To Whom It May Concern, On…

To Whom It May Concern,

On behalf of the Canadian Society of Landscape Architects (CSLA), I am writing to express our concerns regarding the proposed legislation Bill 5, Protect Ontario by Unleashing Our Economy Act, 2025, which includes the repeal of the Endangered Species Act, 2007 (ESA) and its replacement with the Species Conservation Act, 2025 (SCA).

The CSLA is the national voice of landscape architecture in Canada, representing professionals who plan, design, and steward natural and built environments across the country. While we understand and support the goal of improving regulatory efficiency, the proposed legislation undermines the foundations of biodiversity protection, science-based decision-making, and public accountability, and poses long-term risks to ecological health, climate resilience, and community well-being.

The changes outlined in Bill 5 represent a substantial weakening of Ontario’s environmental protections. The ESA, 2007 has served as a leading model across Canada for science-based, enforceable, and recovery-focused species protection. By contrast, the proposed SCA removes many of the most effective and accountable features of the current legislation. The ESA currently relies on independent expert assessments through the Committee on the Status of Species at Risk in Ontario (COSSARO) to determine which species are at risk. Under the proposed SCA, however, this process would become subject to Cabinet discretion, excluding subject experts and significantly undermining the credibility and transparency of listing decisions.

While the ESA ensures that permits for activities that could harm species or their habitat are only granted when an “overall benefit” can be demonstrated, Bill 5 proposes a registration-based system that removes this critical safeguard, replacing it with self-assessments that prioritize speed over environmental due diligence. Furthermore, by narrowing the definition of “habitat,” the SCA fails to recognize the essential ecological functions of broader ecosystems. This fragmented view of habitat stands in direct conflict with current conservation science and integrated landscape planning approaches.

As professionals who integrate biodiversity, ecological restoration, and climate resilience into public and private projects across Ontario, landscape architects depend on stable regulatory frameworks to support sustainable design. The proposed changes would limit the ability of professionals to incorporate conservation outcomes into infrastructure and public space projects.

We are also deeply concerned by the proposed Special Economic Zones Act, 2025, included as part of Bill 5. This far-reaching legislation would give the provincial government authority to create regulation-free zones anywhere in Ontario and exempt specific projects from the application of any provincial or municipal law, by-law, regulation, or approval process. The proposed legislation includes no limits on the size or location of these zones, nor clear criteria for how projects or proponents would be selected. This raises serious concerns about transparency, accountability, and fairness—particularly given the potential for this authority to override environmental protections, planning frameworks, public consultation processes, and Indigenous rights. Such sweeping powers would undermine the integrity of Ontario’s planning and regulatory systems and open the door to inequitable, politically motivated decision-making.

We also recognize and support the concerns expressed by First Nations regarding Bill 5. Treaty lands must be treated as such, and the constitutional responsibilities to Indigenous Peoples must take precedence over any specific law or regulation. The proposed legislative changes risk undermining these obligations by creating mechanisms that sidestep consultation and diminish environmental oversight on lands where Indigenous rights and stewardship responsibilities remain deeply rooted. The CSLA affirms that meaningful engagement with Indigenous Nations is essential to upholding reconciliation, respecting Treaty rights, and ensuring responsible environmental governance in Ontario.

While we fully support the government's efforts to remove unnecessary barriers to responsible development, we urge the government to amend this legislation to ensure that transparency, environmental safeguards, public accountability and Indigenous rights are upheld. We respectfully urge the Government of Ontario to restore mandatory provisions for recovery planning, habitat protection, and independent, science-based species assessment, and retain a robust and transparent permitting system that ensures harm to species and habitats is avoided or properly offset.

We acknowledge that the government’s intent is to stimulate economic growth and infrastructure development through the Special Economic Zones Act, 2025. The CSLA is eager and prepared to collaborate with the government to support these goals while advancing sustainable growth and biodiversity conservation through responsible design and policy frameworks. Finally, we reiterate the need for full recognition of the constitutional responsibilities to First Nations, including meaningful consultation on all proposed legislation that could affect Treaty lands and Indigenous rights.

Thank you for the opportunity to provide comments on this important issue. The CSLA remains committed to supporting sustainable growth and biodiversity conservation through responsible design and policy frameworks.

Sincerely,

Canadian Society of Landscape Architects (CSLA)