jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are: 1.  To identify species at risk based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge. 2.  To protect species that are at risk and their habitats, and to promote the recovery of species that are at risk. 3.  To promote stewardship activities to assist in the protection and recovery of species that are at risk.  2007, c. 6, s. 1.
3 (1) The committee known in English as the Committee on the Status of Species at Risk in Ontario and in French as Comité de détermination du statut des espèces en péril en Ontario is continued.  2007, c. 6, s. 3 (1). Composition (2) COSSARO shall be composed of such number of members as may be appointed by the Lieutenant Governor in Council.  2007, c. 6, s. 3 (2). Chair (3) The Lieutenant Governor in Council shall designate one of the members as chair of COSSARO.  2007, c. 6, s. 3 (3). Qualifications (4) A person may be appointed to COSSARO only if the Minister considers that the person has relevant expertise that is drawn from, (a)  a scientific discipline such as conservation biology, ecology, genetics, population dynamics, taxonomy, systematics or wildlife management; or (b)  community knowledge or aboriginal traditional knowledge. 2007, c. 6, s. 3 (4); 2019, c. 9, Sched. 5, s. 2. Independence (5) The members of COSSARO shall perform their functions in an independent manner, and not as representatives of their employers or of any other person or body.  2007, c. 6, s. 3 (5). Lobbying (6) A member of COSSARO shall not, with respect to any matter related to this Act, (a)  act as a consultant lobbyist within the meaning of subsection 4 (10) of the Lobbyist Registration Act, 1998; or (b)  act as an in-house lobbyist within the meaning of subsection 5 (7) or 6 (5) of the Lobbyist Registration Act, 1998.  2007, c. 6, s. 3 (6). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 2 - 01/07/2019
4 (1) COSSARO shall perform the following functions: 1.  Subject to section 5, maintain criteria for assessing and classifying species. 2.  Maintain and prioritize a list of species that should be assessed and classified, including species that should be reviewed and, if appropriate, reclassified. 3.  Subject to section 8, assess, review and classify species in accordance with the list maintained under paragraph 2. 4.  Submit reports to the Minister in accordance with this Act. 5.  Provide advice to the Minister on any matter submitted to COSSARO by the Minister. 6.  Perform any other function required under this or any other Act.  2007, c. 6, s. 4 (1). List of species to be assessed (2) COSSARO shall ensure that the list referred to in paragraph 2 of subsection (1) includes every Ontario species that, (a)  has been classified by the Committee on the Status of Endangered Wildlife in Canada as extirpated, endangered, threatened or of special concern under the Species at Risk Act
(Canada); and (b)  has not yet been assessed by COSSARO.  2007, c. 6, s. 4 (2). Information for Minister (3) COSSARO shall ensure that the Minister is provided with up to date copies of the criteria referred to in paragraph 1 of subsection (1) and the list referred to in paragraph 2 of subsection (1).  2007, c. 6, s. 4 (3).
5 (1) For the purposes of this Act, COSSARO shall classify species in accordance with the following rules: 1.  A species shall be classified as an extinct species if it no longer lives anywhere in the world. 2.  A species shall be classified as an extirpated species if it lives somewhere in the world, lived at one time in the wild in Ontario, but no longer lives in the wild in Ontario. 3.  A species shall be classified as an endangered species if it lives in the wild in Ontario but is facing imminent extinction or extirpation. 4.  A species shall be classified as a threatened species if it lives in the wild in Ontario, is not endangered, but is likely to become endangered if steps are not taken to address factors threatening to lead to its extinction or extirpation. 5.  A species shall be classified as a special concern species if it lives in the wild in Ontario, is not endangered or threatened, but may become threatened or endangered because of a combination of biological characteristics and identified threats.  2007, c. 6, s. 5 (1). Geographic limitation (2) When COSSARO classifies a species, the classification shall be deemed to apply to all of Ontario unless COSSARO indicates that the classification applies only to a specified geographic area in Ontario.  2007, c. 6, s. 5 (2). Best available scientific information (3) COSSARO shall classify species based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge.  2007, c. 6, s. 5 (3). Criteria for classification (4) The criteria for assessing and classifying species as endangered, threatened or special concern species under paragraph 1 of subsection 4 (1) shall include considerations of, (a)  the species’ geographic range in Ontario; and (b)  the condition of the species across the broader biologically relevant geographic range in which it exists both inside and outside of Ontario. 2019, c. 9, Sched. 5, s. 3. Same (5) If consideration of the condition of the species both inside and outside of Ontario under clause (4) (b) would result in a species classification indicating a lower level of risk to the survival of the species than would result if COSSARO considered the condition of the species inside Ontario only, COSSARO’s classification of a species shall reflect the lower level of risk to the survival of the species. 2019, c. 9, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 3 - 01/07/2019 Reports by COSSARO
