PERMIT ACTIVITIES

CONTENTS 1. Application 2. Cl. (a) (i) of “section 16 activity” — killing, harming, capturing, taking 3. Cl. (b) and (c) of “section 16 activity” — possessing, transporting, collecting, buying, selling, leasing, etc. 4. Introducing or reintroducing species 5. Cultivating American Ginseng 6. Operating etc. the R.H. Saunders Station — American Eel Application 1. (1) A provision of this Regulation that prescribes an activity for the purposes of subsection 16 (2) of the Act does not apply to the extent it is reasonably necessary for a person to engage in the activity to comply with a requirement under the Act. (2) A provision of this Regulation that prescribes an activity for the purposes of subsection 16 (2) of the Act does not apply if the activity is a deemed registrable activity under Ontario Regulation 62/26 (Transitional Matters) made under the Act. (3) For greater certainty, a provision of this Regulation that prescribes an activity for the purposes of subsection 16 (2) of the Act does not apply if the activity is prescribed for the purposes of paragraph 4 of subsection 16 (3) of the Act under, (a) Ontario Regulation 61/26 (Excepted Activities — No Permit or Registration) made under the Act; or (b) Ontario Regulation 62/26 (Transitional Matters) made under the Act. (4) For greater certainty, nothing in a permit authorizes a person to engage in an activity that is otherwise prohibited by law. Cl. (a) (i) of “section 16 activity” — killing, harming, capturing, taking 2. (1) An activity that results or is likely to result in the killing or harming of a member of an animal species that is listed on the Protected Species in Ontario List is prescribed for the purposes of subsection 16 (2) of the Act if the killing or harming is or would be, (a) the direct, intended and deliberate consequence of engaging in the activity; (b) the primary purpose of the activity; and (c) not an incidental result of engaging in the activity or another broader activity. (2) An activity that results or is likely to result in the capturing or taking of a member of a species that is listed on the Protected Species in Ontario List is prescribed for the purposes of subsection 16 (2) of the Act unless the primary purpose of the activity is a purpose set out in subsection (3) of this section carried out in respect of the species or its habitat. (3) The following are the purposes mentioned in subsection (2): 1. To create, enhance, maintain, rehabilitate or restore an area on which members of a species depend to carry on their life processes. 2. To maintain or enhance the local population of a species. 3. To address a known threat to a species, including a threat that is identified in a COSSARO report. 4. To improve knowledge through scientific research or to gather and record Indigenous traditional knowledge in respect of, i. the biology of a species, ii. the location, distribution or abundance of a species in Ontario, iii. areas in Ontario on which members of a species depend to carry on their life processes, iv. the manner in which a species depends on or uses an area mentioned in subparagraph iii, v. a potential or known threat to a species, or vi. an activity described in paragraph 1, 2 or 3. 5. To conduct a survey to address a lack of information in respect of a species or its habitat. Cl. (b) and (c) of “section 16 activity” — possessing, transporting, collecting, buying, selling, leasing, etc. 3. (1) An activity described in clause (b) of the definition of “section 16 activity” in subsection 2 (1) of the Act is prescribed for the purposes of subsection 16 (2) of the Act. (2) Subsection (1) does not apply in respect of possessing, transporting or collecting a member of a species that is listed on the Protected Species in Ontario List if the possessing, transporting or collecting is being engaged in primarily as part of, (a) an activity with a purpose described in subsection 2 (3) that is carried out in respect of the species or its habitat; or (b) an activity carried out for an educational or scientific purpose by, (i) a curatorial institution, including a museum or science centre, that is owned or operated by any level of government, (ii) a post-secondary institution that is a member of the Association of Universities and Colleges of Canada, or (iii) a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002. (3) An activity described in clause (c) of the definition of “section 16 activity” in subsection 2 (1) of the Act is prescribed for the purposes of subsection 16 (2) of the Act. Introducing or reintroducing species 4. An activity described in subclause (a) (i) or clause (b) of the definition of “section 16 activity” in subsection 2 (1) of the Act that is not prescribed under section 2 or 3 of this Regulation is prescribed for the purposes of subsection 16 (2) of the Act if the activity is engaged in for the purposes of introducing or reintroducing a member of a species that is listed on the Protected Species in Ontario List into an area where the species is not known to currently occur. Cultivating American Ginseng 5. A section 16 activity that is not prescribed under section 2 or 3 is prescribed for the purposes of subsection 16 (2) of the Act if the activity is engaged in for the purposes of cultivating American Ginseng. Operating etc. the R.H. Saunders Station — American Eel 6. A section 16 activity that is not prescribed under section 2 or 3 is prescribed for the purposes of subsection 16 (2) of the Act if the activity affects an American Eel and is engaged in for the purposes of establishing, operating, maintaining, constructing, altering, enlarging or extending the R. H. Saunders Hydroelectric Generating Station and any associated infrastructure including any dams, dykes or other structures that control the flow or level of water. 7. Omitted (provides for coming into force of provisions of this Regulation).