NOTICE OF ACTIVITY FORM AND OTHER NOTICES UNDER THE ENDANGERED SPECIES ACT, 2007 - User Guide for Forms
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Notice of Activity 1
Ministry of Natural Resources Registry
NOTICE OF
ACTIVITY FORM
AND OTHER
NOTICES UNDER
THE ENDANGERED
SPECIES ACT, 2007
User Guide for
Forms
Notice of ActivityNotice of Activity 2
Prepared by:
Ontario Ministry of Natural Resources
Last Revision Date: November 26, 2013
For more information, please contact:
Ministry of Natural Resources
Registry and Approval Services Centre
Telephone: 1-855-613-4256 (toll free)
Email: mnr.rasc@ontario.ca
© Queen’s Printer, 2013
Notice of ActivityNotice of Activity 3
INTRODUCTION
A s of July 1, 2013, individuals and businesses may register with the Ministry of Natural
Resources (MNR, or the Ministry) on the Ministry of Natural Resources’ Registry (MNR
Registry) to undertake certain activities related to the Endangered Species Act, 2007 (ESA),
provided the proposed activity meets eligibility requirements prescribed in regulation.
In general, an eligible activity is one that is likely to have adverse effects on one or more
species listed as endangered or threatened, and in some cases extirpated, on the Species
at Risk in Ontario (SARO) List or their habitat, and meets the requirements outlined in the
appropriate section of Ontario Regulation (O. Reg.) 242/08.
This guide provides information on the completing and submitting a paper copy of the
“Notice of Activity Form and Other Notices under the Endangered Species Act, 2007”
within the MNR Registry to notify MNR about one of fifteen options corresponding to
sections of O. Reg. 242/08. Registrants will be required to select the Notice of Activity that
is appropriate for their proposed activity based on the details of their activity, and in some
cases, the species at risk involved.
For information on the Notice of Activity Form and Other Notices under the Endangered
Species Act, 2007 under O. Reg. 242/08, visit www.e-laws.gov.on.ca or call 1-800-668-9938
(Toll Free across Canada). For any additional assistance, contact the MNR Registry and
Approval Services Centre by calling toll free 1-855-613-4256.
It’s important to remember that individuals, businesses, municipalities or provincial
ministries proposing to undertake an activity that does not meet the requirements in
O. Reg. 242/08 may need to seek an ESA authorization (e.g. a permit). In these cases,
please contact your local MNR office. For a listing of local MNR offices, contact MNR’s
Registry and Approval Services Centre.
This guide contains the best available information as of the publishing date. The Ministry of
Natural Resources may update this user guide regularly to ensure that it provides accurate
information and guidance for users.
Note: The Notice of Activity Form and Other Notices under the Endangered Species
Act, 2007 can also be submitted electronically through MNR’s On-line Registry. For more
information or to access the automated system, please contact the MNR’s Registry and
Approval Services Centre or visit MNR’s Registry webpage at www.ontario.ca.
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Notice of ActivityNotice of Activity 4
DISCLAIMER
This guide should not be construed as legal advice. All legislative requirements for the
activities to be registered on the MNR Registry are set out in O. Reg. 242/08 of the ESA.
A registrant must determine whether they are eligible to use the regulation to undertake
the activity and can fulfil all of the conditions within the applicable section of the regulation.
Failure to do so could result in a contravention of the ESA and could lead to prosecution
under the Act.
Where a registrant uses a third party to undertake all or part of the activity, the registrant is
responsible for ensuring the conditions of the regulation are satisfied
Permissions, approvals or other authorizations may be required from landowners , other
agencies and/or levels of government (e.g., a conservation authority, municipality, federal
or provincial government, etc.) before an activity can be initiated. Additional authorizations
from the Ministry of Natural Resources (MNR) may also be required for some activities (e.g.,
Wildlife Scientific Collectors Authorizations). It is the registrant’s responsibility to ensure
that all other permissions, approvals, and authorizations are acquired before proceeding
with the proposed activity.
WATCH FOR THESE SYMBOLS
PLEASE TAKE NOTE
TIPS / BEST PRACTICES
BEFORE YOU BEGIN
DON’T FORGET!
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Notice of ActivityNotice of Activity 5
WHAT ACTIVITIES ARE INCLUDED IN THIS REGISTRY?
The following fifteen Notices of Activity are available for registration using the Notice of
Activity Form and Other Notices under the Endangered Species Act, 2007:
1. Aquatic Species – Activities in the habitat of certain fish or mussels
2. Barn Swallow and Chimney Swift – Activities in built structures that are habitat
3. Bobolink and Eastern Meadowlark – Activities impacting 30 hectares or less of
habitat
4. Notice of Drainage Works
5. Early Exploration Mining – Activities conducted under an exploration plan or
permit
6. Ecosystem Protection – Activities to maintain, enhance or restore native ecosystems
7. Hydro-Electric Generating Stations – Operations
8. Notice of Incidental Trapping
9. Newly Listed and Transition Species – Eligible development activities
10. Pits and Quarries – Operations of an eligible pit or quarry
11. Possession for Scientific or Educational Purposes by an Educational Organization
12. Safe Harbour – Activities in created or enhanced habitat
13. Threats to Human Health or Safety – Activities to protect against non-imminent
threats
14. Species Protection or Recovery Activities
15. Wind Facilities – Operations
BEFORE YOU BEGIN
Before registering, the registrant should confirm that their activity is eligible for registration.
Please consult O. Reg. 242/08 for details about the legislative requirements. The registrant
is responsible for ensuring all conditions and requirements of the regulation are met, within
the specified timeframes.
Who is required to register an activity on the MNR Registry?
For activities related to O. Reg. 242/08, it is the legal entity or person who is responsible
and accountable for the activity that is likely to result in an impact to a species at risk or its
habitat, who is required to register on the MNR Registry.