6 (1) Between January 1 and January 31 of each year, COSSARO shall submit an annual report to the Minister that sets out, (a)  the classification of each species that COSSARO has classified since its last annual report, as an extinct, extirpated, endangered, threatened or special concern species; and (b)  the reasons for the classification. 2019, c. 9, Sched. 5, s. 4. Same (2) The annual report may also state that, (a)  an assessment of a species indicates that it is not at risk; or (b)  there is insufficient information available to classify a species. 2019, c. 9, Sched. 5, s. 4. Additional reports (3) COSSARO shall not submit an additional report with respect to the classification of species to the Minister unless, (a)  the Minister has requested that COSSARO classify a species or reconsider its classification of a species under section 8; or (b)  COSSARO is of the opinion that a species that is not listed on the Species at Risk in Ontario List as extirpated, endangered or threatened, may be facing imminent extinction or extirpation. 2019, c. 9, Sched. 5, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 4 - 01/07/2019
7 (1) The Ministry official who holds the office designated under subsection (6) shall make and file a regulation that lists the following: 1.  All the species that are classified by COSSARO as extirpated species. 2.  All the species that are classified by COSSARO as endangered species. 3.  All the species that are classified by COSSARO as threatened species. 4.  All the species that are classified by COSSARO as special concern species.  2007, c. 6, s. 7 (1). Contents of regulation (2) The Ministry official shall ensure that the regulation contains the following information for each species: 1.  The common name and scientific name of the species. 2.  COSSARO’s classification of the species. 3.  If COSSARO indicated that the classification applies only to a specified geographic area, the area specified by COSSARO.  2007, c. 6, s. 7 (2). Amendments to regulation (3) The Ministry official shall make and file such amendments to the regulation as are required to ensure that the regulation accurately reflects new information reported to the Minister by COSSARO.  2007, c. 6, s. 7 (3). Same (4) For the purpose of subsection (3), if the Minister receives a report from COSSARO classifying or reclassifying a species, the Ministry official shall, not later than 12 months after the day the report is received, make and file an amendment to the regulation so that the regulation accurately reflects new information contained in the report.  2007, c. 6, s. 7 (4); 2019, c. 9, Sched. 5, s. 5 (1). Same (4.1) The 12-month period referred to in subsection (4) applies with respect to any report from COSSARO received by the Minister in 2019 before the day subsection 5 (1) of Schedule 5 of the More Homes, More Choice Act, 2019 comes into force. 2019, c. 9, Sched. 5, s. 5 (2). Commencement of regulations (5) A regulation under this section comes into force on the day it is filed.  2007, c. 6, s. 7 (5). Ministry official (6) The Minister shall, for the purposes of this section, designate an office within the Ministry that is held by a public servant.  2007, c. 6, s. 7 (6). (7)-(10) Repealed: 2019, c. 9, Sched. 5, s. 5 (3). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 5 (1-3) - 01/07/2019 Ministerial requirements
10 (1) No person shall damage or destroy the habitat of, (a)  a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species; or (b)  a species that is listed on the Species at Risk in Ontario List as an extirpated species, if the species is prescribed by the regulations for the purpose of this clause.  2007, c. 6, s. 10 (1). Specified geographic area (2) If the Species at Risk in Ontario List specifies a geographic area that a classification of a species applies to, subsection (1) only applies to that species in that area.  2007, c. 6, s. 10 (2). Exception, suspension of protections (3) If a species is listed on the Species at Risk in Ontario List as an endangered or threatened species for the first time, the application of the prohibition in clause (1) (a) with respect to the habitat of the species is subject to any order made under section 8.1. 2019, c. 9, Sched. 5, s. 9. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 9 - 01/07/2019
