jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application
 0.1 (1) This Regulation applies to all species on the Species at Risk in Ontario List, as that list read on January 26, 2022, subject to subsections (2) and (3). O. Reg. 328/22, s. 1. (2) If a regulation is made under section 8.1 of the Act that temporarily suspends the application of all of the prohibitions in subsections 9 (1) and 10 (1) of the Act with respect to a species listed on the Species at Risk in Ontario List, this Regulation does not apply to the species during the period of suspension. O. Reg. 328/22, s. 1. (3) If a regulation is made under section 8.1 of the Act that temporarily suspends the application of one or more, but not all, of the prohibitions in subsections 9 (1) and 10 (1) of the Act with respect to a species listed on the Species at Risk in Ontario List, this Regulation shall apply to the species during the period of suspension, but only in respect of the prohibitions that are not suspended by the regulation made under section 8.1 of the Act. O. Reg. 328/22, s. 1.
Definitions
 1. (1) In this Regulation, “ecoregion” means an ecoregion identified in the document entitled “The Ecosystems of Ontario, Part 1: Ecozones and Ecoregions” that is published by the Government of Ontario, dated 2009, as amended from time to time, and available on a website maintained by the Government of Ontario; (“écorégion”) “game wildlife” has the same meaning as in the Fish and Wildlife Conservation Act, 1997; (“gibier sauvage”) “land classification system for southern Ontario” means the land classification system set out in the document entitled Ecological Land Classification for Southern Ontario: First Approximation and its Application, dated September, 1998 and published by the Ontario Ministry of Natural Resources; (“système de classification écologique des terres du Sud de l’Ontario”) “Registry” means the registry maintained on a website of the Government of Ontario for the purposes of the submission of notice forms under this Regulation and Ontario Regulation 830/21 made under the Act; (“Registre”) “specially protected wildlife” has the same meaning as in the Fish and Wildlife Conservation Act, 1997; (“animal sauvage spécialement protégé”) “wildlife custodian” has the same meaning as in section 44 of the Fish and Wildlife Conservation Act, 1997. (“gardien d’animaux sauvages”)  O. Reg. 242/08, s. 1; O. Reg. 176/13, s. 2; O. Reg. 323/13, s. 1; O. Reg. 232/14, s. 1; O. Reg. 831/21, s. 1 (1, 2); O. Reg. 833/21, s. 1. (2) A reference in this Regulation to a geographic area is a reference to a geographic area named and described in Schedule 1 or 2 to Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made under the Territorial Division Act, 2002.  O. Reg. 122/12, s. 1. (3) A reference in this Regulation to a district manager is deemed to be a reference to a manager of the branch of the Ministry that is responsible for species at risk on and after December 1, 2021. O. Reg. 831/21, s. 1 (3). (4) For the purposes of this Regulation, the expression of geographic coordinates shall, (a) use the UTM grid coordinate system or latitude and longitude; (b) identify the datum used; and (c) be accurate to 0.1 kilometre. O. Reg. 831/21, s. 1 (3). (5) Subsection (4) does not apply in respect of an activity described in subsection 23.4 (1) for which notice is submitted under subparagraph 1 i of subsection 23.4 (6) before December 1, 2021. O. Reg. 831/21, s. 1 (3). Exemptions Applicable to Specific Species
Exemptions Applicable to Specific Species
nan
Algonquin Wolf
 1.1 (1) Subject to subsection (2), clause 9 (1) (a) of the Act does not apply to a person who kills, harms, harasses or captures an Algonquin Wolf if the person is hunting or trapping in accordance with the Fish and Wildlife Conservation Act, 1997 and the regulations made under it and,  (a) under the authority of, (i) a licence issued under the Fish and Wildlife Conservation Act, 1997, or (ii) subsection 6 (3) of the Fish and Wildlife Conservation Act, 1997; or (b) to protect property from an Algonquin Wolf pursuant to section 31 of the Fish and Wildlife Conservation Act, 1997. O. Reg. 308/16, s. 2. (2) Subsection (1) does not apply in an area listed in Column 2 of item 8 of Table 6 of Ontario Regulation 670/98 (Open Seasons - Wildlife) made under the Fish and Wildlife Conservation Act, 1997. O. Reg. 308/16, s. 2; O. Reg. 218/18, s. 2. (3) Clause 9 (1) (b) of the Act does not apply to a person in respect of an Algonquin Wolf if, (a) pursuant to subsection (1), clause 9 (1) (a) of the Act did not apply to the killing, harming, harassing or capturing of the Algonquin Wolf; and (b) the person is acting in accordance with the Fish and Wildlife Conservation Act, 1997 and the regulations made under it. O. Reg. 308/16, s. 2.
