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ontario regulation 122/12

made under the

Endangered Species Act, 2007

Made: May 30, 2012
Filed: June 1, 2012
Published on e-Laws: June 1, 2012
Printed in The Ontario Gazette: June 16, 2012


Amending O. Reg. 242/08

(GENERAL)

1. Section 1 of Ontario Regulation 242/08 is amended by adding the following subsection:

(2) A reference in this Regulation to a geographic area is a reference to a geographic area named and described in Schedule 1 or 2 to Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made under the Territorial Division Act, 2002.

2. The Regulation is amended by adding the following section:

Virginia mallow

6.1 Subsection 10 (1) of the Act does not apply to a person who damages or destroys an area that is the habitat of the Virginia mallow if the only Virginia mallow present in the area,

(a) did not originate from plants native to Ontario; or

(b) was planted for purposes other than species recovery, ecological restoration or rehabilitation or habitat creation.

3. (1) Subparagraph 2 ii of subsection 23.2 (4) of the Regulation is amended by striking out “development of a lot” and substituting “development of land”.

(2) Subparagraph 2 iii of subsection 23.2 (4) of the Regulation is amended by striking out “development of a lot” and substituting “development of land”.

4. The Regulation is amended by adding the following sections:

American white pelican habitat

24.0.1 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the geographic areas of Thunder Bay, Kenora and Rainy River are prescribed as the habitat of American white pelican.

(2) Subsection (1) applies to the following areas: 

1. An area that is being used, or was used at any time during the previous 10 years, for nesting by a single American white pelican or a colony of American white pelicans.

2. The area within 300 metres of an area described in paragraph 1. 

. . . . .

Bent spike-rush habitat

24.1.1 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic townships are prescribed as the habitat of bent spike-rush:

1. The geographic Township of Walsingham within the County of Norfolk.

2. The geographic Township of Raleigh within the Municipality of Chatham-Kent.

(2) Subsection (1) applies to the following areas:

1. An interdunal pond in which bent spike-rush exists or on which bent spike-rush depends to carry on its life processes.

2. An area belonging to a Great Lakes coastal meadow marsh or any other ecosite identified under the land classification system for southern Ontario if bent spike-rush exists in that area or depends on the area to carry on its life processes.

3. Any other area in which bent spike-rush exists or on which bent spike-rush depends to carry on its life processes.

(3) For the purposes of paragraph 1 of subsection (2), the boundaries of an interdunal pond referred to in that paragraph shall be determined based on its ­maximum historic extent.

(4) In paragraph 2 of subsection (2),

“land classification system for southern Ontario” means the land classification system set out in the document entitled Ecological Land Classification for Southern Ontario: First Approximation and its Application, dated September, 1998 and published by the Ontario Ministry of Natural Resources, as that document may be amended from time to time.

Common five-lined skink (Carolinian population) habitat

24.1.2 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the geographic areas of Chatham-Kent, Elgin, Essex, Haldimand, Halton, Lambton, Middlesex and Niagara are prescribed as the habitat of the common five-lined skink (Carolinian population).

(2) Subsection (1) applies to the following areas:

1. A naturally occurring area that is being used, or was used at any time in the past three years, by a common five-lined skink (Carolinian population) as a nesting or hibernation site.

2. The area within 30 metres of the area described in paragraph 1. 

3. An area other than a naturally occurring area being used by a common five-lined skink (Carolinian population) as a nesting site from the time it is used until the following August 31.

4. An area other than a naturally occurring area being used by a common five-lined skink (Carolinian population) as a hibernation site from the time it is used until the following May 31.

5. An area that is being used, or has been used at any time in the previous three years, by a common five-lined skink (Carolinian population) to carry on life processes other than nesting or hibernation.

6. If an area described in paragraph 1, 2, 3, 4 or 5 is located in an area belonging to a land classification described in subsection (3), the entire area so classified and any other contiguous areas, or areas connected by swamp or marsh, that also belong to a land classification described in subsection (3).

7. An area within 50 metres of an area described in paragraph 3, 4 or 5 if that area provides suitable conditions for a common five-lined skink (Carolinian population) to carry on its life processes.

(3) The following are the land classifications referred to in paragraph 6 of subsection (2):

1. Any of the following community classes identified under the land classification system for southern Ontario:

i. A beach/bar.

ii. A sand dune.

iii. A sand barren.

iv. A tallgrass prairie, savannah or woodland.

v. A forest.

2. A community series identified as cultural meadow under the land classification system for southern Ontario.

(4) In subsection (3),

“land classification system for southern Ontario” means the land classification system set out in the document entitled Ecological Land Classification for Southern Ontario: First Approximation and its Application, dated September, 1998 and published by the Ontario Ministry of Natural Resources, as that document may be amended from time to time.

