Incubation of turtle eggs
 23.17.1 (1) In this section, “clutch” means a group of eggs produced at one time by a female turtle that is a member of a threatened turtle species or an endangered turtle species; (“ponte”) “endangered turtle species” means a turtle species listed on the Species at Risk in Ontario List as an endangered species of turtle; (“espèce de tortue en voie de disparition”) “nest zone” means the area bounded by a circle with a radius of one kilometre, the centre of which is the nest where equipment is first used after being disinfected; (“zone de nid”) “threatened turtle species” means a turtle species listed on the Species at Risk in Ontario List as a threatened species of turtle; (“espèce de tortue menacée”) “vulnerable nest” means a nest that contains one or more eggs of a threatened turtle species or an endangered turtle species and that is likely to be damaged or destroyed and includes nests that are, (a) located in an area where regular or planned human activities are likely to harm the eggs or damage or destroy the nest, (b) at a higher risk of predation than would be expected under natural ecological conditions, or (c) under imminent threat of being damaged or destroyed by flooding or other natural phenomena. (“nid vulnérable”) O. Reg. 831/21, s. 15. (2) Subsections (4) and (5) apply with respect to an activity described in subsection (3) if the activity is intended to assist in the protection or recovery of one or more threatened turtle species or endangered turtle species by, (a) incubating eggs of a threatened turtle species or an endangered turtle species and releasing the hatchlings in accordance with the rules set out in subsection (13); and (b) implementing, or supporting or assisting in the implementation of, an action that the Government has identified in a government response statement published by the Minister under subsection 12.1 (1) of the Act. O. Reg. 831/21, s. 15. (3) The following are the activities referred to in subsection (2): 1. Taking one or more eggs of a threatened turtle species or an endangered turtle species from, i. a vulnerable nest for which other measures of protecting eggs, such as installing a nest cage, are not feasible or would not protect the eggs from being harmed, ii. a nest that is accidentally disturbed, iii. a sick or injured member of the species, or iv. a recently deceased member of the species. 2. Possessing one or more eggs from a source described in paragraph 1 or possessing one or more hatchlings from such eggs. O. Reg. 831/21, s. 15. (4) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who, while carrying out an activity described in subsection (3), kills, harms, harasses, captures or takes a member of a threatened turtle species or an endangered turtle species that is the object of the activity, or damages or destroys the habitat of such a species, if the person satisfies the conditions set out in subsection (10). O. Reg. 831/21, s. 15. (5) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who possesses, collects or transports a member of a threatened turtle species or an endangered turtle species if the person satisfies all of the conditions set out in subsection (10). O. Reg. 831/21, s. 15. (6) Despite subsections (2) and (4), subsection (4) does not apply to the intentional killing of a member of a threatened turtle species or an endangered turtle species that occurs during an activity described in subsection (3) unless, (a) the killing is for the purposes of euthanasia in respect of a member that has become ill or accidentally injured as a consequence of the activity with no possibility of survival; and (b) the euthanasia is carried out in accordance with the procedures referred to in subparagraph 5 ii of subsection (11) by a person with expertise in the species who is trained in respect of the procedures and who is acting on the advice of, (i) a member of the College of Veterinarians of Ontario, or (ii) a person employed by the Ministry. O. Reg. 831/21, s. 15. (7) The exemption under subsection (5) does not apply with respect to the possession, collection or transport of all or part of a dead member of a threatened turtle species or endangered turtle species if the member of the species was killed intentionally in circumstances other than those described in clauses (6) (a) and (b). O. Reg. 831/21, s. 15. (8) Despite subsections (2) and (4), if, in any given calendar year, a person takes 100 eggs of an endangered turtle species or 200 eggs of a threatened turtle species while carrying out an activity described in paragraph 1 of subsection (3), the prohibitions in clause 9 (1) (a) and subsection 10 (1) of the Act shall apply with respect to the taking of any further eggs of an endangered turtle species or threatened turtle species, while carrying out the activity described in paragraph 1 of subsection (3), until the end of the calendar year. O. Reg. 831/21, s. 15. (9) Despite subsections (2) and (5), if, at any time, a person possesses 100 eggs of an endangered turtle species, or 200 eggs of a threatened turtle species, that were taken while carrying out an activity described in paragraph 2 of subsection (3), the prohibitions in subclause 9 (1) (b) (i) of the Act shall apply to the person in respect of the possession