Stewardship activities
 17.1 (1) Subsections (2) to (6) apply with respect to all or part of a stewardship activity that is intended to assist in the protection or recovery of one or more species listed on the Species at Risk in Ontario List as an endangered or threatened species if, (a) the person proposing to carry out the stewardship activity has received notice from the Ministry indicating that the stewardship activity, or the part thereof, will be part of the Species at Risk in Ontario Stewardship Program and will be funded by a grant made by the Minister under subsection 47 (3) of the Act; and (b) the stewardship activity is carried out in accordance with the conditions of the grant referred to in clause (a). O. Reg. 831/21, s. 3. (2) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who, while carrying out a stewardship activity, kills, harms, harasses, captures or takes a member of a 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 (4). O. Reg. 831/21, s. 3. (3) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who, while carrying out a stewardship activity, possesses, collects or transports a living or dead member of a species that is the object of the activity, or a part of a member of such species, if the person satisfies the conditions set out in subsection (4). O. Reg. 831/21, s. 3. (4) The following are the conditions that a person must satisfy for the purposes of the exemptions in subsections (2) and (3): 1. If the stewardship activity requires the handling of a member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that is an amphibian, bird, reptile, mammal or fish, the person must, before commencing the activity, prepare a document that sets out, i. the procedures relating to the handling and care of the species, including, A. 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 stewardship activity, and B. if the procedures referred to in sub-subparagraph A include procedures to be followed by the person in order to euthanize a member of the species, the procedures for euthanasia, and ii. a written opinion prepared by an animal care committee established under subsection 17 (1) of the Animals for Research Act, stating that the procedures included under subparagraph i provide for the proper handling and care of the species. 2. The person must, i. ensure that the procedures set out in the document referred to in paragraph 1 are followed while carrying out the activity, ii. retain a copy of the document referred to in paragraph 1 for at least five years after the activity is completed, and iii. provide a copy of the document referred to in paragraph 1 to the Ministry within 14 days of receiving a request for it. 3. If the stewardship activity requires the handling of a member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that is a plant, lichen, moss, mollusc or insect and the person intends to possess the member for longer than seven days, the person must, before commencing the activity, prepare a document that sets out the procedures relating to the handling and care of the species. 4. The person must, i. ensure that the procedures set out in the document referred to in paragraph 3 are followed while carrying out the activity, ii. retain a copy of the document referred to in paragraph 3 for at least five years after the activity is completed, and iii. provide a copy of the document referred to in paragraph 3 to the Ministry within 14 days of receiving a request for it. 5. If, while carrying out a stewardship activity, a living member of a species that is the object of the activity is captured, collected or taken, the person must ensure that, i. any living member of a species that is captured, collected or taken does not remain in the person’s possession for longer than is necessary to complete the activity, and ii. any living member of a species that is captured or taken is released, A. back into the area from which it was captured or taken, or B. if the grant made under subsection 47 (3) of the Act in respect of the activity specified that the living member was to be released, for one of the following purposes, into an area specified in the grant that is not the area from which it was captured or taken, into that area: 1. augmenting the population of the species in the area, 2. reintroducing the species to an area from which it has been extirpated, or 3. introducing it to an area where it is not known to have occurred previously. 6. If, while carrying out a stewardship activity, a dead member of a species, or a part of a living or dead member of a species, that is the object of the activity is collected, the person must ensure that the dead member or the part of the living or dead member does not remain in the person’s possession for longer than is necessary to complete the activity. 7. If a stewardship activity requires that the person carrying out the activity keep a living member of the species that is the object of the activity in their possession for more than seven days in order to complete the activity or requires that the person release a living member of such a species into an area other than the area in which the member was captured or taken for a purpose described in sub-subparagraph 5 ii B, the person must, i. follow the rules set out in subsection (5) to mitigate the impact of the stewardship activity on the living member of the species and any of its progeny that resulted while in the person’s possession, and ii. follow the monitoring, recording and reporting requirements set out in subsection (6) with respect to the living member or any of its progeny that resulted while in the person’s possession. 