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Notice of ActivityNotice of Activity 6
This guide has three main sections:
n SECTION 1: Steps to submitting a Notice of Activity Form and Other Notices under the
Endangered Species Act, 2007
n SECTION 2: Standard Requirements for completing the registration
n SECTION 3: Specific Requirements for the 15 individual activity notices
SECTION 1: STEPS TO SUBMITTING A NOTICE OF ACTIVITY FORM
AND OTHER NOTICES UNDER THE ENDANGERED SPECIES ACT,
2007
There are three stages to register a Notice of Activity Form and Other Notices under the
Endangered Species Act (ESA) and receive a Confirmation of Registration:
1. OBTAIN A NOTICE OF ACTIVITY FORM AND OTHER NOTICES UNDER THE ESA
This form can be obtained from either of the following sources:
Phone: call toll free 1-855-613-4256 and request that the form be mailed to you
n In Person: visit a Service Ontario centre and request a paper copy of the form in
person
n Print a copy from the Ministry of Government Services Forms Repository
www.forms.ssb.gov.on.ca
2. COMPLETE AND SUBMIT THE NOTICE OF ACTIVITY FORM AND OTHER NOTICES
UNDER THE ESA
You will be asked to provide six types of information when completing the form,
including:
the type of activity being undertaken (by selecting one of the 15 Notices of Activities)
and the sub-activity (where applicable)
n the eligible species likely to be impacted by the activity,
n the planned start and end dates for the activity,
n the Additional Activity Information for the activity, and
n the location at which the activity will occur (and any applicable additional information).
You will need to complete all of the required information before submitting the form to
the MNR Registry. Please refer to section 3.0 of this guide for more detailed information
on completing a Notice of Activity Form and Other Notices under the ESA.
You can submit your completed form to:
MNR Registry and Approval Services Centre
300 Water Street
Peterborough, ON K9J 8M5
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Notice of ActivityNotice of Activity 7
Important Note: be sure to retain a copy of your completed form as proof of registration
while you wait for receipt of your official Confirmation of Registration.
3. RECEIVE (AND RETAIN) A CONFIRMATION OF REGISTRATION
After completing and submitting the Notice of Activity Form and Other Notices under
the Endangered Species Act, 2007, you will receive a “Confirmation of Registration”
within 15 business days that includes information about the species and the activity that
you registered.
The “Confirmation of Registration” must be retained as long as required by O. Reg.
242/08.
The Confirmation of Registration retention requirements may vary among the Notice of
Activities. For example:
n for some activities, the Confirmation of Registration must be kept on file at the
registrant’s address
n other activities require that the Confirmation of Registration be kept at the site during
the activity.
PLEASE TAKE NOTE
The registrant is advised to provide a copy of the Confirmation of Registration to any
agents or employees who may be working on the site without the registrant present. In
some cases, this may be a regulatory requirement.
MAINTAINING YOUR REGISTRATION
If any details provided in the registration change throughout the course of the activity,
you must update your Registry submission to reflect those changes. Any changes must be
updated in the Registry within 10 business days of the change.
The registration must also be updated if, for example, it is determined that an eligible
species that was not originally identified in the Notice of Activity is likely to be impacted or
if the details of the activity change.
PLEASE TAKE NOTE
It is the responsibility of the registrant to ensure MNR has the most up to date
information.
To update your registration, contact the MNR Registry and Approval Services Centre by
calling toll free 1-855-613-4256. You will need to provide the number on your Confirmation
of Registration and details regarding what information on your registration has changed.
MNR will provide you with an updated Confirmation of Registration to reflect the changes.
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Notice of ActivityNotice of Activity 8
SECTION 2: STANDARD REQUIREMENTS FOR COMPLETING THE
NOTICE OF ACTIVITY FORM AND OTHER NOTICES UNDER THE
ENDANGERED SPECIES ACT, 2007
The information below is intended to help you complete a Notice of Activity Form and
Other Notices under the Endangered Species Act, 2007. If you have any questions, please
contact the MNR Registry and Approval Services Centre by calling toll free
1-855-613-4256.
For more detailed instructions on each field, please refer to Appendix A&B.
PLEASE TAKE NOTE
All fields marked with an asterix * in the form are mandatory fields and must be completed
PART 1: REGISTRANT INFORMATION
Part 1: Registrant Type
You will need to indicate if you are submitting the Notice of Activity as an “individual” or
a as a “business”. Only legal entities (e.g. individuals, incorporated companies, non-profit
organizations, etc.) may provide notice.
Part 1a) Personal Information for Individuals – fill in this section if you are registering as
an individual
When registering as an Individual, only a single contact person can be identified. Personal
information (including registrant name and contact information) is collected under the
authority of Section 53 of the Endangered Species Act, 2007 and will be used for Registry
database administration, audit/enforcement purposes, analysis, and Species At Risk
program management.
Questions about the collection and retention of personal information can be directed to:
MNR Registry and Approval Services Centre, Ministry of Natural Resources
300 Water Street, Peterborough, ON, K9J 8M5
Or by calling toll-free: 1-855-613-4256.
Part 1b) Business Information – fill in this section if you are registering as a Business
Businesses, agencies or organizations should provide their registrant information at a scale
reflective of their organizational structure (e.g. regional or local offices), depending on
where the responsibility for the activity rests within their organization.
If your business collects HST then the Canada Revenue Agency will have assigned the
company a 9-digit identifying business number which must be provided as part of the
registration. For more detailed instructions on completing this section of the form, please
refer to Appendix A.
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Notice of ActivityNotice of Activity 9
Business registrants must identify the primary contact, or the “Business Accountable
Person” for the activity and may identify additional contacts, if desired.
The primary contact for the activity may be the registrant (e.g. for businesses without a
Canada Revenue Agency business number), or the primary contact may be a designated
party or agent chosen to act on behalf of the registrant. The primary contact should be
knowledgeable about the on-site and day-to-day undertakings of the activity.
It is recommended that the registrant grant all contacts the authority to discuss details
related to the activity with MNR representatives, and be able to answer questions regarding
how the regulatory conditions are being met (e.g. steps to minimize adverse effects on
each species) upon request from MNR.
Examples of additional contacts include the property owner, site manager, supervisor
of third party contractors undertaking the activity, contractors providing services for a
component of the activity, or individuals acting as registration administrators on the behalf
of the registrant. Contact information in the registry must be kept up to date.
Please refer to Appendix A for additional support in completing this section.