of any eggs so taken that are in excess of the 100 eggs of an endangered turtle species or 200 eggs of a threatened turtle species that the person already possesses. O. Reg. 831/21, s. 15. (10) The following are the conditions that a person who carries out an activity described in subsection (3) must satisfy for the purposes of subsections (4) and (5): 1. Before commencing the activity, the person must, i. give the Minister notice of the activity by submitting a notice of activity form available on the Registry to the Minister through the Registry, and ii. prepare a mitigation plan in accordance with subsection (11) that sets out the steps that will be taken to, A. minimize the adverse effects of the activity on each threatened turtle species or endangered turtle species that is the object of the activity, and B. monitor the effectiveness of the steps referred to in sub-subparagraph A. 2. The person must ensure that the notice of activity form includes, i. a description of the activity, ii. the proposed start and end dates for the activity, iii. the location at which the activity will be carried out, and iv. the name of each threatened turtle species or endangered turtle species that is the object of the activity. 3. The person must follow the requirements set out in section 23.3 with respect to the completion of the notice of activity form, the keeping of records relating to the notice of activity form and the updating of the information on the Registry. 4. The person must ensure that any eggs of a threatened turtle species or endangered turtle species taken in the course of the activity are taken from a source listed in paragraph 1 of subsection (3). 5. After the mitigation plan is prepared, the person must, i. ensure that the activity is carried out in accordance with the mitigation plan, ii. retain a copy of the mitigation plan for at least five years after the activity is complete, iii. provide a copy of the mitigation plan to the Ministry within 14 days of receiving a request for it, and iv. if the activity occurs over a period of more than five years, ensure that, at least once every five years, the mitigation plan is updated in accordance with subsection (11) to include information obtained while monitoring the effects of the activity under subsection (16). 6. The person must conduct monitoring, prepare and retain records, and submit records and reports in accordance with subsections (16) to (19). 7. If the person or an employee or agent of the person observes a species identified in the notice of activity form in the course of carrying out the activity, the person must ensure that, within three months of the observation, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario is completed, detailing the turtle species and number of individual members that were observed, the date and location of observation and any other information requested on the form. O. Reg. 831/21, s. 15. (11) The mitigation plan referred to in subparagraph 1 ii of subsection (10) and the update of the plan referred to in subparagraph 5 iv of subsection (10) shall be prepared by one or more persons described in subsection (12) and shall include the following information: 1. The name and contact information of the person carrying out the activity. 2. The following information with respect to the activity: i. a description of the activity, including an explanation of its nature and purpose, ii. the proposed start and completion dates of the activity, iii. a description of all of the stages of the activity and a timeline for each stage, and iv. a description of the location of the activity. 3. The identity of each threatened turtle species or endangered turtle species that is the object of the activity and an assessment of the likely effects of the activity on the members of the species. 4. Details of each step that will be taken to minimize the adverse effects of the activity on the members of the species, including the dates on which, and the locations at which, the steps will be taken. 5. The procedures that will be followed relating to the handling and care of a member of a threatened turtle species or an endangered turtle species, including, i. procedures relating to the appropriate treatment that will be provided to a member of the species if it becomes sick or accidentally injured as a result of the activity, and ii. if the procedures referred to in subparagraph i include procedures to be followed by the person when euthanizing members of the species, the procedures for euthanasia. 6. A written opinion prepared by an animal care committee established under subsection 17 (1) of the Animals for Research Act, stating whether the procedures referred to in paragraph 5 provide for the proper handling and care of the species. 