Species Conservation Act, 2025

PART I INTERPRETATION, APPLICATION AND ADMINISTRATION

1 The purposes of this Act are, (a) to identify species at risk based on the best available scientific information, including information obtained from community knowledge and Indigenous traditional knowledge; and (b) to provide for the protection and conservation of species at risk while taking into account social and economic considerations, including the need for sustainable economic growth in Ontario. 2025, c. 4, Sched. 10, s. 1; 2025, c. 11, Sched. 9, s. 1. Section Amendments with date in force (d/m/y) 2025, c. 11, Sched. 9, s. 1 - 30/03/2026

2 (1) In this Act, “COSSARO” means the Committee on the Status of Species at Risk in Ontario; (“CDSEPO”) “habitat” means, subject to subsection (2), (a) in respect of an animal species, (i) a dwelling place, such as a den, nest or other similar place, that is occupied or habitually occupied by one or more members of a species for the purposes of breeding, rearing, staging, wintering or hibernating, and (ii) the area immediately around a dwelling place described in subclause (i) that is essential for the purposes set out in that subclause, (b) in respect of a vascular plant species, the critical root zone surrounding a member of the species, and (c) in respect of all other species, an area on which any member of the species directly depends in order to carry on its life processes; (“habitat”) “justice” has the same meaning as in the Provincial Offences Act; (“juge”) “Minister” means the M…

3 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing Aboriginal or treaty rights of the Aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

4 Unless otherwise provided in this Act or the regulations, this Act and the regulations do not apply with respect to the following species, if the species is listed as extirpated, endangered or threatened on the List of Wildlife Species at Risk under the Species at Risk Act (Canada): 1. Species of birds protected by the Migratory Birds Convention Act, 1994 (Canada). 2. Aquatic species as defined in subsection 2 (1) of the Species at Risk Act (Canada).

5 (1) The Minister may designate persons or classes of persons as provincial officers in respect of any provision of this Act or the regulations that is set out in the designation. Limitations (2) The Minister may limit a designation made under subsection (1) in such manner as the Minister considers advisable.

6 (1) The Minister may authorize the Deputy Minister or any other employee in the Ministry to exercise any power or perform any duty that is granted to or vested in the Minister under this Act. Limitations (2) The Minister may limit an authorization made under subsection (1) in such manner as the Minister considers advisable.

7 (1) This Act binds the Crown in right of Ontario. Protection and conservation activities (2) Nothing in this Act prohibits employees or agents of the Crown in right of Ontario from, (a) possessing or transporting a member of a species listed on the Protected Species in Ontario List; or (b) engaging in any other activity to assist in the protection and conservation of species listed on the Protected Species in Ontario List.

PART II CLASSIFICATION OF SPECIES

8 Despite section 4, a reference to a “species” in this Part includes a reference to species described in that section.

9 (1) The committee known in English as the Committee on the Status of Species at Risk in Ontario (COSSARO) and in French as Comité de détermination du statut des espèces en péril en Ontario (CDSEPO) is continued. Composition (2) COSSARO shall be composed of at least 10 members who shall be appointed by the Lieutenant Governor in Council on the recommendation of the Minister. Qualifications (3) The Minister shall not recommend a person to be a member of COSSARO unless the Minister considers the person to have relevant expertise that is drawn from, (a) a scientific discipline such as conservation biology, ecology, genetics, population dynamics, taxonomy, systematics or wildlife management; or (b) community knowledge or Indigenous traditional knowledge. Chair and vice-chair (4) The Lieutenant Governor in Council shall designate a chair and a vice-chair from among the members of COSSARO. In…

10 (1) COSSARO shall perform the following functions: 1. Subject to section 11, maintain criteria for assessing and classifying species as extinct, extirpated, endangered, threatened or of special concern. 2. Maintain and prioritize a list of species that should be assessed and classified, including species that should be reviewed and, if appropriate, reclassified. 3. Subject to section 13, assess, review and classify species in accordance with the list maintained under paragraph 2. 4. Submit reports to the Minister in accordance with this Act. 5. Provide advice to the Minister on any matter submitted to COSSARO by the Minister. 6. Perform any other function required under this or any other Act. List of species to be assessed (2) COSSARO shall ensure that the list referred to in paragraph 2 of subsection (1) includes every Ontario species that, (a) is classified by the Committee on the S…

