jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
 1. In this Regulation, in respect of categories of butternut trees, the following expressions have the same meanings as in section 23 of Ontario Regulation 830/21 (Exemptions — Barn Swallow, Bobolink, Eastern Meadowlark and Butternut) made under the Act: 1.  “Category 1 butternut tree”. 2.  “Category 2 butternut tree”. 3.  “Category 3 butternut tree”.
Designation of conservation fund species
 2. The species listed in Columns 3 and 4 of the Table to this section according to their common and scientific names, and belonging to the species grouping referred to in Column 2 opposite the listed species, are designated as conservation fund species for the purpose of the Fund. Table   Conservation Fund species Column 1   Item   Column 2   Species grouping   Column 3   Common name   Column 4   Scientific name 

  1.   Birds   Barn Swallow   Hirundo rustica 

  2.   Reptiles   Blanding’s Turtle   Emydoidea blandingii 

  3.   Birds   Bobolink   Dolichonyx oryzivorus 

  4.   Vascular Plants   Butternut   Juglans cinerea 

  5.   Birds   Eastern Meadowlark   Sturnella magna 

  6.   Birds   Eastern Whip-poor-will   Antrostomus vociferus
Limits on availability of charges
 3. (1) A species conservation charge shall not be required of a person in an agreement or permit referred to in subsection 20.3 (1) of the Act in respect of the following activities: 1.  An activity prohibited by section 9 of the Act with respect to any conservation fund species that is an animal, unless, i.  the animal is not an animal referred to in another paragraph in this subsection, ii.  damaging or destroying the habitat of the animal is authorized under the agreement or permit and would otherwise be prohibited by section 10 of the Act, iii.  the agreement or permit requires that a charge be paid in respect of the habitat to be damaged or destroyed, and iv.  the activity is necessary and incidental to damaging or destroying the habitat of the animal. 2.  An activity prohibited by section 9 of the Act with respect to the species described in item 2 of the Table to section 2 (Blanding’s Turtle), unless, i.  the activity occurs in the Ontario Shield ecozone, and ii.  the criteria set out in subparagraphs 1 ii to iv are met. 3.  An activity prohibited by section 10 of the Act with respect to the species described in item 2 of the Table to section 2 (Blanding’s Turtle), unless the activity occurs in the Ontario Shield ecozone. (2) In this section, “Ontario Shield ecozone” means the ecozone identified as the Ontario Shield Ecozone in the document titled “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 of the Government of Ontario.
Multiple locations
 4. (1) If the determination of an amount of a species conservation charge under this Regulation involves more than one municipality or territorial district listed in Column 2 of Table 1 to this Regulation, a separate charge shall be determined in respect of each municipality and territorial district and the amount of the species conservation charge shall be the sum of the separate charges. (2) If more than one fixed land cost is part of the determination of the species conservation charge under subsection (1), only one amount in respect of the fixed land cost shall be included in the determination. (3) If the fixed land costs referred to in subsection (2) are different in amount, the one included shall be the greatest of the fixed land costs set out in Column 4 of Table 1 to this Regulation for the relevant municipalities and territorial districts.
Adjustments for inflation
 5. (1) Subject to subsection (2), for the purposes of determining the amount of a species conservation charge under this Regulation, an amount to be adjusted for inflation shall be adjusted as follows: 1.  The amount shall be increased by the percentage change between the Ontario Consumer Price Index for 2021 and the Ontario Consumer Price Index for the calendar year before the year in which the charge is paid. 2.  If the percentage change in the Ontario Consumer Price Index between the two applicable calendar years, as set out in paragraph 1, results in a negative amount, the amount shall not be adjusted. 3.  If a charge is paid in a year but is paid before the Ontario Consumer Price Index for the previous calendar year is published by Statistics Canada, or during the 14-day period after the Index is published in a year, the amount of the charge to be paid shall be adjusted for inflation as though the charge were being paid in the previous year. (2) Adjustments shall not be made under this section in respect of charges paid before 2023. (3) For the purposes of subsection (1), the Ontario Consumer Price Index is the Consumer Price Index for Ontario (All-Items) as published by Statistics Canada.
