Minister’s Order for temporary suspension of protection upon the listing of Black Ash under the Endangered Species Act

ERO number
019-4278
Notice type
Regulation
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
September 23, 2021 - November 7, 2021 (45 days) Closed
Last updated

This consultation was open from:
September 23, 2021
to November 7, 2021

Decision summary

We have temporarily paused protections for Black Ash under the Endangered Species Act, for two years from the time when it is added to the Species at Risk in Ontario List, to allow time to develop an approach to support Black Ash protection and recovery.

Decision details

We have made a new Minister’s regulation (O. Reg. 23/22) that temporarily pauses the application of the general prohibitions against adversely impacting species and their habitat in the under the Endangered Species Act, 2007 (ESA) to Black Ash for two years from the time when it is added to the Species at Risk in Ontario List (SARO List) regulation (O. Reg. 230/08). The regulation came into force on January 26, 2022.

The ministry will use this time to gather relevant information to determine the best way to protect and recover Black Ash., including how to protect Black Ash by managing invasive Emerald Ash Borer taking into account the social and economic realities of Ontarians.

We remain committed to engaging with stakeholders, Indigenous communities and the public as part of continued efforts to protect and recover species at risk in Ontario.

Details about the new regulation:

  • The regulation includes an order to temporarily pause the application of the prohibitions in sections 9 and 10 of the ESA against harming the species or its habitat for a period of two years from the time that Black Ash is added to the SARO List regulation.
  • The temporary pause applies across Ontario.
  • The reason for the temporary suspension is that the application of the prohibitions would likely have significant social or economic implications for many parts of Ontario and, as a result, additional time is required to determine the best approach to protecting the species and its habitat.

Regulatory impact statement

The regulation allows activities that impact Black Ash and its habitat to proceed without the requirement for an ESA authorization or exemption for a period of two years while the government determines the best approach for protecting and recovering the species.

This will reduce burden to proponents both during the two-year period during which protections are paused, and will allow the government time to determine the best protection approach for Black Ash that balances the species’ needs with the social and economic implications of its protection.

Comments received

Through the registry

39

By email

2,462

By mail

0
View comments submitted through the registry

Effects of consultation

We received a total of 2500 comments from:

  • the public
  • Indigenous communities and organizations
  • industry associations
  • environmental and conservation organizations
  • municipalities
  • other interested stakeholders

Some commenters felt that the proposal would allow the time to determine the best approach to protecting the species and its habitat while others expressed concerns that delaying protections would result in continued or accelerated decline of Black Ash and their habitat. Commenters who were supportive of the proposal cited the nature of the situation affecting Black Ash (i.e., considering threats, distribution and abundance) and potential social and economic consequences of protection.

Some commenters identified that Emerald Ash Borer is not currently affecting the entire province and that threats impacting Black Ash differ based on the part of the province in which it is found.

The cultural importance and significance of Black Ash to Indigenous peoples was explicitly identified by Indigenous communities and organizations and also recognized and acknowledged by other commenters.

The comments receive were carefully considered and analyzed as part of the ministry's decision.

Response: Although the ESA allows for temporarily pausing protections for a species for up to three years, the ministry has chosen to pause protections for only a two-year period.

The ministry carefully considered and analyzed information received from Indigenous peoples, stakeholders, other ministries and the public as part of its decision. In addition, the ministry took the following into account:

  • The primary threat to the species is the invasive Emerald Ash Borer, and there is a need to preserve the ability to take timely action to address the threat Emerald Ash Borer poses to all Ontario ash trees.
  • Projected declines are expected to occur over a 100-year period.
  • Black Ash trees and habitat are prevalent on Crown lands and other lands managed for conservation, and Black Ash and its habitat currently receive some level of protection via provincial and municipal legislation and policies.

Supporting materials

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Contact

Public Input Coordinator

Phone number
Email address
Office
Species at Risk Branch
Address

300 Water Street
5th Floor, North tower
Peterborough, ON
K9J 8M5
Canada

Office phone number

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Original proposal

ERO number
019-4278
Notice type
Regulation
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

September 23, 2021 - November 7, 2021 (45 days)

Proposal details

Details of the proposed regulation

As a result of the input we received in response to the upcoming listing of Black Ash as endangered, we are proposing a Minister’s regulation to temporarily pause the protections for Black Ash under the Endangered Species Act, 2007 (ESA) for two years from the time it is added to the Species at Risk in Ontario List (SARO List Regulation).

