Communiqué 2008-07

The Endangered Species Act, 2007 (ESA) received Royal Assent on May 17, 2007 and came into force on June 30, 2008. The purpose of the ESA is to identify species at risk in Ontario, to protect these species and their habitats, to promote the recovery of these species, and to promote stewardship activities to assist in the protection and recovery of these species.

Under clause 9.(1)(a) of the ESA, it is prohibited to kill, harm, harass, capture or take a living member of a species at risk listed in the Species at Risk in Ontario List (O. Reg. 230/08). Under subsection 10.(1), it is prohibited to damage or destroy the habitat of a species listed in the Species at Risk in Ontario List as an endangered or threatened species.

Ontario Regulation 242/08, made under the ESA, came into effect on June 30, 2008. This regulation exempts police officers, firefighters and other persons from the prohibitions in clause 9.(1)(a) and subsection 10 (1) of the ESA provided certain conditions are met. The pertinent section of the regulation states:

Protection of health or safety, etc.

8 (1) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is acting to protect a human being or animal if the person reasonably believes that there is an imminent risk to the health and safety of the human being or animal.

(2) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a police officer, firefighter or other person if,

(a) he or she is exercising powers or performing duties under an Act of Ontario or Canada or is acting under the direction of a person who is exercising powers or performing duties under an Act of Ontario or Canada;

(b) he or she is engaged in an activity that is intended to,

(i) protect the health or safety of any human being,

(ii) search for a living or dead human being,

(iii) prevent or reduce significant damage to property or the environment, or

(iv) enforce the law; and

ENDANGERED SPECIES ACT, 2007

(External Distribution)