11 (1) For the purposes of this Act, COSSARO shall classify species in accordance with the following rules: 1. A species shall be classified as an extinct species if it no longer lives anywhere in the world. 2. A species shall be classified as an extirpated species if it lives somewhere in the world, lived at one time in the wild in Ontario, but no longer lives in the wild in Ontario. 3. A species shall be classified as an endangered species if it lives in the wild in Ontario but is facing imminent extinction or extirpation. 4. A species shall be classified as a threatened species if it lives in the wild in Ontario, is not endangered, but is likely to become endangered if steps are not taken to address factors threatening to lead to its extinction or extirpation. 5. A species shall be classified as a special concern species if it lives in the wild in Ontario, is not endangered or threate…

12 (1) Between January 1 and January 31 of each year, COSSARO shall submit an annual report to the Minister that sets out, (a) the common name and scientific name of each species that COSSARO has classified since its last annual report as extinct, extirpated, endangered, threatened or of special concern; (b) the classification of each species described in clause (a) and the reasons for the classification; and (c) an indication of whether the species is a species described in section 4. Same (2) The annual report may also state that, (a) an assessment of a species indicates that it is not at risk; or (b) there is insufficient information available to classify a species.

13 (1) COSSARO shall not submit an additional report with respect to the classification of species to the Minister unless, (a) the Minister has requested that COSSARO classify a species or reconsider its classification of a species under subsection (2) or (3); or (b) COSSARO is of the opinion that a species that is not listed on the Protected Species in Ontario List may be facing imminent extinction or extirpation. Risk of imminent extinction or extirpation (2) If a species is not listed on the Protected Species in Ontario List and the Minister is of the opinion that the species may be facing imminent extinction or extirpation, the Minister may require COSSARO to assess and classify the species and, not later than the date specified by the Minister, submit a report to the Minister under subsection (1). Reconsideration (3) If the Minister is of the opinion that credible scientific informa…

PART III PROTECTION AND CONSERVATION OF SPECIES

General

14 (1) The Lieutenant Governor in Council may make a regulation listing species that are classified by COSSARO as extirpated, endangered or threatened. Deviation from COSSARO classification (2) A regulation made under subsection (1) is not required to list all of the species classified by COSSARO but, if a species is listed, the classification of the species shall be the same as COSSARO’s classification and shall include any geographic limitation indicated by COSSARO in respect of the species under subsection 11 (2). Contents of regulation (3) A regulation made under subsection (1) shall include the following information for each species: 1. The common name and scientific name of the species. 2. COSSARO’s classification of the species as extirpated, endangered or threatened. 3. If the classification applies only to a specified geographic area, the area. Notice of proposal, Environmental …

15 Despite any other provision of this Act or the regulations, no person shall engage in an activity that results in or is likely to result in a species no longer living in the wild in Ontario. 2025, c. 4, Sched. 10, s. 15; 2025, c. 11, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2025, c. 11, Sched. 9, s. 3 - 30/03/2026 Prohibition, s. 16 activities

16 (1) No person shall engage in a registerable activity unless, (a) the person has registered the activity in the Registry in accordance with the regulations; (b) the Minister has provided the person with a confirmation of registration in respect of the activity; (c) the person engages in the activity in accordance with the regulations; and (d) the registration is not suspended and has not been removed from the Registry. Permit required (2) No person shall, except under and in accordance with a permit, engage in a permit activity. Exceptions (3) Subsection (1) or (2), as applicable, does not apply in respect of any of the following section 16 activities: 1. In the case of an activity described in clause (b) of the definition of “section 16 activity” in subsection 2 (1), the member of the species affected by the activity was lawfully killed, captured or taken in a jurisdiction outside of…

17 (1) The Minister shall, by regulation, establish, maintain and operate a registry known in English as the Species Conservation Registry and in French as Registre pour la conservation des espèces. Purposes (2) The purposes of the Registry are to allow persons to register registerable activities and any other purposes as may be prescribed.