American ginseng
 2. (1) Subsection 9 (1) of the Act does not apply to field-cultivated American ginseng if, (a) it is cultivated on land in respect of which licence fees are payable to the Ontario Ginseng Growers’ Association under Ontario Regulation 340/01 (Designation — Ontario Ginseng Growers’ Association) made under the Farm Products Marketing Act; (b) it is cultivated without the use of any material from American ginseng, such as seeds, roots or cuttings, that was taken from the wild in Ontario on or after June 30, 2008; and (c) it is cultivated using structures that produce artificial shade.  O. Reg. 242/08, s. 2 (1). (2) Revoked: O. Reg. 323/13, s. 2. 3., 4. Revoked:  O. Reg. 65/12, s. 1.
Bobolink, eastern meadowlark
 4.1 (1) Clause 9 (1) (a) of the Act does not apply to a person who kills, harms or harasses a bobolink or an eastern meadowlark while carrying out an agricultural operation.  O. Reg. 197/11, s. 2 (1); O. Reg. 65/12, s. 2 (1). (2) Clause 9 (1) (b) of the Act does not apply to the possession or transport of a bobolink or an eastern meadowlark if, pursuant to subsection (1), clause 9 (1) (a) did not apply to the killing or harming of the bobolink or eastern meadowlark, as the case may be.  O. Reg. 197/11, s. 2 (1); O. Reg. 65/12, s. 2 (2). (3) Subsection 10 (1) of the Act does not apply to a person who damages or destroys the habitat of a bobolink or an eastern meadowlark while carrying out an agricultural operation if the area of habitat damaged or destroyed remains suitable for an agricultural operation.  O. Reg. 197/11, s. 2 (1) ; O. Reg. 65/12, s. 2 (3). (4) In this section, “agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is carried on in the expectation of gain or reward and includes, (a) draining, irrigating or cultivating land, (b) growing, producing or raising farm animals, (c) the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, (d) the production of eggs, cream and milk, (e) the operation of agricultural machinery and equipment, (f) ground and aerial spraying, (g) the management of materials containing nutrients for farm purposes, (h) the processing by a farmer of the products produced primarily from the farmer’s agricultural operation, and (i) activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles for the purposes of the agricultural operation.  O. Reg. 197/11, s. 2 (1). Note: On December 31, 2025, section 4.1 is revoked.  See: O. Reg. 197/11, ss. 2 (2), 4 (2); O. Reg. 178/ 14, s. 1; O. Reg. 387/15, s. 1. 5. Revoked:  O. Reg. 176/13, s. 4.
Eastern flowering dogwood
 5.1 Subsection 10 (1) of the Act does not apply to a person who damages or destroys an area that is the habitat of the eastern flowering dogwood, if the only eastern flowering dogwood that exists in the area is a cultivar and was not, (a) cultivated for purposes of disease resistance; or (b) derived from eastern flowering dogwood indigenous to Ontario or any state of the United States of America with which Ontario shares a border.  O. Reg. 293/11, s. 2.
