2 total
Appeal dismissed; regulation exempting certain activities from Endangered Species Act prohibitions held intra vires.
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.
Application challenging the validity of an Endangered Species Act regulation dismissed.
The applicants, two environmental organizations, brought an application challenging the validity of Ontario Regulation 176/13 made under the Endangered Species Act, 2007.
They argued the Minister failed to meet a mandatory condition precedent under s. 57(1) of the Act and that the regulation was inconsistent with the Act's purposes.
The Divisional Court dismissed the application, finding that the Minister had properly formed the required opinion that the regulation would not jeopardize the survival of species at risk, and that the regulation's balancing of environmental protection with economic considerations was consistent with the broader purposes of the Act.
