REGISTRABLE ACTIVITIES

CONTENTS 1. Definitions 2. Qualified professionals 3. Species Conservation Registry 4. Information to be included in registrations 5. Conservation plan 6. Updating registration information 7. General requirements on registrants 8. Engaging in a registrable activity 9. Possession of living member of protected species 10. Humane killing 11. Monitoring 12. Retention of documents, etc. Schedule 1 Conservation plan Schedule 2 Mitigation measures to minimize adverse effects Schedule 3 Conservation measures for residual adverse effects Definitions 1. In this Regulation, “business day” means a day that is not a Saturday or a holiday; (“jour ouvrable”) “conservation measure” means a measure described in Schedule 3; (“mesure de conservation”) “conservation plan” means the plan described in section 5; (“plan de conservation”) “mine” means, (a) any opening or excavation in, or working of, the ground for the purpose of winning any mineral or mineral-bearing substance, (b) any roasting or smelting furnace, concentrator, mill, work or place used for or in connection with washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining or treating any mineral or mineral-bearing substance, or conducting research on them, and (c) tailings, wasterock, stockpiles of ore or other material, or any other prescribed substances, or the lands related to any of them; (“mine”) “mitigation measure” means a measure described in Schedule 2; (“mesure d’atténuation”) “protected species” means a species listed on the Protected Species in Ontario List; (“espèce protégée”) “registrant” means the person identified in the registration in accordance with paragraph 8 or 9 of subsection 4 (1), as applicable; (“titulaire de l’enregistrement”) “veterinarian” means a person licensed as a veterinarian by the College of Veterinarians of Ontario; (“vétérinaire”) Note: On the day subsection 1 (1) of Schedule 1 (Veterinary Professionals Act, 2024) to the Enhancing Professional Care for Animals Act, 2024 comes into force, the definition of “veterinarian” in section 1 of the Regulation is amended by striking out “a person licensed as a veterinarian by the College of Veterinarians of Ontario” at the end and substituting “a veterinarian member within the meaning of the Veterinary Professionals Act, 2024” (See: O. Reg. 75/26, s. 13) “wind facility” has the same meaning as in subsection 1 (1) of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1) made under the Environmental Protection Act. (“centrale éolienne”) Qualified professionals 2. An individual is a qualified professional for the purposes of this Regulation if, in addition to holding a post-secondary diploma, degree or certificate in biology, ecology, environmental science or a related discipline, the individual has, (a) the knowledge, skills and expertise necessary to identify the effects of a registrable activity on at least one species or habitat addressed by a conservation plan; and (b) the competence to apply the best available science and recognized techniques in respect of at least one species or habitat addressed by a conservation plan to, (i) develop, implement and monitor the effectiveness of the mitigation measures set out in the plan, or (ii) develop and implement the conservation measures set out in the plan, if applicable. Species Conservation Registry 3. The Species Conservation Registry is established for the purposes of subsection 17 (1) of the Act. Information to be included in registrations 4. (1) The following information is prescribed for the purposes of subsection 18 (1) of the Act: 1. A description of the registrable activity, including its location and purpose. 2. The dates on which the registrable activity will start and end. 3. If the registrable activity is part of a broader activity, a description of the broader activity, including its location. 4. The name of every protected species that may be affected by the registrable activity. 5. A description of every habitat that may be affected by the registrable activity, if it is the habitat of a protected species, and an estimate of the area of habitat that may be affected, expressed in hectares or square metres. 6. A list of the mitigation measures set out in the conservation plan that will be implemented and, if applicable, the explanations included in the plan in accordance with paragraphs 11 and 12 of Schedule 1. 7. If the conservation plan is required to include conservation measures, a copy of the conservation plan. 8. If a single person set out in Column 1 of the Table to this subsection is engaging in the registrable activity, the name and contact information of the person set out opposite in Column 2. 9. If two or more persons set out in Column 1 of the Table to this subsection are engaging in the registrable activity, the name and contact information of any person set out in Column 2 opposite any of the persons engaging in the registrable activity. 10. If the contact information of the individual who is registering the activity in the Registry is not provided under paragraph 8 or 9, the contact information of that individual and confirmation that they have been authorized by a person mentioned in paragraph 8 or 9 to register the activity. 