TIPS / BEST PRACTICES
PLEASE TAKE NOTE
Some of the Notices of Activity have specific requirements for the completion of the Notice
of Activity Form and Other Notices under the Endangered Species Act, 2007. Additional
details about the information requirements for each activity are provided in Section 3.0 of
this document.
Part 1c: Address Information (Individual and Business)
Businesses and individuals registrants must provide a physical address that identifies where
the registrant is located, which may be different than a mailing address where mail is received.
The following three address types can be used to provide the appropriate physical address
information. Registrants only need to complete one of the address types, which should
be indicated in the corresponding check box. (Please refer to Appendix B for additional
information about completing this section.)
Physical Civic Address:
Used in organized areas with street names and numbers (also often referred to as the 911
address)
n Additional Location Information: can be used to provide any additional details that
would help to identify or locate the physical location. 9
Notice of ActivityNotice of Activity 10
Physical Surveyed Address
Used in some organized areas and unorganized townships that have been surveyed. This
system refers to the lot/concession/geographic townships that were originally laid out.
n Lot Number: The lot number as surveyed in the original township survey;
n Concession Number: The concession number as surveyed in the original township
survey;
n Geographical Township: The name of the original township when first surveyed. Please
note this is not in general the same as the current municipal name;
n Part Lot Description: Over time the original lot may have been severed. If there is
additional information to provide, please insert here (e.g. North Half, Pt 2 of Lot 1)
n Additional Location Information: Used to provide any additional details that would help
to identify or locate the physical location.
Physical Unsurveyed Address
n Used primarily in unorganized areas but can include any part of the Province. This system
asks for a description of the location that would allow others to find the site, using map
coordinates.
n Location description: This field is available for registrants to describe their location
where no civic or survey information exists. Please describe as clearly as possible the
physical address (e.g. Mile marker 87 on CPR main track west of Thunder Bay);
n Unincorporated Township: Townships that have been surveyed but never became
municipalities are referred to as ‘unincorporated’. Please identify if the site is within an
unincorporated township.
n Unincorporated area: Areas that have never been surveyed or formed municipalities are
referred to as unincorporated but there may be a name for the general area (e.g. Algoma
District)
n Additional Location Information: Used to provide additional details that would help to
identify or locate the physical location. Map coordinates can be entered here.
Mailing Address:
A mailing address is mandatory. If the physical civic address (e.g. where the registrant is
situated) is the same as the mailing address, the registrant should check the “My mailing
address is the same as my Civic address” check box.
If the registrant’s mailing address is different from their physical civic address, or if the
physical location is a surveyed or unsurveyed address, the mailing address section must be
completed.
Once you have provided a physical address, there are two mailing address options. You can
provide either a street address or a postal delivery address.
For more detailed instructions for each field of this section of form, please refer to
Appendix B of this guide.
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Notice of ActivityNotice of Activity 11
PART 2: ACTIVITY INFORMATION
PLEASE TAKE NOTE
Please make note of all mandatory fields * when completing this section of the form.
2.1 Activity
The registrant must indicate the type of activity being undertaken by making the
appropriate selection. Some Notices of Activity require the registrant to select a sub-
activity.
Only one Notice of Activity (and applicable sub-activity) can be selected for each
registration. In situations where an activity will require the submission of more than one
Activity Notice, the registrant will need to submit separate registrations.
2.2 Additional Activity Information
Some Notices of Activity require this section to be completed to provide more details
about the activity being registered. Additional guidance for each Notice of Activity is
provided in Section 3.0 of this Guide.
2.3 Species
Registrants are required to identify all the applicable species by common and scientific
(latin) names. Please refer to the Species at Risk in Ontario list (SARO) and Ontario
Regulation 242/08 for a complete list, or contact the MNR Registry and Approval Services
Centre for assistance by calling toll free 1-855-613-4256.
It is the registrant’s responsibility to accurately assess which species are likely to be
affected by the activity (through impacts to individuals of the species or through impacts
to protected habitat), based on the best available information. This includes determining
whether protected species or their habitats are known to be at or near the location of the
proposed activity, and considering whether the activity is likely to affect species at risk.
PLEASE TAKE NOTE
Some species are not eligible for registration because some of the sections within O. Reg.
242/08 do not apply to all species at risk. The applicable sections of O. Reg. 242/08 identify
which species are, or are not, eligible. It is the registrant’s responsibility to ensure that the
species likely to be affected by their activity is (are) eligible for registration.
2.4 Date of Planned Activity
Enter the start and/or end dates for the activity. In some cases, these dates are required
by O. Reg. 242/08, but not all Notices require this information. For additional details, see
Section 3.0 of this Guide.
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PART 3: SITE INFORMATION
The registrant is required to provide details about the site at which the activity will occur.
The following information provides guidance for site information requirements across all
activity notices. Any additional activity-specific site information requirements are provided
in Section 3.0 of this Guide.
Section 3.1: North American Industry Classification Code – NAICS (for Business only)
For NAICS references and more information about this section, please refer to Appendix A.
Section 3.2: Site Contact Information (for Business only)
Provide yes/no answers regarding the Site Contact Person. If the Site Contact Person is
different from the Accountable Person and the Business Contact Person you will also need
to provide information about the Site Contact Person. Note: an “Accountable Person” is
the individual in the business who is legally responsible for its operation.
Section 3.3: Site Location Information (For Individual and Business)
This step involves identifying the site where the proposed activity will occur. The
information provided to define the site must accurately represent the geographic location(s)
at which the activity will occur.
An activity site may have multiple locations associated with it that represent different
components of the registered activity. For example, different addresses identified within a
single site may indicate:
n the location for bridge repair and the location where the beneficial action for an aquatic
species is being undertaken, or the location where mussels will be relocated;
n the start and end points of a corridor for an infrastructure project;
n all corner posts (CP) or witness posts (WP) of a mining claim on which the early
exploration activity is taking place; or
n the activity site for the removal of safe harbour habitat.
When multiple Site Location addresses are listed, one location must be identified as the
primary location. If only one Site Location is provided, it is deemed to be the primary
location.
