Transition — activity ongoing when prohibitions first apply
 23.13 (1) In this section, “prohibition date” means the day determined in accordance with the rules set out in subsection (2.1); (“date d’interdiction”) “regulatory condition” means a regulatory condition described in Column 3 of Table 1 of this section that applies to a Table 1 activity set out in Column 2 of the Table opposite the regulatory condition; (“condition réglementaire”) “relevant species” means, (a) a transition species, or (b) a species identified in Columns 3 and 4 of Table 2 of this section that was listed as a species on the Species at Risk in Ontario List as an endangered or threatened species for the first time in 2013 or in a subsequent year referred to in Column 2 of that Table; (“espèce concernée”) “Table 1 activity” means an activity described in Column 2 of Table 1 of this section; (“activité figurant au tableau 1”) “transition species” means a species identified in Columns 3 and 4 of Table 2 of this section that was listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time before 2013. (“espèce touchée par des mesures transitoires”) O. Reg. 328/22, s. 3 (1). (2) Subsections (5) to (15) apply with respect to a Table 1 activity that may have an adverse effect on a relevant species if, (a) the regulatory condition for the Table 1 activity is satisfied on a day that is either before or after, but no later than two years after, the prohibition date for the relevant species; and (b) the Table 1 activity is commenced no later than the date determined under subsection (2.2). O. Reg. 328/22, s. 3 (1). (2.1) The prohibition date for a relevant species is determined in accordance with the following rules: 1. In the case of a transition species, the prohibition date is June 30, 2013, being the date on which the prohibitions in clause 10 (1) (a) of the Act began to apply to transition species. 2. In the case of a relevant species in respect of which a regulation made under section 8.1 of the Act has temporarily suspended the application of one or more of the prohibitions in subsection 9 (1) or 10 (1) of the Act, the prohibition date is, i. the day immediately following the end of the period of suspension, or ii. if the regulation made under section 8.1 of the Act provided for different periods of suspension in relation to different prohibitions in subsections 9 (1) and 10 (1) of the Act, the day immediately following the end of the period of suspension that ends the latest. 3. In the case of a relevant species other than a relevant species described in paragraph 1 or 2, the prohibition date is the day on which the relevant species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time. O. Reg. 328/22, s. 3 (1). (2.2) For the purposes of clause (2) (b), the date by which a Table 1 activity must be commenced is, (a) where the activity may have an adverse effect on a transition species, June 30, 2015; and (b) where the activity may have an adverse effect on a relevant species other than a transition species, (i) the day that is five years after the day the regulatory condition for the activity is satisfied, unless the regulatory condition was satisfied three years or more before the prohibition date for the relevant species, and (ii) if the regulatory condition for the activity was satisfied three years or more before the prohibition date for the relevant species, the day that is two years after the prohibition date for the relevant species. O. Reg. 328/22, s. 3 (1). (3) The carrying out of an undertaking referred to in item 9, 10 or 12 of Table 1 to this section does not include the operation of a hydro-electric generating station or the operation of a wind facility within the meaning of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Environmental Protection Act. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (2); O. Reg. 328/22, s. 3 (2). (4) Despite anything in subsection (2), subsections (5) to (15) do not apply to an activity described in section 23.4 in respect of a species listed in the Table to that section. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (3). (5) Subsection 10 (1) of the Act does not apply to a person who, while engaging in a Table 1 activity, damages or destroys the habitat of a relevant species if the conditions set out in subsection (7) are satisfied. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (4); O. Reg. 328/22, s. 3 (3). (6) Clause 9 (1) (a) of the Act does not apply to a person who, while engaging in a Table 1 activity, kills, harms, harasses, captures or takes a member of a relevant species other than a transition species if the conditions set out in subsection (7) are satisfied. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (5); O. Reg. 328/22, s. 3 (3). (7) The following are the conditions that a person carrying out a Table 1 activity must satisfy for the purposes of the exemptions set out in subsections (5) and (6): 1. The person must give the Minister notice of the activity by submitting a notice of activity form available on the Registry to the Minister through the Registry. 