Species at risk surveys
 23.17.2 (1) In this section, “abundance” includes absolute and relative population size; (“abondance”) “species at risk survey” means a species at risk survey described in subsection (3) and includes all steps related to conducting a survey with respect to species that are listed on the Species at Risk in Ontario List as an endangered or threatened species such as capturing a member of the species, removing a tissue sample from a member of a species for genetic testing, transporting the sample to a lab and analyzing the sample. (“enquête sur les espèces en péril”) O. Reg. 831/21, s. 15. (2) Subsections (4) and (5) apply with respect to the conducting of a species at risk survey if, based on a review of all available information in respect of the proposed survey area, including any available provincial records, expert opinions and species distribution modelling, there is reason to believe that, (a) the survey is required to address a lack of information about the presence, absence or abundance of the species expected to be found at or near the proposed survey area; and (b) the species may reasonably be expected to be found at or near the proposed survey area. O. Reg. 831/21, s. 15. (3) The following are the two types of species at risk surveys to which this section applies: 1. A species at risk survey to assess whether a species listed on the Species at Risk in Ontario List as an endangered or threatened species is present or absent in an area. 2. A species at risk survey to estimate the abundance of a species listed on the Species at Risk in Ontario List as an endangered or threatened species in an area. O. Reg. 831/21, s. 15. (4) Clause 9 (1) (a) of the Act does not apply to a person who, while conducting a species at risk survey, kills, harms, harasses, captures or takes a member of a species that is the object of the survey, if the person satisfies all of the conditions set out in subsection (9). O. Reg. 831/21, s. 15. (5) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who, while conducting a species at risk survey, possesses, collects or transports a living or dead member of a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, or a part of a member of such a species, if the person satisfies all of the conditions set out in subsection (9). O. Reg. 831/21, s. 15. (6) Despite subsections (2), (4) and (5), subsections (4) and (5) do not apply to the intentional killing of a member of a species listed on the Species at Risk in Ontario List as an endangered or threatened species that occurs during a species at risk survey unless, (a) the killing is for the purposes of euthanasia in respect of a member of an amphibian, bird, reptile, mammal or fish species that has become ill or injured as an incidental consequence of the survey with no possibility of survival; and (b) the euthanasia is carried out in accordance with the procedures referred to in subparagraph 7 ii of subsection (10) 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 species listed on the Species at Risk in Ontario List as an endangered or threatened 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), (4) and (5), subsections (4) and (5) do not apply in respect of a species at risk survey if the survey is conducted in any of the following areas: 1. A reach of a stream that is occupied by Redside Dace if the species that is the object of the survey is listed on the Species at Risk in Ontario List as an endangered or threatened fish species. 2. An area belonging to any of the following community classes, as identified under the land classification system for southern Ontario, if the area is known or likely to be occupied by a species that is listed on the Species at Risk in Ontario List as an endangered or threatened vascular plant species: i. A fen. ii. A bog. iii. A sand barren. iv. A sand dune. v. A bluff. 3. An area situated in a part of Ontario to which the land classification system for southern Ontario does not apply but that has all of the characteristics necessary to be classified as a community class referred to in subparagraphs 2 i to v if it were situated in a part of southern Ontario to which the classification system applies. O. Reg. 831/21, s. 15. (9) The following are the conditions that a person who conducts a species at risk survey must satisfy for the purposes of subsections (4) and (5): 1. Before commencing the survey, the person must, i. give the Minister notice of the survey 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 (10) that sets out the steps that will be taken to, A. minimize the adverse effects of the survey on each species that is the object of the survey, 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 survey, ii. the proposed start and end dates for the survey, iii. the location at which the survey will be carried out, and iv. the name of each species that is the object of the survey. 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. After the mitigation plan is prepared, the person must, i. ensure that the survey is carried out in accordance with the mitigation plan, ii. retain a copy of the mitigation plan for at least five years after the survey is complete, iii. provide a copy of the mitigation plan to the Ministry within 14 days after receiving a request for it, and iv. if the survey 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 (10) to include information obtained while monitoring the effects of the survey under subsection (14). 5. The person must conduct monitoring, prepare and retain records, and submit reports in accordance with subsections (14) to (17). 6. 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 survey, 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 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. (10) The mitigation plan referred to in subparagraph 1 ii of subsection (9) and the update of the plan referred to in subparagraph 4 iv of subsection (9) shall be prepared by one or more persons described in subsection (11) and shall include the following information: 1. The name and contact information of the person carrying out the species at risk survey. 2. The following information with respect to the survey: i. a description of the survey, including an explanation of its nature and purpose, ii. the proposed start and completion dates of the survey, iii. a description of all of the stages of the survey and a timeline for each stage, and iv. a description of the location of the survey. 3. The identity of each species that is the object of the survey and an assessment of the likely effects of the survey on the members of the species. 4. The title, author and date of the protocol that meets the requirements of subsection (13) and that will be followed in carrying out the survey and confirmation that the protocol is designed to achieve the objective of the survey and that it applies in respect of, i. the location at which the survey will be carried out, and ii. the species at risk that is the object of the survey and all relevant life stages of the species. 5. If the protocol that will be followed is a protocol described in paragraph 3 of subsection (13), a copy of the protocol. 6. Details of each step described in subsection (12) that will be taken to minimize the adverse effects of the survey on the members of the species, including the dates and locations at which the steps will be taken. 7. If the survey 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, procedures that will be followed relating to the handling and care of the member, 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 survey, 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. 