Registrants can select one of the following address types to describe Site Location
address(es) : civic address, surveyed address and unsurveyed address. If possible,
geographic coordinates for site locations should be provided. Geographic coordinates are
included within the unsurveyed address type. For more detailed instructions for each field
in this section of form, please refer to Appendix B of this Guide.
The requirements for identifying a site, or providing address location(s) within a site, may
vary across the different activity types. In addition, some Notices of Activity require the use
of the Additional Location information text box to provide more detailed description of an
address. For activity-specific site information requirements see section 3.0 below. 12
Notice of ActivityNotice of Activity 13
TIPS / BEST PRACTICES
PART 4: REGISTRANT ATTESTATION
The attestation represents a confirmation that the form is complete, the facts are true and
that the person completing the form is aware of the applicable regulations and agrees to
follow the rules contained within the regulations. The attestation includes:
n First Name/ Last Name: The legal name of the person to whom the Confirmation of
Registration will be issued and, for businesses, identifies the accountable person;
n Company Name: The legal name of the Company if the registration is made by a
business;
n Title: The title of the person making this statement on behalf of the company. This
should be the accountable person listed for businesses;
n Date: The date when the attestation is made.
PLEASE TAKE NOTE
Documentation associated with a Notice of Activity
Some Notices of Activity require the registrant to keep records and prepare supporting
documentation, including mitigation plans, monitoring records and reports. Typically this
information must be kept on file by the registrant, and be provided to MNR upon request.
The registrant should consult O. Reg. 242/08 to determine if the applicable Notice of
Activity requires supporting records or documentation, and whether it should be kept on
file or submitted to the MNR.
FINAL STEPS
1. Review the form to ensure that you have completed all mandatory fields.
2. Create and retain a copy of the completed form for your records
3. Mail the original copy to:
Registry and Approval Services Centre
Ministry of Natural Resources
300 Water Street
Peterborough, ON K9J 8M5
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Notice of ActivityNotice of Activity 14
4. Alternatively, you may put this registration in to the drop box at a Service Ontario office
5. You should receive your Confirmation of Registration within 15 business days. You may
NOT conduct the activity until you have received your Confirmation of Registration. If
you do not receive your Confirmation of Registration within 15 business days, please
contact the Registry and Approval Services Centre at 1-855-613-4256.
PLEASE TAKE NOTE
The registrant is advised to provide a copy of the Confirmation of Registration to any
agents or employees who may be working on site at a time when the registrant is not
present.
SECTION 3.0: ACTIVITY SPECIFIC REGISTRATION REQUIREMENTS
This section provides detailed information for each of the fifteen Notices of Activity
because some requirements vary among the Notice of Activity types.
3.1 NOTICE OF ACTIVITY: AQUATIC SPECIES (S. 23.4) – ACTIVITIES IN THE HABITAT
OF CERTAIN FISH OR MUSSELS
Part 1: Registrant Information:
Registrants for the Aquatic Species Notice of Activity may use either service type
(business or individual). Due to the nature of the eligible activities, most registrants for
the Aquatic Species Notice of Activity will register using business services. Services for
individuals will ensure personal information is handled in accordance with the Freedom
of Information and Protection of Privacy Act.
Part 2: Activity Information
2.1 Activity:
The Aquatic Species Notice of Activity requires that the registrant provide a description
of the activity being registered. As part of this description, the registrant will select one
of the following activity sub-activity types:
n Bridge or Pier,
n Culvert,
n Pipeline or conduit
n Other structure.
Some structures (e.g. dams and hydro-electric generating stations) and some methods
for undertaking activities are excluded from this regulation. Registrants are advised to
consult O. Reg. 242/08 to confirm that their activity is eligible for registration.
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2.2 Additional Activity Information:
The following information should be provided in the Additional Activity Information text
box:
n A description of the structure (if “other structure” was selected),
n Why the activity is required (e.g. construction, maintenance, repair, modification,
expansion, removal, or replacement),
n The official name of the watercourse where the activity is being undertaken, and
n Which beneficial action for the species will be undertaken. The beneficial action
should be consistent with the list of options provided in O. Reg. 242/08 section
23.4(11) (e.g. remediation of an area of degraded riparian habitat).
2.3 Species:
The Aquatic Species Notice of Activity requires that the registration identify the name
of every eligible species that will likely be affected by the activity (through impacts to
individuals of the species or through impacts to protected habitat). Only the species
listed in the Schedule of section 23.4 of O. Reg. 242/08 are eligible for registration.
As of July 1, 2013 this list includes the following mussel species:
i. Eastern Pondmussel,
ii. Fawnsfoot,
iii. Hickorynut,
iv. Kidneyshell,
v. Rayed Bean,
vi. Round Pigtoe,
vii. Salamander Mussel,
viii. Snuffbox,
ix. Mapleleaf Mussel,
x. Rainbow Mussel and
xi. Wavy-rayed Lampmussel.
As of July 1, 2013 this list includes the following fish species:
i. Eastern Sand Darter,
ii. Pugnose Shiner, Redside Dace,
iii. Black Redhorse,
iv. Channel Darter,
v. Cutlip Minnow,
vi. Silver Shiner, and
vii. Spotted Gar.
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2.4 Date of Planned Activity:
The Aquatic Species Notice of Activity requires that proposed start and end dates be
provided for the registered activity.
Part 3: Site Information
The Aquatic Species Notice of Activity requires a description of the location at which the
activity will be carried out. Each activity must be registered individually. The preferred
method for providing site and address information is to provide the geographic
coordinates (e.g. UTM Easting and Northing or Latitude and Longitude).
The primary address should indicate where the activity is taking place (e.g. the location
of the construction of the eligible structure). Some locations are excluded from this
regulation. Registrants are advised to consult O. Reg. 242/08 to confirm that the location
of their activity is not within an excluded watercourse.
Registrants should use subsequent address field(s) to indicate the location(s) where the
beneficial action(s) for the species will be undertaken and, if applicable, the coordinates
of the species relocation site (e.g. for activities likely to impact mussel species). Any
descriptive information regarding the location can be provided in the Additional Location
Information text box.
For more detailed instructions for each field of this section of form, please refer to
Appendix B of the Guide.