11. Any additional information required by the Minister in accordance with subsection 18 (4) of the Act. Table Registrant’s Contact Information Item Column 1 Person engaging in the activity Column 2 Name and contact information 1. An individual The individual 2. A corporation The corporation 3. A partnership that includes a corporation A corporation that is a partner in the partnership 4. A partnership comprised of individuals An individual who is a partner in the partnership 5. An unincorporated entity An individual who is part of the entity and who has charge, management or control of the activity 6. The Crown An employee or agent of the Crown who has charge, management or control of the activity (2) The registrant shall ensure that the information included in the registration is complete and accurate and if the registrant is a corporation, an individual who has the authority to bind the corporation, such as an officer or director of the corporation, shall also ensure the information included in the registration is complete and accurate. Conservation plan 5. Before an activity is registered in the Registry, the registrant shall ensure that a conservation plan that includes the information set out in Schedule 1 is prepared, (a) by one or more qualified professionals who collectively have knowledge, skills, expertise and competence in respect of every species and habitat addressed by the conservation plan; and (b) using the best available information, including any available Indigenous traditional knowledge, community knowledge and Ministry guidance. Updating registration information 6. (1) For the purposes of clause 18 (3) (a) of the Act, if a person, other than the registrant, who engages in a registrable activity becomes aware that anything in the registration is incomplete, misleading or otherwise inaccurate, the person shall notify the registrant in writing as soon as possible after becoming aware. (2) A registrant shall, within 10 days after being notified under subsection (1) or otherwise becoming aware that anything in the registration is incomplete, misleading or otherwise inaccurate, ensure that the information included in the registration is complete and accurate. (3) A registrant shall, at least annually, review the registration and make any changes that are necessary to ensure that the information included in the registration is complete and accurate. (4) Despite subsections (2) and (3), the following rules apply in respect of updating a registration: 1. The registrable activity’s start date set out in the registration shall not be changed after the activity has started. 2. The registrable activity’s end date set out in the registration shall not be changed after it has passed. 3. A species or habitat shall not be added to the registration after it has been affected by the registrable activity, unless the effect could not have been reasonably anticipated before it occurred. 4. A species or habitat shall not be removed from the registration after the activity has started unless, i. the species is no longer a protected species, or ii. the species or habitat has not been and will not be affected by the activity. 5. The registrant’s name shall not be removed from the registration unless they consent to the removal in writing and another registrant is added to the registration concurrent with the removal. 6. A registrant shall not be added to the registration unless they consent to the addition in writing. (5) If a change made to a registration results in the conservation plan being incomplete, misleading or otherwise inaccurate, the registrant shall promptly, (a) ensure that one or more qualified professionals who collectively have the relevant knowledge, skills, expertise and competence update the conservation plan to reflect the changes made to the registration; and (b) if paragraph 7 of subsection 4 (1) applies in respect of the conservation plan, include the updated plan in the registration. General requirements on registrants 7. The registrant shall ensure that, (a) every mitigation measure and conservation measure set out in the conservation plan is implemented and each measure is implemented by, or in accordance with directions provided by and in consultation with, a qualified professional who has the necessary knowledge, skills, expertise and competence; (b) before a person engages in the registrable activity, the person receives training on, (i) how to identify each species set out in the conservation plan, (ii) how to identify each habitat set out in the conservation plan, and (iii) the mitigation measures set out in the conservation plan; and (c) every plan, report and other record required to be prepared, submitted or retained under this Regulation is prepared, submitted or retained, as the case may be. Engaging in a registrable activity 8. A person who engages in a registrable activity shall do so only in accordance with the conservation plan and only as described in the registration, including at the location and during the period set out in the registration, and shall not, in any circumstances, engage in the activity otherwise than in accordance with the plan or the registration. Possession of living member of protected species 9. (1) If a registrable activity or a measure set out in a conservation plan involves possessing a living member of a protected species for a period of longer than 24 hours, the person possessing the member shall prepare a record that includes the following information: 1. The number of members possessed or, if the exact quantity is unavailable, an estimate of the number. 2. The date and time the possession of each member began and ended. 3. A description of the life stage and condition of each member when possession began and ended. 4. The number of progeny, if any, that resulted during the possession or, if the exact quantity is unavailable, an estimate of the number. 5. If one or more members are released or planted, the date, time and location of the release or planting. 6. If one or more members are transferred to another person, i. the date, time and location of the transfer, ii. the number of members transferred, iii. the rationale for the transfer, including how the transfer minimizes adverse effects on the member, and iv. the name and contact information of the person to whom the members were transferred. (2) The record required under subsection (1) shall be prepared, (a) within 30 days after the day the possession ends, if the possession is for a period of less than one year; or (b) annually, if the possession is for a period of one year or more, until the end of possession. Humane killing 10. If, while engaging in a registrable activity, a person implements a measure described in subparagraph 11 iv or 14 iv or v of Schedule 2, the person shall promptly prepare a record that includes the following information: 1. The reason the member was required to be humanely killed. 