organism was originally exported. 42 The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a prosecution for an offence under this Act. (3) The Agency shall make each business plan available to the public on a website maintained by the Agency in accordance with the operating agreement. (3) The Agency shall determine eligibility for funding of activities in a manner that is consistent with the guidelines established by the Minister and published under subsection (5). More than 200 species of plants and animals are at risk of disappearing from Ontario. 5, s. 5 (3). 5, s. 18 (1). Regulations by the Lieutenant Governor in Council. An order prohibiting the person from engaging in the activity except in accordance with directions set out in the order. 2019, c. 9, Sched. 2007, c. 6, s. 33. 5, s. 18 (1). 5, s. 18 (1). 2007, c. 6, s. 16 (1). 2019, c. 9, Sched. 2007, c. 6, s. 34. The CFSA forest management framework seeks to minimize adverse effects on ecological, economic and social values and conserve biodiversity, this includes minimizing adverse effects on species at risk. An order to take such other steps as are specified in the order to comply with this Act. (iv)  the benefits from the beneficial actions that would be achieved in respect of the benefiting species outweigh the adverse effects of the activities affecting the impacted species. The provincial government carries out further examinations to identify the relevant habitat for the affected species. (a)  receive all money from sources listed in subsection 20.2 (1) and deposit it into the Fund; (b)  determine which activities are eligible for funding from the Fund; (c)  enter into funding agreements with persons to ensure that the funded activities are carried out in accordance with the purpose of the Fund; (d)  administer and manage the money in the Fund; (e)  pay money out of the Fund in accordance with the purpose of the Fund, section 20.7, the guidelines established by the Minister under section 20.8, section 20.10 and the regulations; and. 2019, c. 9, Sched. 2007, c. 6, s. 17 (5); 2019, c. 9, Sched. 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. Provide advice to the Minister on any matter submitted to COSSARO by the Minister. 2019, c. 9, Sched. (b)  the person arrested, if released, will not respond to a summons or offence notice or will not appear in court. 2019, c. 9, Sched. Ontario’s Endangered Species Act (ESA) was implemented in 2008 and is crucial for the protection of species at risk. 2019, c. 9, Sched. (Lespedeza virginica), Small White Lady’s-slipper (Cypripedium candidum), Small Whorled Pogonia (Isotria medeoloides), Spotted Wintergreen (Chimaphila maculata), Virginia Goat’s-rue (Tephrosia virginiana), Western Silvery Aster (Symphyotrichum sericeum), Northern Dusky Salamander (Desmognathus fuscus), Lake Erie Watersnake (Nerodia sipedon insularum), American White Pelican (Pelecanus erythrorhynchos), Kirtland’s Warbler (Dendroica kirtlandii), Prothonotary Warbler (Protonotaria citrea). (4) A notice served by registered mail shall be deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice until a later date. Any provision of a permit issued under section 17 or 19. (ii)  any part of a living or dead member of a species referred to in subclause (i), (iii)  anything derived from a living or dead member of a species referred to in subclause (i); or. 2019, c. 9, Sched. 5, s. 18 (1). 20.7 (1) Subject to subsection (2), the Agency may make payments out of the Fund to a person who wishes to carry out an activity only if, (a)  the purpose of the activity is consistent with the purpose of the Fund; and. 2007, c. 6, s. 23 (6). 34 The Minister may, for the purpose of investigations and other law enforcement activities under this Act, exempt an enforcement officer from the application of any provision of this Act, subject to such conditions as the Minister considers necessary. 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