Northern bobwhite
 6. (1) Clause 9 (1) (a) of the Act does not apply to a person who is hunting northern bobwhite on a game bird hunting preserve within the meaning of the Fish and Wildlife Conservation Act, 1997 if the person is hunting in accordance with that Act and the regulations made under that Act.  O. Reg. 242/08, s. 6 (1). (2) Clause 9 (1) (b) of the Act does not apply to the possession or transport of a northern bobwhite by a person who, pursuant to subsection (1), lawfully kills the northern bobwhite.  O. Reg. 242/08, s. 6 (2). (3) Clause 9 (1) (a) and subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person in respect of northern bobwhite if the person is acting under the authority of and in accordance with, (a) a licence to own or operate a game bird hunting preserve under the Fish and Wildlife Conservation Act, 1997; or (b) a licence to keep game birds in captivity under the Fish and Wildlife Conservation Act, 1997.  O. Reg. 242/08, s. 6 (3). (4) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who transports anything that, pursuant to subsection (3), the person is entitled to possess.  O. Reg. 242/08, s. 6 (4).
Virginia mallow
 6.1 Subsection 10 (1) of the Act does not apply to a person who damages or destroys an area that is the habitat of the Virginia mallow if the only Virginia mallow present in the area, (a) did not originate from plants native to Ontario; or (b) was planted for purposes other than species recovery, ecological restoration or rehabilitation or habitat creation.  O. Reg. 122/12, s. 2.
Caribou (boreal population) — cast antlers
 7. Clause 9 (1) (b) of the Act does not apply to antlers that dropped naturally from living caribou (boreal population). O. Reg. 308/16, s. 3. Other Exemptions
Other Exemptions
nan
Protection of health or safety, etc.
 8. (1) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is acting to protect a human being or animal if the person reasonably believes that there is an imminent risk to the health or safety of the human being or animal.  O. Reg. 242/08, s. 8 (1). (2) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a police officer, firefighter or other person if, (a) he or she is exercising powers or performing duties under an Act of Ontario or Canada or is acting under the direction of a person who is exercising powers or performing duties under an Act of Ontario or Canada; (b) he or she is engaged in an activity that is intended to, (i) protect the health or safety of any human being, (ii) search for a living or dead human being, (iii) prevent or reduce significant damage to property or the environment, or (iv) enforce the law; and (c) in the circumstances, it is not reasonable to comply with clause 9 (1) (a) or subsection 10 (1) of the Act.  O. Reg. 242/08, s. 8 (2).
Protection of property
 9. (1) If all of the criteria set out in subsection (2) are met, (a) clause 9 (1) (a) of the Act does not apply to the harassing, capturing or taking of an animal; (b) subclause 9 (1) (b) (i) of the Act does not apply to the possession or transport of a living animal that is captured or taken pursuant to clause (a); and (c) subsection 10 (1) of the Act does not apply to the habitat of an animal.  O. Reg. 242/08, s. 9 (1). (2) Subsection (1) applies if all of the following criteria are met: 1. There are reasonable grounds to believe that the animal is damaging property. 2. The animal is harassed, captured, taken, possessed or transported, or its habitat is damaged or destroyed, by or at the direction of the owner or occupier of the land on which the property is located. 3. The owner or occupier has entered into an agreement with the Minister respecting action that may be taken to protect the property. 4. The agreement specifically provides that it applies to the species that the animal belongs to. 5. The agreement states that, i. the Minister is of the opinion that the agreement requires the owner or occupier to take reasonable steps to minimize adverse effects on the species, and ii. the Minister is of the opinion that the action described in the agreement will not jeopardize the survival or recovery of the species in Ontario. 6. The agreement is in force. 7. The owner or occupier has complied with the agreement.  O. Reg. 242/08, s. 9 (2). (3) Without limiting the generality of paragraph 3 of subsection (2), an agreement under that paragraph may require the owner or occupier to use the services of a person who is engaged in the business of removing nuisance animals, a person who holds a trapping licence under the Fish and Wildlife Conservation Act, 1997 or any other person described in the agreement.  O. Reg. 242/08, s. 9 (3).
