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ARTICLE · 06 JULY 2022

Developers Beware: Changes To O. Reg. 242/08 Under The Endangered Species Act And What They Mean For Projects Already Underway

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Ontario has added fifteen new species to the list of Species at Risk in Ontario (the "SARO List") and made corresponding amendments to O. Reg. 242/08 (the "Regulation") under the Endangered Species Act (the "ESA").

CanadaReal Estate and Construction
Talia Gordner
Talia Gordner
Ralph Cuervo-Lorens
Ralph Cuervo-Lorens
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Ontario has added fifteen new species to the list of Species at Risk in Ontario (the "SARO List")1 and made corresponding amendments2 to O. Reg. 242/08 (the "Regulation") under the Endangered Species Act (the "ESA").3 These amendments came into effect on May 31, 2022.4

The ESA prohibits killing or harming species on the SARO List as well as the destruction of their habitats.5 These amendments deal with whether conditional exemptions from such prohibitions are available for certain commercial, industrial, or development activities.

Companies must therefore consider whether their current or planned activities comply with the new requirements. In some instances, companies may need to submit new or amended notices of activities or develop mitigation plans to qualify for or maintain eligibility for exemptions under the ESA.6 Such exemptions may expire if eligible projects do not proceed within a fixed timeline.7

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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