18 (1) When registering an activity in the Registry, a person shall include the prescribed information in the registration. Minister to provide confirmation (2) If a person registers an activity in the Registry and pays any required fee, the Minister shall provide the person with a confirmation of registration. Retention of confirmation and maintenance of registration (3) A person who engages in a registerable activity shall ensure that the confirmation of registration is retained and that, (a) the registration is maintained and updated in accordance with the regulations, if any; (b) the registration includes any data, reports, documents or other information as may be required by the Minister or as may be prescribed; and (c) the registration includes the results of any tests or experiments relating to the registered activity as may be required by the Minister or as may be prescribed. Com…

19 (1) The Minister may suspend a registration in respect of an activity or remove the registration from the Registry if, (a) the person who is engaging in the activity is in contravention of this Act or the regulations; (b) the past conduct of the person who is engaging in the activity, or, if the person is a corporation, the past conduct of its officers and directors, affords reasonable grounds to believe that the person will not engage in the activity in accordance with this Act or the regulations; (c) the confirmation of registration was provided on the basis of misleading, mistaken, false or inaccurate information; (d) the person who was engaging in the activity is no longer doing so; (e) a registerable activity becomes a permit activity and, (i) if an application for a permit in respect of the activity has been made, a decision under subsection 22 (1) in respect of the application …

20 The Minister shall file in the Registry a copy of any order issued or notice given under section 19.

Permits

21 (1) A person may apply to the Minister for a permit to engage in one or more permit activities. Form (2) An application under this section shall be prepared and submitted to the Minister in accordance with any prescribed requirements. Multiple sites (3) If a person applies for a permit to engage in a permit activity that is to be engaged in at more than one site, the application may be in respect of the activity at more than one site unless the Minister requires otherwise.

22 (1) After considering an application for a permit in respect of one or more permit activities at one or more sites, the Minister may, (a) issue or refuse to issue a permit in respect of one or more of the activities at one or more of the sites; (b) if the Minister issues a permit, impose conditions in the permit; (c) amend an existing permit that is in effect and impose, amend or revoke the conditions or expand the scope of the permit to other activities or sites; (d) revoke the permit in whole or in part, with or without issuing a new permit; or (e) suspend a permit in whole or in part. Conditions (2) In addition to any conditions imposed under clause (1) (b) or (c), a permit issued under this section is subject to any conditions prescribed by the Lieutenant Governor in Council. Same (3) Without limiting the generality of subsection (2), conditions in a permit may, (a) limit the time…

Laws of Other Jurisdictions Activities contrary to laws of other jurisdictions

23 (1) No person shall possess a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism or any thing derived from a living or dead animal, plant or other organism, if the thing possessed, or the animal, plant or other organism, (a) was killed, captured, taken, possessed, collected, transported, bought, sold, leased or traded contrary to a law that is described in subsection (3); or (b) was removed from another jurisdiction, contrary to a law of that jurisdiction that is described in subsection (3). Purchase, sale etc, contrary to law in other jurisdiction (2) No person shall buy, sell, lease, trade or offer to buy, sell, lease or trade a living or dead animal, plant or other organism, any part of a living or dead animal, plant or other organism, or any thing derived from a living or dead animal, plant or other organism, that has been …

Codes of Practice and the Species Conservation Program

24 The Minister may establish codes of practice, standards or guidelines with respect to the protection and conservation of species that are listed on the Protected Species in Ontario List and their habitat.

25 (1) The program known in English as the Species Conservation Program and in French as Programme de conservation des espèces is continued. Purpose (2) The purpose of the program is to promote protection and conservation activities that relate to species classified by COSSARO in a report submitted under section 12 or 13, including, (a) the preservation and rehabilitation of habitat, and the enhancement of other areas so that they can become habitat; (b) public education and outreach programs relating to conservation; and (c) other activities to assist in the protection and conservation of species. Grants (3) As part of the program, the Minister may make grants for the purpose described in subsection (2).

PART IV ENFORCEMENT

Provincial Officers

26 A provincial officer who is acting under this Act shall, on request, produce identification.

27 (1) For the purposes of determining if a person is in compliance with this Act or the regulations, a provincial officer may, at any reasonable time and with any reasonable assistance, require the person, or any person employed by or providing services to the person, to respond to reasonable inquiries. Same (2) For the purposes of subsection (1), a provincial officer may make inquiries by any means of communication. Production of document (3) In requiring a person to respond to an inquiry under subsection (1), a provincial officer may require the production of any document or data, in any form, required to be kept under this Act and any other document or data, in any form, related to the purpose of the inquiry. Records in electronic form (4) If a record is retained in electronic form, a provincial officer may require that a copy of it be provided either on paper or electronically, or b…

28 A provincial officer may use whatever force is reasonably necessary to exercise any of their powers under this Act.

29 A provincial officer who has the power to enter any land, building or other place under this Act, and any person authorized under this Act to accompany the provincial officer, may enter and pass through other private property for the purpose of reaching the land, building or other place.