Escape or unauthorized release from captivity
 10. (1) Clause 9 (1) (a) of the Act does not apply to a person who is complying with clause 46 (3) (b) of the Fish and Wildlife Conservation Act, 1997
with respect to game wildlife or specially protected wildlife.  O. Reg. 242/08, s. 10 (1). (2) Clause 9 (1) (b) of the Act does not apply to the possession or transport, by a person who is complying with clause 46 (3) (b) of the Fish and Wildlife Conservation Act, 1997, of the wildlife referred to in that clause.  O. Reg. 242/08, s. 10 (2). 11. Revoked: O. Reg. 176/13, s. 5 (4).
R.H. Saunders Station — American eel
 11.1 (1) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is engaged in the operation of the R.H. Saunders Station on the St. Lawrence River and who, in the course of operating the R.H. Saunders Station, kills, harms, harasses, captures or takes American eel, or damages or destroys the habitat of American eel, if all of the following criteria are met: 1. The person who operates the station has entered into an agreement with the Minister relating to American eel. 2. The agreement states that, i. the Minister is of the opinion that the agreement requires the person who operates the station to take reasonable steps to minimize adverse effects on American eel, ii. the Minister is of the opinion that, if the agreement is complied with, the operation of the station will not jeopardize the survival or recovery of American eel in Ontario, and iii. the Minister is of the opinion that the agreement does not conflict with the obligation of the Minister to ensure the implementation of any action under subsection 12.1 (5) of the Act. 3. The agreement provides for monitoring the effects of the operation of the station on American eel. 4. The agreement is in force. 5. The person who operates the station has complied with the agreement. O. Reg. 176/13, s. 6; O. Reg. 831/21, s. 2. (2) 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 (1), 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 terms of the agreement referred to in subsection (1). O. Reg. 176/13, s. 6.
Commercial cultivation of vascular plants, etc.
 12. (1) Clauses 9 (1) (a) and (b) of the Act do not apply in respect of a vascular plant species to a person who is engaged in the commercial cultivation of that species, if, (a) the person cultivates the species without the use of any material from the species, such as seeds, roots or cuttings, that was taken from the wild in Ontario on or after the date the species was listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species; (b) the person is not engaged in cultivating the species in the wild in Ontario; and (c) the person is not engaged in cultivating the species in a manner that is likely to spread disease or pests to, or to compromise the genetic integrity of, wild populations of the species. (d), (e)  Revoked:  O. Reg. 176/13, s. 7 (1). O. Reg. 242/08, s. 12 (1); O. Reg. 294/11, s. 2 (1); O. Reg. 176/13, s. 7 (1). (1.1) Revoked:  O. Reg. 176/13, s. 7 (2). (2) Clause 9 (1) (b) of the Act does not apply to a person who buys, sells, leases, trades, possesses or transports a vascular plant cultivated in the manner described in subsection (1) unless the person does so for the purpose of growing a member of the species in the wild in Ontario. O. Reg. 176/13, s. 7 (2). (3) In this section, “pest” means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants. O. Reg. 176/13, s. 7 (2).