12 (1) The Minister shall ensure that a management plan is prepared for each species that is listed on the Species at Risk in Ontario List as a special concern species and the plan shall set out advice and recommendations to the Minister on approaches for the management of the species in Ontario. 2019, c. 9, Sched. 5, 11 (1). Application (2) Subsection (1) does not apply to a species for which the preparation of a recovery strategy or management plan is required under section 37 or 65 of the Species at Risk Act
(Canada).  2007, c. 6, s. 12 (2). Time limit (3) The Minister shall ensure that a management plan prepared under subsection (1) is made available to the public under section 51 not later than the fifth anniversary of the date the species is listed on the Species at Risk in Ontario List as a special concern species.  2007, c. 6, s. 12 (3). Same (4) Subsection (3) does not apply to a management plan if, before the time limit set out in subsection (3) expires, the Minister publishes a notice on a website maintained by the Government of Ontario that, (a)  states that the Minister is of the opinion that additional time is required to prepare the management plan because of, (i)  the complexity of the issues, (ii)  the desire to prepare the management plan in co-operation with one or more other jurisdictions, or (iii)  the desire to give priority to the preparation of recovery strategies or management plans for other species; (b)  sets out the Minister’s reasons for the opinion referred to in clause (a); and (c)  provides an estimate of when the preparation of the management plan will be completed.  2007, c. 6, s. 12 (4); 2019, c. 9, Sched. 5, s. 11 (2). (5)-(8) Repealed: 2019, c. 9, Sched. 5, 11 (3). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 11 (1-3)- 01/07/2019
12.1 (1) Where a recovery strategy or management plan is prepared under section 11 or 12, the Minister shall publish a statement that sets out the policy with respect to the actions that the Government of Ontario intends to take in response to the recovery strategy or management plan, and the Government’s priorities with respect to taking those actions. 2019, c. 9, Sched. 5, s. 12. Place of publication (2) A government response statement shall be published on a website maintained by the Government of Ontario. 2019, c. 9, Sched. 5, s. 12. Time limit (3) A government response statement shall be published within nine months after the recovery strategy or management plan is made available to the public, subject to subsection (4). 2019, c. 9, Sched. 5, s. 12. Same (4) The time limit in subsection (3) does not apply to a government response statement if, before the expiry of the nine months, the Minister publishes a notice on a website maintained by the Government of Ontario that, (a)  states that the Minister is of the opinion that additional time is required to prepare the statement; (b)  sets out the reasons for the Minister’s opinion; and (c)  provides an estimate of when the statement will be published. 2019, c. 9, Sched. 5, s. 12. Implementation (5) The Minister shall ensure the implementation of any actions referred to in a government response statement that, in the opinion of the Minister, are feasible and are within the responsibilities of the Minister. 2019, c. 9, Sched. 5, s. 12. Priorities (6) If government response statements have been published under this section in respect of more than one species, the Minister may, in implementing actions under subsection (5), determine the relative priority to be given to the implementation of actions referred to in those statements. 2019, c. 9, Sched. 5, s. 12. Feasibility (7) The Minister may consider social and economic factors in reaching his or her opinion on whether actions referred to in a government response statement are feasible for the purpose of subsection (5). 2019, c. 9, Sched. 5, s. 12. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 12 - 01/07/2019
12.2 (1) Where a government response statement is published under section 12.1 in response to a recovery strategy prepared in respect of a threatened, endangered or extirpated species, the Minister shall ensure that a review is conducted of the progress towards the  protection and recovery of the species. 2019, c. 9, Sched. 5, s. 12. Time limit (2) A review under subsection (1) shall be conducted no later than, (a)  the time specified in the government response statement; or (b)  if no time is specified in the government response statement, five years after the government response statement is published. 2019, c. 9, Sched. 5, s. 12. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 12 - 01/07/2019
13 A recovery strategy or management plan may be prepared under section 11 or 12 using an ecosystem approach.  2007, c. 6, s. 13.
14 A recovery strategy or management plan may be prepared under section 11 or 12 for more than one species, whether or not the species are part of the same ecosystem.  2007, c. 6, s. 14.