30 The Minister may, for the purpose of inspections and other law enforcement activities under this Act, exempt a provincial officer from the application of any provision of this Act, subject to such conditions as the Minister considers necessary and shall set out such exemptions in a designation made under subsection 5 (1). Compliance with inspections, etc.

31 (1) No person shall hinder or obstruct any provincial officer or any employee in or agent of the Ministry in the performance of their duties under this Act. False information (2) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry, any employee in or agent of the Ministry or any person involved in carrying out a program of the Ministry, in respect of any matter related to this Act or the regulations. Same (3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act or the regulations. Refusal to provide information (4) No person shall refuse to provide any provincial officer, the Minister, the Ministry or any employee in or agent of the Ministry with information requi…

Inspections

32 (1) A provincial officer may enter and inspect any land or other place without a warrant for the purpose of determining whether there is compliance with any of the following provisions: 1. Section 15, subsection 16 (1) or (2) or section 23. 2. Any provision of a permit. 3. Any provision of an order issued under section 36, 37, 38, 39 or 54. 4. Any provision of the regulations. Dwellings (2) Subsection (1) does not authorize the provincial officer to enter a building or part of a building that is being used as a dwelling. Warrant; compliance with permits, orders (3) On application without notice, a justice may issue a warrant authorizing a provincial officer to enter and inspect any land or other place, including a building or part of a building that is being used as a dwelling, if the justice is satisfied by information under oath that there are reasonable grounds to believe that, (a)…

33 (1) A provincial officer may stop a vehicle, boat or aircraft if the officer has reasonable grounds to believe that stopping the vehicle, boat or aircraft would assist in determining whether there is compliance with any of the following provisions: 1. Section 15, subsection 16 (1) or (2) or section 23. 2. Any provision of a permit. 3. Any provision of an order issued under section 36, 37, 38, 39 or 54. 4. Any provision of the regulations. Operator to stop (2) On the provincial officer’s signal to stop, the operator of the vehicle, boat or aircraft shall immediately stop and produce for inspection any thing requested by the officer that is relevant to the purpose for which the vehicle, boat or aircraft was stopped. Stop signals (3) For the purpose of subsection (2), signals to stop include, (a) intermittent flashes of red light, in the case of a vehicle; (b) intermittent flashes of blu…

34 (1) On application without notice, a justice may issue a warrant authorizing a provincial officer to use any investigative technique or procedure or to do any thing described in the warrant if the justice is satisfied by information under oath that there are reasonable grounds to believe that an offence under this Act has been or is being committed and that evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing. Assistance (2) The warrant may authorize any person specified in the warrant to accompany and assist the provincial officer in the execution of the warrant. Warrant, authorized activities (3) The warrant shall authorize the provincial officer to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may, in r…

35 (1) A provincial officer who is lawfully in a building or other place may, without a warrant, seize any thing that the officer has reasonable grounds to believe, (a) has been obtained by the commission of an offence under this Act; (b) has been used in the commission of an offence under this Act; (c) will afford evidence of the commission of an offence under this Act; or (d) is intermixed with a thing referred to in clause (a), (b) or (c). Presence pursuant to warrant (2) If the provincial officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant. Safekeeping (3) A provincial officer shall deliver any thing that they seize to a person authorized by the Minister for safekeeping. Leaving with occupant (4) Despite subsection (3), a provincial officer may leave a thing that they seize in the custody …

Orders

36 (1) The Minister may issue an order described in subsection (2) to any of the following persons engaging in a section 16 activity, if the Minister has reasonable grounds to believe that the actions are necessary or advisable to mitigate any potential adverse effect on a species or its habitat resulting from the activity: 1. A person who holds a permit in respect of the activity. 2. A person who has registered the activity in the Registry. 3. A person to whom subsection 16 (1) or (2), as applicable, does not apply in respect of the activity. 4. Any other person prescribed by the Lieutenant Governor in Council. Contents (2) The order shall require a person mentioned in subsection (1) to take one or more of the following actions within the time and in the manner specified in the order: 1. Engage contractors or consultants satisfactory to the Minister or a provincial officer to prepare a …