For further information on the Aquatic Species Notice of Activity under O. Reg. 242/08 s.
23.4, please refer to the information available on the MNR Registry website searching for
“Working on Structures in Fish and Mussel Habitat” and consult O. Reg. 242/08 on
e-Laws.
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3.2 NOTICE OF ACTIVITY: BARN SWALLOW AND CHIMNEY SWIFT (S. 23.5; S. 23.8) –
ACTIVITIES IN BUILT STRUCTURES THAT ARE HABITAT
Part 1: Registrant Information
Registrants for the Barn Swallow and Chimney Swift Notice of Activity may use either
service type (business or individual). If the building or structure to be affected by the
activity is owned by an individual, the registrant should use services for individuals.
Services for individuals will ensure personal information is handled in accordance with the
Freedom of Information and Protection of Privacy Act.
If the building or structure is owned by an organization, business, agency, municipality or
government ministry, the registrant should use business services.
Part 2: Activity Information
2.2 Additional Activity Information:
The following information should be provided in the Additional Activity Information text
box:
n the type of building or structure being affected (e.g. chimney or barn),
n the type of activity (i.e. repair, maintenance, modification, replacement or demolition),
n the purpose of the activity (e.g. removing house and associated chimney), and
n replacement habitat details (i.e. create structure, install nest cups, create structure plus
install nest cups, enhance existing structure, uncap existing chimney).
Example 1: The registered activity involves demolishing a residential chimney occupied
by Chimney Swifts. The replacement habitat involves uncapping an existing chimney.
Example 2: The registered activity involves routine bridge maintenance including the
removal of Barn Swallow nests. Replacement habitat will be provided by installing nest
cups.
2.3 Species:
This Notice of Activity applies only to Barn Swallow and Chimney Swift, in accordance
with the requirements prescribed for each species in O. Reg. 242/08 s. 23.5 (Barn
Swallow) and s. 23.8 (Chimney Swift).
n Specify the species that will be affected by the activity (Chimney Swift and/or Barn
Swallow),
2.4 Date of Planned Activity:
The Barn Swallow and Chimney Swift Notice of Activity requires that proposed start and
end dates be provided for the registered activity.
The start date of the activity is considered the first day that the physical alteration of the
structure that provides habitat begins.
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Part 3: Site Information
The Barn Swallow and Chimney Swift Notice of Activity requires a description of the
location in which the activity will be carried out. Each activity should be registered
individually.
The primary address should indicate where the impact is taking place (e.g. the location of
the building to be repaired). The preferred method is to provide either the civic address
of the property or the geographic coordinates of the structure (e.g. UTM Easting and
Northing or Latitude and Longitude). Buildings or structures that do not have a
civic address should be identified by geographic coordinates, or if the civic address
encompasses a large area, the location of the building (or structure) on the property
should be identified by providing the geographic coordinates as the Primary Address
field. The coordinates of the center of the building or structure should be used.
Registrants should use the additional site location fields to indicate the location(s) where
replacement habitat will be created or enhanced. Any descriptive information regarding
the location can be provided in the Additional Location Information text box.
For more detailed instructions for each field of this section of form, please refer to
Appendix B of this Guide.
For further information on the Barn Swallow and Chimney Swift Activity Notice under
O. Reg. 242/08 s. 23.5 and s. 23.8, please refer to the information available on the
MNR Registry website searching for Alter a Structure that is Habitat for Barn Swallow or
Chimney Swift and consult O. Reg. 242/08 on e-Laws.
3.3 NOTICE OF ACTIVITY: BOBOLINK AND EASTERN MEADOWLARK (S. 23.6) –
ACTIVITIES IMPACTING 30 HECTARES OR LESS OF HABITAT
Part 1: Registrant Information
Registrants for the Bobolink and Eastern Meadowlark Notice of Activity may use
either service type (business or individual). If the registrant is an individual, services for
individuals should be used to ensure personal information is handled in accordance with
the Freedom of Information and Protection of Privacy Act.
Part 2: Activity Information
2.2 Additional Activity Information:
The following information should be provided in the Additional Activity Information text
box for the Bobolink and Eastern Meadowlark Notice of Activity:
n a description of the development activity, and
n the size of the new or enhanced habitat for the species.
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Notice of ActivityNotice of Activity 19
This Notice of Activity only applies to an eligible activity that is part of land development
that would result in the damage or destruction of an area of Bobolink or Eastern
Meadowlark habitat that is equal to or less than 30 hectares. The Notice of Activity does
not apply to an activity to which s. 23.2 (Development — bobolink, eastern meadowlark)
of O. Reg. 242/08 applies.
2.3 Species:
This Notice of Activity only applies to Bobolink and Eastern Meadowlark, in accordance
with the requirements prescribed for each species in O. Reg. 242/08 s. 23.6.
n Specify the species that will be affected by the activity (Bobolink and/or Eastern
Meadowlark)
2.4 Date of Planned Activity:
The Bobolink and Eastern Meadowlark Notice of Activity requires that proposed start
and end dates be provided for the registered activity.
The start date of the activity is considered to be the first day that the physical alteration
of the habitat begins.
Part 3: Site Information
The Bobolink and Eastern Meadowlark Notice of Activity requires a description of the
area in which the development activity will be carried out. The preferred method for
providing site and address information is to provide either the civic address of the
subject property or the geographic coordinates (e.g. UTM Easting and Northing or
Latitude and Longitude) of the primary access point to the property.
The primary address should indicate where the activity is taking place (e.g. construction
of buildings). The additional site location fields should be used to indicate the location(s)
where the habitat for Bobolink and/or Eastern Meadowlark is being created (or
enhanced) and managed. These addresses should also be identified as the locations
where habitat is being created (or enhanced) and managed in the Additional Location
Information text box. If UTM coordinates are provided, they should indicate the primary
access point to the habitat area.
For more detailed instructions for each field of this section of form, please refer to
Appendix B of this Guide.
For further information on the Bobolink and Eastern Meadowlark Notice of Activity
under O. Reg. 242/08 s. 23.6, please refer to the information available on the MNR
Registry website searching for “Bobolink and Eastern Meadowlark Habitats and Land
Development” and consult O. Reg. 242/08 on e-Laws.