. . . . .

Eastern Foxsnake (Carolinian population) habitat

24.3 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic areas and parts of geographic areas are prescribed as the habitat of eastern foxsnake (Carolinian population):

1. The geographic areas of Chatham-Kent, Essex, Haldimand, Lambton and Norfolk.

2. The parts of the geographic area of Elgin composed of the lower-tier municipalities of Bayham and West Elgin.

(2) Subsection (1) applies to the following areas:

1. An eastern foxsnake (Carolinian population) hibernaculum.

2. The area within 100 metres of the area described in paragraph 1. 

3. A naturally occurring eastern foxsnake (Carolinian population) egg laying site that is being used, or has been used at any time in the previous three years, by an eastern foxsnake (Carolinian population).

4. An eastern foxsnake (Carolinian population) egg laying site, other than a naturally occurring egg laying site, being used by an eastern foxsnake (Carolinian population) from the time it is used until the following November 30.

5. A naturally occurring eastern foxsnake (Carolinian population) shedding or basking site that is being used, or has been used at any time in the previous three years, by two or more eastern foxsnakes (Carolinian population).

6. An eastern foxsnake (Carolinian population) shedding or basking site, other than a naturally occurring shedding or basking site, that is being used by two or more eastern foxsnakes (Carolinian population) from the time it is used until the following November 30.

7. The area within 30 metres of an area described in paragraph 3, 4, 5 or 6.

8. Any part of a prairie, savannah, hedge row, shoreline, marsh, old field, forest, sand dune or similar area that is being used by an eastern foxsnake (Carolinian population) or on which an eastern foxsnake (Carolinian population) directly depends to carry on its life processes.

9. An area that provides suitable foraging, thermoregulation, or hibernation conditions for eastern foxsnake (Carolinian population) that is within 1,500 metres of any area described in paragraph 8.

10. An area that provides suitable conditions for an eastern foxsnake (Carolinian population) to move between areas described in paragraphs 1 through 9.

(3) Subsection (1) does not apply to an area that is part of a lake or river below the historical low water mark.

Eastern Foxsnake (Georgian Bay population) habitat

24.4 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic areas and parts of geographic areas are prescribed as the habitat of eastern foxsnake (Georgian Bay population):

1. The geographic areas of Parry Sound and Sudbury.

2. The part of the geographic area of Muskoka composed of the lower-tier municipality of Georgian Bay.

3. The parts of the geographic area of Simcoe composed of the lower-tier municipalites of Midland, Penetanguishene, Severn, Tay and Tiny.

(2) Subsection (1) applies to the following areas:

1. An eastern foxsnake (Georgian Bay population) hibernaculum.

2. The area within 100 metres of the area described in paragraph 1. 

3. A naturally occurring eastern foxsnake (Georgian Bay population) egg laying site that is being used, or has been used at any time in the previous three years, by an eastern foxsnake (Georgian Bay population).

4. An eastern foxsnake (Georgian Bay population) egg laying site, other than a naturally occurring egg laying site, being used by an eastern foxsnake (Georgian Bay population) from the time it is used until the following November 30.

5. A naturally occurring eastern foxsnake (Georgian Bay population) shedding or basking site that is being used, or has been used at any time in the previous three years, by two or more eastern foxsnakes (Georgian Bay population).

6. An eastern foxsnake (Georgian Bay population) shedding or basking site, other than a naturally occurring shedding or basking site, that is being used by two or more eastern foxsnakes (Georgian Bay population) from the time it is used until the following November 30.

7. The area within 30 metres of an area described in paragraph 3, 4, 5 or 6.

8. Any part of a rock barren, open forest, old field, marsh, shoreline or similar area that is being used by an eastern foxsnake (Georgian Bay population) or on which an eastern foxsnake (Georgian Bay population) directly depends to carry on its life processes.

9. An area that provides suitable foraging, thermoregulation, or hibernation conditions for eastern foxsnake (Georgian Bay population) that is,

i. within 3,600 metres of an area described in paragraph 8 and no more than 500 metres above the high water mark of Georgian Bay, or

ii. within 1,500 metres of any area described in paragraph 8 and within the boundaries set out in subsection (3).

10. An area that provides suitable conditions for an eastern foxsnake (Georgian Bay population) to move between areas described in paragraphs 1 through 9.

(3) The boundaries referred to in subparagraph 9 ii of subsection (2) are as follows:

1. Beginning at the point where the northern limit of the road allowance between Concessions 6 and 7 of the Geographic Township of Baxter meets the waters edge of Georgian Bay.