Rounding
 6. For the purposes of determining the amount of a species conservation charge under this Regulation, a monetary amount shall be rounded to the nearest cent and an amount other than a monetary amount shall be rounded to the nearest hundredth. Determination of Charges
Determination of Charges
nan
Barn Swallow
 7. (1) The amount of a species conservation charge with respect to the species described in item 1 of the Table to section 2 (Barn Swallow) is the sum of, (a)  the amount determined under subsection (2) in respect of the portion of the activity that will damage or destroy one or more Barn Swallow nests but will not damage or destroy any buildings or structures on or in which the nest or nests are located; (b)  the amount determined under subsection (3) in respect of the portion of the activity that will damage or destroy one or more Barn Swallow nests and damage or destroy the building or structure on or in which the nest or nests are located; and (c)  if the amount determined under subsection (3) is greater than zero, the applicable fixed land cost set out in Column 4 of Table 1 to this Regulation with respect to the municipality or territorial district where the nest or nests will be damaged or destroyed. (2) The amount of a species conservation charge referred to in clause (1) (a) is the amount determined in accordance with the formula, ((n × HC1) + HC2) × AC in which, “AC”  is 1.1, being a multiplier that represents typical administrative costs, “HC1” is $200, being an amount, to be adjusted for inflation, which represents the typical per nest costs of installing and monitoring the nest cup replacement, and “HC2” is $3,300, being an amount, to be adjusted for inflation, which represents the typical fixed costs of monitoring the nest cup replacement, that are incurred in addition to the costs referred to in the definition of “HC1”, and “n”  is the number of Barn Swallow nests to be damaged or destroyed as a result of the portion of the activity described in clause (1) (a). (3) The amount of a species conservation charge referred to in clause (1) (b) is the amount determined in accordance with the formula, (((n × HC1 × B) + HC2) × AC) + (n × LC × 0.0078 × B) in which, “AC”  is 1.1, being a multiplier that represents typical administrative costs, “B”  is 1.5, being a multiplier that represents the benefit multiplier, “HC1” is $350, being an amount, to be adjusted for inflation, which represents the typical per nest costs of creating, maintaining and monitoring replacement nest cups, buildings and structures, “HC2” is $4,050, being an amount, to be adjusted for inflation, which represents the typical fixed costs of maintaining and monitoring replacement nest cups, buildings and structures, that are incurred in addition to the costs referred to in the definition of “HC1”, “LC × 0.0078” is the applicable variable land cost set out in Column 3 of Table 1 to this Regulation, which represents the typical cost per hectare to acquire and own land for habitat for the species in the municipality or territorial district in which the species’ habitat is to be damaged or destroyed, adjusted to represent an amount for a single nest and its supporting structure, and “n”  is the number of Barn Swallow nests to be damaged or destroyed as a result of the portion of the activity described in clause (1) (b). (4) For greater certainty, a reference in this section to a nest being damaged or destroyed includes a reference to a nest being removed.
Blanding’s Turtle