2. The person must ensure that the notice of activity form includes, i. a description of the activity the person is carrying out or is proposing to carry out, ii. a statement that the activity has already commenced or the date the activity will commence, iii. the location at which the activity is being carried out or will be carried out, and iv. the name of every relevant species that will be affected by the activity. 3. The person must give the notice of activity form before commencing the activity, subject to paragraph 3.1. 3.1 If a species has been listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time and the activity has commenced before the day a regulation is made amending this section by adding the species as a relevant species listed in Table 2 of this section, the person must give the notice of activity form promptly after the day the amending regulation comes into force. 4. The person must follow the requirements of 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. 5. While carrying out the activity, the person must take reasonable steps to minimize the adverse effects of the activity on each species identified in the notice of activity form, including those steps identified in subsection (8). 6. The person must, i. ensure that a mitigation plan is prepared in accordance with subsections (9) and (10), ii. subject to subsection (11), ensure that the mitigation plan referred to in subparagraph i is prepared within two years of the day a notice of activity form is submitted to the Minister under paragraph 1 and before the person begins to take steps to restore, create or enhance habitat as required under paragraph 10 of subsection (8), and iii. in the case of a person described in subsection (11), ensure that the conditions set out in subsection (12) are satisfied. 7. After a mitigation plan is prepared, the person must, i. carry out the activity in accordance with the mitigation plan, ii. ensure that the mitigation plan is updated in accordance with subsections (9) and (10) at least once every five years to include information obtained while monitoring the effects of the activity under paragraph 8. iii. retain a copy of the mitigation plan until at least five years after the activity is complete, and iv. provide a copy of the mitigation plan to the Ministry within 14 days of receiving a request for it. 8. The person must, i. monitor the effects of the activity on the species identified in the notice of activity form until the day the activity is complete, ii. monitor the effectiveness of steps described in paragraphs 1 to 9 of subsection (8) that are taken to minimize adverse effects of the activity on the species until the day those steps are complete, and iii. monitor the effectiveness of the steps taken to restore, create or enhance habitat under paragraph 10 of subsection (8) until 12 months after those steps are completed. 9. On or before January 31 of the year after the activity commenced and in each following year in which the person is required under paragraph 8 to monitor the effectiveness of any steps taken to minimize adverse effects of the activity, the person must prepare an annual report, in respect of the previous calendar year, in accordance with subsection (14) and thereafter the person must, i. retain a copy of the annual report for at least five years after it is prepared, and ii. provide a copy of the annual report to the Ministry within 14 days of receiving a request for it. 10. 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 species and number of individual members that were observed, the date and location of the observation and any other information requested on that form. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (6, 7); O. Reg. 308/16, s. 9 (5); O. Reg. 218/18, s. 11 (5, 6); O. Reg. 831/21, s. 11 (1), 17; O. Reg. 328/22, s. 3 (4, 5). (8) The following are the steps that a person must take to minimize adverse effects of a Table 1 activity described in a notice of activity form submitted under paragraph 1 of subsection (7) on a relevant species identified in the notice of activity form: 1. The person shall take steps to minimize or avoid the killing, harming or harassing of members of the species during a time of year when the species is likely to be carrying out a life process related to hibernation or reproduction, including rearing. 2. The person must not carry out any part of the activity in an area while it is being used by a member of the species to carry out a life process related to hibernation or reproduction, including rearing. 