37 (1) The Minister may issue an order described in subsection (2) in any of the following circumstances: 1. A regulation made under clause 65 (1) (b) limits the definition of “habitat” in respect of a species and the Minister has reasonable grounds to believe that a person is engaging in or about to engage in an activity that results in or is likely to result in damage or destruction to an area that would otherwise be habitat for the species. 2. A species not listed on the Protected Species in Ontario List is classified in a report submitted under section 12 or 13 as extirpated, endangered or threatened and the Minister has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that results in or is likely to result in damage to or destruction of the species’ habitat. 3. The Minister has reasonable grounds to believe that a person is engaging in …

38 (1) If the Minister receives a report from COSSARO classifying a species as extirpated, endangered or threatened and the species is not listed on the Protected Species in Ontario List, the Minister may issue an order described in subsection (2) if the Minister has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that results in or is likely to result in a significant adverse effect on the species. 2025, c. 4, Sched. 10, s. 38 (1); 2025, c. 11, Sched. 9, s. 6. Contents of order (2) The order shall require a person mentioned in subsection (1) to take one or more of the following actions within the time and in the manner specified in the order: 1. If the activity has not commenced, do not engage in the activity. 2. Stop engaging in the activity. 3. Engage in the activity in accordance with directions set out in the order. 4. Take steps set o…

39 (1) A provincial officer may issue an order requiring a person to take one or more of the actions set out in subsection (2) within the time and in the manner specified in the order if the provincial officer has reasonable grounds to believe that the person is engaging in, previously engaged in or is about to engage in an activity that results in or is likely to result in a contravention of any of the following provisions: 1. Section 15, subsection 16 (1) or (2) or section 23. 2. Subsection 22 (9) in respect of any provision of a permit. 3. Section 41 in respect of any provision of an order issued under section 36, 37 or 38. 4. Subsection 54 (2) in respect of any provision of an order issued under subsection 54 (1). 5. Any provision of the regulations. Contents (2) The following are the actions mentioned in subsection (1): 1. Stop engaging in or not engage in the activity. 2. Take step…

40 (1) An order issued under subsection 19 (2) or section 36, 37, 38 or 39 shall be served, (a) personally; (b) by mail addressed to the person to whom the order is issued at the person’s last known address; (c) in the case of an order issued under subsection 19 (2), by filing a copy of the order on the Registry in accordance with section 20; or (d) in accordance with the regulations, if any. Mail (2) An order served by mail shall be deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the order until a later date. Effective date (3) An order mentioned in subsection (1) takes effect when it is served, or at such later time as is specified in the order.

41 (1) A person who is served with an order under section 40 shall comply with the order. Exception (2) Subsection (1) does not apply in respect of an order issued under subsection 19 (2).

PART V APPEALS

42 (1) A person may require a hearing by the Tribunal if, (a) the Minister takes an action set out in subsection 22 (1) or (7) in respect of a permit issued to the person; or (b) the Minister or a provincial officer issues an order under subsection 19 (2) or section 36, 37, 38 or 39 to the person or amends such an order. Same (2) The person may require the hearing by written notice served on the Minister or provincial officer, as applicable, and on the Tribunal, within 15 days after the action in respect of the permit is taken or the person is served with the order. Failure or refusal to issue, etc. (3) Failure or refusal to issue, amend or revoke an order is not itself an order.

43 The Tribunal shall extend the time in which a person may give a notice under subsection 42 (2) requiring a hearing if, in the Tribunal’s opinion, it is just to do so because the person establishes that they, acting in good faith, did not receive notice of the permit or order or received it on a later date because of a reason beyond the person’s control, including absence, accident, disability or illness.

44 (1) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing, (a) the portions of the permit or order in respect of which the hearing is required; and (b) the grounds on which the applicant intends to rely at the hearing. Effect of contents of notice (2) Except with leave of the Tribunal, at a hearing by the Tribunal, an applicant is not entitled to appeal a portion of the permit or order, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing. Leave by Tribunal (3) The Tribunal may grant the leave referred to in subsection (2) if the Tribunal is of the opinion that to do so is proper in the circumstances, and it may give such directions as it considers proper consequent on the granting of the leave.

45 (1) The commencement of a proceeding before the Tribunal does not stay the operation of the portions of a permit or order under appeal unless the Tribunal orders otherwise. Tribunal may grant stay (2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of the portions of a permit or order described in subsection (1). Right to apply to remove stay: new circumstances (3) A party to a proceeding may apply for the removal of a stay that was granted under subsection (2) if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application. Right to apply to remove stay: new party (4) A person who is made a party to a proceeding after a stay is granted under subsection (2) may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may gran…

46 The following persons are parties to the proceeding: 1. The person requiring the hearing. 2. The provincial officer, if the officer issued the order being appealed. 3. The Minister, if the Minister issued the permit or order being appealed. 4. Any other person specified by the Tribunal.