 8. (1) The amount of a species conservation charge with respect to the species described in item 2 of the Table to section 2 (Blanding’s Turtle) is the amount determined in accordance with the formula, (((A1 × HC1 × B1) + HC2) × AC) + (A1 × LC × B1) + (A3 × LC × B3) + LCF in which, “A1”  is the area, in hectares, of the combined area of category 1 habitat and category 2 habitat to be damaged or destroyed, “A3”  is the area, in hectares, of category 3 habitat to be damaged or destroyed, “AC”  is 1.1, being a multiplier that represents typical administrative costs, “B1”  is 3.0, being a multiplier that represents the benefit multiplier for category 1 and 2 habitats, “B3”  is 1.5, being a multiplier that represents the benefit multiplier for category 3 habitat, “HC1” is $225,500, being an amount, to be adjusted for inflation, which represents the typical per hectare costs of establishing, maintaining and monitoring habitat for the species, “HC2” is $7,100, being an amount, to be adjusted for inflation, which represents the typical fixed costs of maintaining and monitoring habitat for the species, that are incurred in addition to the costs referred to in the definition of “HC1”, “LC”  is the applicable variable land cost set out in Column 3 of Table 1 to this Regulation, which represents the typical cost per hectare to acquire and own land for habitat for the species in the municipality or territorial district  in which the species’ habitat is to be damaged or destroyed, and “LCF” is the applicable fixed land cost set out in Column 4 of Table 1 to this Regulation, which represents the typical cost to acquire land for habitat for the species in the municipality or territorial district in which the species’ habitat is to be damaged or destroyed. (2) In this section, “habitat” means a habitat as described in the document titled “Blanding’s Turtle General Habitat Description”, published by the Ministry, dated March 2021, as amended from time to time, and available on a website of the Government of Ontario.
Butternut
 10. The amount of a species conservation charge with respect to the species described in item 4 of the Table to section 2 (Butternut) is the sum of the following: 1.  The sum of the amounts of the sub-charges determined under sections 11 to 13. 2.  If the amount determined under section 11 or 13 is greater than zero, the applicable fixed land cost set out in Column 4 of Table 1 to this Regulation with respect to the municipality or territorial district where the species is to be killed, harmed or taken.
Butternut sub-charge — Category 2 trees
 11. (1) If one or more Category 2 butternut trees are to be killed, harmed or taken the amount of a sub-charge is the amount determined in accordance with the formula, Σni=1 ((HC × B × AC) + (B × LC × 0.005)) in which, “Σ”  is the sum of the values in the enclosed expression for each Category 2 butternut tree to be killed, harmed or taken, from i = 1 to i = n, “AC”  is 1.1, being a multiplier that represents typical administrative costs, “B”  being the benefit ratio, is, 1.  If the tree is to be killed or taken, the amount in Column 3 of the Table to this section set out opposite the diameter of the stem of the tree set out in Column 2 of the Table. 2.  If the tree is to be harmed, the amount in Column 4 of the Table to this section set out opposite the diameter of the stem of the tree set out in Column 2 of the Table. “HC”  is $450, being an amount, to be adjusted for inflation, which represents the typical cost of acquiring, planting, tending and monitoring a seedling, “i”  is an individual Category 2 butternut tree to be killed, harmed or taken, “LC × 0.005” is the applicable variable land cost set out in Column 3 of Table 1 to this Regulation and which represents the typical cost per hectare to acquire and own land for habitat for the species in the municipality or territorial district in which the species is to be killed, harmed or taken, adjusted to represent an amount for a single seedling, and “n”  is the total number of Category 2 butternut trees to be killed, harmed or taken. (2) For the purposes of this section, the diameter of the stem of a tree shall be determined as follows: 1.  If the tree is at least 1.37 metres in height, the diameter of the stem of the tree shall be determined in accordance with the “Butternut Assessment Guidelines: Assessment of Butternut Tree Health for the Purposes of the Endangered Species Act, 2007” (Version 3), published by the Government of Ontario, dated December 2021, as amended from time to time, and available on a website of the Government of Ontario. 2.  If the tree is less than 1.37 metres in height, the diameter of the stem of the tree is deemed to be less than three centimetres. Table   Benefit Ratios Column 1   Item   Column 2   Tree stem diameter   Column 3   Benefit ratio if killed or taken   Column 4   Benefit ratio if harmed 