3. The person shall take steps to exclude animals that are members of the species from an area in which the activity is occurring or is likely to occur, such as installing temporary fencing to prevent members of the species from accessing the area. 4. If the person encounters an animal that is a member of the species in the course of carrying out the activity, the person must cease carrying out the activity and provide the animal with a reasonable amount of time to leave the area in which the activity is occurring before continuing with the activity. 5. If, after providing an animal with a reasonable amount of time in accordance with paragraph 4 the animal does not leave the area, the person must take measures to relocate the animal to a nearby location that is suitable and safe for the animal. 6. If the person encounters a moss, lichen or vascular plant that is a member of the species in the course of carrying out the activity and it is not necessary to kill or harm the member for the purpose of carrying out the activity, the person must, i. cease the activity in the area of the encounter, ii. install and maintain barriers to create a protective zone around the species, and iii. after establishing the protective zone referred to in subparagraph ii, continue the activity in a manner that does not impair the ability of the species to carry out its life processes, including reproduction. 7. If it is necessary to kill or harm a moss, lichen or vascular plant for the purpose of carrying out the activity, the person must relocate the moss, lichen or vascular plant to a nearby location within the species’ habitat that is suitable and safe for the species so that it is not killed or harmed, provided it is feasible to do so. 8. The determination under paragraph 7 as to whether it is feasible to relocate a moss, lichen or vascular plant must be made by the person using the best available information with respect to the suitability of relocating that species, including information obtained from the Ministry. 9. The relocation of an animal or of a moss, lichen or vascular plant in accordance with paragraph 5 or 7 must be undertaken by, or in consultation with, a person who is knowledgeable about, or has training in, the handling of the species. 10. Within two years of the day the person submitted the notice of activity form to the Minister under paragraph 1 of subsection (7), the person shall begin to take steps to, i. restore any habitat of the species that is damaged or destroyed by the activity, to the extent that it is feasible to do so, or ii. create habitat for the species or enhance any existing habitat for the species in an area that is in the same ecoregion as the habitat that was damaged or destroyed by the activity and in a manner that minimizes the overall loss of habitat for the species resulting from the activity. 11. The person must not carry out any part of the activity in an area that is being used, or has been used at any time in the previous three years, by caribou (boreal population) to carry out a life process related to reproduction, including rearing. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (8); O. Reg. 308/16, s. 9 (6); O. Reg. 328/22, s. 3 (6). (9) A mitigation plan must be prepared and updated by one or more persons with expertise in relation to every relevant species that is the subject of the plan, 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. 176/13, s. 14; O. Reg. 179/14, s. 7 (9). (10) A mitigation plan prepared in respect of a Table 1 activity must include the following information: 1. The following information with respect to the activity: i. a description of the activity, 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 the stages, and iv. a map indicating the geographic location of the property on which the activity will occur. 2. A list of the relevant species that will likely suffer adverse effects as a result of the activity and an assessment of the activity’s likely effects on the local population of each relevant species. 3. Details on the steps the person will take to minimize adverse effects of the activity on the species identified in paragraph 2, including, i. a description of each step to be taken and the dates and locations at which the steps will be taken, ii. the times during the year at which a species identified under paragraph 2 is likely to be carrying out a life process related to hibernation or reproduction, including rearing, and at which activities that are likely to kill, harm or harass a member of the species, or damage or destroy its habitat, must not be carried out. 4. Details regarding the monitoring the person plans to conduct to assess the effects of the activity on members of the species identified under paragraph 2 and the effectiveness of steps taken to minimize adverse effects on the species. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (10); O. Reg. 328/22, s. 3 (7). (11) If a person proposes to carry out a development activity described in item 15 of Table 1 of this section and the issuance of a renewable energy approval under Part V.0.1 of the Environmental Protection Act has not occurred on or before the prohibition date for a relevant species that may be adversely affected by the activity, the person must prepare a mitigation plan in respect of the activity before, (a) in the case of a person who has submitted an application for the renewable energy approval on or before the prohibition date, the day the renewable energy approval is issued; or (b) in the case of a person who has not submitted an application for the renewable energy approval on or before the prohibition date, the day the person submits the application. O. Reg. 328/22, s. 3 (8). (12) A person who prepares a mitigation plan under subsection (11) shall ensure that the following conditions are satisfied: 1. The person must submit the mitigation plan to the Minister promptly after it is prepared. 2. The Minister must approve the mitigation plan, subject to subsection (13). 3. The person must receive written notice of the approval of the Minister. O. Reg. 176/13, s. 14. (13) The Minister may refuse to approve a mitigation plan submitted under subsection (12) if, in his or her opinion, (a) the mitigation plan has not been prepared by one or more persons with expertise in relation to every relevant species that is the subject of the plan, using the best available information; or (b) the steps set out in the mitigation plan may not be sufficient to, (i) restore any habitat of the relevant species that is damaged or destroyed by the Table 1 activity, to the extent that it is feasible to do so, (ii) create habitat for the relevant species or enhance any existing habitat for the relevant species in a manner that minimizes the overall loss of habitat for the relevant species resulting from the Table 1 activity, or (iii) otherwise effectively minimize the adverse effects of the Table 1 activity on the relevant species. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (11); O. Reg. 328/22, s. 3 (9). (14) An annual report referred to in paragraph 9 of subsection (7) shall document, and assess the effectiveness of, the steps taken by the person in the previous calendar year to minimize adverse effects of a Table 1 activity described in a notice of activity form submitted under paragraph 1 of subsection (7) on the relevant species identified in the notice of activity form, including the locations where the steps were taken. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (12); O. Reg. 831/21, s. 11 (2); O. Reg. 328/22, s. 3 (10). (15) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a relevant species if, (a) pursuant to subsection (5) or (6), clause 9 (1) (a) or subsection 10 (1) of the Act did not apply with respect to the species or its habitat; or (b) the possession or transport of the member of the species is necessary in order to satisfy the conditions set out in subsection (7). O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (13). (16) Subsection 10 (1) of the Act does not apply to a person who damages or destroys the habitat of a relevant species while carrying out the undertaking described in the order made under section 3.2 of the Environmental Assessment Act and approved by Order in Council 2174/99 on December 8, 1999 with respect to hydroelectric facilities on the Mattagami River if the person satisfies the conditions set out in subsection (7). O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (14). (17) Clause 9 (1) (a) of the Act does not apply to a person who kills, harms, harasses, captures or takes a living member of a relevant species, other than a transition species while carrying out the undertaking described in the order made under section 3.2 of the Environmental Assessment Act and approved by Order in Council 2174/99 on December 8, 1999 with respect to hydroelectric facilities on the Mattagami River if the person satisfies the conditions set out in subsection (7). O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (15). (18) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a relevant species if, (a) pursuant to subsection (16) or (17), clause 9 (1) (a) or subsection 10 (1) of the Act did not apply with respect to the species or its habitat; or (b) the possession or transport of the member of the species is necessary in order to satisfy the conditions set out in subsection (7). O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (16). (19) Clause 10 (1) (a) of the Act does not apply to a person who damages or destroys the habitat of a transition species after June 30, 2013 while carrying out a Table 1 activity that was authorized by a permit issued under section 17 of the Act before June 30, 2013 if, (a) the permit is still in effect; and (b) the activity is carried out in accordance with the conditions of the permit. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 7 (17); O. Reg. 328/22, s. 3 (11). Table 1   activities and Regulatory conditions Column 1   Item   Column 2   Activity   Column 3   Regulatory Condition 

