The appellants, environmental groups, appealed a Divisional Court decision dismissing their judicial review application challenging the vires of O. Reg. 176/13 under the Endangered Species Act, 2007.
The regulation provided exemptions from the Act's prohibitions.
The appellants argued the Minister failed to meet a statutory condition precedent by not considering the effect of the regulation on each individual species, and that the regulation's purpose was inconsistent with the Act.
The Court of Appeal dismissed the appeal, finding the Minister properly considered the effect on each species and the regulation was not inconsistent with the Act's purpose.