47 A hearing by the Tribunal shall be a new hearing and the Tribunal may confirm, amend or revoke the action of the Minister or provincial officer that is the subject matter of the hearing and, for such purposes, the Tribunal may substitute its opinion for that of the Minister or provincial officer, as applicable.

48 (1) Any party to a hearing before the Tribunal under this Act may appeal from its decision on a question of law to the Divisional Court, with leave of the Divisional Court, in accordance with the rules of court. Decision of Tribunal not automatically stayed on appeal (2) An appeal of a decision of the Tribunal to the Divisional Court under this section does not stay the operation of the decision, unless the Tribunal orders otherwise. Divisional Court may grant or set aside stay (3) If a decision of the Tribunal is appealed to the Divisional Court under this section, the Divisional Court may, (a) stay the operation of the decision; or (b) set aside a stay ordered by the Tribunal under subsection (2).

PART VI OFFENCES AND PENALTIES

49 (1) A person is guilty of an offence if the person contravenes any of the following provisions: 1. Section 15, subsection 16 (1) or (2), 18 (3), 22 (9), 23 (1) or (2), section 31, subsection 33 (2), section 41 or subsection 54 (2). 2. Any prescribed provision of the regulations. 2025, c. 4, Sched. 10, s. 49 (1); 2025, c. 11, Sched. 9, s. 7. Attempts (2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence. 2025, c. 4, Sched. 10, s. 49 (2). Section Amendments with date in force (d/m/y) 2025, c. 11, Sched. 9, s. 7 - 30/03/2026

50 If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.

51 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that, (a) the offence was committed without the knowledge of the defendant; and (b) the offence was committed without the consent of the defendant.

52 A person shall not be convicted of an offence under this Act if the person establishes that, (a) the person exercised all due diligence to prevent the commission of the offence; or (b) the person honestly and reasonably believed in the existence of facts that, if true, would render the person’s conduct innocent.

53 (1) A person convicted of an offence under this Act is liable, (a) in the case of a first offence under this Act, (i) to a fine of not more than $1,000,000, in the case of a corporation, or (ii) to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person; and (b) in the case of a second or subsequent offence under this Act, (i) to a fine of not more than $2,000,000, in the case of a corporation, or (ii) to a fine of not more than $500,000 or to imprisonment for a term of not more than one year, or to both, in the case of any other person. More than one animal, plant, etc. (2) Despite subsection (1), if an offence involves more than one animal, plant or other organism, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (1), multiplied by the number of animals, plants…

54 (1) The court that convicts a person of an offence under this Act may, in addition to imposing a fine or imprisonment, issue any of the following orders against the person: 1. An order not to engage in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence. 2. An order to take any action that the court considers appropriate to remedy or avoid any adverse effect to a species that resulted or may result from the commission of the offence, including action to rehabilitate or restore habitat damaged or destroyed by the offence or to provide for alternative habitat. 3. An order to pay the Government of Ontario or any other person for all or part of any costs incurred to remedy or avoid any adverse effect to a species that resulted or may result from the commission of the offence, including action to rehabilitate or restore habitat dama…

55 The Crown in right of Ontario may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a prosecution for an offence under this Act.

56 A prosecution for an offence under this Act shall not be commenced more than five years after the offence first came to the attention of a provincial officer. 2025, c. 4, Sched. 10, s. 56; 2025, c. 11, Sched. 9, s. 8. Section Amendments with date in force (d/m/y) 2025, c. 11, Sched. 9, s. 8 - 30/03/2026

57 In a prosecution under this Act, (a) a living or dead animal, plant or other organism that is not easily distinguishable from a member of a species that is listed on the Protected Species in Ontario List is deemed, in the absence of evidence to the contrary, to be a member of that species; and (b) a part of a living or dead animal, plant or other organism that is not easily distinguishable from a part of a member of a species that is listed on the Protected Species in Ontario List is deemed, in the absence of evidence to the contrary, to be a part of a member of that species.

58 In a prosecution under this Act, a copy of a document or other thing purporting to be certified by a provincial officer as a true copy of a document or other thing inspected or seized under this Act or Part VIII of the Provincial Offences Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the document or other thing.