8. If a member of a species that is the object of the stewardship activity becomes ill or is injured as an incidental consequence of the activity, the person must not carry out the euthanasia of the member unless, i. the procedures prepared under paragraph 1 include procedures to be followed by the person when euthanizing members of the species, and ii. the euthanasia is carried out in accordance with the procedures prepared under paragraph 1 by a person with expertise in the species who is trained in respect of the procedures and who is acting on the advice of a member of the College of Veterinarians of Ontario or a person employed by the Ministry. 9. The person must prepare a record of the following information for each member of the species euthanized: i. the reason the member required euthanasia, ii. the name and contact details of the person who carried out the euthanasia, iii. a summary of the person’s expertise related to the species and the person’s training in the euthanasia procedures referred to in paragraph 1, and iv. the name, position and contact details of the member of the College of Veterinarians of Ontario or employee of the Ministry who advised that the member of the species needed to be euthanized. 10. The person must retain a copy of the record referred to in paragraph 9 for at least five years after it was prepared and provide a copy of the record to the Ministry within 14 days of receiving a request for it. 11. If the person or an employee or agent of the person observes a species that is the object of the stewardship activity in the course of carrying out the activity, the person must ensure that, on or before March 31 after the sighting, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario is completed, detailing the species and the number of individual members that were observed, the date and location of the observation and any other information requested on the form. O. Reg. 831/21, s. 3. (5) The following are the mitigation rules that a person must follow for the purposes of subparagraph 7 i of subsection (4): 1. While the stewardship activity is ongoing, the person shall take reasonable steps to avoid or minimize adverse effects on a member of a species that is the object of the stewardship activity, and on any of the member’s progeny that resulted while in the person’s possession, using the best available information including consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available. 2. The person shall ensure that all reasonable steps are taken during the following periods of time in order to avoid spreading diseases and pests to, or compromising the genetic integrity of, the member of the species that is the object of the stewardship activity and any of the member’s progeny that resulted while in the person’s possession: i. in the case of a member of the species that the person is required to be in their possession for more than seven days, during the entire time the member and its progeny are in the person’s possession, or ii. in the case of a member of the species that is required to be released into an area other than the area from which it was captured or taken, during the release of the member. 3. The person shall ensure that any member of a species that is the object of the stewardship activity and is required to be in their possession for more than seven days, and any of the member’s progeny that resulted while in the person’s possession, is maintained in a manner that supports the health and viability of the member of the species and its progeny for as long as they remain in the person’s possession. 4. During a stewardship activity that involves the release of a member of a species that is the object of the activity, and any of its progeny that resulted while in the person’s possession, into an area other than the area from which it was captured or taken, the person shall ensure that, so long as the activity continues, reasonable steps are taken to manage the habitat of the species in that area in a manner that supports the necessary life processes of the member, and any of its progeny, that are released. 5. The person shall ensure that, so long as the stewardship activity continues, all reasonable steps are taken to promote the genetic integrity and health of each member of the species that is the object of the activity and of the member’s progeny that resulted while the member was in the person’s possession. 6. The stewardship activity must be carried out by or under the supervision of a person with expertise in relation to the species that is the object of the activity. 7. The person shall not release a member of the species that is the object of the stewardship activity, or the progeny that resulted while the member was in the person’s possession, to an area or in a manner that would pose a significant risk to the member, its progeny or to any other members of the species. O. Reg. 831/21, s. 3. (6) The following are the monitoring and recording requirements that a person must follow for the purposes of subparagraph 7 ii of subsection (4): 1. While carrying out the stewardship activity, the person shall ensure that the following are monitored: i. the effects of the activity on, A. any member of a species that is the object of the activity and that the person keeps in their possession for more than seven days or releases into an area other than the area from which the member was captured or taken, and B. any progeny of a member referred to in sub-subparagraph A that resulted while the member was in the person’s possession, and ii. the effectiveness of measures taken under the mitigation rules set out in subsection (5) to avoid or minimize the adverse effects of the activity on the members of the species. 