Interim Protocol for the Review of Project Proposals that May Affect Aquatic Species at Risk in Ontario 2011

This notice was originally posted in the old Environmental Registry under number 011-5661.

Description of Policy

The provincial Endangered Species Act, 2007 (ESA), the federal Species at Risk Act (SARA) and the federal Fisheries Act all apply to aquatic species found in Ontario waters.

Although many of the provisions of SARA and the ESA are similar, there are some important differences with regard to listing of species, timing of protection provisions, habitat protection, permits, and regulations.

The interim protocol is intended to: provide guidance to review agency staff; ensure the coordinated and efficient implementation of the ESA and the SARA; establish processes to address inconsistencies in the two acts; and to clarify the roles and responsibilities of the applicable agencies.

The interim protocol describes the legislative authority and the current roles of Ministry of Natural Resources and the Department of Fisheries and Oceans in relation to the management of aquatic species in Ontario. The interim protocol also describes the existing operational agreements between the Department of Fisheries and Oceans and conservation authorities and the associated responsibilities.

The interim protocol begins by outlining an integrated process for the screening, review and the authorization of projects. This is followed by a discussion of the various instruments, their requirements and a process to coordinate the development of conditions and mitigation measures. This includes a framework which relies on species status to identify which agency should take the lead in discussions with the proponent.

The interim protocol outlines a clear framework, which will increase inter-agency communication and coordination where there is overlap in the mandates to protect aquatic species at risk. This will improve service delivery to the public by streamlining the conditions contained in separate authorizations and integration of approval timelines.

Purpose of Policy

The purpose of this proposal is to seek comments from the public on the proposed Interim Protocol for the Review of Project Proposals that May Affect Aquatic Species at Risk in Ontario 2011.

Other Information

The following web-links provide additional information about this notice:

Proposed Interim Protocol for the Review of Project Proposals that May Affect Aquatic Species at Risk in Ontario 2011 http://apps.mnr.gov.on.ca/public/files/er/stdprod_093150.pdf

Endangered Species Act 2007http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_07e06_e.htm

Species at Risk in Ontario (SARO) List, Ontario Regulation 230/08 http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_080230_e.htm

MNR’s Species at Risk website http://www.ontario.ca/speciesatrisk

Species at Risk Act 2002 http://www.sararegistry.gc.ca/approach/act/default_e.cfm

Public Consultation

This proposal was posted for a 47 day public review and comment period starting February 08, 2012. Comments were to be received by March 26, 2012.

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.