Species at risk surveys
What you need to know about doing species at risk surveys for endangered or threatened species.
The law
Ontario’s Endangered Species Act, 2007 protects endangered or threatened species — animals and plants that are in decline and disappearing from the province.
You do not need a permit or agreement to carry out certain types of surveys for species that are listed on the Species at Risk in Ontario list as an endangered or threatened species if you:
- register the activity
- follow the conditions of the conditional exemption
Source law
This is a summary of the provincial laws. You can find a complete set of provincial rules related to this activity in:
This page is for informational purposes only. You should not rely on it to determine your legal obligations. To determine your legal obligations, consult the Endangered Species Act, 2007 and its regulations.
If you need legal advice, consult a legal professional. In the event of an error on this page or a conflict between this page and any applicable law, the law prevails.
Eligible surveys
The following surveys are eligible for this conditional exemption:
- surveys to assess the presence or absence of a species in an area (presence/absence surveys)
- surveys to estimate the abundance of a species in an area
The conditional exemption does not authorize damage or destruction of the habitat of protected species, which is prohibited by the Endangered Species Act, 2007.
The conditions
You must:
- only carry out the survey if you’ve determined that:
- information about the presence/absence or abundance of the species at or near the survey area isn’t already available
- the species may reasonably be expected to be found at or near the survey area
- register the activity with the Ministry of the Environment, Conservation and Parks before the survey activity begins
- take steps to minimize the adverse effects on the species
- create and implement a mitigation plan for the species
- report any sightings of the species
- monitor work and create and maintain a record of the:
- effects of the survey on the species
- effectiveness of the steps required to minimize adverse effects on the species
- submit a final report to the Ministry of the Environment, Conservation and Parks within 180 days of completing the survey
Mitigation plans
The conditional exemption sets out several requirements for the mitigation plan. The mitigation plan must:
- be prepared by a person who has expertise related to the species
- be updated every five years
- describe the survey activity, including:
- its nature and purpose
- all stages of the survey
- timelines (such as start and end dates)
- list geographic location(s) where the survey will occur
- list each species likely to be affected by the survey work
- describe the likely adverse effects of the survey on the species
- say how the adverse effects of the survey on the species will be minimized
- outline how you will monitor the effects of the survey on the species and the effectiveness of the steps taken to minimize adverse effects on the species
- include documentation that confirms that you will appropriately handle and care for vertebrates
- be kept for at least five years after the survey is complete
- be provided on request to the Ministry of the Environment, Conservation and Parks within 14 days of the request
Mitigation plans must include the best available information on the species. Potential sources of information include:
- the Ministry of the Environment, Conservation and Parks
- Indigenous traditional knowledge
- community knowledge (such as local nature clubs)
Minimizing adverse effects
You must take reasonable steps to minimize the adverse effects of the survey on the species.
You must make sure:
- the survey is carried out by, or under the supervision of, a person with the appropriate expertise, including expertise in the species and/or conservation sciences
- you follow a survey protocol that meets the conditions
- you do not possess a living or dead species, or a part of a living or dead species, longer than is necessary to carry out the survey
- you do not remove a living member of a species from the area where you found it
- you avoid the spread of disease or pests
- the people doing the survey are properly trained to identify the species and minimize the adverse effects of the survey on the species
Handling vertebrates
If your survey involves handling an endangered or threatened amphibian, reptile, mammal, bird or fish, you must:
- prepare a document that says how you will properly handle and care for the animal
- get a written opinion from an animal care committee that confirms that the document includes proper care and handling procedures for the animal
You must follow the approved care and handling procedures in the document when carrying out the activity.
Animals in distress
If an endangered or threatened amphibian, reptile, mammal, bird or fish becomes ill or accidentally injured during the survey work, with no possibility of survival, you may euthanize (humanely kill) it if:
- your care and handling document includes euthanasia procedures
- the animal is euthanized by a species expert who is trained in the procedures
- the euthanasia is done on the advice of a veterinarian or an employee of the Ministry of the Environment, Conservation and Parks
Monitoring and recording
While carrying out the survey, you must monitor and record:
- the effects of the survey on the species
- the effectiveness of each step you take to minimize the adverse effects on the species
- the name of each person responsible for carrying out or supervising the survey and their expertise
- information about any injuries, complications or deaths to the species
- information about each animal that was euthanized
This record must be kept for at least five years and provided on request to the Ministry of the Environment, Conservation and Parks within 14 days of the request.
Survey protocols
You must follow a survey protocol for the type of survey being carried out that:
- is appropriate for the location of the survey area
- applies to the species and any life stage of the species that may be present
You must use one of the protocols that is either:
- published on the Species at Risk guides and resources webpage
- available from the ministry upon request at sarontario@ontario.ca
If the protocols on the species at risk guides and resources webpage or available from the ministry do not apply to your survey, you can use another protocol if:
- the protocol is prepared by a person with expertise related to the species
- the protocol uses the best available scientific methods, standards and information
- the protocol applies a sampling intensity or search effort that will provide at least 95% confidence in the survey results
Reporting process
After you complete the survey, you must prepare a report which:
- describes the survey, including its purpose and a description of the survey area
- describes how and when the survey was carried out
- includes copies of the records you maintained throughout the work
- includes information about the survey protocol you followed
- summarizes the results of the survey
You must submit the report to the Ministry within 180 days of finishing the work.
Report a species sighting
If you observe a member of the species while carrying out the activity, the observation must be reported within three months.
To report an observation, download and complete the Ontario Species at Risk Observation Reporting Form (Excel) and email it to the Natural Heritage Information Centre.
Identify a species at risk
If you are unsure about a certain species and would like help identifying or confirming what it is, visit the Species at Risk in Ontario page.
When you need a permit or agreement
It is your responsibility to determine whether this conditional exemption applies to your activity. It is also your responsibility to determine whether you may still need a permit or agreement. For example, you will need a permit or agreement if the conditions of the exemption cannot be met or if you plan to:
- damage or destroy the habitat of a species at risk
- intentionally kill a species at risk during a survey, unless you are euthanizing an ill or accidentally injured animal that has no possibility of survival
- carry out a survey for a fish species in a stream reach occupied by Redside Dace
- carry out a survey in one of the following areas, if the area is known or likely to be occupied by an endangered or threatened plant species:
- fen
- bog
- sand barren
- sand dune
- bluff
How to get an Endangered Species Act permit or authorization