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Notice of ActivityNotice of Activity 20
3.4 NOTICE OF DRAINAGE WORKS (S. 23.9)
Part 1: Registrant Information
Registrants for the Notice of Drainage Works will use business services. The registrant
should be the legal entity that is responsible for managing the drainage infrastructure
under The Drainage Act (e.g. the municipality).
The primary contact (e.g. Business Accountable Person) should be the person
responsible for the drainage infrastructure within the municipality’s jurisdiction or another
appropriate municipal staff member who has an in-depth understanding of O. Reg.
242/08 s. 23.9.
Part 2: Activity Information
2.2 Additional Activity Information:
The following information should be provided in the Additional Activity Information text
box for the Notice of Drainage Works:
n The official name of the drain(s) and the Township name(s), or the location of the
drain(s). To register multiple Drains within a Municipality, please have a separate list of
Drains prepared (including location descriptions or maps) that can be made available
upon the Ministry’s request with the Mitigation Plan in order to ensure compliance
with the regulatory provision.
2.3 Species:
The Notice of Drainage Works requires that the registration identify the name of every
eligible species listed as endangered or threatened on the SARO List that will likely be
affected by the activity (through impacts to individuals of the species or through impacts
to protected habitat). Excluded species are listed below. The species that are eligible
may change as a result of newly listed species being added to the SARO List. Registrants
are advised to check the SARO list and O. Reg. 242/08 s. 23.9 regularly to confirm
whether recently listed species are eligible for registration using the Notice of Drainage
Works.
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Notice of ActivityNotice of Activity 21
PLEASE TAKE NOTE
The Notice of Drainage Works does not apply to the species listed in subsection (2) of O.
Reg. 242/08 section 23.9 (see exception noted below). As of July 1, 2013 the Notice of
Drainage Works does not apply to the following species:
i. Bogbean Buckmoth,
ii. Cherry Birch,
iii. False Hop Sedge,
iv. False Rue Anemone,
v. Grey Fox,
vi. Heart-leaved Plantain,
vii. Pugnose Minnow,
viii. Scarlet Ammannia,
ix. Small-mouthed Salamander, or
x. Toothcup.
The only exception to this list of excluded species is for municipalities that entered into
an agreement with MNR under the ESA prior to June 30, 2010 for the excluded species
(i.e. the species listed in s. 23.9(2) of O. Reg. 242/08). In these situations, the municipality
remains eligible to use the Notice of Drainage Works for the excluded species named in
the agreement.
PLEASE TAKE NOTE
Registrants are advised not to select a species listed as extirpated on the SARO list
because this Notice of Drainage Works does not apply to extirpated species.
2.4 Date of Planned Activity:
Proposed start and end dates are not required for the Notice of Drainage Works. These
fields should be left blank.
Part 3: Site Information
The Notice of Drainage Works requires a description of the area in which the activity
will be carried out. The Primary Address should be either the address of a municipal
building or the primary work-related address of the registrant. The Additional Location
Information box must indicate or otherwise represent the entire geographic jurisdiction
to which the Notice of Drainage Works applies.
For more detailed instructions for each field of this section of form, please refer to
Appendix B of this Guide
For further information on the Notice of Drainage Works under O. Reg. 242/08 s. 23.9,
please refer to the information available on the MNR Registry website searching for
“Ditch and Drainage Work and Endangered or Threatened Species” and consult O. Reg.
242/08 on e-Laws.
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Notice of ActivityNotice of Activity 22
3.5 NOTICE OF ACTIVITY: EARLY EXPLORATION MINING (S. 23.10) – ACTIVITIES
CONDUCTED UNDER AN EXPLORATION PLAN OR PERMIT
Part 1: Registrant Information
Registrants for the Early Exploration Mining Notice of Activity may use either service
type (business or individual). The registrant should be the legal entity that has submitted
an exploration plan under the Mining Act, or been issued an exploration permit under
the Mining Act. For business services, the registrant should be the employee of the
business who has primary responsibility for conducting the early exploration activity. If
the registrant is an individual, services for individuals should be used to ensure personal
information is handled in accordance with the Freedom of Information and Protection of
Privacy Act.
Part 2: Activity Information
2.2 Additional Activity Information:
The Early Exploration Mining Notice of Activity applies to a range of activities authorized
by the Mining Act early exploration plan or permit.
The Additional Activity Information text box should be used to record the mining
claim number on which the activity is occurring. Additional information describing the
exploration activity can be provided in the Additional Activity Information text box.
Example: Claim No: TB 4226102 This activity includes line cutting (1 m width) and
mechanized drilling for the purposes of obtaining rock or mineral samples (Notice of Activity 23
Part 3: Site Information
The area in which the activity will be carried out may be identified using geographic
reference coordinates (latitude/longitude or UTM). The registrant should identify the
locations of all corner posts (CP), or witness posts (WP) of the mining claim on which the
early exploration activity is taking place. This can be done by providing each geographic
reference point for the corner posts (CP) or witness posts (WP) in separate address fields.
The registrant should also identify the coordinate locations of all directional posts (DP),
where the claim boundary changes direction, using separate address fields.
For more detailed instructions for each field of this section of form, please refer to
Appendix B of this Guide.
For further information on the Early Exploration Mining Notice of Activity under O. Reg.
242/08 s. 23.10, please refer to the information available on the MNR Registry website
searching for “Mineral Exploration and Endangered or Threatened Species” and consult
O. Reg. 242/08 on e-Laws.
3.6 NOTICE OF ACTIVITY: ECOSYSTEM PROTECTION – ACTIVITIES TO MAINTAIN,
ENHANCE OR RESTORE NATIVE ECOSYSTEMS (S. 23.11)
Part 1: Registrant Information
Registrants for the Ecosystem Protection Notice of Activity should use business services
and should be the eligible legal entity that is responsible for the activity. The registrant
information should identify the individual who has primary responsibility for the activity
as the primary contact (e.g. Business Accountable Person) and non-primary contacts who
may be contacted in cases where the primary contact is unavailable.
