TRANSITIONAL MATTERS

CONTENTS 1. Interpretation 2. Continuation of former definition of “habitat” 3. Deemed registrations 4. Updating deemed registrations 5. Deemed permits 6. Agreements continued 7. Exceptions during transition, Black Ash and Butternut 8. Exceptions during transition, safe harbour 9. Exceptions during transition, stewardship activities Interpretation 1. In this Regulation, “Ministry confirmation” means a confirmation mentioned in clause 23.3 (3) (a) of Ontario Regulation 242/08 or a confirmation mentioned in clause 2 (3) (a) of Ontario Regulation 830/21, as applicable; (“confirmation du ministère”) “Ontario Regulation 242/08” means Ontario Regulation 242/08 (General) made under the Endangered Species Act, 2007 as that regulation read immediately before it was revoked; (“Règlement de l’Ontario 242/08”) “Ontario Regulation 830/21” means Ontario Regulation 830/21 (Exemptions — Species Subject to Species Conservation Charges) made under the Endangered Species Act, 2007 as that regulation read immediately before it was revoked; (“Règlement de l’Ontario 830/21”) “Ontario Regulation 832/21” means Ontario Regulation 832/21 (Habitat) made under the Endangered Species Act, 2007 as that regulation read immediately before it was revoked. (“Règlement de l’Ontario 832/21”) Continuation of former definition of “habitat” 2. (1) A reference to “habitat” in any of the following shall be read as referring to the definition of “habitat” in section 2 of the Endangered Species Act, 2007 as it read on June 4, 2025, and including any area prescribed for the purpose of clause (a) of that definition in Ontario Regulation 832/21: 1. A deemed registration described in section 3, if the relevant Ministry confirmation was provided before June 5, 2025, and any provisions of Ontario Regulation 242/08 or Ontario Regulation 830/21 that apply with respect to the deemed registration. 2. A deemed permit described in section 5, if the relevant instrument was granted or issued before June 5, 2025. 3. An agreement described in section 6 that was entered into before June 5, 2025. 4. A grant described in clause 9 (3) (a) in respect of which notice was given before June 5, 2025, and any provisions of Ontario Regulation 242/08 that apply with respect to the grant. (2) If a provision of a deemed registration described in section 3, a deemed permit described in section 5, an agreement described in section 6 or a grant described in clause 9 (3) (a) applies in respect of a member of the Black Ash species, a reference to “habitat” in the provision, and in any provision under the Endangered Species Act, 2007 that applies with respect to the deemed registration, deemed permit, agreement or grant shall be read as referring to the definition of “habitat” in section 2 of the Endangered Species Act, 2007 as it read on June 4, 2025, whether the underlying documents mentioned in section 3, 5, 6 or 9 were provided, made, granted, issued or entered into before, on or after that date. (3) The definition of “habitat” in section 2 of the Endangered Species Act, 2007, as it read on June 4, 2025, continues to apply with respect to any amendment to a document described in subsection (1) or (2), whether the amendment is made before, on or after that date. Deemed registrations 3. (1) An activity is deemed to be a registrable activity if the following criteria are satisfied: 1. The activity is described in one of the following notice forms: i. A notice form mentioned in paragraph 1 or 2 of subsection 23.3 (1) of Ontario Regulation 242/08. ii. A notice of butternut impact form mentioned in paragraph 2 of subsection 2 (1) of Ontario Regulation 830/21. 2. A person submitted a notice form mentioned in paragraph 1 to the Minister and, before the day this Regulation came into force, a Ministry confirmation was provided in respect of the form. 3. The activity was prohibited by subsection 9 (1) or 10 (1) of the Endangered Species Act, 2007 on the day the Ministry confirmation was provided. 4. At least one of the species affected by the activity is listed on the Protected Species in Ontario List on the day this Regulation came into force. 5. No notice of cancellation form was submitted in respect of the activity under subsection 23.3 (7) of Ontario Regulation 242/08 or subsection 2 (9) of Ontario Regulation 830/21, as applicable, before the day this Regulation came into force. (2) The following rules apply in respect of an activity that is deemed to be a registrable activity under subsection (1): 1. For the purposes of clause 16 (1) (a) of the Act, the person mentioned in paragraph 2 of subsection (1) is deemed to have registered the activity in the Registry on the day this Regulation came into force. 2. For the purposes of clause 16 (1) (b) of the Act, the Ministry confirmation mentioned in paragraph 2 of subsection (1) is deemed to be the confirmation of registration provided to the person under subsection 18 (2) of the Act in respect of the activity. 3. Ontario Regulation 242/08 and Ontario Regulation 830/21, as applicable, are deemed to be regulations made for the purposes of clause 16 (1) (c) of the Act in respect of the activity. 