Ecosystem protection
 23.11 (1) This section applies with respect to an activity consisting of ecological conservation work that is carried out for the purpose of protecting, maintaining, enhancing or restoring an ecosystem native to Ontario, other than an ecosystem described in subsection (2), if the activity is carried out by or on behalf of one of the following entities: 1. A conservation authority established under the Conservation Authorities Act. 2. A municipality. 3. The Ministry. 4. A band as defined in the Indian Act
(Canada). 5. A post-secondary institution that is a member of the Association of Universities and Colleges of Canada. 6. A corporation incorporated under the Not-for-Profit Corporations Act, 2010 or a predecessor of that Act or under the Not-for-Profit Corporations Act, 2011 (Canada) or a predecessor of that Act, if the corporation has among its primary objectives natural heritage conservation, ecological conservation or a similar objective. 7. A corporation that is a registered charity under the Income Tax Act  (Canada) if the corporation has among its primary objectives natural heritage conservation, ecological conservation or a similar objective. 8. A trustee of a charitable foundation that is a registered charity under the Income Tax Act (Canada) if the foundation has among its primary objectives natural heritage conservation, ecological conservation or a similar objective. O. Reg. 176/13, s. 14. (2) This section does not apply to an activity that is carried out for the purpose of protecting, maintaining, enhancing or restoring an ecosystem in the following areas: 1. An area belonging to any of the following community classes, as identified under the land classification system for southern Ontario: i. A fen. ii. A bog. iii. A sand barren or dune. iv. A beach bar. v. An alvar. vi. A cliff. vii. A talus. 2. 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 1 i to vii if it were situated in a part of southern Ontario to which the classification system applies. O. Reg. 176/13, s. 14. (3) Revoked: O. Reg. 323/13, s. 5. (4) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who kills, harms, harasses, captures or takes a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, or damages or destroys its habitat, while carrying out an activity described in subsection (1) if the entity referred to in subsection (1) who carries out the activity, or on whose behalf the activity is carried out, satisfies all of the conditions set out in subsection (6). O. Reg. 176/13, s. 14. (5) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if, (a) pursuant to subsection (4), clause 9 (1) (a) of the Act did not apply with respect to the member of the species; or (b) the possession or transport of the member of the species is necessary in order to satisfy the conditions set out in subsection (6). O. Reg. 176/13, s. 14. (6) The following are the conditions that an entity referred to in subsection (1) must satisfy for the purposes of subsection (4): 1. Before commencing an activity described in subsection (1), the entity must, i. subject to subsection (7), 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. subject to subsection (8), prepare a mitigation plan in accordance with subsections (9) and (10) to identify the steps that will be taken, A. to minimize the adverse effects of the activity on the species identified in the notice of activity form, and B. to monitor the effectiveness of the steps referred to in sub-subparagraph A. 2. The notice of activity form shall include, 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. a list of all the species that are listed on the Species at Risk in Ontario List as endangered or threatened species and that will be affected by the activity. 3. The entity 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. While carrying out the activity, the entity must, i. comply with the requirements of the mitigation plan, and ii. ensure that reasonable steps are taken to minimize the adverse effects of the activity on the species identified in the notice of activity form, including the steps described in subsection (12), and such other steps as may be described in the mitigation plan. 5. The entity must, i. retain a copy of the mitigation plan until at least five years after the activity is complete, ii. provide a copy of the mitigation plan to the Ministry within 14 days of receiving a request for it, and iii. 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 6. 6. While carrying out the activity, the entity shall ensure that the following is monitored: i. the effects of the activity on each species identified in the notice, and ii. the effectiveness of the steps taken to minimize adverse effects on each species. 7. Within 180 days of the completion of the activity, the entity must prepare a report in accordance with subsection (13) and thereafter the entity must, i. retain a copy of the report for at least five years after it is prepared, and ii. provide a copy of the report to the Ministry within 14 days of receiving a request for it. 8. If an employee or agent of the entity observes a species identified in the notice of activity form in the course of carrying out the activity, the entity must ensure that the employee or agent, within three months of the observation, completes the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario 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. 176/13, s. 14; O. Reg. 218/18, s. 9; O. Reg. 831/21, s. 17. (7) If a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species first appears in an area in which an entity is carrying out an activity described in subsection (1) after the activity is commenced, the notice of activity form required under subparagraph 1 i of subsection (6) may, for the purposes of subsections (4) and (5), be provided after a member of the species is killed, harmed, harassed, captured or taken, or its habitat is damaged or destroyed, so long as the entity submits the notice of activity form to the Minister in accordance with subparagraph 1 i of subsection (6) as soon as is reasonably possible after the date the species first appears, and in no case later than 30 days after that date. O. Reg. 176/13, s. 14. (8) If a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species first appears in an area in which an entity is carrying out an activity described in subsection (1) after the activity is commenced, and the activity is likely to continue thereafter for at least another 60 days, the entity is not required to complete the preparation of a mitigation plan relating to that species until 60 days after the day the species first appeared in the area. O. Reg. 176/13, s. 14. (9) A mitigation plan shall be prepared and updated by one or more persons with expertise in relation to every 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. (10) A mitigation plan shall include the following information: 1. The following information with respect to the activity identified in the notice of activity form submitted under subparagraph 1 i of subsection (6) that an entity referred to in subsection (1) proposes to carry out: i. a description of the activity and its 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 the stages, and iv. a map indicating the geographic location of the property on which the activity will occur. 2. A list of species that are listed on the Species at Risk in Ontario List as endangered or threatened species that will likely suffer adverse effects as a result of the activity and an assessment of those effects on the local population of each species. 