2. Thence easterly along said limit to the western limit of Highway 400.

3. Thence southerly along the western limit of Highway 400 to the northern waters edge of Tug Channel.

4. Thence northerly along the shore of Georgian Bay to the point of commencement.

(4) Subsection (1) does not apply to,

(a) an area that is part of a lake or river below the historical low water mark; or

(b) an area that was used to grow corn, potatoes, soya beans, wheat or any other row crop in the previous 12 months.

.  . . . .

Gray ratsnake (Carolinian population) habitat

27.1 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic areas and parts of geographic areas are prescribed as the habitat of gray ratsnake (Carolinian population):

1. The geographic areas of Brant, Elgin, Haldimand, Niagara and Norfolk.

2. The part of the geographic area of Middlesex composed of the upper-tier municipality of Middlesex.

(2) Subsection (1) applies to the following areas:

1. A gray ratsnake (Carolinian population) hibernaculum.

2. The area within 150 metres of the area described in paragraph 1.  

3. A naturally occurring gray ratsnake (Carolinian population) egg laying site that is being used, or has been used at any time in the previous three years, by a gray ratsnake (Carolinian population).

4. A gray ratsnake (Carolinian population) egg laying site, other than a naturally occurring egg laying site, being used by a gray ratsnake (Carolinian population) from the time it is used until the following November 30.

5. A naturally occurring gray ratsnake (Carolinian population) shedding or basking site that is being used, or has been used at any time in the previous three years, by two or more gray ratsnakes (Carolinian population).

6. A gray ratsnake (Carolinian population) shedding or basking site, other than a naturally occurring shedding or basking site, that is being used by two or more eastern gray ratsnakes (Carolinian population) from the time it is used until the following November 30.

7. The area within 30 metres of an area described in paragraph 3, 4, 5 or 6.

8. Any part of a meadow, forest, hedge row, shoreline, old field, wetland or similar area that is being used by a gray ratsnake (Carolinian population) or on which a gray ratsnake (Carolinian population) directly depends to carry on its life processes.

9. An area that provides suitable foraging, thermoregulation, or hibernation conditions for gray ratsnake (Carolinian population) that is within 2,000 metres of an area described in paragraph 8.

10. An area that provides suitable conditions for gray ratsnake (Carolinian population) to move between areas described in paragraphs 1 through 9.

(3) Subsection (1) does not apply to an area that is part of a lake or river below the historical low water mark.

Gray ratsnake (Frontenac Axis population) habitat

27.2 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic areas and parts of geographic areas are prescribed as the habitat of gray ratsnake (Frontenac Axis population):

1. The geographic area of Leeds and Grenville.

2. The parts of the geographic area of Frontenac composed of the lower-tier municipalities of Central Frontenac, Frontenac Islands and South Frontenac and the single-tier municipality of Kingston.

3. The parts of the geographic area of Lanark composed of the lower-tier municipalities of Drummond-North Elmsley and Tay Valley.

(2) Subsection (1) applies to the following areas:

1. A gray ratsnake (Frontenac Axis population) hibernaculum.

2. The area within 150 metres of the area described in paragraph 1.  

3. A naturally occurring gray ratsnake (Frontenac Axis population) egg laying site that is being used, or has been used at any time in the previous three years, by a gray ratsnake (Frontenac Axis population).

4. A gray ratsnake (Frontenac Axis population) egg laying site, other than a naturally occurring egg laying site, being used by a gray ratsnake (Frontenac Axis population) from the time it is used until the following November 30.

5. A naturally occurring gray ratsnake (Frontenac Axis population) shedding or basking site that is being used, or has been used at any time in the previous three years, by two or more gray ratsnake (Frontenac Axis population).

6. A gray ratsnake (Frontenac Axis population) shedding or basking site, other than a naturally occurring shedding or basking site, that is being used by two or more eastern gray ratsnake (Frontenac Axis population) from the time it is used until the following November 30.

7. The area within 30 metres of an area described in paragraph 3, 4, 5 or 6.

8. Any part of a rock barren, forest, hedge row, shoreline, old field, wetland or similar area that is being used by a gray ratsnake (Frontenac Axis population) or on which a gray ratsnake (Frontenac Axis population) directly depends to carry on its life processes.

9. An area that provides suitable foraging, thermoregulation, or hibernation conditions for gray ratsnake (Frontenac Axis population) that is within 1,000 metres of an area described in paragraph 8.

10. An area that provides suitable conditions for gray ratsnake (Frontenac Axis population) to move between areas described in paragraphs 1 through 9.

