Thank you for the…

Thank you for the opportunity to provide comments on the Proposed Legislative and Regulatory Amendments to enable the Species Conservation Act, 2025. Town staff offer the following comments to the Province to gain clarity on how the changes may affect the implementation of Town policy, particularly around natural heritage.

Town staff recommend the province release the full regulation and legislation for comments prior to enacting the regulation and legislation.

Noting that the Province anticipates increasing compliance enforcement, it is recommended that the Province develop species specific and/or project-specific best management guidelines for proponents to follow to ensure compliance with legislation. This will help ensure that Town projects comply with Provincial requirements.

Given the proposed changes to stewardship funding frameworks guidance should be provided on species and applicant eligibility, including whether municipalities are eligible for the voluntary funding.

As the Province implements the new regulatory framework under the Species Conservation Act, improved accessibility to data related to outcomes should be a priority, including:

Annual, dated list updates with decision information on additions and removals to and from the Protected Species List.

A complete species of conservation concern status list posted on the Ministry website and/or on the COSSARO website.

It is difficult to provide fulsome comments without seeing the full draft regulations that will be implemented under this Act. For instance, is it unclear if the proposed Permit regulation would be an updated version of what is currently used under the Endangered Species Act (ESA), or an entirely different approach. The ESA regulation for permits currently uses overall benefit, protection or recovery, health or safety, social or economic benefit, and Aboriginal community permits as categories. A new regulatory approach that deviates from this could present implementation challenges.

The ability for proponents to move forward with existing permits, agreements and registrations granted under the ESA is supported. However, the option to cancel these and pursue new permits, agreements and registrations under the Species Conservation Act should require some justification, and where possible, be avoided. At minimum, canceling permits, agreements and registrations granted under the ESA in order to pursue new permits, agreements and registrations under the Species Conservation Act should demonstrate either no change in the impact of the activity on protected species, or where possible demonstrate a benefit.

The proposed exemption of regulation from Part 2 of the Environmental Bill of Rights reduces environmental accountability to the public for SCA permits and orders. If it is intended that riskier or more impactful activates will be subject to this regulation there may be long-term unintended consequences of limiting public consultation. A key aspect of species recovery is awareness and education; eliminating public consultation on higher-risk activities reduces awareness and erodes an inherent sense of responsibility around sustainable use of natural resources. Proposals that would implement innovative and new techniques or technologies should also be posted for information purposes. The stated purpose of the species protection legislation is to drive species protection and conservation while balancing social and economic considerations. At minimum, the following approach to permits and registrations under the SCA should consider the following:

Public notice by way of ERO postings providing summaries and affixed conditions for higher-risk permits.

Commenting rights should also be upheld for such postings. This would ensure meaningful consultation that is not limited to persons with direct interest.

An annual report, provided by the Ministry, with details of all permits and orders activities issued.