7. Details of each step that will be taken to monitor the effects of the activity on each of the threatened turtle species or the endangered turtle species that is the object of the activity and the effectiveness of the steps taken to minimize adverse effects on the species. O. Reg. 831/21, s. 15. (12) The mitigation plan and any update to the plan shall be prepared by one or more persons with expertise in relation to every threatened turtle species or endangered turtle species that is the object of the activity using the best available information on steps that may help minimize or avoid adverse effects on the species, which includes consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available. O. Reg. 831/21, s. 15. (13) The steps required to be set out in the mitigation plan under subparagraph 1 ii of subsection (10) shall include, (a) ensuring that the activity is carried out by or under the supervision of a person with expertise in respect of the activity; (b) before the activity is carried out, providing training with respect to the following subjects to each person who carries out any part of the activity that is likely to adversely affect the threatened turtle species or the endangered turtle species, (i) procedures referred to in paragraph 5 of subsection (11) relating to the handling and care of each threatened turtle species or endangered turtle species that is the object of the activity, and (ii) the steps that must be taken under clauses (c) and (d) to minimize adverse effects on members of the turtle species and its habitat; (c) using the best available information to avoid or minimize adverse effects on the threatened turtle species or the endangered turtle species and their habitat when excavating nests, transporting and incubating eggs, and caring for and transporting hatchlings; and (d) taking all reasonable steps to avoid the spread of diseases to members of a threatened turtle species or an endangered turtle species, including, (i) disinfecting any equipment used in respect of turtle eggs and hatchlings in nests, before using the equipment in a nest that is in a different nest zone, (ii) washing and disinfecting hands or, if wearing gloves, changing gloves when handling turtle eggs or hatchlings from different clutches, (iii) keeping turtle eggs and hatchlings from different clutches in separate containers, (iv) disinfecting any equipment that has come in contact with amphibians or reptiles in captivity before the equipment is used in respect of a member of a threatened turtle species or an endangered turtle species whose possession is authorized under this section, and (v) keeping turtle eggs and hatchlings isolated from amphibians and reptiles other than those whose possession is authorized under this section. O. Reg. 831/21, s. 15. (14) Subject to subsection (15), the following are the rules that apply to the release of hatchlings resulting from the incubation of the eggs of a threatened turtle species or an endangered turtle species in the course of an activity described in subsection (3): 1. If one or more eggs were taken from a vulnerable nest or a nest that has been accidentally disturbed, the hatchlings shall be released in an aquatic habitat that is suitable and safe for the turtle species, that is as close as possible to the location from which the eggs were taken, and, in any event, that is no more than one kilometre from that location. 2. If one or more eggs were taken from a sick, injured or dead turtle, the hatchlings shall be released in an aquatic habitat that is suitable and safe for the turtle species, that is as close as possible to the location at which the turtle was found and, in any event, that is no more than one kilometre from that location. 3. If the hatchlings are not transferred to a person authorized to carry out a captive-rearing program, the hatchlings shall be released no later than one week after the last hatchling from the clutch has hatched and absorbed its yolk sac. 4. If the hatchlings are transferred to a person authorized to carry out a captive-rearing program for the turtle species, hatchlings shall be released no later than two years after the last hatchling from the clutch has hatched. O. Reg. 831/21, s. 15. (15) If there is any reason to believe that a hatchling or an egg from which a hatchling hatched has been exposed to a deleterious pathogen that may be spread to wild amphibian or reptile populations if the hatchling were to be released, the person shall: 1. Notify the ministry of the possible exposure immediately. 2. Delay the release of the hatchling until the person has confirmed that the hatchling does not carry a deleterious pathogen and will not pose a risk to wild amphibian or reptile populations. 3. Notify the ministry of the date and location of the release and provide the evidence that the hatchling does not carry a deleterious pathogen and will not pose a risk to wild amphibian or reptile populations upon release. O. Reg. 831/21, s. 15. (16) For the purposes of paragraph 6 of subsection (10), the following shall be monitored: 1. The effects of the activity on each threatened turtle species or endangered turtle species that is the object of the activity. 2. The effectiveness of the steps taken to minimize adverse effects on each threatened turtle species or endangered turtle species. O. Reg. 831/21, s. 15. (17) For the purposes of paragraph 6 of subsection (10), a record of the following information shall be prepared and retained for at least five years after it is prepared: 1. The effects of the activity on each threatened turtle species or endangered turtle species that is the object of the activity. 