3. With respect to each species identified under paragraph 2, a written opinion prepared by a person with expertise in relation to the species and stating that the activity is not likely to have an enduring adverse effect on a local population of the species, and in particular will not have either of the following adverse effects: i. An overall decrease in the number of members of a local population of the species over the period of time commencing on the date the person gives notice, and ending on the earlier of, A. the end of the period of time it is expected to take three generations of the species to be born and die off after the date the notice is given, and B. ten years after the date the person gives notice. ii. The elimination of conditions that are necessary to allow members of a local population of the species to move through an area that, A. is contiguous to the area that is the habitat of that local population and to areas that are the habitat of one or more other local populations of the species, and B. provides conditions that are suitable for foraging, dispersal or migration. 4. Detailed plans on the steps an entity referred to in subsection (1) will take during the activity to minimize the adverse effects on the species identified under paragraph 2, including, i. details of the steps described in subsection (12), including the times, locations and methods applicable to each step, 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 should not be carried out. 5. Details regarding the steps an entity referred to in subsection (1) will ensure are taken to monitor 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. (11) In paragraph 3 of subsection (10), “local population”, with respect to a species, means a geographically distinct group of the species that has little demographic or genetic exchange with other groups of the species in Ontario. O. Reg. 176/13, s. 14. (12) The following are the steps that an entity referred to in subsection (1) must take to minimize the adverse effects of the activity described in the notice of activity form submitted under subparagraph 1 i of subsection (6) on the species identified in the form: 1. The entity must ensure that the activity is carried out by or under the supervision of a person with expertise in the type of ecological conservation work involved in the activity. 2. The entity must ensure that the entity’s employees, agents and contractors receive training on the following subjects before carrying out any part of the activity that is likely to affect the species identified in the form: i. a list of the species identified in the form that are present in the area where the activity is carried out, ii. how to identify the species and their habitat, iii. potential threats posed to the species and their habitat by the activity, and iv. the steps that must be taken under paragraphs 3 to 14 to minimize adverse effects of the activity on individual members of the species. 3. The entity must ensure that a person acting on its behalf takes reasonable steps to avoid killing, harming or harassing members of a species identified in the form during a time of year when the species are likely to be carrying out a life process related to hibernation or reproduction, including rearing. 4. The entity must ensure that reasonable steps are taken to control erosion and sediment, and to stabilize banks, in any area of water affected by the activity if, i. the area is the habitat of a species identified in the form, or ii. a member of a species referred to in subparagraph i is likely to be present in the area. 5. If carrying out the activity would pose a risk to members of a species identified in the form who might enter the area of the activity, the entity must ensure that reasonable steps are taken to prevent the members of the species from entering the area, including, if appropriate, installing temporary fencing around the area. 6. The entity must ensure that, if a person carrying out the activity encounters an animal that is a member of a species identified in the form in the course of carrying out the activity, the person ceases carrying out the activity in the area of the encounter and provides the animal with a reasonable amount of time to leave the area before continuing the activity. 7. If, after providing an animal with a reasonable amount of time in accordance with paragraph 6 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. 8. If a person carrying out the activity 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 entity must ensure that the person, i. ceases the activity in the area of the encounter, ii. installs and maintains barriers or other structures to create a protective zone around the species, and iii. after establishing the protective zone referred to in subparagraph ii, continues the activity in a manner that does not impair the ability of the species to carry out its life processes, including reproduction. 9. If it is necessary to kill or harm a moss, lichen or vascular plant referred to in paragraph 8 for the purpose of carrying out the activity, the entity must ensure that the person carrying out the activity relocates 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. 10. The determination under paragraph 9 as to whether it is feasible to relocate a moss, lichen or vascular plant must be made by the entity using the best available information with respect to the suitability of relocating that species, including information obtained from the Ministry. 11. The relocation of an animal or of a moss, lichen or vascular plant in accordance with paragraph 7 or 9 must be undertaken by, or in consultation with, a person who is knowledgeable about, or has training in, the handling of the species. 12. If a member of a species is relocated in accordance with paragraph 7 or 9, the entity, or a person carrying out the activity on the entity’s behalf, must not possess the member for longer than is necessary to carry out the relocation, and in no case longer than seven days. 13. If the activity is carried out in only a part of the habitat of a species identified in the form, the entity must ensure that steps are taken to avoid impairing the ability of members of the species to move within and between other parts of the habitat that the species depends on to carry out life processes related to hibernation or reproduction, including rearing. 14. The entity must ensure that reasonable steps are taken to avoid the spread of disease, i. among the species identified in the notice, and ii. between the species identified in the notice and any other species. O. Reg. 176/13, s. 14. (13) The report referred to in paragraph 7 of subsection (6) must include, (a) a description of the reasonable steps taken by the person carrying out the activity described in the notice of activity form submitted under subparagraph 1 i of subsection (6) to minimize the adverse effects of the activity on the species identified in the notice of activity form, including the locations in which, and times at which, the steps were taken, the methods according to which the steps were taken and an assessment of the effectiveness of those steps; and (b) a summary of the results of the activity, including a detailed assessment of the extent to which the activity assisted with protecting, maintaining, enhancing or restoring the ecosystem native to Ontario that was the object of the activity, with recommendations for how similar activity may be conducted in the future. O. Reg. 176/13, s. 14.