18 (1) In this section, “instrument” means an agreement, permit, licence, order, approved plan or other similar document; (“acte”) “regulated activity” means, (a)  an activity authorized by an instrument that is entered into, issued, made or approved under a provision of an Act of Ontario or Canada or a provision of a regulation made under an Act of Ontario or Canada, or (b)  an activity permitted or required under a regulation that is made under an Act of Ontario or Canada. (“activité réglementée”) 2019, c. 9, Sched. 5, s. 16. Authority to carry out regulated activity (2) If a person is authorized, permitted or required to engage in a regulated activity but the regulated activity is prohibited by section 9 or 10 with respect to one or more species that are listed on the Species at Risk in Ontario List as endangered or threatened species, the person may engage in the regulated activity despite section 9 or 10 if, (a)  the regulated activity is prescribed by the regulations made under subsection (3) for the purposes of this section; (b)  the species is prescribed by the regulations made under subsection (3) for the purposes of this section; (c)  the person engages in the regulated activity in accordance with the requirements set out in the regulations made under subsection (3), in addition to complying with the terms and conditions of the instrument or regulation that authorized, permitted or required the regulated activity and that was issued or made under another Act; and (d)  the person pays to the Agency any species conservation charge that may be required by the regulations made under subsection (3). 2019, c. 9, Sched. 5, s. 16. Regulations (3) The Minister may make regulations, (a)  prescribing regulated activities for the purposes of this section; (b)  prescribing species listed on the Species at Risk in Ontario List as endangered or threatened species for the purposes of this section; (c)  governing requirements or processes that must be followed by persons who are authorized, permitted or required to carry out the prescribed regulated activities under instruments or regulations, including, (i)  limiting or restricting the manner in which the persons carry out the regulated activity and requiring that they not perform some of the acts that are prohibited under subsection 9 (1) or 10 (1) while carrying out the activity, or (ii)  requiring the persons to, (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 (C)  take reasonable steps to minimize the adverse effects of the regulated activity on the species referred to in clause (b); (d)  requiring persons who are authorized under this section to engage in prescribed regulated activities that would otherwise have been prohibited under section 9 or 10 with respect to a conservation fund species, to pay a species conservation charge to the Agency; (e)  prescribing circumstances in which a species conservation charge may be required of a person under clause (d) and the circumstances in which a species conservation charge may not be required. 2019, c. 9, Sched. 5, s. 16. Same (4) The Minister may make a regulation prescribing a regulated activity for the purposes of this section and prescribing species listed on the Species at Risk in Ontario List for the purposes of this section only if, in the Minister’s opinion, (a)  the regulated activity will not jeopardize the survival of any of the prescribed species or have any other significant adverse effect on those species; (b)  there is a requirement, whether under the Act or regulation under which the regulated activity is authorized, permitted or required, or under a regulation made under subsection (3), that reasonable alternatives be considered before engaging in the regulated activity, including alternatives that would not adversely affect the prescribed species; and (c)  there is a requirement, whether under the Act or regulation under which the regulated activity is authorized, permitted or required, under a regulation made under subsection (3) or under the instrument authorizing the regulated activity, that, (i)  a benefit that will assist with the protection or recovery of the prescribed species be achieved, where reasonable, and (ii)  reasonable steps be taken to minimize adverse effects on the prescribed species. 2019, c. 9, Sched. 5, s. 16. Considerations (5) Before making a regulation under subsection (3) prescribing a species listed on the Species at Risk in Ontario List for the purposes of this section, the Minister shall consider any government response statement that has been published under section 12.1 in respect of the species. 2019, c. 9, Sched. 5, s. 16. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 16 - 01/07/2019