15 A recovery strategy or management plan prepared under section 11 or 12 may incorporate all or part of an existing plan that relates to the species.  2007, c. 6, s. 15. Agreements, Permits and Other Instruments
16 (1) The Minister may enter into agreements for the purpose of assisting in the protection or recovery of a species specified in the agreement that is listed on the Species at Risk in Ontario List.  2007, c. 6, s. 16 (1). Response to recovery strategy (2) Before entering into an agreement under this section, the Minister shall consider any government response statement that has been published under section 12.1 with respect to a recovery strategy for the species specified in the agreement.  2007, c. 6, s. 16 (2); 2019, c. 9, Sched. 5, s. 13. Authorization provided by agreement (3) An agreement under subsection (1) may authorize a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited by section 9 or 10.  2007, c. 6, s. 16 (3). Same (4) An authorization described in subsection (3) does not apply unless the party to the agreement who seeks to rely on the authorization complies with any requirements imposed on the party by the agreement.  2007, c. 6, s. 16 (4). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 13 - 01/07/2019
20.1 (1) A fund is hereby established under the name Species at Risk Conservation Fund in English and Fonds pour la conservation des espèces en péril in French, subject to any conditions that may be prescribed by the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Purpose of Fund (2) The purpose of the Fund shall be to provide for the funding of activities that are reasonably likely to protect or recover conservation fund species or support their protection or recovery. 2019, c. 9, Sched. 5, s. 18 (1). Designation of conservation fund species (3) The Minister may by regulation designate species that are listed on the Species at Risk in Ontario List as conservation fund species for the purpose of the Fund. 2019, c. 9, Sched. 5, s. 18 (1). Role of Agency (4) The Agency shall administer and manage the affairs of the Fund. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.2 (1) The Fund shall be constituted by the following money: 1.  Species conservation charges paid to the Agency in accordance with section 20.3. 2.  Funding provided to the Agency by the Crown. 3.  Donations made to the Agency. 4.  Revenue earned on money in the Fund and otherwise by the Agency. 5.  Refunds of money to the Agency. 6.  Money from sources prescribed by the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Money held by Agency (2) The Agency shall hold all Fund money it receives for the purposes of the Fund and shall not pay money out of the Fund except in accordance with sections 20.6 and 20.9. 2019, c. 9, Sched. 5, s. 18 (1). Money received by Agency (3) Fund money received or held by the Agency shall not form part of the Consolidated Revenue Fund. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.3 (1) The following persons shall pay a species conservation charge to the Agency: 1.  A person who is required to do so under a landscape agreement referred to in section 16.1. 2.  A person who is required to do so under a permit issued under section 17. 3.  A person who is authorized under section 18 to engage in an activity that would otherwise be prohibited under section 9 or 10 and who is required to pay the charge under the regulations made under subsection (3). 4.  A person who is required to do so under an agreement entered into under subsection 19 (1) or a permit issued under subsection 19 (3). 5.  A person who is exempted from all or some of the prohibitions in subsection 9 (1) or 10 (1) by the regulations made under clause 55 (1) (b) and is required to pay the charge as a condition of the exemption set out in the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Purpose of charge (2) The purpose of a species conservation charge is to carry out the purpose of the Fund. 2019, c. 9, Sched. 5, s. 18 (1). Prescribed species (3) A species conservation charge shall not be required of a person under this Act unless the person is authorized under an agreement, permit or regulation referred to in subsection (1) to do something that would otherwise have been prohibited under section 9 or 10 with respect to a conservation fund species. 2019, c. 9, Sched. 5, s. 18 (1). Amount of charge (4) The amount of a species conservation charge shall be prescribed by the regulations or determined in accordance with the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Payment of charge (5) A species conservation charge shall be paid to the Agency, (a)  at the time and in the manner that may be set by the regulations; or (b)  if the charge is required by a permit issued under section 17 or subsection 19 (3) or an agreement entered into under section 16.1 or subsection 19 (1), in accordance with the time and manner specified in the permit or agreement. 2019, c. 9, Sched. 5, s. 18 (1). Refund of charge (6) A species conservation charge may be fully or partially refunded by the Agency in accordance with the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.4 (1) The Lieutenant Governor in Council may, by regulation, establish a corporation without share capital to be known in English as the Species at Risk Conservation Trust and in French as Fiducie pour la conservation des espèces en péril. 2019, c. 9, Sched. 5, s. 18 (1). Constitution (2) The constitution of the Agency and its board of directors shall be in accordance with the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Crown agency (3) Subject to the regulations, the Agency is, for all its purposes, an agent of Her Majesty and its powers may be exercised only as an agent of Her Majesty. 2019, c. 9, Sched. 5, s. 18 (1). Employees (4) The Agency may employ or otherwise engage persons for the proper conduct of its activities, subject to the regulations or, if the regulations so provide, employees may be appointed under Part III of the Public Service of Ontario Act, 2006. 2019, c. 9, Sched. 5, s. 18 (1). Application of corporate Acts (5) The Corporations Act, the Corporations Information Act and the Not-for-Profit Corporations Act, 2010 do not apply to the Corporation, except as provided by the regulations. 2019, c. 9, Sched. 5, s. 18 (2). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019; 2019, c. 9, Sched. 5, s. 18 (2) - 19/10/2021 Powers
