Please find our comments…

Please find our comments related to the interim changes to the Endangered Species Act, 2007 (ESA) and the proposed Species Conservation Act, 2005 (SCA) part of the Environmental Registry of Ontario posting 025-0380.

We believe that the proposed changes, specifically the use of a registration-based approach, will provide certainty to the development industry on project timelines, greatly reduce the amount of time it takes to address species at risk requirements while still ensuring that species at risk and important habitat elements are appropriate addressed. We commend the Province for their effort in this regard.

We recognize the importance of protecting Species at Risk in Ontario, however, remain concerned with the existing timelines associated with obtaining permits under the ESA. Compounding this is the associated uncertainty regarding requirements surrounding what constitutes a given species' “habitat”, and the question surrounding how to achieve overall benefit. The discussion that often follows between the Ministry and stakeholders surrounding the requirements results in substantial delays to critical residential and employment developments/communities in Ontario.

The time required to obtain an overall benefit permit under the ESA, from our experience, can often exceed a year, and may even take up to 1.5 years. This places substantial strain on the industry’s ability to deliver the homes and places of employment that the Province is in need of, and has set a high priority to deliver through a number of recent Bills.

The changes to the definition of “habitat” are expected to be beneficial to reduce uncertainty by providing greater clarity and focusing the protection on the important core elements of species at risk habitat, that are necessary for species to thrive.

While improved, we would ask that further consideration be given to clarifying how the proposed definition of habitat for wildlife species will be interpreted. As currently written, there could be different interpretations of what constitutes the “area immediately surrounding a dwelling place”, as well as what constitutes “essential”.

We are encouraged and are supportive of the proposed direction and changes to the SAR protections in Ontario, and we appreciate the Government’s approach to maintaining appropriate protections to species while reducing permitting timelines, uncertainty and complexity. This approach is critical to ensure timely delivery the employment areas and communities the Province and people of Ontario require.

We do have some recommendations for your consideration:

• The types of projects that may continue to require a permit under the SCA should be clearly defined as early in the process as possible, such that development proponents can appropriately plan for when the SCA is proclaimed into force.

• The rules in regulation associated with registration requirements should be very clear on those elements necessary to qualify for registration to minimize the potential for uncertainty and confusion.

• The ERO posting refers indicates that “permits will follow a simplified, streamlined process” under the Interim ESA. We encourage the MECP to focus on enhancing permit application review timelines in this interim period. Clear guidance and expectations should be released by the MECP to project proponents and environmental professionals outlining the proposed permitting process in this interim period so the development industry has clear expectations and can plan appropriately.

• We encourage the government to act quickly to amend the ESA for the interim period and advance the SCA and associated regulations to minimize the transition period duration

Thank you for your attention in this matter.