Chimney swift
 23.8 (1) In this section, “chimney swift active season” means the period of each year when chimney swift carry out life processes relating to breeding, nesting, rearing and roosting, and that begins around the end of April and ends around the middle of October, the exact dates varying according to the area of the Province in which the chimney swift are located and the climate conditions of each year. O. Reg. 176/13, s. 14; O. Reg. 308/16, s. 7 (1). (2) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who harms or harasses a chimney swift, or who damages or destroys its habitat, while carrying out the maintenance, repair, modification, replacement or demolition of a chimney that provides chimney swift habitat, if the person satisfies the conditions set out in subsections (3) to (11). O. Reg. 176/13, s. 14. (3) The conditions that a person must satisfy for the purposes of subsection (2) are as follows: 1. Before commencing an activity described in subsection (2), 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, ii. ensure that the notice includes, A. a description of the activity, B. the proposed start and end dates for the activity, C. the location of the chimney that will be the object of the activity, and D. notice of the fact that the activity will impact chimney swift, iii. prepare a chimney swift mitigation and restoration record in accordance with subsection (4). 2. The person must follow the requirements of section 23.3 with respect to the completion of the notice of activity form referred to in subparagraph 1 i, the keeping of records relating to the notice of activity form and the updating of the information on the Registry. 3. Before, during and after carrying out the activity described in subsection (2), the person must, i. follow the steps set out in subsections (5) to (7) to minimize the adverse effects of the activity on chimney swift and its habitat, and ii. update the chimney swift mitigation and restoration record to include the steps referred to in subparagraph i. 4. The person must carry out the monitoring and record keeping activities described in subsections (8) to (11). 5. Every year that the person is required to monitor chimney swift habitat under subsection (8), the person must notify the Ministry of chimney swift observed during monitoring by completing, within three months following the completion of the monitoring, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario detailing the species, number of chimney swifts, the date and location of observation and any other information requested on that form. O. Reg. 176/13, s. 14; O. Reg. 218/18, s. 6; O. Reg. 831/21, s. 17. (4) A chimney swift mitigation and restoration record referred to in subparagraph 1 iii of subsection (3) shall, when first prepared, include the following information: 1. The name and contact information of the person who is proposing to carry out an activity described in subsection (2). 2. A description of the activity the person proposes to carry out, including the proposed start and completion dates. 3. A description of the chimney that will be affected by the activity, including the height, internal square footage and material. 4. An estimation of the number of chimney swift using the chimney. O. Reg. 176/13, s. 14. (5) The following are the steps a person who proposes to carry out an activity described in subsection (2) must follow to minimize the adverse effects of the activity on chimney swift and its habitat: 1. If any part of the activity is to be carried out during the chimney swift active season, the person must take measures, such as capping the chimney, to prevent chimney swift from accessing the chimney that will be affected by the activity both before and during the chimney swift active season. 2. If, despite following the measures described in paragraph 1, chimney swift begin to use the chimney during their active season to breed, nest, rear or roost, any part of the activity that would affect the chimney must be suspended until the end of the chimney swift active season. 3. If, as a result of carrying out the activity, a chimney that provides habitat for chimney swift will be unavailable for chimney swift breeding, nesting, rearing or roosting during the chimney swift active season, but will be available by the following chimney swift active season and will provide at least the same amount of suitable habitat for chimney swift at that time, the person must improve the conditions for chimney swift breeding, nesting, rearing or roosting provided by the chimney by ensuring that the activity includes measures such as any of the following: i. increasing the height of the chimney, ii. installing a sun collar on the opening of the chimney, or iii. cutting back vegetation encroaching on the chimney’s opening. 4. The person must create new habitat for chimney swift in accordance with subsection (6) if, as a result of carrying out the activity, a chimney that provides habitat for chimney swift, i. will be destroyed, ii. will be altered so that it no longer provides suitable conditions for chimney swift breeding, nesting, rearing or roosting or provides a smaller area for chimney swift breeding, nesting, rearing or roosting, or iii. will be unavailable for chimney swift breeding, nesting, rearing or roosting for more than one chimney swift active season. 