8. 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 7 provide for the proper handling and care of the species. 9. Details of each step that will be taken to monitor the effects of the survey on members of the species that are the object of the survey and the effectiveness of the steps taken to minimize adverse effects on the species. O. Reg. 831/21, s. 15. (11) The mitigation plan and any update to the plan shall be prepared by one or more persons with expertise in relation to every species that is the object of the species at risk survey using the best available information on steps that may help avoid or minimize 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. (12) The following are the steps referred to in paragraph 6 of subsection (10): 1. Ensuring that the species at risk survey is carried out by or under the supervision of a person with expertise related to the part of the survey that the person is carrying out, including having expertise in either or both of the following areas: i. the biology and ecology of each species that is the object of the survey, or a species with largely the same suite of biological and ecological traits as that species, or ii. conservation genetics or other relevant conservation sciences. 2. Before the species at risk survey is carried out, providing training with respect to the following subjects to each person who carries out any part of the survey that is likely to adversely affect the species: i. procedures referred to in paragraph 7 of subsection (10) relating to the handling and care of any animal species that is the object of the survey, and ii. the steps that must be taken under paragraphs 3 and 4 to minimize adverse effects on members of the species and its habitat. 3. Using the best available information to avoid or minimize adverse effects on the species and their habitat when conducting the species at risk survey. 4. Taking all reasonable steps to avoid the spread of diseases or pests to, or compromise the genetic integrity of, members of the species that are the object of the species at risk survey. 5. Ensuring that, if a member or a part of a member of the species that is the object of the species at risk survey is captured, collected or taken while the survey is being conducted, i. the member, if living, is not, A. possessed for longer than is necessary to carry out the part of the survey for which the capture, collection or taking was required or to complete the procedures for the treatment of injured or sick animals or for the euthanasia of such an animal, or B. removed from the area in which it was captured or taken unless the removal is necessary to complete the procedures for the treatment or the euthanasia of injured or sick animals, and ii. the member, if dead, or a part of the member is not possessed for longer than is necessary to carry out the part of the survey for which the capture, collection or taking was required. O. Reg. 831/21, s. 15. (13) The protocol referred to in paragraph 4 of subsection (10) shall be one of the following: 1. A protocol that has been published by the Government of Ontario and that is available on a website maintained by the Government of Ontario or available from the branch of the Ministry that is responsible for species at risk on request. 2. A protocol that has been listed by the branch of the Ministry that is responsible for species at risk on a website maintained by the Government of Ontario. 3. If a protocol for the species at risk survey has not been published or listed in accordance with paragraph 1 or 2, a protocol, prepared by a person with expertise related to the species that is the object of the survey, that uses, i. the best available scientific methods, standards and information, including, as necessary, statistical methods of estimating detectability, population size and other relevant demographic parameters, and ii. one of the following sampling or search effort intensities, A. a sampling intensity sufficient to estimate the rate of occupancy at the spatial scale of the survey such that the standard error of accuracy is expected to be no greater than 5 per cent, if the survey is conducted for the purpose of determining abundance other than absolute abundance, B. a sampling intensity sufficient to estimate population size such that the 95 per cent confidence intervals of the estimate are expected to overlap the actual population size and the relative error of accuracy is expected to be no greater than 5 per cent, if the survey is conducted for the purpose of determining absolute abundance of a species, or C. a search effort intensity sufficient to detect the species at the spatial scale of the survey with a probability of at least 95 per cent, if the survey is conducted for the purpose of determining presence or absence of a species. O. Reg. 831/21, s. 15. (14) For the purposes of paragraph 5 of subsection (9), the following shall be monitored: 1. The effects of the species at risk survey on each species that is the object of the survey. 2. The effectiveness of the steps taken to minimize adverse effects of the species at risk survey on each species. O. Reg. 831/21, s. 15. (15) For the purposes of paragraph 5 of subsection (9), 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 species at risk survey on each species that is the object of the survey. 2. Each step taken to minimize the adverse effects of the species at risk survey on each species that is the object of the survey, 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 species at risk survey and a description of the part of the survey the person carried out and their relevant expertise. 4. The total number of members 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 euthanized as a result of conducting the species at risk survey and, for each member that was euthanized, i. the reason the member of the species 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 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 of the need for euthanasia. 5. For each species that is the object of the species at risk survey, a summary of any injuries, complications or deaths, other than deaths referred to in paragraph 4, that occurred as a result of conducting the survey. O. Reg. 831/21, s. 15. (16) The person who carries out a species at risk survey shall provide a copy of the record created under subsection (15) to the Ministry within 14 days after receiving a request for it. O. Reg. 831/21, s. 15. (17) For the purposes of paragraph 5 of subsection (9), within 180 days after the species at risk survey is completed, a report containing a statement that the report has been prepared under this section and containing the following information shall be submitted to the Ministry: 1. A description of the survey, including its purpose and a description of the survey area. 2. A summary of each stage of the survey, including the timing and location of each stage. 3. A description of the survey methods used, including the sampling or search effort intensity and the related error of accuracy, confidence interval or probability that was applied. 4. The title, author and date of the protocol that was followed and, if the protocol followed was a protocol described in paragraph 3 of subsection (13), a copy of the protocol. 5. The results of the survey, including conclusions about the presence, absence or abundance within the survey area of each species that is the object of the survey. 6. A copy of the records created under subsection (15). O. Reg. 831/21, s. 15.