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Act Proposal Notice:   EBR Registry Number:   012-1120
Invasive Species Act
Ministry of Natural Resources
Date Proposal loaded to the Registry:
February 27, 2014

Some web links in this notice have been updated due to a web migration project. If you cannot access information that was previously available, you can request assistance from the contact listed in this notice. The remainder of the notice has not been altered.

Keyword(s):   Fish and Wildlife  |  Protected Areas  |  Parks  |  Forests  |  Conservation  |  Legislation
The comment period for this proposal is now over.
Description of Act:

Invasive species are a growing threat to Ontario’s environment, economy, and society. Once established, invasive species can be difficult and costly to control and eradicate, and the damage caused to the environment is often irreversible. The Ontario government has been involved in invasive species prevention and management activities since the early 1990’s. Although there are many examples where these efforts have been effective, species continue to arrive and spread in Ontario. New approaches and tactics are required to address the current and future threats posed by invasive species in Ontario.

To assist in scoping necessary actions to address the problem, the Ontario government published the Ontario Invasive Species Strategic Plan in 2012. The plan highlights work that has been undertaken and identifies gaps in current programs and policies.

Since the release of the plan, the Ministry of Natural Resources (MNR) has examined how Ontario’s existing legislation and policy framework addresses invasive species. This analysis was summarized in an Invasive Species Discussion Paper posted on the Environmental Registry in August 2013 (ER# 011-9780). The analyses and feedback received clearly identified the need for a stronger legislative framework. In response, the government has proposed an Invasive Species Act which, if passed, would provide a stronger legislative framework to prevent, detect, rapidly respond, and manage invasive species that impact Ontario’s natural environment.

For the purpose of the proposed act, invasive species include plants, animals or other organisms (e.g., bacteria) that are not native to Ontario or a part of Ontario that have had, or that may have, negative impacts to the natural environment and associated economic and social benefits.

If passed, the proposed act would provide authority to:
• Enable the passage of regulations which would list invasive species. Upon listing, a suite of restrictions would be applied to the species (e.g., illegal to possess, deposit, release, transport, buy, sell, lease, trade, and propagate the species).
• Enable, through the passage of regulations, restrictions on carriers of invasive species. Carriers are things that harbour invasive species and enable their movement and spread. Prohibitions for carriers would be determined on a case-by-case basis.
• Provide for exemptions from the prohibitions under certain circumstances (e.g., possession of an invasive species for research, control, or educational purposes).
• Enable the minister to temporarily designate an invasive species that poses a significant threat, in order to take immediate action. This provision would only be used where waiting to list the species in regulation would cause significant harm to the natural environment.
• Enable the ministry to undertake rapid response activities such as implementing control and eradication activities. These provisions would only be used in limited circumstances, and would be based on the scale of the threat and the potential impact to the natural environment and economy.
• Provisions are also included which enable the minister to prepare provincial invasive species prevention and response plans for extremely high risk species, and enter into agreements.

The proposed act, if passed, would come into force one year after receiving Royal Assent.

Anticipated results:
The proposed legislation is intended to:
• Provide a more proactive and comprehensive approach to prevent the introduction of new invasive species, and manage the spread of those species already established in Ontario.
• Hold those responsible for introducing high risk invasive species into Ontario, for the costs of control and eradication. This will be achieved through strong penalties as well as cost recovery mechanisms for expenses related to control and eradication activities.
• Promote shared accountability for managing invasive species through enabling partnerships.

Purpose of Act:

To invite comment on the proposed Invasive Species Act from the public, stakeholders and Aboriginal Peoples, and to encourage the submission of constructive comments that will inform the Ministry’s decision making process.

Other Information:

Proceeding with the proposed Invasive Species Act would place Ontario as the first jurisdiction in Canada with stand-alone invasive species legislation. It would also demonstrate progress to fulfill several Ontario government commitments for further action, including commitments made in the 2012 Ontario Invasive Strategic Plan, the 2012 Canada – U.S. Great Lakes Water Quality Agreement, and the Ontario Great Lakes Strategy.

The following web links provide additional information related to this notice.

Legislation Assembly of Ontario website (for proposed act) www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=2946
Ontario Invasive Species Strategic Plan (2012) http://www.ontario.ca/invasivespecies
Ontario Invasive Species Discussion Paper (2013) http://apps.mnr.gov.on.ca/public/files/er/stdprod_109127.pdf

Public Consultation:

This proposal was posted for a 46 day public review and comment period starting February 27, 2014. Comments were to be received by April 14, 2014.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

Other Public Consultation Opportunities:

MNR will provide opportunities for Aboriginal communities, other stakeholders, and the public to express their views on the proposed legislation, through hosting workshops and discussions with key stakeholders.


Donna Wales
Policy Advisor
Ministry of Natural Resources
Policy Division
Biodiversity Branch
Biodiversity Policy Section
300 Water Street
Peterborough Ontario
K9J 8M5
Phone: (705) 755-5486
Fax: (705) 755-2168