5. The person must maintain habitat created under paragraph 4 for a period of three years after the habitat is created. O. Reg. 176/13, s. 14; O. Reg. 308/16, s. 7 (2-5). (6) If a person is required to create new habitat for chimney swift under paragraph 4 of subsection (5), the habitat must be created as follows: 1. The habitat shall be created by either, i. constructing one or more new structures, which may or may not be chimneys, that provide appropriate conditions for chimney swift breeding, nesting, rearing or roosting, or ii. modifying one or more existing structures which may or may not be chimneys, that do not currently provide habitat for chimney swift to provide appropriate conditions for chimney swift breeding, nesting, rearing or roosting. 2. The habitat must include features to attract chimney swift to the structure or to enhance the suitability of the structure for chimney swift, such as installing a sun collar at the opening of the chimney or planting native shrubs, trees or flowers to attract insects. 3. The structure that is constructed or modified must be located within two kilometres of the chimney that will be affected by the activity described in subsection (2) and must be capable of providing habitat for more chimney swifts than the chimney that was affected by the activity. 4. If a single structure is constructed or modified, the structure must be of a greater height and have greater internal square footage available to chimney swift than the chimney affected by the activity described in subsection (2), but must not be greater than one and a half times the size of the chimney affected by the activity. 5. If more than one structure is constructed or modified, one of the structures must be of at least the same height and have at least the same internal square footage available to chimney swift as the chimney affected by the activity described in subsection (2). 6. A structure must be constructed or modified so as to provide suitable conditions for chimney swift breeding, nesting, rearing or roosting, including the following: i. the structure must have a temperature range that is suitable for chimney swift breeding, nesting, rearing or roosting during the chimney swift active season, ii. the opening of the structure must be accessible for chimney swift to enter and exit, iii. the interior surface of the structure must be composed of unpainted, rough-textured material such as brick or cinder block appropriate for clinging and nest adherence, iv. the interior dimensions of the structure must be suitable for chimney swift breeding, nesting, rearing or roosting, v. the height of the structure must be suitable for chimney swift breeding, nesting, rearing or roosting having regard to the ground level, the roofline of associated structures and other structures or vegetation within reasonable proximity. O. Reg. 176/13, s. 14; O. Reg. 308/16, s. 7 (6-9). (7) A person who proposes to carry out an activity described in subsection (2) and is required to create habitat for chimney swift under paragraph 4 of subsection (5) must do so within one of the following time frames: 1. If the activity will begin outside of the chimney swift active season, before the beginning of the next chimney swift active season. 2. If the activity will begin during the chimney swift active season, before the beginning of that chimney swift active season. O. Reg. 176/13, s. 14. (8) After a person has created habitat for chimney swift under paragraph 4 of subsection (5), the person shall monitor the use of the habitat by chimney swift during the chimney swift active season for a period of years determined under subsection (9) and shall record information collected during monitoring, including the following information: 1. An estimate of the number of chimney swift entering or exiting the structure. 2. Evidence of chimney swift nesting in the structure. O. Reg. 176/13, s. 14. (9) The number of years during which a person must monitor the effectiveness of habitat under subsection (8) shall be determined in accordance with the following rules: 1. If chimney swift are observed and recorded entering and exiting the structure during the first three years of monitoring, the person is not required to conduct further monitoring after the end of the three-year period. 2. If chimney swift are not observed and recorded entering and exiting the structure during the first three years of monitoring, the person shall continue to monitor the habitat until five years have passed after the creation of the habitat under paragraph 4 of subsection (5). O. Reg. 176/13, s. 14. (10) A person who carries out an activity described in subsection (2) shall retain the chimney swift mitigation and restoration record created under subsection (4) for a period of five years after the activity is completed and shall update the record from time to time to include the following information: 1. A description of the steps followed by the person in accordance with subsection (5) to minimize the adverse effects of the activity on chimney swift and its habitat, including the location, square footage and description of the habitat created under paragraph 4 of subsection (5) or improved under paragraph 3 of subsection (5). 2. The information recorded during monitoring activities described in subsection (8). 3. Any change to the information included in the record under subsection (4). O. Reg. 176/13, s. 14. (11) A person who carries out an activity described in subsection (2) shall provide a copy of the chimney swift mitigation and restoration record to the Ministry within 14 days of receiving a request for it. O. Reg. 176/13, s. 14.