Health and safety projects (threatened and endangered species)
What you need to know if you’re working on a health and safety project (e.g., clean up contaminated soil, repair a bridge) that will affect species at risk or their habitat.
The law
Ontario’s Endangered Species Act protects endangered and threatened species — animals and plants in decline and at risk of disappearing in the province.
Projects that avoid or reduce a serious threat to human health and safety can proceed, even if they affect an endangered or threatened species.
You may not need a permit for specified types of work. But you must follow certain rules.
Different rules apply where the risk to human or animal health or safety is imminent.
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.
Scope of work
The rules apply to health and safety work that will:
- prevent or remove contamination from — or pollution to — earth, air or water
- protect the quality of the earth, air or water
- prevent the spread of disease
- protect against drought, flooding, forest fires, unstable slopes and erosion
- maintain, repair, remove, decommission or upgrade a structure or infrastructure as long as:
- its location does not change
- it does not occupy more area than it did before, except in the case of a replacement culvert which may be bigger
- how it is used does not change
What kind of infrastructure
The rules apply to:
- communications systems (e.g. maintain a telecommunications right of way)
- electric power, alternative energy or renewable energy systems (e.g. maintain the transmission system)
- oil or gas pipelines (e.g. dig up and test lines to see if they leak)
- road or rail systems (e.g. clear lines of sight along roads)
- water, wastewater or storm water systems
- some drainage works designed to control surface water runoff
The rules
For these specified health and safety projects, you must:
- register the activity and the affected species with the Ministry of the Environment, Conservation and Parks (before work begins)
- take immediate steps to minimize effects on the species and habitat
- report sightings of rare species (and update registration documents, if needed)
- create and implement a mitigation plan for each species if
- you plan to upgrade or remove a structure or infrastructure to meet a safety standard
- decommission a mine
- replace an entire structure or infrastructure
Report a species
If you see or encounter a species, you must inform the Natural Heritage Information Centre –within 3 months of the sighting or encounter.
To report a sighting:
- fill out a Rare Species Reporting form online
- complete each section in the report
- hit the submit button to send the report
How to register
Minimize effects on a species
You must immediately:
- avoid operations during sensitive periods (e.g. hibernation, reproduction and rearing) unless this delay will make the risk to health or safety unacceptable
- give a species adequate time to leave the area before starting work
- prevent a species from entering the area (e.g. put up a fence)
- take steps to protect or relocate plants
- get advice/help before you move an animal or plant
Rules for infrastructure
If you are maintaining, repairing, replacing or upgrading infrastructure, you must also:
- keep a schedule of work or an engineer’s report
- make it available to the Ministry of the Environment, Conservation and Parks, if asked
Mitigation plans
You need to prepare a mitigation plan, only if you are:
- upgrading or removing a structure
- decommissioning a mine
- replacing an entire structure or infrastructure (e.g. a bridge replacement)
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
- describe the activity and its purpose
- explain why the work will avoid a risk to health or safety
- explain why the work must be done soon
- explain what will happen if the work is not done
- set out the stages of the activity and its timing
- describe the area of the work (and include a map)
- say how you will minimize effects on a species
Deadlines for plans
You must prepare a plan, before the work you do affects a species or its habitat.
You must keep plans for 5 years — and give a copy to the Ministry of the Environment, Conservation and Parks, within 14 days, if asked.
When you need a permit
You could need a permit if your work affects:
- Massasauga (Carolinian population)
- Mottled Duskywing
- Forked Three-awned Grass
- Bluehearts
- Juniper Sedge
- Spotted Wintergreen
- Heart-leaved Plantain
- Virginia Mallow
- Virginia Goat’s-rue
- Bird’s-foot Violet
- a species listed after June 27, 2014
- any species listed after the date identified in section 0.1 of O. Reg. 242/08
You may still need a permit if you are:
- building new structures or infrastructure
- changing the location or area of an existing structure or infrastructure
- changing how you will operate or use existing structures or infrastructure
- repairing or maintaining a structure or infrastructure not covered under these rules
To apply for a permit, contact the Ministry of the Environment, Conservation and Parks.
Imminent risk to health and safety
You don't need to register or get a permit, if the risk to the health or safety of humans or animals is imminent (e.g. responding to a natural disaster or public emergency).
These rules are outlined in section 8 of Ontario Regulation 242/08 (General).
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.