Fishing — incidental catch
 13. (1) Clause 9 (1) (a) of the Act does not apply to a person who incidentally catches a fish or other animal that belongs to a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, if, (a) the person is fishing under the authority of, (i) a licence under the Fish and Wildlife Conservation Act, 1997, (ii) a licence under the Ontario Fishery Regulations, 2007 made under the Fisheries Act
(Canada), or (iii) a licence under the Aboriginal Communal Fishing Licences Regulations made under the Fisheries Act
(Canada); (b) the person is fishing in accordance with the licence; (c) the person is fishing in accordance with, (i) the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada), in the case of a person fishing under the authority of a licence referred to in subclause (a) (i) or (ii), or (ii) the Ontario Fishery Regulations, 2007 and the Aboriginal Communal Fishing Licences Regulations made under the Fisheries Act (Canada), in the case of a person fishing under the authority of a licence referred to in subclause (a) (iii); and (d) subject to clause (b), (i) the incidentally caught fish or other animal is immediately returned to the waters from which it is caught, and (ii) if the incidentally caught fish or other animal is alive, it is released in a manner that causes the least harm to the fish.  O. Reg. 242/08, s. 13 (1). (2) In the case of an incidentally caught fish, clause (1) (d) applies whether or not section 12 of the Ontario Fishery Regulations, 2007 applies to the fish.  O. Reg. 242/08, s. 13 (2). (3) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a fish or other animal if, (a) pursuant to subsection (1), clause 9 (1) (a) of the Act did not apply to the catching of the fish or other animal; and (b) the fish or other animal was not required to be returned to the waters from which it was caught.  O. Reg. 242/08, s. 13 (3). 14. Revoked: 
O. Reg. 176/13, s. 8.
Veterinarians
 15. (1) Subclause 9 (1) (b) (i) of the Act does not apply to the possession or transport of an animal by a member of the College of Veterinarians of Ontario for the purpose of providing treatment to the animal.  O. Reg. 242/08, s. 15 (1). (2) Clause 9 (1) (a) of the Act does not apply to the killing of an animal by a member of the College of Veterinarians of Ontario, if the member is of the opinion that the animal should be euthanized.  O. Reg. 242/08, s. 15 (2). (3) Clause 9 (1) (b) of the Act does not apply to the possession or transport of an animal by any person, if the person possesses the animal for less than 24 hours for the purpose of transporting it to a member of the College of Veterinarians of Ontario for treatment.  O. Reg. 242/08, s. 15 (3).
Rehabilitation or care — wildlife custodians
 16. (1) Subclause 9 (1) (b) (i) of the Act does not apply to the possession or transport of game wildlife or specially protected wildlife by a wildlife custodian, if the wildlife custodian is authorized to keep the wildlife in captivity under section 44 of the Fish and Wildlife Conservation Act, 1997.  O. Reg. 242/08, s. 16 (1). (2) Clause 9 (1) (a) of the Act does not apply to the capturing or taking of game wildlife or specially protected wildlife by a wildlife custodian for the purpose of rehabilitating or caring for it, if the wildlife custodian is authorized to keep it in captivity under section 44 of the
Fish and Wildlife Conservation Act, 1997.  O. Reg. 242/08, s. 16 (2). (3) Subclause 9 (1) (b) (i) of the Act does not apply to the possession and transport of game wildlife or specially protected wildlife by any person if the person possesses it for less than 24 hours for the purpose of transporting it, for the purpose of rehabilitation or care, to a wildlife custodian who is authorized to keep it in captivity under section 44 of the Fish and Wildlife Conservation Act, 1997.  O. Reg. 242/08, s. 16 (3). (4) Clause 9 (1) (a) of the Act does not apply to the killing of game wildlife or specially protected wildlife by a wildlife custodian, if the wildlife custodian is authorized to kill it under section 44 of the Fish and Wildlife Conservation Act, 1997.  O. Reg. 242/08, s. 16 (4).
Rehabilitation or care — transfer to Ministry employees
 17. Subclause 9 (1) (b) (i) of the Act does not apply to the possession and transport by any person of an animal that belongs to a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, if the person possesses the animal for less than 24 hours for the purpose of transporting it, for the purpose of rehabilitation or care, to a person employed in the Ministry.  O. Reg. 242/08, s. 17.