  1.   Constructing drainage works under an agreement under subsection 2 (2) of the Drainage Act   Filing of agreement under subsection 2 (2) of the Drainage Act 

  2.   Constructing drainage works in respect of which an engineer’s report was adopted under subsection 45 (1) of the Drainage Act   Adoption of engineer’s report under subsection 45 (1) of the  Drainage Act 

  3.   Laying down highways and lots upon the ground within a plan of subdivision under the authority of subsection 51 (57) of the Planning Act   Approval of the draft plan of subdivision under the Planning Act 

  4.   Development of land within a plan of subdivision approved under the Planning Act, including a plan of subdivision registered under the Registry Act or the Land Titles Act   Approval of draft plan of subdivision under the Planning Act 

  5.   Development in an area designated as a site plan control area under subsection 41 (2) of the Planning Act and in respect of which appropriate approvals have been obtained under subsection 41 (4) of that Act   Granting of appropriate approvals under the Planning Act 

  6.   Development that is authorized by a development permit issued under Ontario Regulation 608/06 (Development Permits) made under the Planning Act after 2005   Issuance of development permit 

  7.   Development that is authorized by a community planning permit system established in accordance with section 70.2 of the Planning Act.   Issuance of community planning permit 

  8.   Development of a unit within the meaning of the Condominium Act, 1998, including a unit in respect of which a declaration and description are registered under the Land Titles Act, in respect of which a declaration and description are approved or exempted under section 9 of the Condominium Act, 1998   Approval or exemption of declaration and description 

  9.   Carrying out an undertaking in respect of which approval to proceed was given under Part II of the Environmental Assessment Act   Granting of approval to proceed with the undertaking 

  10.   Carrying out an undertaking to which a class environmental assessment approved under Part II.1 of the Environmental Assessment Act applies and in respect of which the requirements that are necessary to proceed with the undertaking under the class environmental assessment have been satisfied   Meeting the necessary requirements 

  11.   Carrying out a transit project, as defined in subsection 1 (1) of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Environmental Assessment Act, in respect of which the Minister has given a notice to proceed with the transit project under clause 12 (1) (a) or (c) of Ontario Regulation 231/08   Giving of notice to proceed with the transit project 

  12.   Carrying out an undertaking that is designated as an undertaking to which the Environmental Assessment Act applies under Ontario Regulation 116/01 (Electricity Projects) made under that Act, that is required under that regulation to be carried out in accordance with the Environmental Screening Process described in that regulation and in respect of which all the requirements of the Environmental Screening Process that are necessary to proceed with the undertaking have been satisfied   Meeting all the necessary requirements of the Environmental Screening Process 

  13.   Carrying out an undertaking that is designated as an undertaking to which the Environmental Assessment Act applies under Ontario Regulation 101/07 (Waste Management Projects) made under that Act, that is required under that regulation to be carried out in accordance with the Environmental Screening Process for Waste Management Projects described in that regulation and in respect of which all the requirements of the Environmental Screening Process for Waste Management Projects that are necessary to proceed with the undertaking have been satisfied   Meeting all the necessary requirements of the Environmental Screening Process for Waste Management Projects 

  14.   Constructing a hydrocarbon line or station under the authority of an order made under Part VI of the Ontario Energy Board Act, 1998   Making the order under Part VI of the Ontario Energy Board Act, 1998 

  15.   Constructing a renewable energy generation facility under the authority of, and in accordance with, a renewable energy approval issued under Part V.0.1 of the Environmental Protection Act   Issuance of the renewable energy approval under Part V.0.1 of the Environmental Protection Act 

  16.   An activity described in section 3 of Ontario Regulation 350/12 (Registrations under Part II.2 of the Act — Solar Facilities) made under the Environmental Protection Act in respect of which a confirmation of registration has been provided under section 20.22 of that Act by the Director appointed under section 5 of that Act   Provision of confirmation of registration under section 20.22 of the Environmental Protection Act 

  17.   Advanced exploration carried out under Part VII of the Mining Act in respect of which the Director of Mine Rehabilitation has issued a written confirmation of filing of a closure plan under clause 140 (2) (a) of that Act   Receipt of written confirmation from the Director of Mine Rehabilitation 

  18.   Mine production carried out under Part VII of the Mining Act in respect of which the Director of Mine Rehabilitation has issued a written confirmation of filing of a closure plan under clause 141 (2) (a) of that Act   Receipt of written confirmation from the Director of Mine Rehabilitation 

