Endangered Species Act, 2007…

Endangered Species Act, 2007 and Species Conservation Act, 2025 (schedule 2 and 10)
Comments:
As a citizen of Ontario, I am deeply concerned that the proposed repeal of the Endangered Species Act, 2007 and replacement with the proposed Species Conservation Act, 2025 will not provide protection for Species at Risk inhabiting our province and put many species at risk of extirpation or extinction. I urge the government of Ontario to cancel Bill 5.

The government continues to uphold policy, such as in the Provincial Planning Statement (PPS), 2024, that support strategic growth areas that focus on achieving complete communities, a range and mix of housing options, intensification and mixed-use development. The Province also has a policy, the Greenbelt Plan, Oak Ridges Moraine Conservation Plan, and Niagara Escarpment Plan, that restricts development in order to maintain ecosystem health, agricultural land, culturally significant features, and recreational benefits for current and future generations.

Though our Province needs to develop a substantial housing stock quickly, I urge decision makers to align with the PPS, 2024 and instill policy that protects and restores our biological diversity and ecosystem health. If there are species of risk in Ontario that are not sufficiently protected, they are at risk of becoming extirpated or extinct. There are ways to build along strategic growth areas through intensification and continuing to expand upon the public transportation infrastructure the Province is already championing, that will not put species at risk.

Ontario’s natural resources offer ecological functions of great importance to carbon sequestration, flood mitigation, air quality and for people’s health and wellbeing. Ontario’s wetlands are thought to store over 29 billion tons of carbon (Warner and colleagues, 2003, “Carbon Storage in Ontario’s Wetlands”), equivalent to taking every one of Canada’s 24.1 million gas-powered vehicles off the road for 1000 years. The majority is stored in the Hudson Bay Lowland, the second-largest peatland complex globally. These peatlands store the most carbon in the country and take thousands of years to develop. When a wetland is disturbed, it can release large quantities of stored carbon, turning this resource from a carbon sink to a carbon source. 

Ontario supports globally significant biological diversity and is Canada’s most biodiverse province. Ontario has over 250,000 lakes and one third of Canada’s freshwater. With our current legislation, which substantially supports the protection and restoration of species at risk compared to the proposed legislative changes, a significant number of species are already at risk, with 230 species listed. It is alarming to think of what will happen if these species receive drastically less protection. Ontario also serves as a passageway for migratory birds for stopping and resting, particularly at Point Pelee, Long Point, and James Bay. 

Below are concerns with Bill 5’s proposed legislative changes. I urge the government of Ontario to continue to uphold strong endangered species protection for the benefit of current and future generations.

1. Purpose and Goals of proposed Species Conservation Act, 2025:
Concern:
-Removing paragraphs 2 and 3 from the Endangered Species Act, 2007, would remove concerns about habitat loss due to human activities and upholding the precautionary principle.
-The purpose of the proposed Species Conservation Act removes goals of species recovery and stewardship. 

2. Changes to the Definition of Habitat:
Concern:
-The proposed changes in the definition of a habitat in the proposed Species Conservation Act, (2025), offer a narrow definition of habitat that would not adequately support species survival. 

The Endangered Species Act, 2007 defines habitat as, “an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding.” By contrast, the proposed Species Conservation Act, 2025 defines:- animal habitat as “a dwelling place or the area immediately around it, such as a den, nest or other similar place, that is occupied or habitually occupied by one or more members of a species for the purposes of breeding, rearing, staging, wintering or hibernating.” -plant habitat as “the critical root zone surrounding a member of the species”.This new proposed definition of habitat would mean the areas needed for other processes critical to a species survival — like finding food — are no longer protected. 

3.Removal of Requirement of a Recovery Strategy:
Concern:The proposed Species Conservation Act, 2025 would remove the requirement for the government to develop a recovery strategy, management plan, response statement and review of progress to support the restoration and recovery of species at risk.  

4. Delisting of Species at Risk at discretion of Lieutenant Governor in Council, not COSSARO 
Concern:The proposed Species at Risk Act, 2025, would allow the Lieutenant Governor in Council to reclassify or remove species from the species of risk list at their discretion. 
This in contrast to the automatic listing of species under the Endangered Species Act, 2007, from COSSARO’s report, supported by scientific evidence.  

5. Composition of COSSARO based on Minister’s recommendationsConcern:The proposed Species at Risk Act, 2025 would allow the Minister to make recommendations to the Lieutenant Governor in Council to appoint the members of COSSARO.

The Endangered Species Act, 2007, allows the Lieutenant Governor in Council to appoint members of COSSARO, making appointments more arms reach from Cabinet as the Lieutenant Governor in Council is appointed by the Prime Minister with term lengths at Governor General’s discretion.