Zoos
 18. (1) Subject to subsection (2), with respect to any species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person acting under the authority of and in accordance with a licence to keep specially protected and game wildlife in a zoo under the Fish and Wildlife Conservation Act, 1997.  O. Reg. 242/08, s. 18 (1). (2) Subsection (1) does not authorize the purchase, sale, lease or trade of, or the offer to buy, sell, lease or trade, (a) a dead member of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species; or (b) any part of a dead member of a species referred to in clause (a).  O. Reg. 242/08, s. 18 (2). (3) Subsection (2) does not prevent the purchase, sale, lease or trade of gametes, or the offer to buy, sell, lease or trade gametes.  O. Reg. 242/08, s. 18 (3). (4) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to a person who transports anything that, pursuant to subsection (1), the person is entitled to possess.  O. Reg. 242/08, s. 18 (4). (5) Clause 9 (1) (a) of the Act does not apply to the killing of an animal by an employee of a zoo if, (a) the zoo possesses the animal under the authority of
a licence to keep specially protected and game wildlife in a zoo under the Fish and Wildlife Conservation Act, 1997; (b) the employee is of the opinion that the animal should be euthanized; and (c) it is not reasonable in the circumstances to obtain the services of a member of the College of Veterinarians of Ontario to kill the animal.  O. Reg. 242/08, s. 18 (5).
Falconry
 19. (1) Subclause 9 (1) (b) (i) of the Act does not apply to a person in respect of a live falconry bird within the meaning of Part III of Ontario Regulation 668/98 (Wildlife in Captivity) made under the Fish and Wildlife Conservation Act, 1997, if, (a) the person is acting under the authority of and in accordance with a general falconry licence, commercial falconry licence or apprentice falconry licence issued under that Act; and (b) the person is acting in accordance with Ontario Regulation 668/98 (Wildlife in Captivity) made under the Fish and Wildlife Conservation Act, 1997.  O. Reg. 242/08, s. 19 (1). (2) If, pursuant to subsection (1), a person is entitled to possess a live falconry bird, clause 9 (1) (b) of the Act does not apply to the person with respect to the transport of the bird.  O. Reg. 242/08, s. 19 (2).
Possession prior to listing, etc.
 20. (1) With respect to any species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, clause 9 (1) (b) of the Act does not apply in the following circumstances to the possession of anything described in subclause 9 (1) (b) (i), (ii) or (iii) of the Act: 1. The person who possesses the thing was lawfully in possession of the thing immediately before the species was first listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species. 2. The person who possesses the thing lawfully acquired it from a person who was entitled to possess it pursuant to paragraph 1 or this paragraph.  O. Reg. 242/08, s. 20 (1). (2) Clause 9 (1) (b) of the Act does not apply to the transport of a thing by any person if, pursuant to subsection (1), the person is entitled to possess it.  O. Reg. 242/08, s. 20 (2). (3) Subclause 9 (1) (b) (iii) of the Act does not apply to the purchase, sale, lease or trade of any artwork, jewellery, furniture or other crafted thing, or to the offer to purchase, sell, lease or trade any artwork, jewellery, furniture or other crafted thing, if, (a) pursuant to subsection (1), a person is entitled to possess the artwork, jewellery, furniture or other crafted thing; and (b) the market value of the artwork, jewellery, furniture or other crafted thing is primarily attributable to factors other than the fact that it is derived from a living or dead animal, plant or other organism.  O. Reg. 242/08, s. 20 (3). (4) Subsection (3) does not apply to anything that has been treated, stuffed or mounted, in whole or in part, by a taxidermist.  O. Reg. 242/08, s. 20 (4).
Tanning or taxidermy
 21. Clause 9 (1) (b) of the Act does not apply to the possession or transport by a tanner or taxidermist of a dead animal that, pursuant to this Regulation, a person is entitled to possess, if the person gives the dead animal to the tanner or taxidermist for the purpose of tanning, plucking, treating, stuffing or mounting it.  O. Reg. 242/08, s. 21. 22. Revoked: O. Reg. 176/13, s. 9 (2). 22.1 Revoked: O. Reg. 176/13, s. 10 (2) and O. Reg. 219/18, s. 1.
Exemptions Requiring Notice to Minister and other Conditions
nan