  19.   Rehabilitation of a mine hazard in compliance with a closure plan submitted pursuant to an order made under subsection 147 (1) of the Mining Act   Filing of closure plan 

  20.   Voluntary rehabilitation of a mine hazard that was approved by the Director of Mine Rehabilitation under section 139.2 of the Mining Act   Granting of approval by the Director of Mine Rehabilitation O. Reg. 328/22, s. 3 (12). Table 2   Relevant Species Column 1   Item   Column 2   Year of Listing   Column 3   Species Grouping   Column 4   Common Name   Column 5   Scientific Name 

  1.   Prior to 2013   Vascular Plants   American Chestnut   Castanea dentata 

  2.   Prior to 2013   Vascular Plants   American Columbo   Frasera caroliniensis 

  3.   Prior to 2013   Vascular Plants   American Ginseng   Panax quinquefolius 

  4.   Prior to 2013   Vascular Plants   American Water-willow   Justicia americana 

  5.   Prior to 2013   Vascular Plants   Branched Bartonia   Bartonia paniculata 

  6.   Prior to 2013   Vascular Plants   Bluehearts   Buchnera americana 

  7.   Prior to 2013   Vascular Plants   Butternut   Juglans cinerea 

  8.   Prior to 2013   Vascular Plants   Cherry Birch   Betula lenta 

  9.   Prior to 2013   Vascular Plants   Colicroot   Aletris farinosa 

  10.   Prior to 2013   Vascular Plants   Deerberry   Vaccinium stamineum 

  11.   Prior to 2013   Vascular Plants   Dense Blazing Star   Liatris spicata 

  12.   Prior to 2013   Vascular Plants   Dwarf Hackberry   Celtis tenuifolia 

  13.   Prior to 2013   Vascular Plants   Eastern False Rue-anemone   Enemion biternatum 

  14.   Prior to 2013   Vascular Plants   Forked Three-awned Grass   Aristida basiramea 

  15.   Prior to 2013   Vascular Plants   Gattinger’s Agalinis   Agalinis gattingeri 

  16.   Prior to 2013   Vascular Plants   Hill’s Thistle   Cirsium hillii 

  17.   Prior to 2013   Vascular Plants   Houghton’s Goldenrod   Solidago houghtonii 

  18.   Prior to 2013   Vascular Plants   Kentucky Coffee-tree   Gymnocladus dioicus 

  19.   Prior to 2013   Vascular Plants   Lakeside Daisy   Tetraneuris herbacea 

  20.   Prior to 2013   Vascular Plants   Lowland Toothcup   Rotala ramosior 

  21.   Prior to 2013   Vascular Plants   Round-leaved Greenbrier   Smilax rotundifolia 

  22.   Prior to 2013   Vascular Plants   Scarlet Ammannia   Ammannia robusta 

  23.   Prior to 2013   Vascular Plants   Small-flowered Lipocarpha   Cyperus subsquarrosus 

  24.   Prior to 2013   Vascular Plants   White Prairie Gentian   Gentiana alba 

  25.   Prior to 2013   Vascular Plants   White Wood Aster   Eurybia divaricata 

  26.   Prior to 2013   Vascular Plants   Wild Hyacinth   Camassia scilloides 

  27.   Prior to 2013   Vascular Plants   Willowleaf Aster   Symphyotrichum praealtum 

  28.   Prior to 2013   Molluscs   Kidneyshell   Ptychobranchus fasciolaris 

  29.   Prior to 2013   Molluscs   Mapleleaf    Quadrula quadrula 

  30.   Prior to 2013   Molluscs   Northern Riffleshell   Epioblasma torulosa rangiana 

  31.   Prior to 2013   Molluscs   Rayed Bean   Villosa fabalis 

