How to get an Endangered Species Act permit or authorization

How to register an activity, get a permit or other authorization to conduct an activity that could impact an endangered or threatened plant or animal or its habitat.

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Endangered Species Act

More than 200 species of plants and animals are at risk of disappearing from Ontario.

The Endangered Species Act provides:

science-based assessment — species are assessed by an independent body based on the best-available science and Aboriginal Traditional Knowledge
automatic protection — species classified as endangered or threatened automatically receive legal protection
habitat protection — when a species is classified as endangered or threatened, its habitat is also protected

There are timelines in the law for producing strategies and plans to recover at-risk species. There are also tools to help reduce the impact of human activity on species and their habitats, and to encourage protection and recovery activities.

See: Endangered Species Act

Permits and other authorizations

The government protects species at risk by restricting activities that may affect these plants, animals or their habitats.

In some cases, a broad restriction may not be practical or even possible. Under the Endangered Species Act, the Ministry of the Environment, Conservation and Parks can grant different types of permits or other authorizations for activities that would otherwise not be allowed, with conditions that are aimed at protecting and recovering species at risk.

These authorizations are intended to ensure that Ontario’s businesses and residents continue to prosper while protecting and recovering the province’s at-risk animals and plants.

How to avoid authorization

If you can work around protected species and habitats so that you won't have any adverse effects on them, you won't need an authorization under the Endangered Species Act for your activity.

Ways to work around protected species

timing — conducting the activity at certain times of the year (e.g. by removing brush in the spring or fall when migrating birds have flown south, you can avoid interfering with their nests and young)
location — moving the activity to a slightly different location or reducing the size of the area affected (e.g. by planning the layout of a housing development so that it doesn't overlap with the habitat of a plant species at risk, you can avoid harming the plant and destroying its habitat)
method — Some ways of performing the same activity are often better than others (e.g. building a floating or pipe dock rather than a crib dock to avoid adverse effects to the shoreline habitat of at-risk fish species)

Authorization types

Permits

A permit is like a licence. It is issued to a person, a company or an organization, and includes a set of conditions that must be met.

Agreements

Agreements are drawn up between two parties who agree on a set of provisions. An agreement is a signed contract between a person, company or organization and the Ministry of the Environment, Conservation and Parks. The provisions of the agreement must be followed.

Regulatory exemption

A regulatory exemption enables activities that would otherwise not be allowed. Exemptions can be created using a regulation under the Endangered Species Act. The regulation sets out specific circumstances and requirements that must be followed. Some regulations require registration with the ministry as one step in receiving an exemption.

Ministry of the Environment, Conservation and Parks role

The ministry’s role isn't simply to grant or deny permits and agreements. Our job includes guiding you through the process. Ministry staff can provide advice to help you identify species at risk in your area and understand how they may be affected by your activity. The ministry can also provide input about the best approach to take, what official processes to complete and any key timelines that may affect your activity.

Other permissions, approvals or authorizations may be needed from land owners, agencies or different levels of government, (e.g. a conservation authority, municipality, another ministry or the federal government). Other authorizations may also be needed from the Ministry of the Environment, Conservation and Parks.

Contact other land owners and authorities early in the process to identify any requirements. It is your responsibility to ensure that you have all other permissions, approvals and authorizations before starting your activity.

What requires a permit

If a species is extirpated, endangered or threatened, the Endangered Species Act does not allow the following actions:

killing
harming
harassing
capturing
taking
possessing
transporting
collecting
buying
selling
leasing
trading
offering to buy, sell, lease or trade

If the activity you are planning might affect species at risk then you may need a permit.

Some of these restrictions also apply to:

parts of a species at risk (e.g. fur)
items derived from a species at risk (e.g. herbal medicines)

If a species is listed as endangered or threatened, the act also prohibits damaging or destroying the species' habitat.

Learn more: how Ontario protects species at risk

Permit types

A permit authorizes a person to perform an activity that isn't otherwise allowed under the Endangered Species Act (e.g. harm or harass a species at risk, or damage or destroy its habitat), as long as certain requirements are met.

The ministry can change or cancel your permit with your consent. Your permit can also be changed or cancelled without your consent, if necessary to prevent jeopardizing the survival or recovery of the species at risk specified in your permit or for the protection of human health or safety.

There are 5 types of permits issued under the Endangered Species Act:

health or safety
protection or recovery
social or economic benefit to Ontario
Aboriginal
overall benefit

Health or safety permits

A situation may arise that involves actions necessary to protect human health or safety, but where the risk is not imminent.

If you need to take action to address this kind of risk, you may need a health or safety permit under the Endangered Species Act. Or, you may be eligible for an exemption with registration.

Some examples that require a health or safety permit include:

if you want to shore up a rock cliff where a peregrine falcon is nesting nearby
if you want to prune or remove a cherry birch tree that is likely to fall on the roof of a house

Streamlined approvals

You don't need a permit to carry out certain activities that help reduce a threat to human health or safety. You do need to register the work and follow certain rules.