Part 2: Activity Information
2.2 Additional Activity Information:
The Ecosystem Protection Notice of Activity requires that the registrant provide a
description of the activity. The Additional Activity Information text box is to be used
to record the description of the activity and should be used to provide the following
information:
n the ecosystem that will be affected by the activity (e.g. the ecosite as defined by the
Ecological Land Classification (ELC) system for southern Ontario),
n the purpose of the activity (e.g. enhancing/rehabilitating a native tall grass prairie
remnant),
n a brief description of the approach to be used to conduct the activity (e.g. prescribed
burn, planting of native vegetation, etc.), and
n if the activity corresponds with an action described in a government response
statement (GRS) or a provincial or federal recovery strategy (RS) for a species that will
be affected by the activity, provide the applicable action number from the GRS or RS.
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Notice of ActivityNotice of Activity 24
PLEASE TAKE NOTE
This Notice of Activity does not apply to activities being undertaken in fens, bogs, sand
barrens or dunes, beach bars, alvars, cliffs or talus.
For assistance in obtaining Government Response Statements, Provincial Recovery
Strategies and Federal Recovery Strategies, please contact the MNR Registry and
Approval Services Centre by calling toll free 1-855-613-4256.
2.3 Species:
The Ecosystem Protection Notice of Activity requires that the registration identify the
name of every species listed as endangered or threatened on the SARO List that will
likely be affected by the activity (through direct impacts to individuals of the species or
through impacts to their protected habitat).
PLEASE TAKE NOTE
Registrants are advised not to select a species listed as extirpated on the SARO List
because this Notice of Activity does not apply to extirpated species.
2.4 Date of Planned Activity:
The Ecosystem Protection Notice of Activity requires that the proposed start and end
date be provided for the activity.
Part 3: Site Information
The Ecosystem Protection Notice of Activity requires a description of the location in
which the activity will be carried out. The preferred method for providing site and
address information is to indicate the civic address or the geographic coordinates (e.g.
UTM Easting and Northing or Latitude and Longitude) of the site’s primary access point.
The Additional Location Information text box should be used to provide any additional
information that assists in locating the registered activity. If a reference point other than
the primary access point for the activity site is provided, a description of what the point
represents should be provided in the Additional Location Information text box (e.g.
“northwest corner of the restoration site at the intersection between Road 1 and the
gravel footpath”).
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Notice of ActivityNotice of Activity 25
For more detailed instructions for each field of this section of form, please refer to
Appendix B of this Guide.
For further information on the Ecosystem Protection Notice of Activity under O. Reg.
242/08 s. 23.11, please refer to the information available on the MNR Registry website
searching for “Ecosystem Conservation and Endangered or Threatened Species” and
consult O. Reg. 242/08 on e-Laws.
3.7 NOTICE OF ACTIVITY: HYDRO-ELECTRIC GENERATING STATIONS (S. 23.12) –
OPERATIONS
Part 1: Registrant Information
Registrants for this Notice of Activity should use business services. The registrant
information should identify the employee of the business who has primary responsibility
for the operation of the station as the primary contact (e.g. Business Accountable
Person) and non-primary contacts who may be contacted in cases where the primary
contact is unavailable.
Part 2: Activity Information
2.2 Species:
The Hydro-Electric Generation Stations – Operations Notice of Activity requires that
the registration identify the name of every eligible species listed as endangered or
threatened on the SARO List that will likely be affected by the activity (through impacts
to individuals of the species or through impacts to protected habitat),
PLEASE TAKE NOTE
As of July 1, 2013 the Hydro-Electric Generating Stations Notice of Activity does not
apply to the following species:
i. Hungerford’s Water Crawling Beetle, and
ii. Pygmy Snaketail.
Registrants are advised not to select a species listed as extirpated on the SARO List
because this Notice of Activity does not apply to extirpated species.
2.4 Date of Planned Activity:
Proposed start and end dates are not required for this Notice of Activity. These fields
should be left blank.
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Notice of ActivityNotice of Activity 26
Part 3: Site Information
This Notice of Activity requires a description of the location of the hydro-electric
generating station. The preferred method for providing this information is to provide
the civic address of the station or the geographic coordinates (e.g. UTM Easting and
Northing or Latitude and Longitude) for the primary entry point to the station.
For more detailed instructions for each field of this section of form, please refer to
Appendix B of this Guide.
For further information on the Hydro-Electric Generating Stations Notice of Activity
under O. Reg. 242/08 s. 23.12, please refer to the information available on the MNR
Registry website searching for “Hydro-electric Generating Stations and Endangered or
Threatened Species” and consult O. Reg. 242/08 on e-Laws.
3.8 NOTICE OF INCIDENTAL TRAPPING (S. 23.19)
Part 1: Registrant Information
Licenced trappers are non-commercial entities so registrants for this Activity Notice
are advised to use services for individuals. If the registrant is an individual, services for
individuals should be used to ensure personal information is handled in accordance with
the Freedom of Information and Protection of Privacy Act.
Part 2: Activity Information
2.2 Additional Activity Information:
The Notice of Incidental Trapping requires that the registrant provide a description of the
activity being registered. This information should be provided in the Additional Activity
Information text box and should include:
n the trapper’s trapping licence number,
n the date of capture, and
n any other relevant information about the trapping (e.g. equipment used, etc.).
To be eligible to register under this regulation a person must:
n be trapping under the authority of a trapping licence under the Fish and Wildlife
Conservation Act, 1997 (FWCA),
n be trapping in accordance with Ontario Regulation 667/98 (trapping) made under the
FWCA, and
n have, despite the exercise of all due diligence, incidentally trapped and killed an
animal that is not a furbearing mammal (as defined under the FWCA).
Registration should occur promptly after the incidental trapping of a non-furbearing animal.
Each incidentally trapped non-furbearing animal that is a species at risk listed as threatened
or endangered on the SARO List must be registered individually.
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Notice of ActivityNotice of Activity 27
Registration is not required for furbearing mammals (as defined under the FWCA). If the
licenced trapper has incidentally trapped, killed and possesses a furbearing mammal (as
defined under the FWCA) they must obtain a Licence to Possess a Pelt, as required under
Part II of Ontario Regulation 666/90 (Possession, Buying and Selling of Wildlife) made under
the FWCA.