59 (1) In this section, “official document” means, (a) a permit, order, notice or confirmation of registration under this Act, (b) a certificate as to service of a document mentioned in clause (a), (c) a certificate as to the custody of any book, record or report or as to the custody of any other document, or (d) a certificate as to whether or not any document or notification was received or issued by the Minister or the Ministry under this Act. Official documents as evidence (2) An official document that purports to be signed by the Minister or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document.

PART VII MISCELLANEOUS

60 (1) The Minister shall ensure that the following information is made available to the public: 1. General information about this Act and the regulations. 2. The most recent information that the Minister has received from COSSARO under subsection 10 (3). 3. All reports submitted to the Minister by COSSARO under sections 12 and 13. 4. General information about the enforcement of this Act. Publication of COSSARO reports (2) COSSARO reports that are required to be made available to the public under paragraph 3 of subsection (1) shall be made available no later than 90 days after the report is submitted.

61 Nothing in this Act requires the Minister to make information available to the public or otherwise disclose information if doing so could reasonably be expected to lead to a contravention of section 15, subsection 16 (1) or (2) or 23 (1) or (2).

62 The Ministry may, for the purposes of this Act, collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act.

63 (1) A regulation may incorporate, in whole or in part and with such changes as the Minister or the Lieutenant Governor in Council considers necessary, a document, including a code, formula, standard, protocol, procedure or guideline, as the document may be amended or remade from time to time. Same (2) An amendment to a document referred to in subsection (1), or a remade version of such a document, has no effect until the Ministry publishes notice of the amendment or remade document in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993.

64 (1) The Minister may make regulations, (a) prescribing anything that is referred to in this Act as prescribed or as otherwise dealt with in the regulations, other than by the Lieutenant Governor in Council; (b) prescribing section 16 activities for the purposes of subsection 16 (2); (c) governing the establishment, operation and maintenance of the Registry, including, (i) governing registrations, including requiring electronic registrations, and procedures for registering, which may include designating a person responsible for establishing procedures, (ii) governing the maintenance of registrations and prescribing any information, reports, records or documents to be included in registrations, (iii) prescribing the timing and requirements relating to periodic updating of registrations, (iv) governing registrable activities, (v) requiring persons with qualifications specified in the reg…

65 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing anything that is referred to in this Act as prescribed or as otherwise dealt with in the regulations made by the Lieutenant Governor in Council; (b) limiting the application of “habitat” as defined in subsection 2 (1) in respect of one or more specified species that are listed on the Protected Species in Ontario List; (c) defining “adverse effect”, “alternative habitat”, “in the wild”, “significant adverse effect” and “site” for the purposes of this Act; (d) governing any transitional matters that may arise in connection with the application of this Act or the regulations; (e) respecting any matter that the Lieutenant Governor in Council considers advisable to effectively carry out the purpose of this Act other than a matter mentioned in section 64. Same, excepted registerable activities (2) Without limiting …

PART VIII TRANSITION Agency under the Endangered Species Act, 2007

66 (1) For greater certainty, subsections 20.18 (1) to (3) of the Endangered Species Act, 2007 continue to apply in respect of any act or omission of the Agency or its officers, directors or employees done under the authority of that Act before its repeal. Unpaid judgments against Agency (2) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgement against the Agency that remains unpaid after the day the Endangered Species Act, 2007 is repealed. Species Conservation Account (3) Amounts not exceeding the balance in the Species Conservation Account established under the Endangered Species Act, 2007 may be charged to the account and paid out of the Consolidated Revenue Fund for the purpose of funding activities that further the purposes of this Act. Definitions (4) In this section, “Agency” and “Fund” have the same meaning as in subsection 2 (1) of the…

67 (1) The Lieutenant Governor in Council may make regulations governing any transitional matters that may arise from the enactment of this Act or the repeal of any provision of the Endangered Species Act, 2007, including, (a) governing proceedings commenced but not finally disposed of under the Endangered Species Act, 2007, including providing for their termination; (b) providing for the continued application, on a transitional basis, of any provision of the Endangered Species Act, 2007 or any provision of a regulation that is revoked by this Act, as the provision read immediately before its repeal or revocation, with such modifications as may be specified. Same (2) In the event of a conflict between a regulation made under subsection (1) and this Act, the regulation prevails to the extent of the conflict. Part IX (OMITTED)

68, 69 Omitted (amends, repeals or revokes other legislation).

70 Omitted (provides for coming into force of provisions of this Act).

71 Omitted (enacts short title of this Act). ______________