Summary of Concern: The…

Summary of Concern: The government’s proposal to develop guidance on section 16 activities (see below) under the Species Conservation Act will not fulfill the purpose of the Act “to provide for the protection and conservation of species while taking into account social and economic considerations, including the need for sustainable economic growth in Ontario”. Without a robust, evidence-based approach to defining habitat under the SCA, any guidelines developed will not be sufficient for assessing whether an activity is likely to have an impact to a protected species or species’ habitat.

Section 16 Activities Defined: Section 16 of Ontario's Species Conservation Act, 2025, defines "section 16 activities" as actions that kill, harm, or take protected species, or damage their habitat, and also includes the possession, sale, or trade of protected species or their parts. These activities are now classified under a two-tiered framework requiring either registration or a permit, replacing the previous prohibition system.

Key Messages: We need to impress upon the government that the approach to defining habitat that existed under the ESA was robust, and evidence-based, criteria which must continue to be used. Before any guidelines for section 16 activities can be developed for assessing the impact of activities on a protected species or species’ habitat under the SCA, the definition of habitat under the Act must be revisited.