The law

Ontario’s Endangered Species Act protects endangered or threatened species — animals and plants that are in decline and disappearing from the province.

Certain groups and organizations that work to protect, maintain, enhance or restore ecosystems that are native to Ontario can do so, even if the work affects endangered or threatened species.

You need to register the work and follow certain rules.

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.

Who’s eligible

  • The Ministry of Natural Resources and Forestry
  • conservation authorities
  • municipalities
  • Aboriginal bands
  • universities and colleges
  • an incorporated non-profit or a registered charity (or its trustee) focused on natural heritage work or ecological conservation

What kind of work

To be eligible, the work must:

  • protect, maintain, enhance or restore a native ecosystem (e.g. restore tall grass prairie)
  • be unlikely to have a lasting adverse effect on the local population of the species (as determined by an expert and provided in writing)

The rules

You must:

  • be eligible to do the work (and the work must be eligible)
  • register the work and the affected species with the Ministry of the Environment, Conservation and Parks (before work begins)
  • take steps to minimize effects on species and habitat (e.g. avoid work during mating or nesting seasons)
  • create and implement a mitigation plan for each affected species
  • report sightings of rare species (and update registration documents, if needed)
  • monitor:
    • how the work affects the species
    • what steps you took to minimize effects to the species and how effective they were
  • create and maintain a final report that:
    • describes the work and its purpose
    • summarizes the results and effectiveness of the work
    • provides recommendations on how similar work could be done in the future

Report a species sighting

If you see or encounter a member of the species, you must inform the Natural Heritage Information Centre — within 3 months of a sighting or encounter.

Report a rare species

Contact the Natural Heritage Information Centre

How to register

Learn how businesses and individuals can register regulated activities online that involve species at risk.

Minimize effects on a species

You must take reasonable steps to minimize effects on the species:

  • use experts who specialize in the species and this type of ecosystem work
  • train people doing the work (e.g. how to identify species and minimize effects of work)
  • avoid work during certain sensitive periods (e.g. reproduction, hibernation)
  • keep individual animals out of the work area (e.g. put up a fence)
  • allow adequate time for an animal to leave the area
  • relocate plants or animals to a nearby, safe location, if needed
  • take steps to avoid the spread of disease (among the species or to other species)
  • control erosion and sediment (e.g. stabilize banks)
  • ensure that species can continue to move from one area of habitat to another
  • monitor the effect of the work on the species
  • document the steps you took to minimize effects on a species

Mitigation plans

Mitigation plans should include the best available information on a species.

You can get this information from:

  • The Ministry of the Environment, Conservation and Parks
  • Aboriginal traditional knowledge
  • community knowledge (e.g. local nature clubs)

A plan must:

  • be prepared by an expert on the species
  • be updated every 5 years
  • describe the work, including:
    • its nature and purpose
    • all stages of the work
    • timelines (e.g. start and end dates)
  • list geographic location(s) where work will occur
  • list each endangered or threatened species likely to be affected by the work
  • describe the impact of the work on each listed species
  • say how you will minimize the effects of the work on the species
  • outline how you plan to monitor the effects of the work on the species
  • contain an expert written opinion that confirms that work:
    • is unlikely to have a lasting adverse effect on the population of the species
    • will not decrease the size of the species population over the next 10 years or 3 normal life spans of the species (whichever is shorter)
    • will not prevent members of a species from mixing with other local populations or moving between areas of habitat

Deadlines for plans

In most cases, you must have your plan prepared before the work you do affects a species or its habitat.

If another species appears in the work area, you have 60 days to complete a plan (if work will continue for at least another 60 days).

You must keep a plan for 5 years after work finishes — and give a copy to the Ministry of the Environment, Conservation and Parks within 14 days, if asked.

Reporting process

You must maintain a record with the:

  • effects of the work on the species
  • steps you took to minimize adverse effects on the species
  • names of the experts who supervised the work

You must prepare a final report, within 180 days of finishing work. The report must:

  • describe the work and its purpose
  • say how you minimized adverse effects on the species and how effective the work was
  • include a copy of the record created during the work
  • summarize the results of the work and how effective it was overall

When you need a permit

You could still need a permit if:

  • work will take place in:
    • fens
    • bogs
    • sand barrens or dunes
    • beach bars
    • alvars
    • cliffs
    • talus
  • work will affect any species listed after the date identified in section 0.1 of O. Reg. 242/08

To apply for a permit, contact the Ministry of the Environment, Conservation and Parks.

Learn how to get an Endangered Species Act permit or authorization.

Identify a species at risk

If you are unsure about a certain species — and would like help identifying or confirming what it is — you can see photos and get more information on the Endangered Species website.

Get more details about a species