See rules: activities that reduce a threat to human health or safety

Urgent situations

In situations where the risk to human health or safety is imminent, there’s no time to consider authorization to act. A regulation under the act provides a different exemption if you are acting to protect a person or animal from an imminent risk to health or safety. It also means that firefighters, police officers and others can carry out their duties immediately.

Learn more about this section of the regulation

Learn more: health and safety work and endangered or threatened species

Requirements and conditions

For a health or safety permit to be issued, the Ministry of the Environment, Conservation and Parks must believe that the activity is necessary for the protection of human health or safety.

Before issuing a permit, the ministry must consider the government response statement, if one exists, for each species at risk that may be affected by the activity.

A health or safety permit may include conditions or requirements such as taking steps to minimize adverse effects on the species at risk, monitoring and reporting.

Learn more: government response statements

Process

For information about seeking a health or safety permit, contact the Ministry of the Environment, Conservation and Parks.

Protection or recovery permits

If the main purpose of your activity is to help a species at risk or its habitat, but your activity is likely to have some adverse effects on the species or its habitat, you may need a protection or recovery permit.

Some examples that require a protection or recovery permit include:

if you want to capture and mark the shells of Blanding’s turtles as part of a population study
if you want to collect dense blazing-star seeds and plant them as part of a prairie restoration project
if you want to conduct a site assessment to determine if a proposed subdivision will adversely affect Jefferson salamanders

Streamlined approvals

You don't need a permit to carry out certain activities that help, protect or recover species at risk. You do need to register the work and follow certain rules.

Learn more: streamlined rules for protection and recovery

How to get a protection or recovery permit

For information about seeking a protection or recovery permit, contact the Ministry of the Environment, Conservation and Parks.

Social or economic benefit to Ontario permits

The Ministry of the Environment, Conservation and Parks may issue a permit to authorize an activity that will result in a significant social or economic benefit to Ontario.

Requirements and conditions

You must meet the following requirements to receive a social or economic benefit to Ontario permit:

the activity must result in a significant social or economic benefit to Ontario
the ministry must consult with an expert on the possible effects of the activity on the species. The expert must submit a written report to the Minister, including his or her opinion on whether the activity will jeopardize the survival or recovery of the species in Ontario
the Minister must be of the opinion that:
- the activity will not jeopardize the survival or recovery of the species in Ontario
- reasonable alternatives have been considered, including those that wouldn't adversely affect the species, and the best alternative has been adopted
- reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit

A social or economic benefit to Ontario permit may also include other conditions or requirements like monitoring and reporting.

Social or economic benefit to Ontario permits must be approved by the Lieutenant Governor in Council (Cabinet).

An example of a social economic permit could be receiving an authorization that enables an international crossing that increases trade and investment between the countries, creates thousands of construction jobs in Ontario and increases border crossing capacity.

How to get a social or economic benefit to Ontario permit

The Ministry of the Environment, Conservation and Parks will provide advice on whether or not your activity could qualify for a permit.

This type of permit requires an in-depth process:

the preliminary submission from the proponent provides the information needed to determine if the Endangered Species Act's legal requirements are met
the ministry then obtains an independent expert report that describes the possible adverse effects on the species and the expert’s opinion on whether the activity will jeopardize the survival or recovery of the species in Ontario
a notice of the permit application will be posted on the Environmental Registry under the Environmental Bill of Rights for public comment
the results of this consultation are considered before a permit decision is made by the Lieutenant Governor in Council (Cabinet)

Aboriginal permits

The Ministry of the Environment, Conservation and Parks may issue an Aboriginal permit to a band (as defined in the federal Indian Act), a tribal council, or an organization that represents a territorially based Aboriginal community.

Requirements and conditions

The ministry can only issue an Aboriginal permit if the permitted activity doesn't jeopardize the survival or recovery of the species at risk in Ontario.

Before issuing an Aboriginal permit, the ministry must consider the Government Response Statement, if one exists, for each species at risk that may be affected by the permitted activity.

An Aboriginal permit may include conditions or requirements like monitoring and reporting needs.

How to get an Aboriginal permit

For information about seeking an Aboriginal permit, contact the Ministry of the Environment, Conservation and Parks.

Overall benefit permits

If your activity may have an adverse effect on species at risk or their habitat, and you can't avoid those effects, you may need a permit. If none of the above permit circumstances apply, you may need an overall benefit permit.

Learn more: overall benefit permits

Agreements

An Endangered Species Act agreement is a signed contract between a person, company or organization and the Ministry the Environment, Conservation and Parks. There are 2 specific types of agreements listed in the act.

