Comment for: Proposed…

Comment for: Proposed interim changes to the Endangered Species Act, 2007 and a
proposal for the Species Conservation Act, 2025 (ERO Number 025-0380)
https://ero.ontario.ca/notice/025-0380

I am writing to express that I strongly object to Ontario’s proposed interim amendments to the
Endangered Species Act, 2007 (ESA), and the proposal for the new Species Conservation Act,
2025. This proposal demonstrates the government of Ontario is not committed to species conservation.

Overall, I am deeply concerned by the following proposal details:
1. Species Classification and Listing: Removal of the mandatory listing of species at risk and addition of Ministerial discretion on which assessed species will be included on the official list of protected species. This moves away from making unbiased decisions based on the best available science, with processes that favour the preferences of those with the most resources and influence.
2. Redefining Protections: Reducing protected habitat to a “dwelling place” only and removing the prohibition on “harassing” protected species. This demonstrates either a lack of understanding of, or a disregard for, Ontario’s diverse species and how they rely on different habitats to carry out critical life processes, and whose survival is influenced by indirect threats. Species need more than a home, they also need sources of food and water year-round in order to survive, and seasonal habitat for mating.
3. Recovery Plans and Documents: Removal of the requirement to develop recovery strategies, management plans, response statements, and species progress reports. Collectively, this eliminates important planning and accountability frameworks and will result in even less consistency and clarity for proponents with respect to developing species protection plans.
4. Removal of “Recovery” goals from the Species Conservation Act, 2025: Shifting legislation goals toward maintaining the status quo (i.e., protection only) of species populations, habitat availability and conditions. Maintaining the status quo of degraded habitat and endangered species is not acceptable during a biodiversity crisis when species are at high risk of extinction.

With the public comment period closing May 17 and Bill 5 advancing to the Standing Committee on the Interior shortly thereafter on May 22, I seriously question Ontario’s ability to fully review and consider public input. This represents a clear disregard for our public participation rights legislated under the Environmental Bill of Rights, 1993. This is highly undemocratic and a move towards emulating the current approach by the US government.

I recognize there is a need to ensure that authorizations under the Endangered Species Act, 2007 do not substantially interfere with critical economic development progress in Ontario. There are issues in the
administration of the Act, not the legislation itself, due to the government significantly reducing the number of staff responsible for administering authorizations. Repealing the ESA is not an appropriate response to this, and Ontario needs to be accountable for addressing this in a way that balances progress on critical economic development projects with the continued protection of Ontario’s unique
biodiversity.