4. The notice form mentioned in paragraph 1 of subsection (1) is deemed to be the registration in respect of the activity. (3) If after submitting a notice form mentioned in paragraph 1 of subsection (1) and before this Regulation came into force, a person submitted a subsequent notice form that updated or amended the initial notice form and an activity described in the subsequent form is deemed to be a registrable activity under subsection (1), (a) the Ministry confirmation provided in respect of the subsequent notice form is part of the deemed confirmation of registration mentioned in paragraph 2 of subsection (2); (b) the subsequent notice form is part of the deemed registration mentioned in paragraph 4 of subsection (2); and (c) the deemed registrable activity is covered by the deemed registration mentioned in clause (b). (4) A person engaging in an activity that is deemed to be a registrable activity under subsection (1) shall, (a) satisfy the conditions set out in Ontario Regulation 242/08 or Ontario Regulation 830/21, as applicable, that the person was required to satisfy in order for subsection 9 (1) or 10 (1) of the Endangered Species Act, 2007 not to apply to the person in respect of the activity; and (b) continue to satisfy each condition mentioned in clause (a) until the condition ceases to apply or the deemed registration is removed from the Registry, whichever occurs first. (5) For greater certainty, subsection (4) applies regardless of whether the activity is a section 16 activity. (6) Compliance with subsection (4) satisfies clause 16 (1) (c) of the Act in respect of a deemed registrable activity. Updating deemed registrations 4. (1) In this section, “old Registry” means the Registry defined in subsection 1 (1) of Ontario Regulation 242/08 and section 1 of Ontario Regulation 830/21. (2) The old Registry is continued for the purposes of this section. (3) A person engaging in a deemed registrable activity shall, at least annually, review the information in any notice forms mentioned in paragraph 1 of subsection 3 (1) that relate to the deemed registrable activity to ensure that the information in respect of the activity is complete and accurate. (4) Subject to subsections (5) to (9), if a person engaging in a deemed registrable activity becomes aware that any information included in the deemed registration is incomplete, misleading or otherwise inaccurate, the person shall, within 10 days after becoming aware, update the information in the old Registry. (5) The following rules apply in respect of updating a deemed registration: 1. Despite paragraph 3 of subsection 3 (2) and subject to paragraph 2 of this subsection, section 23.3 of Ontario Regulation 242/08 and section 2 of Ontario Regulation 830/21 do not apply in respect of updating a deemed registration. 2. If it is necessary to update a deemed registration to identify a potential adverse effect on a member of the Butternut species, the person shall, immediately before updating the registration, submit to the Minister an update of the butternut health expert’s report mentioned in paragraph 2 of subsection 24 (1) of Ontario Regulation 830/21. 3. The deemed registrable activity’s start date set out in the deemed registration shall not be changed after the activity has started. 4. The description of the activity that is set out in the notice mentioned in paragraph 1 of subsection 3 (1) shall not be changed after the activity has started. 5. The deemed registrable activity’s end date set out in the deemed registration shall not be changed after it has passed. 6. The name of the person identified as engaging in the deemed registrable activity shall not be removed from the deemed registration unless they consent to the removal in writing. 7. A person shall not be added to the deemed registration as a person engaging in the deemed registrable activity unless they consent to the addition in writing. (6) If, before July 1, 2027, it is necessary to update a deemed registration under subsection (4) because the activity affects one or more species listed on the Protected Species in Ontario List that are not identified in the notice form referred to in paragraph 1 of subsection 3 (1), the person shall not update the deemed registration in respect of the additional species but shall register the activity in the Registry in respect of the additional species in accordance with section 18 of the Act. (7) For greater certainty, the deemed registration mentioned in subsection (6) continues to apply in respect of the species identified in the deemed registration and the registration under section 18 of the Act applies in respect of the additional species. (8) If, on or after July 1, 2027, it is necessary to update a deemed registration under subsection (4), a person shall register the registrable activity in the Registry in accordance with section 18 of the Act instead of updating the deemed registration. (9) A deemed registration mentioned in subsection (8) is deemed to be removed from the Registry on the day the Minister provides the person with an actual confirmation of registration under subsection 18 (2) of the Act in respect of all or part of the registrable activity and subsection 3 (1) ceases to apply in respect of the activity on that day. Deemed permits 5. (1) An activity is deemed to be a permit activity if the following criteria are satisfied: 1. The activity is set out in, i. an authorization granted to a person under subsection 9 (5) of the Endangered Species Act, 2007, or ii. a permit issued to a person under section 17 or subsection 19 (3) of that Act. 2. The activity was prohibited by subsection 9 (1) or 10 (1) of the Endangered Species Act, 2007 on the day the authorization was granted or the permit was issued. 3. At least one of the species affected by the activity is listed on the Protected Species in Ontario List on the day this Regulation came into force. 