2. The name and contact information of the person who humanely killed the member and a summary of the person’s training. 3. The name, position and contact information of the veterinarian or any other person who advised or determined that the member had no reasonable possibility of survival and that humanely killing the member was necessary to relieve its suffering. 4. An indication of whether the humane killing was carried out in accordance with measures set out in the conservation plan and an identification of any procedures that were followed. Monitoring 11. (1) The registrant shall ensure that the following things are monitored in respect of a registrable activity: 1. The effects of the registrable activity on each species and habitat addressed by the conservation plan. 2. The effectiveness of the mitigation measures implemented in accordance with the conservation plan. 3. The presence of any members of a protected species, including the number of members observed and the date and location of each observation. (2) Subsection (1) does not apply in respect of the ongoing operation or maintenance of a wind facility if the mitigation measure described in subparagraph 13 ii of Schedule 2 is being implemented in respect of every wind turbine at the facility. (3) A person who makes an observation mentioned in paragraph 3 of subsection (1) shall notify the registrant in writing as soon as possible after the observation is made. (4) A registrant shall, within 90 days after being notified under subsection (3), ensure that the observations are submitted to the Minister of Natural Resources using the form titled, “Natural Heritage Information Centre (NHIC) Observation Reporting Form” dated January 13, 2025, as amended from time to time, and available on a website of the Government of Ontario. (5) The monitoring shall continue until the day that the registrable activity ends or the day that the final mitigation measure has been implemented, whichever is later. (6) No later than July 1 of each year until the year following the year mentioned in subsection (5), the registrant shall ensure that a report summarizing the previous year’s monitoring results is prepared. (7) If the monitoring indicates that the mitigation measures set out in the conservation plan are not effectively minimizing the adverse effects on a species or habitat addressed by the plan, the registrant shall ensure that, (a) actions are taken to improve the effectiveness of the measures; and (b) the registration and conservation plan are updated in accordance with section 6 to reflect those actions. Retention of documents, etc. 12. (1) The registrant shall ensure that copies of the following documents are made available at the location of the registrable activity: 1. The conservation plan. 2. The confirmation of registration. 3. The monitoring reports mentioned in section 11. 4. The records relating to possession mentioned in section 9, if applicable. 5. The records relating to humane killing mentioned in section 10, if applicable. (2) The registrant shall keep a copy of the most current version of each document listed in subsection (1), and all previous versions, for at least five years after the later of, (a) the day that the registrable activity ends; and (b) the day the final mitigation measure or, if applicable, conservation measure has been implemented. (3) An employee of the Ministry may request that a registrant submit a copy of a document listed in subsection (1) to the Ministry and the registrant shall comply within one business day of the request. 13. Omitted (provides for amendments to this Regulation). 14. Omitted (provides for coming into force of provisions of this Regulation). Schedule 1 Conservation Plan 1. A description of the registrable activity, including its purpose. 2. If the registrable activity is part of a broader activity, a description of the broader activity. 3. A description of each stage of the registrable activity and, if applicable, the broader activity, including a timeline. 4. The dates on which the registrable activity and, if applicable, the broader activity is anticipated to start and end. 5. The location of the registrable activity and, if applicable, the broader activity, shown on a map having a scale that is appropriate to clearly delineate the location of the activity. 6. The name of every protected species that may be affected by the registrable activity or that may have its habitat affected by the registrable activity. 7. A description of every habitat that may be affected by the registrable activity, if it is the habitat of a protected species. 8. An indication of the periods during which each species listed under paragraph 6 is likely to be sensitive to the effects of the registrable activity, including periods when members of the species may be carrying on life processes such as breeding, rearing, staging and hibernating. 9. A description of any adverse effects the registrable activity may have on each species listed under paragraph 6 and each habitat described under paragraph 7, both during the activity and after its completion, including the anticipated duration of any residual adverse effects. 10. A description of the steps taken when planning the registrable activity to minimize the adverse effects mentioned in paragraph 9. 11. For each species listed under paragraph 6 and each habitat described under paragraph 7, a detailed description of each mitigation measure set out in Schedule 2 and an explanation of how each mitigation measure will be implemented, including any procedures, steps or processes to be followed. 