  1.   less than 3 centimetres   2   1 

  2.   at least 3 centimetres but less than 15 centimetres   5   3 

  3.   at least 15 centimetres   20   10
Butternut sub-charge — Category 3 trees
 12. If one or more Category 3 butternut trees are to be killed, harmed or taken the amount of a sub-charge is the amount determined in accordance with the formula, n × HC × B × AC in which, “AC”  is 1.1, being a multiplier that represents typical administrative costs, “B”  is 1.5, being a multiplier that represents the benefit multiplier, “HC”  is $20,250, being an amount, to be adjusted for inflation, which represents the typical cost of archiving one tree, and “n”  is the number of Category 3 butternut trees to be killed, harmed or taken.
Butternut sub-charge — affected area
 13. (1) A sub-charge shall be determined in accordance with subsection (2) if, (a)  eleven or more Category 2 butternut trees are to be killed, harmed or taken; or (b)  one or more Category 3 butternut trees are to be killed, harmed or taken. (2) The amount of a sub-charge is the amount determined in accordance with the formula, (AA × HC × B × AC) + (AA × B × LC × 0.005) in which, “AA” is the affected area, being the total surface area, in hectares, of the horizontal plane of land formed by circles, each with a 50 metre radius, extending from each Category 2 and 3 butternut tree to be killed, harmed or taken, less the surface area of the impervious surfaces and surface water bodies within that plane, “AC”  is 1.1, being a multiplier that represents typical administrative costs, “B”  is 17, being a multiplier that represents the benefit multiplier, “HC”  is $450, being an amount, to be adjusted for inflation, which represents the typical cost of acquiring, planting, tending, and monitoring a seedling, and “LC × 0.005” is the applicable variable land cost set out in Column 3 of Table 1 to this Regulation, which represents the typical cost per hectare to acquire and own land for habitat for the species in the municipality or territorial district in which the species is to be killed, harmed or taken, adjusted to represent an amount for a single seedling. (3) In this section, “impervious surface” has the same meaning as in subsection 34 (6) of Ontario Regulation 830/21 (Exemptions — Barn Swallow, Bobolink, Eastern Meadowlark and Butternut) made under the Act.
Eastern Whip-poor-will
 14. The amount of a species conservation charge with respect to the species described in item 6 of the Table to section 2 (Eastern Whip-poor-will) is the amount determined in accordance with the formula, (((A × HC1 × B) + HC2) × AC) + (A × LC × B) + LCF in which, “A”  is the area, in hectares, of the habitat to be damaged or destroyed, “AC”  is 1.1, being a multiplier that represents typical administrative costs, “B”  is 1.5, being a multiplier that represents the benefit multiplier, “HC1” is $8,400, being an amount, to be adjusted for inflation, which represents the typical per hectare costs of establishing, maintaining and monitoring habitat for the species, “HC2” is $8,500, being an amount, to be adjusted for inflation, which represents the typical fixed costs of maintaining and monitoring habitat for the species, that are incurred in addition to the costs referred to in the definition of “HC1”, “LC”  is the applicable variable land cost set out in Column 3 of Table 1 to this Regulation, which represents the typical cost per hectare to acquire and own land for habitat for the species in the municipality or territorial district in which the species’ habitat is to be damaged or destroyed, and “LCF” is the applicable fixed land cost set out in Column 4 of Table 1 to this Regulation, which represents the typical cost to acquire land for habitat for the species in the municipality or territorial district in which the species’ habitat is to be damaged or destroyed. Payment and Refunds
Payment and Refunds
nan
When charge is due
 15. (1) A person who is required to pay a species conservation charge under an agreement or a permit shall pay the charge on or before the earlier of, (a)  the date specified in the agreement or permit in respect of the charge; and (b)  the day before the day the person first engages in a charge-related activity authorized under the agreement or permit that would otherwise be prohibited under section 9 or 10 of the Act. (2) Subject to subsection (3), a person who is required to pay a species conservation charge under a regulation referred to in subsection 20.3 (1) of the Act shall pay the charge on or before the earlier of, (a)  the date set out in the regulation in respect of the charge, if any; and (b)  the day before the day the person first engages in a charge-related activity exempted under the regulation that would otherwise be prohibited under section 9 or 10 of the Act. (3) If the charge referred to in subsection (2) is related to an activity for which the regulation requires the person to submit notice on the Registry, as defined in Ontario Regulation 242/08 (General), the person shall pay the charge on or before the earlier of, (a)  the day referred to in subsection (2); and (b)  that day that is 30 days after the day the notice is submitted.
When charge to be calculated
 16. A person who is required to pay a species conservation charge shall calculate the charge payable as of the earlier of, (a)  the day payment is required to be made under section 15; or (b)  the day the payment is made.
Manner of payment
 17. (1) A species conservation charge shall be paid in the manner specified by the Agency. (2) The following information shall be provided, in writing, to the Agency and to the director when a species conservation charge is paid: 1.  The name and contact information for the person who is required to pay the charge. 2.  The number assigned by the Ministry to the relevant agreement, permit or registration, if any, referred to in subsection 20.3 (1) of the Act. 3.  The location at which the activities related to the charge will occur. 4.  The total amount of the charge and, if charges are being paid for more than one species, the charge for each species. 5.  An itemization of how the total amount of each charge was determined. 6.  The date on which payment of the charge is required to be paid. (3) In this section, “director” means the director of the branch of the Ministry that is responsible for species at risk.
Land cost of habitat
nan