4. The authorization or permit is in effect on the day this Regulation came into force. (2) If an activity is deemed to be a permit activity under subsection (1), the authorization or permit mentioned in paragraph 1 of that subsection is deemed to be a permit issued to the person under section 22 of the Act in respect of the activity. (3) A person engaging in an activity deemed to be a permit activity under subsection (1) shall comply with each requirement and condition set out in the deemed permit until the requirement or condition ceases to apply or the deemed permit expires, whichever occurs first. For greater certainty, this subsection applies regardless of whether the activity is a section 16 activity. (4) An instrument that is deemed to be a permit under subsection (2) expires on the earlier of the expiry date set out in the instrument and January 31, 2035 and subsection (1) ceases to apply to the activity on the same day. Agreements continued 6. (1) The following agreements are continued, if the agreement was in effect on the day this Regulation came into force: 1. An agreement entered into under section 16, 16.1 or subsection 19 (1) of the Endangered Species Act, 2007. 2. An agreement entered into under section 9, 11.1 or 23 of Ontario Regulation 242/08. (2) The parties may, by written agreement, (a) amend an agreement continued under subsection (1), but not in a manner that adds one or more species to the agreement; or (b) terminate an agreement continued under subsection (1). (3) The Endangered Species Act, 2007, as it read on June 4, 2025, continues to apply to an agreement continued under subsection (1). (4) A section 16 activity that is authorized by an agreement continued under subsection (1) is prescribed as an exception for the purposes of paragraph 4 of subsection 16 (3) of the Act until the day the agreement expires or is terminated. (5) A person engaging in an activity prescribed under subsection (4) shall, (a) comply with the applicable provisions mentioned in subsection (3) in respect of the activity; and (b) engage in the activity in accordance with the agreement. (6) An agreement that is continued under subsection (1) expires on the earlier of the expiry date set out in the agreement and, (a) January 31, 2035, in the case of an agreement described in paragraph 1 of subsection (1) or entered into under section 9 or 11.1 of Ontario Regulation 242/08; or (b) August 30, 2035, in the case of an agreement entered into under section 23 of Ontario Regulation 242/08. Exceptions during transition, Black Ash and Butternut 7. A section 16 activity is prescribed for the purposes of paragraph 4 of subsection 16 (3) of the Act if, (a) the activity affects a member of the Butternut species that has been identified as a Category 1 Butternut tree in a report prepared under paragraph 2 of subsection 24 (1) of Ontario Regulation 830/21 and the person engaging in the activity provided the report to the Ministry before the day this Regulation came into force; or (b) the activity affects a member of the Black Ash species that has been identified as unhealthy in a report prepared under paragraph 3 of subsection 2 (1) of Ontario Regulation 6/24 (Limitations on Section 9 Prohibitions) made under the Endangered Species Act, 2007 and the person engaging in the activity submitted the report to the Ministry before the day this Regulation came into force. Exceptions during transition, safe harbour 8. (1) A section 16 activity that is an activity set out in subsection 23.16 (4) of Ontario Regulation 242/08 in respect of damaging or destroying safe harbour habitat is prescribed for the purposes of paragraph 4 of subsection 16 (3) of the Act if, (a) the person engaging in the activity has entered a stewardship agreement under section 16 of the Endangered Species Act, 2007 that includes a condition that safe harbour habitat be created or enhanced; and (b) section 3 of this Regulation does not apply in respect of the activity. (2) Before engaging in a section 16 activity described in subsection (1), a person shall notify the Director of the Species at Risk Branch of the Ministry. (3) A person engaging in an activity prescribed under subsection (1) shall comply with the requirements, conditions and steps set out in section 23.16 of Ontario Regulation 242/08 in respect of the activity. Exceptions during transition, stewardship activities 9. (1) A section 16 activity that is a stewardship activity set out in a notice mentioned in clause 17.1 (1) (a) of Ontario Regulation 242/08 is prescribed for the purposes of paragraph 4 of subsection 16 (3) of the Act. (2) For greater certainty, subsection (1) applies whether the notice was provided before, on or after June 5, 2025. (3) A person engaging in a stewardship activity prescribed under subsection (1) shall, (a) engage in the activity in accordance with the conditions, if any, of the grant made under subsection 47 (3) of the Endangered Species Act, 2007 in respect of the activity, and any amendments made to those conditions; (b) satisfy the conditions set out in section 17.1 of Ontario Regulation 242/08 that the person was required to satisfy in order for subsection 9 (1) or 10 (1) of the Endangered Species Act, 2007 not to apply to the person in respect of the activity; and (c) continue to satisfy each condition mentioned in clauses (a) and (b) until the condition ceases to apply. (4) For greater certainty, subsection (3) applies regardless of whether the activity is a section 16 activity. 10. Omitted (provides for coming into force of provisions of this Regulation).