20.5 (1) The Agency shall have the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its objects, except as limited by this Act or the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Financial activities (2) The Agency shall not borrow money, invest funds or manage financial risks except in accordance with a by-law of the Agency that has been approved by the Minister of Finance. 2019, c. 9, Sched. 5, s. 18 (1). Co-ordination of certain financial activities (3) Subject to subsection (4), the Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risk of the Agency. 2019, c. 9, Sched. 5, s. 18 (1). Direction of Minister of Finance (4) The Minister of Finance may in writing direct a person other than the Ontario Financing Authority to perform the functions referred to in subsection (3). 2019, c. 9, Sched. 5, s. 18 (1). Same (5) A direction of the Minister of Finance under subsection (4) may be general or specific and may include terms and conditions that the Minister of Finance considers advisable. 2019, c. 9, Sched. 5, s. 18 (1). Loans, etc. to Agency (6) The Lieutenant Governor in Council may, by order, authorize the Minister of Finance to purchase securities of, or make loans to, the Agency in the amounts, at the times and on the terms determined by the Minister of Finance, subject to the maximum principal amount specified by the Lieutenant Governor in Council that may be purchased or advanced or that may be outstanding at the time. 2019, c. 9, Sched. 5, s. 18 (1). Same (7) The Minister of Finance may pay out of the Consolidated Revenue Fund any amount required for the purposes of subsection (6). 2019, c. 9, Sched. 5, s. 18 (1). Delegation of Minister’s authority (8) The Lieutenant Governor in Council may, by order, delegate all or part of the authority of the Minister of Finance under subsection (7) to a public servant who works in the Ministry of Finance, other than in the office of the Minister, or who works in the Ontario Financing Authority. 2019, c. 9, Sched. 5, s. 18 (1). Subsidiary corporation (9) The Agency shall not establish a subsidiary corporation, except as permitted by the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Commercial activity (10) The Agency shall not engage in commercial activity through an individual, corporation or other entity that is related to the Agency, to a member of its board of directors or to any of its officers, except as permitted by the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.6 (1) The Agency’s objects are to manage the Fund in accordance with the Fund’s purpose under subsection 20.1 (2) and, to this end, the Agency shall, (a)  receive all money from sources listed in subsection 20.2 (1) and deposit it into the Fund; (b)  determine which activities are eligible for funding from the Fund; (c)  enter into funding agreements with persons to ensure that the funded activities are carried out in accordance with the purpose of the Fund; (d)  administer and manage the money in the Fund; (e)  pay money out of the Fund in accordance with the purpose of the Fund, section 20.7, the guidelines established by the Minister under section 20.8, section 20.10 and the regulations; and (f)  to perform the duties and exercise the powers assigned to the Agency by this Act and the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Use of revenues (2) The Agency shall apply its revenues to carry out its objects and duties and for no other purpose. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.7 (1) Subject to subsection (2), the Agency may make payments out of the Fund to a person who wishes to carry out an activity only if, (a)  the purpose of the activity is consistent with the purpose of the Fund; and (b)  the activity is reasonably likely to contribute to or have one or more of the following results with respect to a conservation fund species: (i)  the abatement or reversal of a declining population trend, (ii)  an increase in the viability or resilience of an existing population of the species, (iii)  an increase in the distribution of the species within its natural range, or (iv)  an increase in the number of reproductively-capable individuals of the species living in the wild. 2019, c. 9, Sched. 5, s. 18 (1). Where government response statement published (2) If a government response statement has been published with respect to a conservation fund species under section 12.1, the Agency shall not make payments out of the Fund to carry out an activity with respect to that species unless, (a)  the requirements of subsection (1) are satisfied; and (b)  either of the following requirements are satisfied: (i)  the activity is consistent with the actions that are identified in the government response statement as actions the government intends to take, lead or support, or (ii)  the activity is not consistent with the actions described in subclause (i) but, according to the guidelines issued by the Minister under section 20.8, the activity is eligible to receive funding from the Fund. 2019, c. 9, Sched. 5, s. 18 (1). Same (3) The activities that are eligible for funding under subsection (1) include activities that, (a)  reduce threats to conservation fund species; (b)  expand, improve or secure the habitat of the conservation fund species; and (c)  contribute to the body of scientific information related to the species or its habitat, including information obtained from community knowledge and aboriginal traditional knowledge. 2019, c. 9, Sched. 5, s. 18 (1). Activities excluded from funding (4) The activities that are prescribed by the regulations are not eligible to receive funding from the Fund. