O. Reg. 242/08, issued under the Endangered Species Act, 2007 (the Act), came into force on June 30, 2008. Among other things, the regulation contains various exemptions to the prohibitions in the Act against harming a member of a species listed as extirpated, endangered or threatened on the Species at Risk in Ontario List. For example, the regulation provides that, in certain circumstances, the Act’s prohibitions against harming listed species and damaging their habitat do not apply to the operator of a hydroelectric generator station; this exemption is conditional on the operator, within three years of the listed species being present at the station, making an agreement with the Minister of Natural Resources to take reasonable steps to mitigate and monitor the impact on the listed species or its habitat.
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