12. Despite paragraph 11, the following mitigation measures are not required to be described under that paragraph in respect of a species or habitat if, i. in the case of a measure mentioned in paragraph 12, 13 or 14 of Schedule 2, an explanation is provided setting out why the mitigation measure does not apply in respect of the species or habitat, ii. in the case of a measure mentioned in paragraph 2, 3 or 9 of Schedule 2, an explanation is provided setting out why it is not feasible to implement the measure in respect of the species or habitat, or iii. in the case of a measure mentioned in paragraph 7, 8 or 9 of Schedule 2, an explanation is provided setting out why implementing the measure would not mitigate the adverse effects of the registrable activity on the species or habitat. 13. If the registrable activity is anticipated to have residual adverse effects on a species listed under paragraph 6 or a habitat described under paragraph 7, a detailed description of how at least one conservation measure will be implemented, including, i. any procedures, steps or processes to be followed, ii. an explanation of how the measure will contribute to the conservation or protection of the species or habitat, and iii. an explanation of how adverse effects to the species or habitat will be minimized when implementing the measure. 14. A conservation measure at a location in respect of a species or habitat does not satisfy paragraph 13 if the measure is being or has previously been implemented at the same location and would have the same effect on the same species or habitat. 15. Despite paragraph 13, no conservation measures are required to be set out under that paragraph in respect of a species or habitat if it is confirmed that the registrable activity affecting the species or habitat is being engaged in primarily as part of any of the following activities: i. Maintaining and operating any of the following within their existing footprint: A. Existing infrastructure including, communications systems, power systems, oil or gas pipelines, road or railway systems, water works wastewater works, stormwater works or drainage works. B. An existing nuclear facility, within the meaning of the Nuclear Safety and Control Act (Canada), wind facility, mine or hydro-electric generating station and any associated, existing infrastructure. C. An existing pit or quarry and any associated existing infrastructure, if the pit or quarry is, 1. operated under the authority of a licence, wayside permit or aggregate permit issued under the Aggregate Resources Act, or 2. located in an area of Ontario to which the Aggregate Resource Act does not apply and is operated in accordance with the applicable zoning by-laws. ii. Carrying out forest operations, within the meaning of the Crown Forest Sustainability Act, 1994, in accordance with good forestry practices, within the meaning of the Forestry Act. iii. An activity intended to address non-imminent threats to health and safety, including preventing contamination or pollution of the natural environment, decommissioning a mine, preventing the spread of disease, upgrading an existing structure to meet a safety standard or preventing or protecting against drought, flood or forest fire. iv. An activity with a purpose described in subsection 2 (3) of Ontario Regulation 74/26 (Permit Activities) made under the Act carried out in respect of the species or habitat. v. Conducting a survey to address a lack of information in respect of the species or habitat. vi. An activity carried out for an educational or scientific purpose by, A. a curatorial institution, including a museum or science centre, that is owned or operated by any level of government, B. a post-secondary institution that is a member of the Association of Universities and Colleges of Canada, or C. a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002. 16. A detailed description of the methods that will be used to comply with the monitoring requirements under section 11. 17. The name and contact information and a description of the expertise of each qualified professional involved in preparing the conservation plan, and a statement identifying the part of the conservation plan that each qualified person prepared. 18. The name and contact information of the registrant and, if applicable, the individual described in paragraph 10 of subsection 4 (1). Schedule 2 Mitigation measures to Minimize Adverse Effects General Measures 1. Measures to minimize adverse effects to members of a protected species, including minimizing any impairment of the ability of members to move to or access areas needed to carry on life processes such as breeding, rearing, wintering, staging or hibernating. 2. Measures to minimize adverse effects on habitat of members of a protected species including, where feasible, restoring and rehabilitating habitat that is damaged or destroyed by the registerable activity. 3. Measures to avoid affecting members of a protected species or their habitat, if feasible, during the periods when they are likely to be sensitive to the effects of the registrable activity including periods when they may be carrying on life processes such as breeding, rearing, wintering, staging or hibernating. 4. Measures to minimize the adverse effects of the registrable activity on members of a protected species or their habitat during the periods described in paragraph 3. 5. Measures to prevent, i. introducing pests to members of a protected species or habitat, ii. compromising the genetic integrity of a protected species, iii. introducing diseases to a protected species or habitat, and iv. transmitting diseases between members of a protected species or between a protected species and another species. 