Re: ERO #013-5033 Proposed…

Re: ERO #013-5033 Proposed Changes to Endangered Species Act

I am strongly opposed to the changes to the Endangered Species Act, 2007 (ESA) that are being proposed in this ERO posting and in Schedule 5 of Bill 108. These changes threaten the survival and recovery of Ontario’s many species at risk. They do not reflect the knowledge of scientists with expertise on species at risk or the traditional knowledge of First Nations. I ask that Schedule 5 be removed from Bill 108, and that changes to the ESA that truly protect species at risk and their habitats be developed in consultation with the scientific community and First Nations.

I oppose all of the following proposed changes:

Assessment and listing of species at risk

(a) To change the composition of COSSARO to include members without scientific qualifications or First Nations’ traditional knowledge. This will destroy the credibility of the assessment process.

(b) To assess species based on their status across their overall range, rather than their status in Ontario. This will remove protection from many species at risk which reach the northern limit of their range in Ontario.

(c) To delay listing of species for a year following COSSARO assessment and to allow greater Ministerial discretion to challenge COSSARO assessments. This will leave species at risk without protection for an extended period of time and, hence, greatly threaten their survival and recovery.

Protection for species at risk and their habitats

(a) To remove the current automatic protections when species are listed, and to permit the Minister to suspend protections for newly-listed species at risk and their habitats for up to three years in some circumstances (such as having significant social or economic implications). If species are determined to be at risk, it is critical that protections be put in place as soon as possible. The Minister should not be permitted to suspend those protections.

(b) To allow the Minister to limit protection of species and their habitats to specific geographies or specific circumstances. This will greatly limit the ability of a species to recover.

Recovery policies for species at risk

(a) To allow Ministerial discretion in extending timelines for Government Response Statements and review of progress towards protection and recovery of a species. These documents are important for ensuring that species protections are put in place and are effective. Currently, they are often delayed, and even further delay will negatively affect species recovery.

(b) To remove the requirement that postings be made under the Environmental Bill of Rights, 1993. If the posting are no longer available on the ERO website, public input on species at risk issues may be limited.

Permits, agreements and regulatory exemptions

(a) To allow municipalities or other infrastructure developers the option to pay a charge instead of carrying out activities required by the ESA. This change is meant to permit developers to ignore the needs of species at risk. It will clearly result in the destruction of species at risk and their habitats, not in their protection.

(b) To remove the requirement that the Minister consult with an independent expert before issuing permits for activities harmful to species at risk, or when preparing exemption regulations that jeopardize the survival of a species. The Minister does not have the scientific knowledge to make these decisions that may harm or jeopardize the survival of species at risk. It is critical that he/she seek expert advice in these matters.

Schedule 5 must be removed from Bill 108.