Thank you for the…

Thank you for the opportunity to comment on the proposed interim changes to the Endangered Species Act, 2007 and a proposal for the Species Conservation Act, 2025. Working out of London, ON, Thames Talbot Land Trust (TTLT) is a registered charity (CRA# 867457475 RR0001) with a mission to protect, conserve, and restore nature within Elgin, Middlesex, Oxford and Perth counties, contributing to a stable climate, human wellbeing, and healthy habitats for all species. We currently protect over 900 hectares (2,300 acres) of land that include wetlands, forests, grasslands and working farms. Together these lands provide ecosystems services for local communities such as water filtration, flood reduction, carbon sequestration, improvements in air quality, pollination of food crops and recreational opportunities. The variety of habitats are home to a diverse group of plants and animals, including 72 species-at-risk. TTLT’s nature reserves have been submitted to be recognized as Protected Areas and counted towards Canada’s goal of protecting 30% of terrestrial lands by 2030.

Ontario needs nature

Natural areas, besides being home to numerous species, also provide ecosystem services to human communities, such as clean air and water, recreation, and the benefits of nature to human health and well-being. Healthy ecosystems benefit all species – including humans – and are a cost-effective way to support sustainable and livable communities, protect the environment, and advance economic development. Declining species that are listed as species at risk are an indicator of changes to the ecosystems that support the well being of wildlife and the people of Ontario. Habitat loss, reduction in access to greenspace, degraded water quality, increased flood risk, all these factors are closely connected, and contribute to both species loss and a declining quality of life.

Nature underpins Ontario’s reputation as a top destination in which to live, work and invest. We applaud the Ontario government’s investments in protected areas and park expansion projects as these highlight the value of nature to the Ontario economy and to the people of Ontario. We likewise have been working hard to protect natural spaces and provide access to nature for local communities. This work includes protecting the homes of many of Ontario’s Species at Risk.

This proposal includes changes to the definition of habitat with a focus on immediate dwelling places and critical root zones, potentially excluding surrounding areas essential for foraging, dispersal, and other life processes. This narrower definition might fail to protect the full extent of the habitat necessary for a species' long-term survival, leading to habitat degradation and loss. There are many species that depend on a mosaic of habitats to complete their life cycle and losing part of that habitat may lead to the loss of that population. The goal of the Endangered Species Act is to protect these vulnerable species, and we feel that is best accomplished by ensuring that all the habitat they need is protected.

The removal of "harass" from the definition of prohibited activities weakens the protection afforded to species. It is well documented that "harassment" can encompass a range of disruptive behaviors that can significantly impact an individual's ability to breed, feed, or survive. Removing this protection could lead to increased disturbance and stress on vulnerable populations, leading to a decline in protection and species survival.

Assessing habitat and activities that might harm species should be determined by scientific studies and experts familiar with the species. While COSSARO's scientific assessments remain, this proposal provides the government the discretion to add or remove species from the protected list. The automatic listing under the current Endangered Species Act has been cited as exemplary and one of the best in Canada. This change in listing introduces the potential for political or economic considerations to override the scientific recommendations that would ensure protection and recovery of species at risk.

Recommendations:

Any changes to the ESA should prioritize science-based decision making to protect the species that contribute to the ecosystem services that are essential for the people of Ontario.

We encourage the Government of Ontario to define species habitat more broadly or implement the definitions broadly to include all habitat areas critical for the full lifecycle of all species, to ensure that activities which occur outside of core habitat do not result in unintentional death or harm.

We encourage the Government of Ontario to define prohibited activities by their potential to cause direct or indirect harm to an individual or species community to ensure that activities which occur do not result in unintentional death or harm.

Economic and Social Benefit

Some of the most effective approaches to support conservation include strengthening policy protections for land conservation and species at risk, while supporting expansion of protection of sensitive lands that support the people of Ontario. These lands, and vast areas of so far unprotected lands, provide clean water, access to the health-giving properties of nature, and support the many species that together create thriving landscapes, that are more resilient and able to provide protective properties such as healthy watersheds, cooling effects and flood attenuation. Our work focuses on protecting ecosystems that support species at risk but also provide many benefits to surrounding communities. Land conservation benefits more than just individual species, it also provides economic and social benefits. Species protections should not separate or pitted as counter to social and economic benefits.

We would value involvement of well-respected species scientists in the development of the permitting framework to develop approaches based on best available research to minimize direct and indirect impacts on species at risk. While aiming for efficiency, allowing activities to proceed immediately after registration, before specific regulations are developed and consulted upon, carries significant risk. The effectiveness of species protection will depend entirely on the strength and comprehensiveness of these future regulations.

Recommendation:

When considering economic and social benefit in decision making, we recommend that net gain for species and habitats also be included in this approach, to ensure that a strong commitment to species protection and recovery is not eroded.

Recovery Plans and Documents

Removing the legislative requirement for recovery strategies, management plans, government response statements, and progress reviews could lead to a less structured and potentially less effective approach to species conservation. While flexibility might be gained, the lack of mandated plans and monitoring could result in a decline in conservation efforts and accountability. Many organizations like ours use the recovery strategies to plan actions to benefit and recover species at risk. Without these documents voluntary and required actions will not be clearly defined. Everyone in Ontario is expecting the government to lead and produce the documents that direct actions for each species at risk across the province. Without these documents actions will not be coordinated and possibly ineffective in supporting protection and recovery of species at risk.

We are pleased to see support for a new Species Conservation Program grant program. We have participated in species at risk recovery through Ontario government funding and would be thrilled to do so again. The lands we protect are homes to many species at risk and we often undertake projects to enhance their recovery through habitat restoration, monitoring, removing threats and direct recovery actions like incubating turtle eggs. Our projects and previous funding programs have been linked to recovery actions identified in Ontario government recovery strategies. We rely on these documents to guide our actions and measure our progress. We are unsure how the new Species Conservation Program will be implemented without recovery documents to guide applicant proposals.

Recommendation:

We encourage retaining the requirement for the government to develop recovery products for species in legislation to ensure a single source of authoritative recovery documents and accountability.

The current ESA is grounded in the precautionary principle, taking proactive measures even when full scientific certainty is lacking. We provide our comments to ensure that changes to the legislation for efficiency and flexibility do not erode the protections that species at risk require. Healthy ecosystems are grounded in healthy populations of all of Ontario’s native species, and all Ontario communities benefit from healthy ecosystems. We encourage the Government of Ontario to consider the proposed changes in light of the risk of unintended consequences for ecosystem services and the health of Ontario communities. We need nature now more than ever to ensure a vibrant and healthy future for Ontario.

Sincerely,
Daria Koscinski
Executive Director
Thames Talbot Land Trust