Stewardship Agreements

A stewardship agreement allows you to perform an activity that assists in the protection or recovery of a species that is not otherwise allowed under the act. Conditions are put in place to make sure any negative effects on the species are minimized.

Some examples that require a stewardship agreement include:

if you want to harvest wild eastern prairie fringed-orchid seeds to re-plant as part of a multi-year prairie restoration project
if you want to collect plant materials for research to find or grow a disease-resistant variety of the species
actively managing an area and enhancing it to create species at risk habitat

Aboriginal Agreements

The Ministry of the Environment, Conservation and Parks may enter into an agreement for an activity that would otherwise contravene the act with:

a band (as defined in the federal Indian Act)
a tribal council
an organization representing a territorially based Aboriginal community

The ministry can't enter an agreement if the authorized activity would jeopardize the survival or recovery of the species in Ontario.

Regulatory exemptions

Regulatory exemptions with registration are similar to permits and agreements. They enable activities that wouldn't otherwise be allowed under the Endangered Species Act.

A set of specific conditions must be met to uphold an exemption. Conditions can include:

undertaking measures to minimize the adverse effects of the activity on species at risk
creating and following a mitigation plan
monitoring and reporting on the effectiveness of mitigation measures

You are required to ensure you meet the eligibility criteria and in most cases to register the activity with the Ministry of the Environment, Conservation and Parks before starting it. Eligible activities include:

Agriculture – bobolink and eastern meadowlark

Activities undertaken while carrying out an agricultural operation are exempt by regulation from species and habitat protection, with respect to bobolink and eastern meadowlark, until December 31, 2025.

The exempted area which provided habitat for bobolink or eastern meadowlark must remain suitable for an agricultural operation. For the purposes of this regulation, “agricultural operation” means an agricultural or horticultural operation that is carried out with the expectation of financial gain or reward and includes:

draining, irrigating or cultivating land
growing, producing or raising farm animals
production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass,
production of eggs, cream and milk
operation of agricultural machinery and equipment
management of materials containing nutrients for farm purposes
ground and aerial spraying
storage, handling or use of organic wastes

Learn more: full regulation

Development – bobolink and eastern meadowlark

Development activities that meet one of the requirements below are exempt from habitat protection provisions for bobolink and eastern meadowlark, provided all conditions prescribed in the regulation can be met.

Conditions

submit a development plan to MECP which outlines information on the activity and the actions that will be taken to minimize adverse effects on the species' habitat, including:

activity description, qualification evidence, name, location, map, size of the habitat, ecoregion, proposed start date
- habitat replacement area location, map, ecoregion, size of the replacement area, soil composition, vegetation composition
- replacement area must be established within 12 months of submitting the development plan
replacement area must be 50-80% grasses (at least three species) with remainder in forbs or legumes
at least one of the grasses must grow to more than 50 centimetres under normal growing conditions
maintenance of the replacement area is required for at least five years to maintain the habitat as described above and in a condition suitable for continued use of bobolink and eastern meadowlark
where the replacement area will be used for livestock grazing, animals must be excluded from 50% of the area between September 16 and July 31 of the following year

Development and infrastructure – redside dace

Under this exemption, specific urban development and infrastructure activities are exempt from the protection provisions for redside dace and its habitat, if the conditions in the regulation are met.

The exemption applies to activities conducted under 1 of the following approvals:

development of land permitted by an official plan amendment made under the Planning Act, a zoning by-law made by a municipality under the Planning Act, or an integrated environmental assessment authorized under the Environmental Assessment Act, if:
- the other approval was made or authorized after September 27, 2002 and before July 1, 2011
- the other approval specifies the limits of the valley and stream corridors in the area to be developed
- the other approval has been reviewed by the conservation authority for the area to be developed
- impacts of the development on redside dace were considered in making the amendment, by-law or assessment
development of a lot if the lot is within a draft plan of subdivision or development of a unit under the Condominium Act, if the approval:
- was given after September 27, 2002 and before December 31, 2012
- has not expired and the development is not prohibited by any zoning by-law or order made under the Planning Act
carrying out an undertaking under Part II of the Environmental Assessment Act or under a specified Class Environmental Assessment, if the approval was given after September 27, 2002 and before July 1, 2011

To qualify for this exemption, you must:

complete a mitigation report that meets the requirements in the regulation, including:
- a description of the location of the activity
- the steps taken to minimize adverse effects on redside dace
submit the complete mitigation report to the district manager at the nearest Ministry of the Environment, Conservation and Parks district office
receive approval of the plan from the district manager by December 31, 2014
- if you don't meet the requirements of the regulation, the district manager may refuse the report
carry out the activity in accordance with the mitigation plan

The regulation also prescribes specific requirements regarding the timing of activities, sediment control measures, restoration actions and storm water management designs.

See regulation for full requirements of the mitigation report

Contact the Species at Risk Branch

Updated: August 05, 2021

Published: May 23, 2014