National Ecosensitivity Criteria

Both the existing environmental values of the land and those that may result from conservation initiatives are included in the consideration of what is ecologically sensitive. The following national criteria currently apply:

• areas identified, designated or protected by a local, provincial, territorial, national or international system or body as ecologically significant or ecologically important;

• natural spaces of significance to the environment in which they are located;

• sites that have significant current ecological value, or potential for enhanced ecological value, as a result of their proximity to other significant properties;

• municipal or rural lands that are zoned or designated for biodiversity objectives;

• natural buffers around environmentally sensitive areas such as water bodies, streams or wetlands; and

• areas or sites that contribute to the maintenance of biodiversity or Canada's environmental heritage.

Provincial Ecosensitivity Criteria

Some provinces also have their own ecosensitivity criteria in addition to the national ecosensitivity criteria. Please note that if a province is not listed in this section, only the national ecosensitivity criteria are applicable.

Provincial Ecosensitivity Criteria - Ontario

A) Specific Categories of Qualified Lands

Lands, easements or covenants relative to such lands, which fall into one or more of the following categories shall be deemed to be ecologically sensitive lands in Ontario. This is provided terms of easements of covenants regard and protect the ecologically sensitive features of the land.

A1. Significant portions of the habitat of species determined to be endangered, threatened or vulnerable in Ontario, as specified in a recovery plan or other biological study;

A2. Areas designated as Provincially Significant Wetlands;

A3. Provincial or regional Areas of Natural and Scientific Interest;

A4. Designated Areas of Concern for biodiversity purposes as identified in Forest Management Plans;

A5. Areas qualifying for the Conservation Land Tax Reduction Program;

A6. Areas managed for wildlife habitat conservation purposes that qualify under the Managed Forest Tax Reduction Program;

A7. Areas promoting the conservation of natural heritage and biodiversity that are identified within a regional or watershed plan or strategy developed by a recognized conservation organization;

A8. Areas designated as a World Heritage Site for biodiversity conservation purposes, a core area of a UNESCO Biosphere Reserve, or a Wetland of International Importance under the Ramsar Convention;

A9. Areas of biodiversity significance identified in a Canadian Heritage Rivers Management Plan or Strategy;

A10. Areas designated in the Niagara Escarpment Plan as an Escarpment Protection Area or an Escarpment Natural Area;

A11. Areas designated as Natural Core, Natural Linkage, Sensitive Hydrological Feature, High Aquifer Vulnerability, Significant Landform, Minimum Areas of Influence or Minimum Vegetation Protection Zones within the Oak Ridges Moraine Conservation Plan;

A12. Areas designated Core Area, Corridor or Restoration Area in the Lake Ontario Greenway Strategy;

A13. Areas designated for biodiversity conservation purposes within Management Plans or Strategies for the Trent-Severn or Rideau Waterways;

A14. Areas within a municipal official plan or zoning by-law under the Planning Act (Ontario) designated as an Environmentally Sensitive Area, Environmentally Significant Area, Environmental Protection Area, Restoration Area, Natural Heritage System or other designation for similar purposes that are compatible with the conservation of the biodiversity, ecological features and functions of the site;

A15. Areas within or adjacent to a Provincial Park, Provincial Park Reserve, Conservation Reserve, Conservation Area, Wilderness Area, Provincial Wildlife Area, National Wildlife Area, Migratory Bird Sanctuary, National Park, National Park Reserve or Ecological or Nature Reserve managed by a government or non-government agency;

A16. Municipal parks or other protected areas designated or managed for biodiversity conservation purposes;

A17. Areas identified as Carolinian Canada sites or alternate sites;

A18. Areas designated as Core Natural Area, Natural Area Buffer, Natural Area Link, or Valued Ecosystem Component in the National Capital Greenbelt Master Plan by the National Capital Commission; and

A19. Areas designated for biodiversity purposes by regional agencies such as the Niagara Parks Commission, St. Clair Parkway Commission, St. Lawrence Parks Commission and the Waterfront Regeneration Trust.

B. General Criteria for Other Ecologically Sensitive Lands

Lands, easements or covenants relative to such lands, that meet one or more of the following general criteria may also be considered to be ecologically sensitive lands in Ontario -- subject to the approval of the federal Minister of the Environment or a person delegated by the Minister for this purpose (the term "significant" for the purposes below refers to definitions provided in Provincial Policy Statements): This is provided terms of easements or covenants regard and protect the ecologically sensitive features of the land.

B1. Significant habitats such as alvars, prairies, cliffs, Great Lakes coastal habitats, old growth forest areas, glacial relic communities and sites with enduring geological features that contribute to biodiversity;

B2. Areas of wildlife concentration such as bat caves, snake hibernacula, heronries, deer wintering yards and sites used by migratory water birds and other species for seasonal staging, feeding, breeding and like purposes;

B3. Areas identified, designated or protected as ecologically significant or ecologically important by a government or non-government local, provincial, national or international system or body;

B4. Significant water bodies, rivers, streams, shorelines, valleys, wetlands, groundwater recharge areas, headwaters and aquifers;

B5. Significant wildlife or fish habitats;

B6. Significant woodlands;

B7. Areas that have significant current or potential for enhanced ecological values through restoration, remediation, management or geographic proximity to other ecologically significant properties;

B8. Natural buffers and adjacent lands around areas identified under other ecologically sensitive lands categories or criteria that contribute to the conservation of biodiversity;

B9. Natural links or corridors between areas identified under other ecologically sensitive lands categories or criteria that contribute to the conservation of biodiversity;

B10. Areas used for long-term scientific study or baseline and benchmark monitoring of biodiversity; and

B11. Areas that contribute to Canada's environmental heritage through the maintenance of the genetic diversity of species, ecosystem health, or landscape biodiversity, and other natural spaces of significance to the environment in which they are located.