6. Measures to prevent the introduction or spread of invasive species, within the meaning of the Invasive Species Act, 2015, to the area of the registrable activity. Preparatory Measures 7. Measures to be taken before the registrable activity starts in order to exclude animals that are members of a protected species from the area of the registrable activity in a safe, humane manner that minimizes stress and risk of injury to the animals, including installing fencing. 8. Measures to be taken before the registrable activity starts in order to relocate animals that are members of a protected species from the area of the activity to a safe, suitable nearby area in a safe, humane manner that minimizes stress and risk of injury to the animals. 9. Measures to be taken before the registrable activity starts, in order to protect mosses, lichens or vascular plants that are members of a protected species in the area of the activity, including, i. installing protective barriers around members in the area of the activity, or ii. if installing protective barriers is not feasible, relocate the members to a safe, suitable nearby area, if feasible. Measures in Case of Encountering a Species 10. Measures to ensure that if a member of a protected species that is a moss, lichen or vascular plant is encountered while engaging in the registrable activity, i. the activity is immediately halted, protective barriers are installed around the member and, after doing so, the activity is continued in a manner that does not impair the member’s ability to carry on its life processes, or ii. if subparagraph i is not possible, the member is relocated to a safe, suitable, nearby area, if feasible. 11. Measures to ensure that if a member of a protected species that is an animal is encountered while engaging in the registrable activity, i. the activity is immediately halted and the member is given a reasonable amount of time to leave the area, ii. if the member does not leave the area after a reasonable amount of time, the member is relocated to a safe, suitable, nearby area in a safe, humane manner that minimizes stress and risk of injury to the member, iii. if the member is injured or sick and has a reasonable possibility of survival, appropriate care and treatment is sought, and iv. if the member is an amphibian, bird, fish, mammal or reptile and is injured or sick with no possibility of survival, A. the member is humanely killed by a veterinarian in order to relieve its suffering, or B. if transporting the member to a veterinarian is not practical or would cause undue suffering, the member is humanely killed in order to relieve its suffering in consultation with a veterinarian and in accordance with any directions given by the veterinarian. Location-specific and Activity-specific Measures 12. If a registrable activity is engaged in near an aquatic habitat, measures to, i. control erosion and sedimentation, including installing and maintaining non-woven material with a double row of staked hay bales to prevent sediment from entering the watercourse, ii. prevent spills to the watercourse, iii. filter any sediment from water being discharged to the watercourse, and iv. restore any riparian area that is damaged by the activity, including stabilizing exposed soils and planting native, non-invasive plants. 13. If a registrable activity is related to the ongoing operation or maintenance of infrastructure, including hydro-electric generation or wind facilities, i. measures to ensure the operating parameters such as rotational speed, flow rate and vibrational frequency are adjusted to minimize adverse effects to members of a protected species and their habitat, or ii. measures to ensure that a cut-in-speed of wind turbines of at least 6.5 metres per second is implemented every day between sunset and sunrise during the period that begins on July 1 and ends on October 15 each year. 14. If a registrable activity is likely to involve possessing or handling a living member of a protected species, measures to ensure, i. proper handling and care of the member taking into consideration the species and the type and duration of the activity, ii. if possession of the member exceeds 24 hours, it is cared for in a manner and location that supports its health, viability, and, if applicable, progeny, for the duration of the possession, iii. appropriate care and treatment if the member becomes sick or injured, iv. if the member is an amphibian, bird, fish, mammal or reptile that is to be killed, either because it has no reasonable possibility of survival or because the registrable activity involves killing the member, the killing is carried out humanely, A. by a veterinarian, B. by a person in consultation with a veterinarian, or C. by a person in accordance with procedures approved by an animal care committee established under subsection 17 (1) of the Animals for Research Act, if applicable, v. if the member is an animal, other than an amphibian, bird, fish, mammal or reptile, that is to be killed, either because it has no reasonable possibility of survival or because the registrable activity involves killing the member, the killing is carried out humanely, and vi. any release or planting of the member takes place at a safe, suitable location and is done in a manner that supports life processes. Schedule 3 conservation measures for Residual Adverse Effects 1. Measures to improve the quality, functionality or resilience of any existing habitat of the protected species affected by the registrable activity. 2. Measures to create suitable areas capable of supporting the life processes of the protected species whose habitat was affected by the registrable activity. 3. Measures to improve knowledge through scientific research or to gather and record Indigenous traditional knowledge in respect of the protected species or habitat affected by the registrable activity. 4. Measures to address known threats to local populations of protected species affected by the registrable activity. 5. Measures to maintain or enhance local populations of protected species affected by the registrable activity.