2. Each step taken to minimize the adverse effects of the activity on each threatened turtle species or endangered turtle species that is the object of the activity, including the location at which the step was taken and an assessment of the effectiveness of the step. 3. The name of each person who was responsible for carrying out or supervising the activity. 4. The total number of members of a threatened turtle species or an endangered turtle species euthanized as a result of carrying out the activity and, for each member that was euthanized, i. the reason the turtle required euthanasia, ii. the name and contact information of the person who carried out the euthanasia, iii. a summary of the person’s expertise related to the turtle species and training in the euthanasia procedures outlined in the mitigation plan, and iv. the name, position and contact information of the member of the College of Veterinarians of Ontario or employee of the Ministry who advised that the turtle needed to be euthanized. O. Reg. 831/21, s. 15. (18) The person who carries out an activity described in subsection (3) shall provide a copy of the record created under subsection (17) to the Ministry within 14 days after receiving a request for it. O. Reg. 831/21, s. 15. (19) For the purposes of paragraph 6 of subsection (10), no later than January 31 in each year, a report containing a statement that the report has been prepared under this section and containing the following information in respect of each activity described in subsection (3) carried out during the previous calendar year shall be submitted to the Ministry: 1. A description of the activity, including its purpose and the actions identified in a government response statement published under section 12.1 of the Act that the activity implements or supports or assists in implementing. 2. A copy of the record created under subsection (17). 3. A summary of the outcome of the activity, including a detailed assessment of the extent to which the activity achieved its purpose during the reporting period. 4. If the person carrying out the activity took one or more eggs, the following information in respect of each clutch from which one or more eggs were taken: i. the turtle species to which the eggs belong, ii. the total number of eggs taken, iii. the date on which the eggs were taken, iv. the geographic coordinates of the clutch, v. an indication of which source set out in paragraph 1 of subsection (3) the eggs were taken from, vi. if the eggs were taken from a vulnerable nest, the rationale used to determine that the nest was vulnerable, vii. if the eggs were taken as a result of a nest being accidentally disturbed, the circumstances of the accidental disturbance, if known, and the rationale used to justify taking the eggs, viii. if the eggs were taken from a sick or injured turtle, A. the rationale used to justify taking the eggs from the turtle, and B. the legal authority under which the person was authorized to take the eggs and, if applicable, the identifying number of the authorization, ix. if eggs were transferred to another person authorized to incubate the eggs, the name and contact information of the person who received the eggs and the date of the transfer, and x. a description of any harm that occurred to eggs while carrying out the activity, including the total number of eggs harmed. 5. If the person carrying out the activity incubated one or more eggs, the following information in respect of each clutch referred to in paragraph 4 that was incubated: i. the turtle species to which the eggs belong, ii. the total number of eggs incubated, iii. the start and end dates of incubation, iv. if the person who is incubating the eggs is not the person who took the eggs, A. the name and contact information of the person who took the eggs, B. the date on which the eggs were taken, C. the legal authority under which the person was authorized to take the eggs and the identifying number of the authorization, if applicable, D. the geographic coordinates of the clutch, and E. confirmation, including supporting documentation, if available, that the eggs were taken from a source set out in paragraph 1 of subsection (3), v. the number of eggs that successfully hatched, vi. the date on which the last hatchling hatched and, if the hatchlings were not transferred to a person authorized to carry out a captive-rearing program, the date on which the last hatchling absorbed its yolk sac, vii. if hatchlings were transferred to a person authorized to captive-rear the turtle species, A. the number of hatchlings that were transferred, B. the date of transfer, C. the name and contact information of the person carrying out the captive-rearing program, D. a description of the authorization under which the person is carrying out the captive-rearing program, and, if applicable, the identifying number of the authorization, and E. the address of the captive-rearing facility, viii. the number of hatchlings that were released and the date of release, ix. the geographic coordinates of the clutch, and x. an explanation of each injury, death and complication that occurred in respect of a threatened turtle species or an endangered turtle species while carrying out the parts of the activity relating to the incubation and release of the members of the species, including any harm to eggs. O. Reg. 831/21, s. 15.