Comment
I strongly oppose these amendments for the following reasons:
1. The legislation subordinates species protection to economic development. The core purpose of the new Act is weakened by explicitly stating that conservation measures must be provided "while taking into account social and economic considerations, including the need for sustainable economic growth in Ontario". This amendment embeds economic priorities as a mandatory counterweight to the primary goal of species survival, potentially allowing conservation requirements to be overruled by development interests. This replaces the previous framework focused solely on species recovery.
2. Scientific findings are subjected to political veto, removing mandatory protection. Under the previous Act, there was a mechanism requiring the province to act upon scientific advice. The new legislation, however, makes listing species "no longer mandatory but at the discretion of the Lieutenant Governor in Council". This change means that species scientifically classified by COSSARO as extirpated, endangered, or threatened may not be added to the Protected Species in Ontario List, effectively allowing political decisions to override independent scientific assessments regarding critical conservation needs.
3. The legal definition of "habitat" is narrowed, compromising species recovery potential. The definition of "habitat" in the SCA explicitly states, "the definition of 'habitat'... does not include an area where the species formerly occurred or has the potential to be reintroduced" unless existing members depend on that area. This severely limits the scope of protected habitat by excluding areas vital for range expansion, future restoration projects, and connectivity, thereby hamstringing long-term conservation and recovery goals.
4. The legislation eliminates mandatory recovery planning documents. The Bill repeals the mandatory requirement for the government to create "government response statements" and "management plans". These documents provided public commitments and accountability timelines for the overall recovery of species across the province. Their removal signals a shift away from strategic, long-term government-led recovery towards decentralized, site-specific mitigation strategies dependent on the regulated community.
5. The Act reduces financial and public accountability for environmental harms. The changes remove the regulatory mechanism requiring the payment of a species conservation charge as a condition of exemption and stipulate the cessation of monies being paid into the Fund. This reduces a key source of dedicated conservation funding. Furthermore, the proposals seek to exempt all permits and orders issued under the SCA from the requirements of Part II of the Environmental Bill of Rights (EBR), thereby decreasing public oversight and the requirement for public notification concerning decisions that directly impact protected species and their habitat.
Submitted October 10, 2025 12:58 PM
Comment on
Proposed legislative and regulatory amendments to enable the Species Conservation Act, 2025
ERO number
025-0909
Comment ID
158467
Commenting on behalf of
Comment status