I cannot support the…

I cannot support the proposal due to the following concerns:

1) Wetland complexes no longer to be recognized or considered. The OWES is the official procedure to identify PSWs and determine their boundaries, based on a scoring system that takes into account biological, social, hydrological and special features. Identifying wetland complexes has been integral to the evaluation and scoring process, based on the understanding that many wetlands are interconnected with complementary biological, social and/or hydrological functions that contribute to the health and significance of the whole (i.e., the complex). Dividing complexes up into individual units for assessment “would not be an ecologically or functionally sound process.” MNRF is proposing to no longer consider wetland complexes as part of the OWES. Yet, wetland complexes have been a major factor in designating wetlands – especially smaller ones – as PSWs. If MNRF proceeds with the proposed changes, very few new PSWs will be designated in the future and many existing PSWs will lose that designation and the protection it affords.

2) Endangered and threatened species no longer to be recognized. MNRF is proposing to no longer recognize the presence of endangered or threatened species in the OWES process, a criterion which is a key factor in determining provincial significance. Currently, the presence of endangered or threatened species automatically qualifies the wetland as provincially significant. But with the proposed changes, species at risk will be considered only as “provincially tracked species,” worth far less in the evaluation. This major change would affect the scoring of most wetlands in Ontario, leaving many of them, and the significant species that rely on them, vulnerable to development.

3) Provincial government oversight and coordination to be removed. MNRF is proposing to remove itself from any involvement in Ontario’s wetland evaluation process, despite the deep and valuable expertise of ministry staff who have overseen the process for decades. No central agency is being assigned to coordinate or approve evaluations or to ensure that information about PSW designation is publicly accessible. Consultation with MNRF will no longer be an option. It appears that approval authority will be downloaded to municipalities, many of which have little expertise and would no longer be able to consult with conservation authorities (due to proposed Bill 23 amendments to the Conservation Authorities Act). Instead, the onus would be on the wetland evaluator (working in most cases for the development proponent) to inform the municipality and landowners in writing about the outcome of the evaluation or re-evaluation. MNRF would 1) be unaware of wetland evaluations and outcomes; 2) no longer ensure wetland evaluations were accessible to the public through Land Information Ontario; and 3) have no authority to intervene on behalf of the public regarding an evaluation of questionable merit.

4) Timing of proposed changes. The proposed changes to the OWES are going forward at the same time as Bill 23 and other proposed law and policy amendments that will negatively impact wetland conservation in Ontario. The broad scope of the proposals and the speed with which they are being pushed forward mean that public’s ability to comprehend and respond is severely compromised.

5) Inaccurate and misleading analysis of the regulatory impact on the EROMNRF’s description of the anticipated impacts of the OWES overhaul is misleading and far from comprehensive. It mentions only the impacts on business which the ministry anticipates will be positive or neutral. It says nothing whatsoever about the significant negative environmental, social or economic impacts related to wetland loss that would arise from the changes to the OWES system. It would appear either that MNRF has given no thought to these impacts or that it simply does not care.
Ontario’s wetlands play a critical role in sustaining healthy communities, enhancing climate change resilience and conserving biodiversity. Together, we must do our utmost to ensure that MNRF does not proceed with the proposed overhaul of the OWES.