Remove habitat created or enhanced for species at risk
The rules to follow if you want to damage or destroy habitat created or enhanced for a threatened or endangered species. This is also called a safe harbour habitat.
Effective July 1, 2013.
What is safe harbour habitat
Safe harbour habitat is:
- created (versus naturally existing habitat)
- enhanced (for Bobolink and Eastern Meadowlark only)
- identified as such in a permit or agreement with the Ministry of the Environment, Conservation and Parks:
- what area will be treated as safe harbour habitat
- how long it must be maintained
View Safe Harbour Habitat under the Endangered Species Act that outlines the approach and considerations for establishing a safe harbour instrument.
The law
Ontario’s Endangered Species Act protects endangered or threatened species — animals and plants that are in decline and disappearing from the province.
You cannot generally damage or destroy the habitat of endangered or threatened species.
Under certain permits and agreements, you may be required to create new habitat or enhance existing habitat for endangered or threatened species.
A permit or agreement may designate areas of habitat as safe harbour habitat.
You don’t need a permit to damage or destroy safe harbour habitat, if you 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.
The rules
You must:
- ensure that all of the conditions under the permit or agreement have been met (e.g. the habitat has existed long enough to help protect or recover the species)
- register the activity and the safe harbour habitat with the Ministry of the Environment, Conservation and Parks (before the work)
- minimize the adverse effects on the species while removing the habitat (e.g. avoid activities during nesting season)
- develop a report describing:
- how you removed the habitat
- the steps you took to minimize effects on the species
What happens if another species moves into the safe harbour habitat?
How to register
Minimize effects on a species
You must take steps to minimize effects on a species when removing habitat:
- avoid activities during sensitive periods (e.g. hibernation or reproduction seasons)
- prevent an animal from entering the work area (e.g. put up a fence)
- give the species adequate time to leave the area, before starting work
- protect plants where possible or relocate them to a safe area
- get advice/help before you move a plant or animal
- only move a plant or animal if it will minimize effects on it
Reporting process
You must prepare a report that:
- says how damaging or destroying the habitat affected species for which it was created and other species at risk that used it
- describes the steps taken to minimize effects on the species
- includes the start and end dates of work
You must submit the report — within 90 days of the work.
You must also keep the report for 5 years and give a copy within 14 days to the Ministry of the Environment, Conservation and Parks, if asked.
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.