The Species Conservation Act, 2025 is Now in Effect

The Species Conservation Act, 2025 is Now in Effect

On March 30, 2026, the Province repealed the Endangered Species Act, 2007 (the “ESA”) and replaced it with the new Species Conservation Act, 2025 (the “SCA”). The new SCA fundamentally changes how activities affecting species at risk are regulated in Ontario, introducing a registration-first system that is expected to reduce permitting timelines but shift greater responsibility onto applicants and their consultants.

At the same time it brought the SCA into force, the Province issued the following five regulations to implement the new species conservation regime:

The passing of the new SCA follows the significant amendments to the ESA brought into force by Bill 5, the Protect Ontario by Unleashing our Economy Act, 2025, which became effective on June 5, 2025. These changes included the addition of a new “purpose” to the SCA; narrowing the definition of “habitat”; decoupling the automatic listing of species from Committee on the Status of Species at Risk in Ontario’s (“COSSARO”) classification list; and updating the compliance and enforcement powers of provincial officers.1  These changes and the proposed new SCA generated significant public response, receiving a total of 61,822 comments on the Environmental Registry of Ontario (“ERO”) proposal. Notwithstanding the opposition, the new SCA and regulations carry over these changes, and advance additional amendments, with the most notable described below.

Revised Species at Risk List

With the removal of the automatic listing of the species classified by COSSARO, in accordance with the SCA, the Lieutenant Governor in Council prescribed new Ontario Regulation 60/26, which sets out the list of Protected Species in Ontario. The list maintains all 168 of the species that COSSARO classified as ‘extirpated’, ‘endangered’ or ‘threatened’, but it no longer includes aquatic species and migratory birds as these are protected under the federal government’s Species at Risk Act (“SARA”). The list also does not include species identified by COSSARO as ‘special concern’. While ‘special concern’ species were listed in former Ontario Regulation 230/08, they were not afforded protection by the ESA.2

The Two-Tiered Registration-First Approach

The SCA establishes a two-tier approach to regulating “section 16 activities”. The SCA defines a “section 16 activity” similar to the prohibited activities set out in the ESA, and includes any activity that results or is likely to result in the killing, harming, capturing or taking of a member of a protected species, an activity that results or is likely to result in damage to or destruction of the habitat of a protected species, and possessing, transporting, collecting, buying, selling, leasing, trading or offering to buy, sell, lease or trade a protected species or parts of a protected species. The two types of activities are then divided into the following categories:

  1. Registrable Activities – these activities are all “section 16 activities” except those prescribed for the purposes of permit activities. These “registrable activities” may be conducted on the condition that they are registered in the Species Conservation Registry in accordance with O.Reg. 75/26, the Minister has confirmed registration, and the person engages in the activity in accordance with the regulation.
  2. Permit Activities – these activities are prescribed by O.Reg. 74/26 and require a permit from the Minister to conduct. These permit activities are a subsection of “section 16 activities”, which generally includes activities where the direct intent and/or consequence of the activity is to kill or harm a protected species or habitat, rather than it being an incidental result of the activity.

Registrable Activities

The process to register “registrable activities” is set out in detail in the regulation. In short, the applicant must, among other things, have a qualified professional develop a conservation plan prior to registering the activity. The required contents of the plan are set out in Schedule 1 to the regulation and include a description of the registrable activity, the dates it is anticipated to start and end, the name of every protected species that may be affected, a description of every habitat that may be affected, mitigation measures, and, if the activity is anticipated to have residual adverse effects on a protected species or habitat, a detailed description of how at least one conservation measure will be implemented.

Permit Activities

Activities that require a permit are generally activities where the killing or harming of a species is the direct, intended and deliberate consequence of engaging in the activity, the primary purpose of the activity, and not an incidental result of engaging in the activity, or activities involving possessing, transporting, collecting, buying, selling, leasing, trading or offering to buy, sell, lease or trade a living or dead member of a protected species or any part/derivation of that species. The ERO Posting 025-0909 provides more details on what is contemplated by these types of activities and includes:

  • Hunting a protected species for sport or deliberately harming a protected species;
  • Introducing a protected species to an area where it does not currently occur;
  • Commercial activities (e.g., buying, selling, trading) in respect of a protected species or a thing that is represented as protected species;
  • Possessing a species for non-conservation purposes, including capturing or taking protected species from the wild;
  • Activities related to the operation of R.H. Saunders Station and American Eel, which formerly required a Minister’s agreement under the ESA; and
  • Cultivation of American Ginseng, other than field-grown commercial cultivation, which is excepted.

The permit process is set out in the SCA itself, where the Minister is authorized to consider the application and may issue the permit with or without conditions, refuse the permit and suspend or revoke the permit. The Minister may now also suspend, revoke or refuse to issue a permit if the past conduct of the permit holder or the applicant affords reasonable grounds to believe that the person will not engage in the activity in accordance with the SCA and regulations.

The Exemptions

Finally, O.Reg. 61/26 prescribes the activities that are exempt from registration and permits. While many exceptions are prescribed, notable exceptions include:

  • There are reasonable grounds to believe that the activity is necessary to protect a person or animal from imminent risk to their health or safety;
  • There are reasonable grounds to believe that the activity is necessary to protect property from significant damage if the person conducting the activity is the owner or agent of the owner of the property;
  • The activity is conducted by a legal authority (such as emergency personnel);
  • Where veterinarians, zookeepers and wildlife custodians are providing care or other prescribed activities;
  • Hunting of the Eastern Wolf or Northern Bobwhite species and falconry if these activities are conducted in accordance with the Fish and Wildlife Conservation Act;
  • Incidental trapping of protected animals or fishing of protected fish;
  • Commercial cultivation of vascular plants;
  • Harming of a Black Ash species if the species is not within the prescribed municipalities or is an unhealthy or immature tree in the prescribed municipalities; and
  • Harming of a Butternut species when it is at the nut stage of development or if the activity is identified by a qualified professional in a report as being impacted by butternut canker.

Conclusion

While this new approach is heavily criticized by environmental groups, it is supported by many in the development industry who have been delayed by the permitting process under the ESA. The Province has stated that this new approach is intended to speed up the approval of registrable activities as the Minister will no longer be required to review and approve permits. While the new regime is intended to streamline approvals and reduce delays, it also places increased reliance on self-assessment and qualified professionals. The Province is also in the process of drafting guidance to support the implementation of the new SCA that will assist in assessing whether an activity will require registration or a permit based on whether that activity will impact a protected species or habitat.

Should you have any questions as to whether your “activity” is registrable or requires a permit, please do not hesitate to reach out to Davies Howe LLP who are happy to guide you through the process.

1 See Davies Howe LLP Blog on Bill 5, Protect Ontario by Unleashing our Economy Act, 2025 (May 14, 2025) for further details on the amendments to the ESA here.

2 Endangered Species Act, 2007, S.O. 2007, c. 6 (repealed on March 30, 2026), s. 9(1)

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