There are key elements in…

There are key elements in this proposal that would weaken environmental protections, sideline science-based decision-making, and marginalize Indigenous rights:

Political discretion over listings

“The government would have discretion to add extirpated, endangered, and threatened species to the list of protected species. The government would also have discretion to remove protected species from the list.”

Allowing Cabinet to override COSSARO’s independent, science-based assessments opens the door to de-listing species for economic or political expediency rather than biological need.

Narrowed habitat definition & removal of “harass”

“We are proposing to remove the concept of ‘harass’ from species protections. Also, the definition of habitat is proposed to be reframed as follows: … for animal species: a dwelling place … and the area immediately surrounding a dwelling place … for vascular plants: the critical root zone … for all other species: an area on which any member … directly depends.”

This ignores ecological best practices that recognize wider migration corridors, seasonal ranges, buffer zones and connectivity, and removes protection against disturbance (e.g., noise, light, trampling) that stresses species even without direct harm.

Abolition of mandatory recovery planning

“The proposed amendments to the ESA would remove the requirements to develop recovery strategies and management plans, government response statements, and reviews of progress from legislation.”

Without legally binding recovery plans or progress reviews, there is no guarantee of accountability, prioritization, or follow-through—contravening the precautionary principle at the heart of modern conservation science.

“Registration-first” approach before review

“…instead of waiting for the ministry to approve permits, most proponents will be able to begin an activity immediately after registering. Registered activities will be required to meet all associated requirements set out in new regulations.”

This effectively allows habitat-destroying or species-harming work to proceed in the field before any oversight or assessment, risking irreversible damage if regulations later prove insufficient.

Stripping provincial protections for aquatic species & migratory birds

“To remove [federal–provincial] duplication, species protections in the proposed Species Conservation Act… would not apply to these SARA protected aquatic species and migratory birds.”

Relying solely on the Species at Risk Act (SARA) shifts these species into a regime that is often slower, under-resourced, and less stringent than existing provincial safeguards.

Wind-down of oversight bodies & advisory committees

“The proposal to amend the ESA would enable the ministry to take the necessary steps to wind-down the [Species Conservation Action Agency]… The proposed framework also removes the express ability to establish an advisory committee. As such, the Species at Risk Program Advisory Committee will also be wound down.”

Eliminating dedicated funding oversight and expert/advisory forums concentrates decision-making power within the Ministry, cuts transparency, and removes formal avenues for public and Indigenous input.

Only a promise of “consultation” with Indigenous communities

“The ministry looks forward to developing these regulations in consultation with the public and Indigenous communities over the coming months.”
Limiting engagement to post-legislative “consultation” falls short of co-management or free, prior and informed consent (FPIC) principles enshrined in UNDRIP and best-practice conservation models that recognize Indigenous stewardship and legal rights.

Bottom line:
By narrowing definitions, removing mandatory planning, shifting to a registration-first regime, and vesting final say in political discretion with only a token commitment to “consultation”, these proposals all but gut the ESA’s science-based safeguards and sideline Indigenous and public oversight, making it far easier for developers to clear land before anyone can stop them.

Please address these issues. Thank you.