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.8 (1) The Minister may establish written guidelines respecting activities that may receive funding from the Fund and the guidelines shall be consistent with the purpose of the Fund. 2019, c. 9, Sched. 5, s. 18 (1). Content (2) The guidelines may, (a)  establish objectives and priorities for funding; (b)  establish standards for activities that receive funding from the Fund; and (c)  set out activities with respect to a conservation fund species that are eligible to receive funding from the Fund, despite not meeting the requirements of subclause 20.7 (2) (b) (i). 2019, c. 9, Sched. 5, s. 18 (1). Compliance (3) The Agency shall determine eligibility for funding of activities in a manner that is consistent with the guidelines established by the Minister and published under subsection (5). 2019, c. 9, Sched. 5, s. 18 (1). Not a regulation (4) The guidelines established under this section is not a regulation under Part III of the Legislation Act, 2006. 2019, c. 9, Sched. 5, s. 18 (1). Publication (5) The Minister shall publish the guidelines on a website maintained by the Government of Ontario and the Agency shall publish the guidelines on a website maintained by the Agency. 2019, c. 9, Sched. 5, s. 18 (1). Not an undertaking (6) For greater certainty, the guidelines and any revisions to it are not undertakings within the meaning of the Environmental Assessment Act. 2019, c. 9, Sched. 5, s. 18 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20.8 (6) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 50) Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019 2020, c. 18, Sched. 6, s. 50 - not in force
20.9 (1) If the Minister considers it advisable in the public interest to do so, the Minister may issue directions to the Agency relating to the governance and administration of the Agency or the administration or management of the Fund. 2019, c. 9, Sched. 5, s. 18 (1). Exception (2) Despite subsection (1), the Minister shall not give directions on, (a)  matters relating to the borrowing of money, the investment of funds or the managing of financial risks; or (b)  matters that may be subject to guidelines under section 20.8. 2019, c. 9, Sched. 5, s. 18 (1). Notice (3) The Minister shall give the Agency the notice that the Minister considers reasonable in the circumstances before issuing a direction. 2019, c. 9, Sched. 5, s. 18 (1). Compliance (4) The Agency shall comply with any directions issued by the Minister within the time specified in the direction. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.10 In addition to any activities funded by the Fund, the Agency may make payments out of the Fund for the purpose of, (a)  funding the administration and operation of the Agency; (b)  reimbursing the Crown for expenditures incurred by the Crown in relation to establishing the Agency or for any funding advanced by the Crown from time to time; and (c)  refunding species conservation charges in accordance with the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.11 (1) The Minister and the Agency shall enter into an operating agreement with respect to the Agency in accordance with this section. 2019, c. 9, Sched. 5, s. 18 (1). Contents (2) The operating agreement shall deal with matters that the Minister considers advisable in the public interest relating to carrying out the Agency’s objects under this Act, including matters relating to its governance and operations. 2019, c. 9, Sched. 5, s. 18 (1). Amendment (3) The Minister may, at any time, serve notice on the Agency that an amendment to the operating agreement is required. 2019, c. 9, Sched. 5, s. 18 (1). Same (4) An amendment shall be agreed on by the Minister and the Agency within 180 days after notice is served under subsection (3), or within a longer period that the Minister, before or after the expiry of the 180-day period, may in writing allow. 2019, c. 9, Sched. 5, s. 18 (1). Availability to public (5) The Agency shall make the operating agreement available to the public on a website maintained by the Agency. 2019, c. 9, Sched. 5, s. 18 (1). Implementation (6) The Agency shall carry out its objects and duties in a manner that is consistent with the operating agreement. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.12 The Agency’s fiscal year shall be as prescribed by the regulations. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.13 (1) On or before a date set out in the operating agreement, the Agency shall adopt and submit to the Minister a business plan for the implementation of its objects during a fiscal year specified in the operating agreement. 2019, c. 9, Sched. 5, s. 18 (1). Contents (2) The business plan shall include any information that is required by the operating agreement or requested by the Minister. 2019, c. 9, Sched. 5, s. 18 (1). Availability to public (3) The Agency shall make each business plan available to the public on a website maintained by the Agency in accordance with the operating agreement. 2019, c. 9, Sched. 5, s. 18 (1). First business plan (4) Within the first year after of the day the Agency is established by regulation, the Minister may require the Agency to adopt and submit to the Minister a business plan for the implementation of its objects for the remainder of the calendar year and the business plan shall contain the information specified by the Minister. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.14 (1) The Minister may require that reviews be carried out of the Agency, of its operations, or of both, including, without limitation, performance, governance, accountability and financial matters. 2019, c. 9, Sched. 5, s. 18 (1). Manner (2) The Minister may specify that the review be carried out, (a)  by or on behalf of the Agency; or (b)  by a person specified by the Minister. 2019, c. 9, Sched. 5, s. 18 (1). Access to records and information (3) When a review is carried out by a person specified by the Minister, the Agency’s shall give the person and the person’s employees or agents access to all records and other information required to conduct the review. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.15 (1) The Agency shall prepare annual financial statements in accordance with generally accepted accounting principles. 2019, c. 9, Sched. 5, s. 18 (1). Auditors (2) The Agency shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the financial statements of the Agency for each fiscal year. 2019, c. 9, Sched. 5, s. 18 (1). Auditor General (3) The Auditor General may also audit the financial statements of the Agency. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019 Reports by Agency
