To Whom It May Concern, I am…

To Whom It May Concern,

I am writing in response to ERO Proposal 019-8240 to express my strong opposition to the proposed repeal of the Endangered Species Act, 2007 (ESA) and its replacement with the Species Conservation Act, 2025 (SCA). These changes, including the interim ESA amendments, represent a significant weakening of Ontario’s legal framework for protecting species at risk and their habitats.

1. Narrowed Habitat Definition
The proposed changes redefine “habitat” in a way that limits protection to only the immediate dwelling places and critical areas used for breeding, hibernating, or rearing. This excludes migratory corridors, foraging grounds, overwintering habitat, and future suitable areas. While presented as a move toward clarity, this framing removes protections essential to long-term recovery and resilience, especially under climate change pressures.

2. Elimination of Recovery Strategy Requirements
Removing the legal requirement for recovery strategies, government response statements, and progress reviews allows the government to opt out of recovery planning altogether. While scientific assessment through COSSARO continues, its influence on actual conservation actions is greatly diminished. Conservation science and Indigenous knowledge must guide species recovery, not be reduced to optional policy tools.

3. Discretionary Listing and De-Listing of Species
Giving Cabinet discretion to determine whether COSSARO-assessed species are added or removed from the Protected Species in Ontario List undermines the independent, science-based classification process. This introduces a political filter into a process that should remain guided by objective ecological criteria.

4. Shift to a Registration-First Model With No Review
Under the proposed SCA, almost all species-related authorizations would be replaced with a registration model. Proponents would no longer require prior review or approval, and harmful activities could begin immediately upon registration. This removes any proactive role for the Ministry in preventing harm and shifts the burden to post-activity enforcement, if violations are discovered. This is a fundamental shift from precautionary to reactive conservation.

5. Weakening of Core Protections
The removal of “harass” from species protections is deeply concerning, as it limits enforcement tools for early-stage disturbance. The proposal to exempt migratory birds and aquatic species protected under federal law means they will have no additional safeguards under Ontario law, creating a patchwork regime and potential enforcement gaps.

6. Elimination of Oversight Bodies
The wind-down of the Species at Risk Program Advisory Committee and the Species Conservation Action Agency eliminates independent oversight and public accountability mechanisms. The replacement “Species Conservation Program” focuses heavily on voluntary measures and lacks the rigor and transparency of legislated obligations.

7. Broader Deregulatory Context
This proposal is part of a broader legislative effort, including Bill 5’s Special Economic Zones framework, that systematically removes environmental protections in the name of accelerating development. The repeal of the ESA appears designed to reduce regulatory barriers for high-impact industries, not to improve conservation outcomes.

8. Undermining Climate and Biodiversity Goals
Ontario is facing a biodiversity crisis. Replacing enforceable legal protections with a flexible, development-first framework sends the wrong signal at the worst possible time. Strong environmental laws are not obstacles, they are foundations for sustainable growth.

Recommendation
I urge the Ministry to withdraw this proposal. Instead of repealing the ESA, the government should invest in strengthening science-based recovery efforts, fully implement the existing Act, and build trust through transparent consultation with the public and Indigenous communities. Sustainable economic growth must be pursued alongside, not in opposition to, species protection.

Thank you for considering this submission.