Thank you for the…

Thank you for the opportunity to provide comments on the proposed changes to the Endangered Species Act, 2007 and a proposal for the Species Conservation Act, 2025. Town staff understand that due to current economic challenges, including those pertaining to international trade, it is important that the Province of Ontario strives toward continuing to balance economic objectives with ensuring that future generations have a healthy environment. Town staff offer the following comments to the Province to gain clarity on how the changes may affect the implementation of Town policy, particularly around natural heritage. The Town of Halton Hills Strategic Plan recognizes and values the importance of biodiversity and includes protecting and enhancing biodiversity as part of one of four strategic objectives.

Considering the proposed changes to the Species at Risk permitting process, Town staff look forward to reviewing proposals for future regulations which will outline the associated requirements for registering activities.

Due to the limited timelines provided to review the proposed legislative changes, the comments provided are to be considered preliminary. Further comments may be provided once staff has an opportunity to complete their review and report to Council. In the future, providing a longer comment period would be helpful for municipalities to provide meaningful comments on ERO postings of this nature. For instance, a 60-day period would be beneficial where the ERO posting review requires coordination between multiple departments. Longer comment periods also allow for municipal staff to bring the proposals to their Councils for review and consideration before comments are due. This also gives municipal staff the opportunity to provide comments which are endorsed by Council, and considered final.

The comments below are based on the need for clarification on how the changes proposed in Bill 5 might affect natural heritage planning and future capital projects.

Municipal Policies

Due to amendments made to the Planning Act through the passing of Bill 185 the Town is responsible for implementing the Region of Halton Official Plan (ROPA49), which includes several policies guiding land use within and adjacent to the habitat of endangered and threatened species, which is a component of the Regional Natural Heritage System (NHS). The Town of Halton Hills Official Plan also includes provisions for land use changes that may affect endangered and threatened species and their habitats (including B.1.2.5, B1.3.1.1 and C.2.2).

Policy / Official Plan

1. Component of the Natural Heritage System: In line with the Provincial Planning Statement (2024) section 4.1, the Regional Official Plan section 115.2(3) and 115.3(1) contemplates that the habitat of endangered and threatened species is considered a key component of the Natural Heritage System, which is identified in the Town according to Provincial Planning Statement 4.1.3. The Province should confirm any implications of these changes on the interpretation of the natural heritage policies of the Provincial Planning Statement.

2. Prohibition of development: In accordance with section 4.1.7 of the Provincial Planning Statement (2024) and the Regional Official Plan (ROP) section 118(2)(a), the Town does not support applications for site alteration or development within significant habitat of endangered or threatened species, unless in accordance with Provincial and federal requirements. Noting the Provincial recommendation to avoid duplication in regulations, it is recommended that the Province clarify which agency and department the Town will now refer applicants to for direction around migratory birds and aquatic species.

3. Species occurrence mapping: In accordance with section 4.1.8 of the PPS (2024),lands adjacent to the NHS may be subject to further study, including lands adjacent to species at risk habitat. The Province should confirm that species occurrence databases and range mapping will continue to be managed and made available for public agencies and proponents of development.

4. Mitigations: Section 118(3) of the ROP includes that an environmental study will outline any requirements for mitigating impacts to endangered and threatened species. The

Province should clarify from whom and how applicants will be informed on best management practices and current mitigations to ensure policy conformance is demonstrated.

5. Survey Methodology: An environmental study is required to support planning applications at the Town if certain criteria are met (ROP 118.3.1) and can be requested to support refinements to the Towns NHS designations or zoning maps through ROP116.1. The Province should confirm responsibility for maintaining and updating survey methodology for species at risk to ensure that policy related to the identification and assessment of the NHS can be completed according to the most up to date science informed survey methodology available. Having standard methodologies will improve consistency and help streamline both data collection and study, as well as the review of those studies.

General

6. Noting that the Province anticipates increasing compliance enforcement, It is recommended that the Province develop species specific and/or project-specific best management guidelines for proponents to follow to ensure compliance with legislation. This will help ensure that Town projects comply with Provincial requirements.

7. Given the proposed changes to stewardship funding frameworks the Province should confirm if the local government agencies including the Town will remain eligible for stewardship funding to enhance endangered and threatened species habitat in line with ROP 118(4) and 114.1(12) .