20.16 (1) Every year, the Agency shall provide a report to the Minister no later than 120 days after the end of the Agency’s fiscal year in respect of, (a)  the financial affairs of the Agency during the fiscal year; (b)  deposits made into the Fund during the fiscal year; (c)  the payments made out of the Fund for the purpose of administering and operating the Agency during the fiscal year; (d)  the activities funded by the Fund during the fiscal year; (e)  the balance of funds remaining in the Fund at the end of the fiscal year; (f)  a description of how the activities funded by the Fund have helped fulfil the purpose of the Fund; and (g)  any other information required by the operating agreement or requested by the Minister. 2019, c. 9, Sched. 5, s. 18 (1). Audited financial statements (2) The annual report shall include a copy of the audited financial statements of the Agency. 2019, c. 9, Sched. 5, s. 18 (1). Signature (3) The annual report shall be signed by the chair of the board of directors of the Agency. 2019, c. 9, Sched. 5, s. 18 (1). Five-year report (4) Promptly following the fifth anniversary of the day the Agency is established by regulation, and every five years thereafter, the Agency shall provide a report to the Minister on the effectiveness of the Fund in achieving its purpose and any other information required by the Minister, together with any recommendations the Agency wishes to make. 2019, c. 9, Sched. 5, s. 18 (1). Consultation (5) In preparing a five-year report, the Agency shall consult with such persons as the Minister considers advisable by any means the Minister considers advisable. 2019, c. 9, Sched. 5, s. 18 (1). Other reports (6) The Agency shall provide the Minister with such other reports and information as the Minister may request. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019
20.17 The Agency shall make the reports provided under subsections 20.16 (1) and (4) available to the public on a website maintained by the Agency and in any other manner that may be prescribed by the regulations and in accordance with any requirement set out in the operating agreement. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019 Protection from liability
20.18 (1) No proceeding shall be commenced against the Crown in respect of any act or omission of the Agency or its officers, directors or employees. 2019, c. 9, Sched. 5, s. 18 (1). Protections from personal liability (2) No proceeding for damages shall be commenced against any officer, director or employee of the Agency for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of that duty. 2019, c. 9, Sched. 5, s. 18 (1). Agency’s liability (3) Subsection (2) does not relieve the Agency of any liability to which it would otherwise be subject in respect of an act or omission of a person mentioned in that subsection. 2019, c. 9, Sched. 5, s. 18 (1). Unpaid judgments against Agency (4) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgement against the Agency that remains unpaid after the Agency has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment. 2019, c. 9, Sched. 5, s. 18 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 18 (1) - 01/07/2019 Enforcement
21 The Minister may appoint persons or classes of persons as enforcement officers for the purposes of this Act. 2019, c. 9, Sched. 5, s. 19. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 19 - 01/07/2019
22 An enforcement officer who is acting under this Act shall, on request, produce identification.  2007, c. 6, s. 22.
24 (1) An enforcement officer may stop a vehicle, boat or aircraft if he or she has reasonable grounds to believe that stopping the vehicle, boat or aircraft would assist in determining whether there is compliance with, (a)  section 9, 10 or 49; (b)  any provision of an agreement entered into under section 16, 16.1 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10; (c)  any provision of a permit issued under section 17 or 19; (d)  any provision of an order made under section 27, 27.1, 28 or 41; or (e)  any provision of the regulations. 2007, c. 6, s. 24 (1); 2019, c. 9, Sched. 5, s. 21. Operator to stop (2) On the enforcement officer’s signal to stop, the operator of the vehicle, boat or aircraft shall immediately stop and produce for inspection any thing requested by the officer that is relevant to the purpose for which the vehicle, boat or aircraft was stopped.  2007, c. 6, s. 24 (2). Stop signals (3) For the purpose of subsection (2), signals to stop include, (a)  intermittent flashes of red light, in the case of a vehicle; (b)  intermittent flashes of blue light, in the case of a boat; and (c)  a hand signal to stop, in the case of a vehicle or boat.  2007, c. 6, s. 24 (3). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 21 (1, 2) - 01/07/2019
