Clause 9(1)(a) of the Endangered Species Act, 2007 (“ESA”) prohibits a person from harming and harassing a living member of a species that is classified as extirpated, endangered or threatened on the Species at Risk in Ontario (SARO) List (Ontario Regulation 230/08).
This provision applies automatically when a species is listed as an extirpated, endangered or threatened species on the SARO list.
Activities that harm and harass an extirpated, endangered or threatened species are prohibited without authorization under the ESA.
The Ministry of Natural Resources has developed proposed guidance to provide clarity regarding the terms harm and harass as they are used in clause 9(1)(a) of the ESA. The proposed guidance includes interpretations of these terms, guiding principles and important biological factors and activity-related details that MNR will consider in determining whether an activity is likely to harm or harass a living member of an extirpated, endangered or threatened species.