2.3 Species:
The registrant must identify the species name of the incidentally trapped and killed
animal.
2.4 Date of Planned Activity:
Proposed start and end dates are not required for the Notice of Incidental Trapping.
These fields should be left blank.
Part 3: Site Information
The primary address for the Notice of Incidental Trapping should be the address of
the licenced trapper who incidentally trapped and killed the animal (e.g. civic address).
The location of where the incidental trapping took place should be indicated using the
additional site location fields. The Additional Location Information text box should be
used to indicate that the additional site location represents the location of the incidental
trapping. Location information should be provided using geographic coordinates (e.g.
UTM Easting and Northing or Latitude and Longitude).
For more detailed instructions for each field of this section of form, please refer to
Appendix B of this Guide.
For further information on the Notice of Incidental Trapping Activity Notice under O.
Reg. 242/08 s. 23.19, please refer to the information available on the MNR Registry
website searching for “Incidentally Trapping a Species at Risk” and consult O. Reg.
242/08 on e-Laws.
3.9 NOTICE OF ACTIVITY: NEWLY LISTED AND TRANSITION SPECIES – ELIGIBLE
DEVELOPMENT AND INFRASTRUCTURE ACTIVITIES (S. 23.13)
Part 1: Registrant Information
Registrants for this Notice of Activity should use business services. The registrant
information should identify the employee of the business who has primary responsibility
for the activity as the primary contact (e.g. Business Accountable Person) and non-
primary contacts who may be contacted in cases where the primary contact is
unavailable.
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Notice of ActivityNotice of Activity 28
PLEASE TAKE NOTE
If the eligible activity commenced on or before June 30, 2013, the Newly Listed and
Transition Species Notice of Activity must be completed promptly after June 30, 2013. If
the activity did not commence on or before June 30, 2013, the Notice of Activity must be
completed before the activity is commenced
Part 2: Activity Information
2.1 Activity:
There are 19 legislative or regulatory approval mechanisms that may make an activity
eligible to be registered for the Newly Listed and Transition Species Notice of Activity
(see O. Reg. 242/08 s. 23.13). The registrant must identify in the Notice of Activity which
approval mechanism is applicable to the activity for which they are registering, and
provide a description of the activity. As part of this description, the registrant should
select one of the following sub-activity types:
1. Constructing drainage works under an agreement filed under subsection 2(2) of the
Drainage Act;
2. Constructing drainage works in respect of which an engineer’s report was adopted
under subsection 45(1) of the Drainage Act;
3. Laying down highways and lots under subsection 51(57) of the Planning Act;
4. Development of land within a plan of subdivision approved under the Planning Act;
5. Development in an area designated as a site plan control area under subsection 41(2)
of the Planning Act;
6. Development that is authorized by a development permit issued under O.
Reg.608/06 under the Planning Act;
7. Development of a unit within the meaning of the Condominium Act;
8. Carrying out an undertaking where approval to proceed was given under Part II of
the Environmental Assessment Act;
9. Carrying out an undertaking to which a class environmental assessment under Part
II.1 of the Environmental Assessment Act applies, if the requirements necessary to
proceed have been satisfied;
10. Carrying out a transit project as defined in subsection 1(1) of O. Reg. 231/08
(TransitProjects and Metrolinx Undertakings) under the Environmental Assessment
Act;
11. Carrying out an undertaking to which O. Reg. 116/01 (Electricity Projects) applies;
12. Carrying out an undertaking to which O. Reg. 101/07 (Waste Management Projects)
applies;
13. Constructing a hydrocarbon line or station under the authority of an order made
under Part VI of the Ontario Energy Board Act;
14. Constructing a renewable energy facility under authority of an approval issued under
Part V.0.1 of the Environmental Protection Act (see “Don’t Forget” note below);
15. An activity described in section 3 of O. Reg. 350/12 (Registrations under Part II.2 of
the Act – Solar Facilities);
16. Advanced exploration carried out under Part VII of the Mining Act;
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Notice of ActivityNotice of Activity 29
17. Mine production carried out under Part VII of the Mining Act;
18. Rehabilitation of a mine hazard in compliance with a closure plan filed under the
Mining Act; or
19. Voluntary rehabilitation of a mine hazard approved under subsection 139.2 of the
Mining Act.
DON’T FORGET! Re: section 14 above:
Registration for the Newly Listed and Transition Species Notice of Activity for the
“Constructing a renewable energy facility under authority of an approval issued under
Part V.0.1 of the Environmental Protection Act” (number 14 in the above list) requires
prior approval by MNR of the associated mitigation plan before being granted a
Renewable Energy Approval under the Environmental Protection Act by the Ministry of
the Environment.
The registrant should use the Additional Activity Information text box to provide the
date of MNR’s approval of the mitigation plan and the name of the local MNR office
from which the approval was issued. If this information is not available at the time of
registration, it can be entered later by updating the Notice of Activity.
2.2. Additional Activity Information:
The Additional Activity Information text box can also be used to provide supplementary
information about the activity.
2.3 Species:
The Newly Listed and Transition Species Notice of Activity requires that the registration
identify the name of every eligible species listed on the Schedule of O. Reg. 242/08
s. 23.13 that will likely be affected by the activity (through impacts to individuals of
the species or through impacts to protected habitat).
PLEASE TAKE NOTE
As of July 1, 2013 this Notice of Activity applies to the following species:
n Species added to the SARO List on January 24, 2013
n Little Brown Myotis (also known as Little Brown Bat),
n Northern Myotis (also known as Northern Long-eared Bat),
n Yellow-breasted Chat,
n Pugnose Minnow, and
n Silver Chub
n Species listed in Schedule 3 or 4 of the ESA to which clause 10(1)(a) (Prohibition on
damage to habitat, etc.) did not apply until June 30, 2013 (includes 65 species)
PLEASE TAKE NOTE
Section 9 of the ESA (Prohibition on killing, etc.) has applied to the 65 species in Schedule 3
or 4 of the ESA since June 30, 2008. Activities that would result in a contravention of s. 9 of
the ESA are not eligible under O. Reg. 242/08 s. 23.13.
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