The proposed changes will…

The proposed changes will risk mass habitat loss, unregulated mining, and irreversible damage. Indigenous, Rural, and Northern communities will be hit hardest.

The following points are taken from the Canadian Environmental Law Association (CELA) report, which is attached to this comment as a supporting document.

Undermining the Protective Purpose of the ESA: "Schedule 2 proposes to fundamentally alter the purpose of the ESA by inserting language that now expressly requires decision-makers to consider socio-economic factors when administering the legislation: “To provide for the protection and conservation of species while taking into account social and economic considerations including the need for sustainable economic growth in Ontario (emphasis added).” In CELA’s view, this is a wholly inappropriate and highly objectionable deviation from the current three-part purpose of the ESA that correctly places the sole focus on protecting species at risk and their habitat."

Excessively Narrow Definition of “Habitat”: "Schedule 2 intends to replace the current ESA definition of “habitat” with a more constrained definition that will improperly restrict the interpretation and application of the legislation."

Inappropriate Delegation of Ministerial Powers and Duties: "Schedule 2 proposes to confer the Minister with virtually unfettered discretion to delegate their ESA duties and powers to the Deputy Minister or “any other employee in the Ministry.” To date, Ontario has failed or refused to provide any compelling administrative or environmental justification for the wholesale delegation of Ministerial duties and powers."

Abolition of Automatic Listing of Species at Risk: "section 7 in Schedule 2 abruptly changes the automatic listing process by providing that the provincial Cabinet “may” (or may not) make regulations listing species that are classified by COSSARO as extirpated, endangered, threatened, or special concern species. Moreover, new section 7 expressly leaves it open to Cabinet to “deviate” from COSSARO recommendations."

Inexplicable Omission from the ESA Prohibition: "Aside from creating considerable uncertainty about which species will remain protected under amended ESA, Schedule 2 also proposes to change the current prohibition against taking, killing or harming a living member of a species at risk (section 9)."

Further points are found in the CELA report.