The categories and criteria listed above, for the purposes of implementation of provisions in the Income Tax Act for ecological gifts, have been agreed to by representatives of the Governments of Ontario and Canada. This list and criteria may be further elaborated and amended by agreement between Environment Canada and the Ontario Ministry of Natural Resources.

Provincial Ecosensitivity Criteria - Quebec

Ecologically sensitive land, as defined by the Quebec Ministry of the Environment, includes:

1. natural space of significance to the environment in the area or on that site;

2. wildlife and floristic habitats, as defined in Quebec legislation;

3. green- or blue-zoned areas under municipal jurisdiction;

4. natural space that acts as a buffer between a development zone and an environmentally sensitive site (such as a water body, marsh, etc.);

5. habitat that contributes to the preservation of biodiversity; and

6. degraded natural sites that have a good chance of being restored within a reasonable time period.

Provincial Ecosensitivity Criteria - New Brunswick

Ecologically sensitive lands in New Brunswick as stipulated in a Canada-New Brunswick Memorandum of Understanding effective August 22, 1996, include:

1. Lands of High Species Diversity: Supports unusually high diversity of plant and/or animal communities.

2. Lands of Rare or Endangered Habitats and/or Populations: Supports populations and habitats of rare, threatened, or endangered species; contains critical habitat of limited range, providing breeding, shelter, or feeding sites for wildlife; contains plant and/or animal associations and/or habitats which might be remnants of once-larger habitats which have virtually disappeared.

3. Restorable Ecologically Significant Areas: Contains examples of modified or degraded ecosystems or sites capable of being restored to more natural conditions.

4. Unique/Representative Ecosystems: Contains outstanding and/or representative ecosystems, features, flora, and fauna and/or unique plant/animal associations and/or habitats.

Provincial Ecosensitivity Criteria - Prince Edward Island

Lands and waters that meet one or more of the following criteria, as stipulated in a Canada-Prince Edward Island Memorandum of Understanding effective July 19, 1999, shall be considered ecologically sensitive lands in Prince Edward Island:

1. Areas identified or areas adjacent to areas identified under the International Biological Program, University of Prince Edward Island Natural Areas Survey, Ramsar Convention, UNESCO Programs, Significant Environmental Areas Program, Western Hemisphere Shorebird Ecological Reserves, Important Bird Areas, Prince Edward Island Museum and Heritage Foundation, Marine Protected Areas, archaeological sites (e.g. suitable for study of paleobotany) or other listings of areas of biological importance.

2. Areas designated or qualifying for designation under thePrince Edward Island Natural Areas Protection Act, Heritage Places Protection Act, Planning Act, Recreation Development Act, Trails Act, Wildlife Conservation Act, Forest Management Act, or any other existing or future Act capable of designating conservation of natural resources.

3. Areas wholly or partially within or adjacent to or suitable for a Provincial Park, Scenic Heritage Road, Provincial Forest, designated or candidate Natural Area, Conservation Zone, Wildlife Management Area, Migratory Bird Sanctuary, National Wildlife Area, National Park, or other Conservation Areas managed by a government or non-government agency(ies).

4. Areas which could form a corridor or portions of a corridor between/among Provincial Parks, Urban Parks (excluding sports venues), Scenic Heritage Roads, Provincial Forests, designated or candidate Natural Areas, Conservation Zones, Wildlife Management Areas, Migratory Bird Sanctuaries, National Wildlife Areas, Marine Protected Areas, National Parks or other Conservation Areas managed by a government or non-government agency(ies).

5. Areas wholly or partially adjacent to any nature, educational, or recreational trail in the Province.

6. Appropriate habitat of a native species designated as internationally, nationally, or provincially at risk.

7. Appropriate habitat for a native species determined to be locally uncommon.

8. Areas promoting the conservation of natural heritage and biodiversity that are identified by a recognized conservation organization.

9. Areas of significance identified in a Canadian Heritage Rivers Management Plan or Strategy.

10. Areas of wildlife concentrations such as bat hibernacula, snake hibernacula, heronries, sites of unusual floral abundance or diversity, or sites important for migratory birds or other species for seasonal staging, feeding, breeding, or like purposes.

11. Areas that have potential for enhanced ecological values through restoration, remediation, or management.

12. Areas being used for, or with the potential to be used for, scientific study, baseline or benchmark monitoring, or biodiversity.

13. Areas being used for, or with the potential to be used for, biological or natural-history education.

14. Areas considered by a recognized conservation organization to be representative examples of Prince Edward Island's woodland, bog, salt marsh, sand dune, pond, river riparian zone, offshore island, or other wildlife habitat or landscapes.

15. Areas that contribute to Canada's environmental heritage through the maintenance of the genetic diversity of species, ecosystem health. or landscape biodiversity, and other natural spaces of significance to the environment in which they are located.

16. Ecologically sensitive lands, subject to further definition by the Government of Prince Edward Island, may include, but are not exclusive to:

• areas identified, designated, or protected by a local, provincial, territorial, national, or international system or body as ecologically significant or important;

• natural spaces of significance to the environment in which they are located;

• areas that have significant current, or potential for, enhanced ecological values as a result of their geographic proximity to other significant properties;

• areas, whether urban or rural, that are zoned for conservation purposes such as "green space" but excluding those zoned for such exclusive land uses as agricultural production;

• natural buffers around environmentally sensitive areas such as water bodies, beaches, streams, or wetlands; and

• areas that contribute to the maintenance of biodiversity or Canada's environmental heritage.