May 9, 2019 Re: ERO #013…

May 9, 2019

Re: ERO #013-5033 10th Year Review of Ontario’s Endangered Species Act:

Proposed Changes

The Quetico Foundation, established in 1954, is dedicated to the protection of wilderness in Ontario, with a particular focus on Quetico Provincal Park. Biodiversity and the protection of species at risk and their habitats, are of critical importance in maintaining healthy ecosystems across the province’s wilderness and other natural areas. Ontario’s Endangered Species Act is a key element in maintaining the province’s biodiversity and protecting its species at risk.

Comment on Proposed Changes to the ESA

We are dismayed by, and state our strong opposition to, the proposed changes to the Endangered Species Act outlined in the ERO posting. These changes do not address the deficiencies in the current act that the Quetico Foundation and numerous other environmental organizations discussed in submissions to the previous stage of the 10th year review process in March 2019. Instead, the proposed changes are clearly meant to permit unfettered development on the part of industry and municipalities by eliminating or downgrading the limited existing protections that are currently afforded to species at risk and their habitats.

We object to all of the following proposals, each of which will weaken the act, increase the threats to species at risk and their habitats, and reduce the chances of recovery:

1. Changing the composition of the COSSARO so that it is no longer scientifically based, by adding members with “community knowledge”.

2. Changing the basis of species classification from the status of a species in Ontario to its status in its overall range. This may result in the extirpation from Ontario of many species with a northern limit to their range in Ontario.

3. Allowing municipalities or other infrastructure developers under certain circumstances the option to pay into a fund in lieu of protecting species at risk and their habitats.

4. Quadrupling the time when listing of a species is to occur following submission of a COSSARO assessment (from 3 to 12 months).

5. Removing automatic protection for species at the time they are listed.

6. Increasing Minister’s discretion in a number of areas. For example:
(a) Minister can delay protection for up to 3 years for newly-listed species if protection will likely have “significant social or economic implications”.
(b) Minister can require COSSARO to reconsider the classification of a species. During the re-assessment the species would not be listed, delaying protection.
(c) Minister can prescribe activities by regulation, to allow them to be carried out without requiring any additional authorizations under the ESA.

7. Removing the mandatory legislative requirement and timeline to develop a habitat regulation proposal for each newly-listed threatened or endangered species.

8. Extending timelines for Government Response Statements, and Reviews of Progress towards protection and recovery.

9. Providing a new transition provision for existing Endangered Species Act permit- and agreement-holders to continue to operate (i.e. to ignore the provisions of the act) for twelve months following the application of new species or habitat protections.

Biodiversity and numerous species are currently under grave threat globally (United Nations, Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, 2019, Nature’s Dangerous Decline ‘Unprecedented’: Species Extinction Rates ‘Accelerating’) and in Ontario (Environmental Commissioner for Ontario, 2018, Special Report, Laying Siege to the Last Line of Defence: A Review of Ontario’s Weakened Protections for Species at Risk). It is critical that the Ontario government play a meaningful role in addressing these issues. The province’s Endangered Species Act must reflect the gravity of the situation.

We ask that the proposed changes to the act be withdrawn, and a meaningful process be undertaken to consult with the scientific community on how best to revise the Endangered Species Act to improve, rather than downgrade, protection for species at risk. In particular, the following changes which are based on our submission of March 2019, and which are similar to recommendations made by many other environmental groups, should be implemented.

Quetico Foundation Recommendation for Changes to the ESA:

(1) Exemptions for forestry, hydro, mining and other industries that were put in place in 2013 must be eliminated, as they are a major threat to the recovery of species at risk and are inconsistent with the aims of the act to protect and restore endangered species and their habitat.

(2) The current science-based nature of the COSSARO listing process must be maintained, and must not be replaced by a process that includes non-scientific or political input (e.g., ministerial discretion).

(3) In order that protection for species at risk be put in place in a timely fashion, the COSSARO review and listing process should not be lengthened.

(4) As the timelines for development of Recovery Strategies and Government Response documents are critical to the recovery of a species at risk, these timelines should not be lengthened. Currently, these documents are often late, and more resources must be made available to meet the deadlines.

(5) As it is important to closely track the success or failure of a recovery effort over time, the current 5-year Review of Progress schedule should be maintained.

(6) Mandatory protection of habitat for threatened and endangered species must be maintained. Habitat protection must not be an arbitrary political decision (e.g., ministerial discretion).

(7) The current requirements of overall benefits for species at risk must be maintained, and developers must not be permitted to evade their societal responsibilities by paying compensation for harming species at risk or their habitats.

(8) General habitat descriptions only deal with the area currently inhabited by a species, whereas habitat regulations can include areas that were formerly occupied or where there is potential for the species to become re-established. Therefore, it is especially important to develop habitat regulations for species with a limited range or that need to expand their range to ensure their long-term survival.

(9) Strategies must be developed and resources allocated to address the currently inadequate implementation of the provisions of the ESA, to ensure adequate compliance monitoring and enforcement, and to increase public consultations.

Sincerely,

Fraser Reeves
Executive Director, Quetico Foundation