  32.   Prior to 2013   Molluscs   Round Hickorynut   Obovaria subrotunda 

  33.   Prior to 2013   Molluscs   Round Pigtoe   Pleurobema sintoxia 

  34.   Prior to 2013   Molluscs   Salamander Mussel   Simpsonaias ambigua 

  35.   Prior to 2013   Molluscs   Snuffbox   Epioblasma triquetra 

  36.   Prior to 2013   Insects   Aweme Borer Moth   Papaipema aweme 

  37.   Prior to 2013   Fishes   American Eel   Anguilla rostrata 

  38.   Prior to 2013   Fishes   Black Redhorse   Moxostoma duquesnei 

  39.   Prior to 2013   Fishes   Channel Darter   Percina copelandi 

  40.   Prior to 2013   Fishes   Cutlip Minnow   Exoglossum maxillingua 

  41.   Prior to 2013   Fishes   Lake Chubsucker   Erimyzon sucetta 

  42.   Prior to 2013   Fishes   Northern Madtom   Noturus stigmosus 

  43.   Prior to 2013   Fishes   Shortjaw Cisco   Coregonus zenithicus 

  44.   Prior to 2013   Fishes   Shortnose Cisco   Coregonus reighardi 

  45.   Prior to 2013   Fishes   Spotted Gar   Lepisosteus oculatus 

  46.   Prior to 2013   Amphibians   Allegheny Mountain Dusky Salamander   Desmognathus ochrophaeus 

  47.   Prior to 2013   Amphibians   Small-mouthed Salamander   Ambystoma texanum 

  48.   Prior to 2013   Reptiles   Blanding’s Turtle   Emydoidea blandingii 

  49.   Prior to 2013   Reptiles   Eastern Hog-nosed Snake   Heterodon platirhinos 

  50.   Prior to 2013   Reptiles   Massasauga (Great Lakes/ St. Lawrence population)   Sistrurus catenatus 

  51.   Prior to 2013   Reptiles   Spiny Softshell   Apalone spinifera 

  52.   Prior to 2013   Reptiles   Spotted Turtle   Clemmys guttata 

  53.   Prior to 2013   Birds   Acadian Flycatcher   Empidonax virescens 

  54.   Prior to 2013   Birds   Least Bittern   Ixobrychus exilis 

  55.   Prior to 2013   Birds   Northern Bobwhite   Colinus virginianus 

  56.   Prior to 2013   Mammals   Caribou (Boreal population)   Rangifer tarandus 

  57.   Prior to 2013   Mammals   Gray Fox   Urocyon cinereoargenteus 

  58.   Prior to 2013   Mammals   Wolverine   Gulo gulo 

  59.   2013   Fishes   Pugnose Minnow   Opsopoeodus emiliae 

  60.   2013   Fishes   Silver Chub   Macrhybopsis storeriana 

  61.   2013   Birds   Yellow-breasted Chat   Icteria virens 

  62.   2013   Mammals   Little Brown Myotis   Myotis lucifugus 

  63.   2013   Mammals   Northern Myotis   Myotis septentrionalis 

  64.   2014   Molluscs   Lilliput   Toxolasma parvum 

  65.   2014   Molluscs   Threehorn Wartyback   Obliquaria reflexa 

  66.   2014   Birds   Bank Swallow   Riparia riparia 

  67.   2014   Mammals   Eastern Small-footed Myotis   Myotis leibii 

  68.   2016   Vascular Plants   Blue Ash   Fraxinus quadrangulata 

  69.   2016   Mammals   Algonquin Wolf   Canis sp. 

  70.   2016   Mammals   Tri-colored Bat   Perimyotis subflavus 

  71.   2017   Birds   Louisiana Waterthrush   Parkesia motacilla 

  72.   2022   Vascular Plants   Black Ash   Fraxinus nigra 

  73.   2022   Birds   Hudsonian Godwit   Limosa haemastica 

  74.   2022   Birds   Red-headed Woodpecker   Melanerpes erythrocephalus O. Reg. 328/22, s. 3 (12). Tables 3-5 Revoked: O. Reg. 328/22, s. 3 (12).