This will allow the ministry time to gather relevant scientific information to better understand the threats to Black Ash trees and the best way to recover it. During this time, proponents will not need to seek authorizations for activities that impact Black Ash and its habitat.

The regulation would include an order to temporarily pause the application of the prohibitions in sections 9 and 10 of the ESA against harming the species or its habitat for a period of two years from the time that Black Ash is added to the SARO List regulation.

Note that COSSARO’s assessment indicates that Black Ash is currently common and found throughout much of Ontario. The species is of conservation concern only because of the high number of Black Ash trees that the Emerald Ash Borer is expected to kill as its distribution expands in the province over the next generations of trees (approximately 100 years).

We remain committed to engaging with stakeholders, Indigenous communities and the public as part of continued efforts to protect and recover species at risk in Ontario.

Background: listing Black Ash under the Endangered Species Act

Ontario is committed to providing protections for species at risk under the Endangered Species Act, 2007 (ESA).

On January 27, 2021, the Minister of the Environment, Conservation and Parks received an annual report from Committee on the Status of Species at Risk in Ontario (COSSARO). COSSARO is an independent committee of experts, including members with expertise in scientific disciplines, community knowledge or Aboriginal Traditional Knowledge, responsible for:

  • assessing species at risk in Ontario
  • providing classifications to the Minister of the Environment Conservation and Parks

COSSARO’s report included the assessment and classification of Black Ash (a tree species) as endangered. The ESA requires the SARO Regulation to be amended to reflect COSSARO’s classification of Black Ash as endangered within one year of receiving the report (i.e. by January 27, 2022). Once this amendment is made, the provisions of the ESA would apply to Black Ash and it would receive full species and habitat protection under the prohibitions in sections 9 and 10 of the Act.

Given the classification as an endangered species, the ministry is developing a recovery strategy for Black Ash. The MECP intends to:

  • complete this strategy within a year of the amendment to the SARO List regulation
  • have this strategy inform a species-specific policy direction for species recovery (a government response statement).

Information about Black Ash

Black Ash is broadly distributed in Ontario and is found throughout much of the province. The primary threat to the species is an invasive insect, Emerald Ash Borer (EAB) that causes infested trees to die. It is expected that EAB will cause more than a 70% reduction of Black Ash trees over the next two generations (i.e. approximately 100 years).

Black Ash trees are currently used for a variety of purposes including lumber, fuelwood and Indigenous traditional uses (e.g. producing woven baskets).

Black Ash is of cultural significance to Indigenous peoples.

Black Ash lumber is used for items, including tool handles, sports equipment, furniture and interior finishes. As a result, it may be found in many households.

The species is currently harvested during forest and woodlot management activities and is also encountered during other activities including those related to development, infrastructure, mining, and agriculture.

As a result of mortality caused by EAB, it is expected that Black Ash trees will increasingly require removal or maintenance to ensure public health and safety.

Based on early input received from stakeholders, Indigenous communities and members of the public, it is anticipated that the protection of Black Ash trees and their habitat would likely result in significant social and economic impacts for a variety of sectors and individuals across Ontario.

Regulatory impact statement

The regulation will allow activities that impact Black Ash and its habitat to proceed without the requirement for an ESA authorization or exemption for a period of two years while the government determines the best approach for protecting and recovering the species.

This proposal is likely to have a neutral impact and is not expected to result in any new costs for business. We remain committed to engaging with stakeholders, Indigenous communities and the public as part of continued efforts to protect and recover species at risk in Ontario.

Comment

Commenting is now closed.

This consultation was open from September 23, 2021
to November 7, 2021

Connect with us

Contact

Public Input Coordinator

Phone number
Email address
Office
Species at Risk Branch
Address

300 Water Street
5th Floor, North tower
Peterborough, ON
K9J 8M5
Canada

Office phone number