The Ministry of Environment, Conservation and Parks (MECP) made amendments in December of 2021, to the General Regulation (242/08) under the Endangered Species Act, 2007 (ESA, 2007).
These changes include those pertaining to the Butternut assessment process, as well as the online registration process for impacts to Butternut and other listed species.
The following are details about the new and amended regulations pertaining to butternut:
Butternut – formerly under s. 23.7 of O. Reg. 242/08, now in Part V of O. Reg. 830/21
- Enables the use of the Species at Risk Conservation Fund option for activities registered under this conditional exemption (starting on April 29, 2022).
- Effective December 9, 2021, increases to the number of Butternut trees that may be impacted under the conditional exemption to allow for impacts to:
- a higher number of trees assessed as being relatively healthy (i.e. Category 2 trees; to be increased from 10 to 15 trees)
- trees assessed as being potentially resistant to infection by Butternut Canker (i.e. Category 3 trees; to be increased from 0 to 5 trees)
- Changes the requirements for Butternut health assessments such that assessments are to be completed by a Butternut Health Expert, as defined in the regulation, rather than by a designated Butternut Health Assessor.
- Requires completion of beneficial actions for impacts to habitat when activities will impact more than 10 Category 2 butternut trees and any Category 3 trees.
- Requires proponents to minimize the adverse effects of their activity on butternut trees, including the preparation and implementation of a mitigation plan.
- Requires that butternut seedlings planted as a condition of the exemption be monitored and tended for 5 years.
The following links to the regulatory changes might be helpful for your information:
A proposal under the Endangered Species Act to enable use of the Species at Risk Conservation Fund and to streamline authorizations for certain activities that impact species at risk, while maintaining protections for species at risk.
Please contact SAROntario@ontario.ca to inquire further about any of these new changes.
If you have any questions about how these changes pertain to FGCA’s Butternut Recovery Program, including details about our archiving program, please contact us.