ERO025-380 Comment: The…

ERO025-380 Comment: The Honour System for species and habitat conservation in Ontario

The Ontario government has expressed their desire to hasten development in the province. The regulations set forward in ERO025-380 lay out that expedited development will be at the expense of Ontario’s endangered species and critical habitat.

When a proponent plans construction on a site that could have endangered species and critical habitat, all the developer has to do is complete an online registration, and then they can commence preparing the build site. Since Ministry oversight is to be eliminated, regarding Ontario species regulations, it appears that the new regulations will work on the honour system. Since harassing species will no longer be prohibited, the developer can chase off the land any pesky endangered species on the property before they are noticed. The new definition for dens/nesting sites stipulates that the site must be “habitually” used. Tough luck for any species that has just set up a nesting spot for the first time, that would not fit the definition of a habitual site.

The track record from previous changes to the ESA by the Ontario government has been poor. They admit in the details of this ERO that the SCAA spent years getting set up, but never fulfilled their mandate to fund any conservation. The penalties/contractor payments made to the “pay to slay” program were wasted on bureaucratic salaries and overhead. This represents a failure to protect species and habitat. Any remaining funds from the old program will be redirected into the government revenue. I find it dubious that the proposed new Species Conservation Program, which states it could fund “voluntary” initiatives for conservation, will see any actual spending for species conservation. And the government is granting itself, at its sole discretion, power to remove any species it chooses from the Endangered Species List. (tough luck for any “inconvenient” species or habitat in the way of a big development project)

The office of the Ontario Environmental Commissioner was terminated in 2019 by this government, presumably to avoid dissenting opinions to these types of changes. What is missing is an ombudsman beyond government to scrutinize changes to our environmental laws and identify flaws, weaknesses and actual harm. Without that office, average citizens of Ontario have no say in what damages they will have to witness and be powerless to stop.

I am opposed to the further weakening and ultimate removal of the ESA as outlined in ERO025-380. I am opposed to the removal of “harassment” from the prohibitions in the habitat definition. I am opposed to requiring only an online registration to develop a site, relying on the good will of developers not to harm/kill species that are inconveniently in the way. I am opposed to the removal of government oversite. I am asking Ontario to direct the funds collected from the previous “pay to slay” program of the SCAA to immediately fund current habitat initiatives, and not waste further taxpayer money setting up the new Species Conservation Program.

While not mentioned in this ERO, I am asking for the return of the Office of the Environmental Commissioner of Ontario.