(3) Subsection (1) does not apply to,

(a) an area that is part of a lake or river below the historical low water mark; or

(b) an area that was used to grow corn, potatoes, soya beans, wheat or any other row crop in the previous 12 months.

. . . . .

Northern barrens tiger beetle habitat

28.0.1 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas in the geographic Township of Bosanquet, located in the County of Lambton are prescribed as the habitat of northern barrens tiger beetle:

1. An area that,

i. is being used, or has been used at any time in the previous five years, by a northern barrens tiger beetle, and

ii. provides suitable conditions for a northern barrens tiger beetle to carry on its life processes.

2. An area of exposed sand substrate that is contiguous with an area described in paragraph 1 and within 250 metres of an area described in paragraph 1.

3. An area suitable for foraging, thermoregulation, hibernation, reproduction, or dispersal within 250 metres of an area described in paragraph 1.

(2) For greater certainty, an area of exposed sand substrate referred to in paragraph 2 of subsection (1) may include trails, hydro corridors, access roads, and other similar areas. 

. . . . .

Pale-bellied frost lichen habitat

28.2 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following parts of geographic areas are prescribed as the habitat of pale-bellied frost lichen:

1. The parts of the geographic area of Frontenac composed of the lower-tier municipalities of Central Frontenac and North Frontenac.

2. The part of the geographic area of Lanark composed of the lower-tier municipality of Lanark Highlands.

3. The part of the geographic area of Lennox and Addington composed of the lower-tier municipality of Addington Highlands.

4. The part of the geographic area of Renfrew composed of the lower-tier municipality of Greater Madawaska.

(2) Subsection (1) applies to the following areas:

1. The host tree on which the pale-bellied frost lichen exists and the area within 50 metres of the trunk of the host tree.

2. An area within 100 metres of pale-bellied frost lichen that falls within a water body, watercourse or an area belonging to a community series identified under the land classification system for southern Ontario and that,

i. is suitable for natural colonization from an existing population of pale-bellied frost lichen, or

ii. contributes to the maintenance of suitable microsite characteristics for pale-bellied frost lichen to exist.

(3) In subsection (2),

“land classification system for southern Ontario” means the land classification system set out in the document entitled Ecological Land Classification for Southern Ontario: First Approximation and its Application, dated September, 1998 and published by the Ontario Ministry of Natural Resources, as that document may be amended from time to time.

. . . . .

Rapids clubtail habitat

29.0.1 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following parts of geographic areas are prescribed as the habitat of rapids clubtail:

1. The part of the geographic area of Lanark composed of the lower-tier municipality of Mississippi Mills.

2. The part of the geographic area of Middlesex composed of the lower-tier municipality of Thames Centre.

3. The parts of the geographic area of Oxford composed of the lower-tier municipalities of South-West Oxford and Zorra.

4. The part of the geographic area of Peel composed of the lower-tier municipality of Caledon.

5. The parts of the geographic area of York composed of the lower-tier municipalities of King and Vaughan.

(2) Subsection (1) applies to the following areas:

1. Any part of a river, stream or other body of water, up to the high water mark, that is being used by a rapids clubtail or on which a rapids clubtail directly depends in order to carry on its life processes.

2. Any part of a river, stream or other body of water, up to the high water mark, that was used by a rapids clubtail at any time during the previous 5 years and that provides suitable conditions for a rapids clubtail to carry on its life processes.

3. An area of deciduous or mixed forest or of deciduous or mixed treed swamp that is adjacent to an area identified in paragraph 1 or 2 and within 200 metres of the relevant high water mark.

. . . . .

Virginia mallow habitat

29.2 (1) For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the areas described in subsection (2) that are located in the following geographic townships are prescribed as the habitat of the Virginia mallow:

1. The geographic townships of Cayuga and Oneida, within the County of Haldimand.

2. The geographic townships of Clinton and Grimsby, within The Regional Municipality of Niagara.

(2) Subsection (1) applies to the following areas:

1. If Virginia mallow exists in an area belonging to a vegetation type identified under the land classification system for southern Ontario and the vegetation type occurs naturally in Ontario, the entire area so classified.

2. If Virginia mallow exists in an area other than an area described in paragraph 1, the area within 50 metres of a Virginia mallow that provides suitable conditions for Virginia mallow to carry on its life processes.

(3) In subsection (2),

“land classification system for southern Ontario” means the land classification system set out in the document entitled

Ecological Land Classification for Southern Ontario: First Approximation and its Application, dated September, 1998 and published by the Ontario Ministry of Natural Resources, as that document may be amended from time to time.

Commencement

5. This Regulation comes into force on the later of July 1, 2012 and the day it is filed.

 

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