27 (1) An enforcement officer may make an order requiring a person to stop engaging in or not to engage in an activity if the enforcement officer has reasonable grounds to believe that the person is engaging in the activity, has engaged in the activity or is about to engage in the activity and, as a result, is contravening, has contravened or is about to contravene any of the following provisions: 1.  Section 9 or 10. 2.  Any provision of an agreement entered into under section 16, 16.1 or 19, if the agreement authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10. 3.  Any provision of a permit issued under section 17 or 19. 4.  Any provision of an order made under section 27, 27.1, 28 or 41. 5.  Any provision of the regulations. 2007, c. 6, s. 27 (1); 2019, c. 9, Sched. 5, s. 22. Information to be included in order (2) The order shall, (a)  specify the provision that the enforcement officer believes is being, has been or is about to be contravened; (b)  briefly describe the nature of the contravention and its location; and (c)  state that a hearing on the order may be required in accordance with section 30.  2007, c. 6, s. 27 (2). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 22 (1-3) - 01/07/2019
27.1 (1) The Minister may make an order described in subsection (2) if he or she has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that has or is about to have a significant adverse effect on a species and one or more of the following criteria are satisfied: 1.  The species is listed on the Species at Risk in Ontario List as an endangered or threatened species, a regulation under subsection 9 (1.2) provides that some of the prohibitions in subsection 9 (1) do not apply with respect to the species, and, as a result of the regulation, section 9 will not prevent the person from engaging in the activity. 2.  The species is not listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, the Minister has received a report from COSSARO classifying or reclassifying the species as an extirpated, endangered or threatened species, and the amendment to the Species at Risk in Ontario List that is required by section 7 has not yet come into force. 3.  The species is listed on the Species at Risk in Ontario List as an endangered or threatened species and the application of all or some of the prohibitions in subsection 9 (1) to the species is temporarily suspended by virtue of an order made by the Minister under section 8.1. 2019, c. 9, Sched. 5, s. 23. Contents of order (2) The order may include any one or more of the following orders: 1.  An order requiring the person to stop engaging in or not to engage in the activity. 2.  An order prohibiting the person from engaging in the activity except in accordance with directions set out in the order. 3.  An order directing the person to take steps set out in the order to address the significant adverse effect of the activity on the species. 2019, c. 9, Sched. 5, s. 23. Information to be included in order (3) The order shall, (a)  identify the species to which the order relates; (b)  briefly describe the nature of the activity and the significant adverse effect of the activity on the species; and (c)  state that a hearing on the order may be required in accordance with section 30. 2019, c. 9, Sched. 5, s. 23. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 23 - 01/07/2019
28 (1) The Minister may make an order described in subsection (2) if he or she has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that is destroying or seriously damaging or is about to destroy or seriously damage an important feature of an area described in clause (b) of the definition of “habitat” in subsection 2 (1) for a species and one or more of the following criteria are satisfied: 1.  The species is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species and a regulation made under clause 56 (1) (a) is in force that applies to the species, but the Minister is of the opinion that the destruction or damage involves an area that is not within the area prescribed by that regulation. 2.  The species is listed on the Species at Risk in Ontario List as an extirpated species and no regulation is in force that prescribes the species for the purpose of clause 10 (1) (b). 3.  The species is not listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, the Minister has received a report from COSSARO classifying or reclassifying the species as an extirpated, endangered or threatened species, and the amendment to the Species at Risk in Ontario List that is required by section 7 has not yet come into force. 4.  The species is listed on the Species at Risk in Ontario List as an endangered or threatened species and the application of the prohibitions in subsection 10 (1) with respect to the habitat of the species is temporarily suspended by virtue of an order made by the Minister under section 8.1. 2007, c. 6, s. 28 (1); 2019, c. 9, Sched. 5, s. 24. Contents of order (2) The order may include any one or more of the following orders: 1.  An order requiring the person to stop engaging in or not to engage in the activity. 2.  An order prohibiting the person from engaging in the activity except in accordance with directions set out in the order. 3.  An order directing the person to take steps set out in the order to rehabilitate any area damaged or destroyed by the activity.  2007, c. 6, s. 28 (2). Information to be included in order (3) The order shall, (a)  identify the species that the order relates to; (b)  briefly describe the nature of the activity and the important feature of the area affected by the activity; and (c)  state that a hearing on the order may be required in accordance with section 30.  2007, c. 6, s. 28 (3). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 24 (1-3) - 01/07/2019
29 (1) An order under section 27, 27.1 or 28 shall be served personally or by registered mail addressed to the person against whom the order is made at the person’s last known address.  2007, c. 6, s. 29 (1); 2019, c. 9, Sched. 5, s. 25 (1). Registered mail (2) An order served by registered mail shall be deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the order until a later date.  2007, c. 6, s. 29 (2). Effective date (3) An order under section 27, 27.1 or 28 takes effect when it is served, or at such later time as is specified in the order.  2007, c. 6, s. 29 (3); 2019, c. 9, Sched. 5, s. 25 (2). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 5, s. 25 (1-2) - 01/07/2019