2. While carrying out the stewardship activity, the person must create and maintain a record of, i. the effects of the activity on the member of the species that is the object of the activity and that the person keeps in their possession for more than seven days, and on any of the member’s progeny that resulted while the member was in the person’s possession, or the member of the species that the person releases into an area other than the area from which the member was captured or taken, ii. the measures that are taken by the person carrying out the activity to minimize the adverse effects of the activity on the member of the species referred to in subparagraph i, including the measures set out in subsection (5), including the locations where the measures are taken, and an assessment of the effectiveness of those measures, and iii. the names of each individual with expertise who was responsible for carrying out or supervising the activity. 3. The person must, i. retain a copy of the record created under paragraph 2 for at least five years after it is prepared, and ii. provide a copy of the record created under paragraph 2 to the Ministry within 14 days of receiving a request for it. 4. Before the expiry of the grant made by the Minister under subsection 47 (3) of the Act, the person must prepare a report about the members of a species that is the object of the stewardship activity that the person has kept in their possession for more than seven days, and any progeny that resulted while such members were in the person’s possession, and about any members of such a species that the person has released under sub-subparagraph 5 ii B of subsection (4), and the person must submit the report to the Ministry. 5. The report referred to in paragraph 4 must include: i. A description of the stewardship activity, including its nature and purpose. ii. The identity of each species that is the object of the activity. iii. If a member of a species that is the object of the activity was captured, collected or taken, A. the date on which a member of the species was captured, collected or taken, B. details regarding the capture, collection or taking of the member, including, if applicable, the name and contact information of the person who captured, collected or took the member, a description of the legal authorization for the capture, collection or taking and, if applicable, the identifying number of the authorization, and C. the location from which the member was captured or taken, using geographic coordinates, and a description of the location. iv. A copy of the record referred to in paragraph 2. v. A summary of the outcome of the stewardship activity, including a detailed assessment of the extent to which the activity achieved its purpose. vi. Details about any species injuries, deaths or complications that occurred during the stewardship activity, including a copy of the record developed under paragraph 9 of subsection (4), if applicable. 6. If the person possesses one or more living members of a species that is the object of the activity for longer than seven days, the report referred to in paragraph 4 must include, i. The number of living members of the species possessed, or an estimate of the number if the exact quantity is unavailable. ii. A description of the life stage and condition of each member of the species when possession began and when possession ended. iii. If applicable, the number of progenies that resulted while the member was kept in possession, or an estimate of the number if the exact quantity is unavailable, iv. If the member is released in accordance with sub-subparagraph 5 ii A of subsection (4), the location in which the member was released to or, if subparagraph v applies, the person to whom the member was transferred, v. If the person transfers one or more members of a species in their possession to another person instead of releasing it back to the area from which it was captured or taken: A. An explanation for doing so, demonstrating that the release of the member back to the area from which it was captured or taken posed significant risk to the member or receiving population that could not be mitigated or was not reasonable or feasible. B. The number of members transferred. C. The date of transfer. D. The name and contact information of the person to whom the members were transferred, a description of the authorization under which the person is authorized to possess the members and, if applicable, the identifying number of the authorization. E. The address of the location where the member is now located and a description of the location. 7. If the person releases one or more living members of a species that is the object of the stewardship activity into an area other than the area from which the members were captured or taken, the report referred to in paragraph 4 must include, i. The number of members of the species that have been released, or an estimate of the number if the exact quantity is unavailable. ii. The date of the release of the members of the species. iii. A description of the life stage and condition of the member at the time of the release of the members of the species. iv. Which of the purposes of release set out in sub-subparagraph 5 ii B of subsection (4) applies to the release. v. The location at which the members were released using the geographic coordinates for the location. vi. A description of the conditions of the release location when the release occurred. vii. If the purpose of the release is to provide for an augmentation of the population of the species in the area of the release, information about the receiving population, including the number of members, or estimates if the exact quantity is unavailable, and condition of the other members of the population of the species at the time of release. O. Reg. 831/21, s. 3.