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10th Year Review of Ontario’s Endangered Species Act (ESA): Proposed changes

By North Dufferin Agricultural and Community Taskforce (NDACT)
May 12, 2019

We, the people behind Food & Water First, learned first hand the need to protect farmland and source water from short-term thinking.

The Food & Water First campaign was born of the Stop the Mega Quarry movement near Shelburne. Eight (8) years ago a proposal was made to dig a 2,400-acre quarry 200 feet deep on prime vegetable land. Farmers, First Nations, locals, weekenders, Chefs, artists, musicians, and anyone who could see the importance of Ontario’s food and water security came together to protect the land. In October 2011, “Foodstock” attracted 28,000 people to Melancthon Township, just north of Shelburne. In 2012, 40,000 people joined us in downtown Toronto for “Soupstock”. The furor was so great that the quarry proposal was withdrawn in November 2012.

Today NDACT’s mandate through the Food & Water First campaign is to protect our food land and clean water sources for future generations by promoting good legislation and land-use planning.

To that end, North Dufferin Agricultural and Community Taskforce (NDACT) must speak out against the regressive changes proposed for the Endangered Species Act, R.S.O. 2007 (ESA):
• NDACT concurs with Environmental Defence, Ontario Nature, and the David Suzuki Foundation in their critique of the proposed changes.
• NDACT acknowledges that Ontario’s Endangered Species Act is world-class legislation being one of the most comprehensive endangered species laws in the world.
• NDACT observes that the proposed changes would undermine the intent of the Endangered Species Act.
• NDACT is concerned that the proposed changes would open our government to inconsistency and corruption by introducing “pay-to-delay/pay-to-slay” policies.

“Pay-to-Delay/Pay-to-Slay”

The Government of Ontario is proposing changes to the Endangered Species Act (ESA) that would give the Minister of the Environment, Conservation and Parks sweeping powers. Under the proposed amended legislation, the Minister would be able to:
• Question the classification of species as presented by the Committee on the Status of Species at Risk in Ontario (COSSARO).
• Delay the listing of species on the Species at Risk in Ontario (SARO) List up to 9 months, and possibly until January of the following year.
• Influence COSSARO through broader member qualifications beyond scientific expertise and aboriginal traditional knowledge.
• Provide inconsistent species protections at the Minister’s discretion rather than automatic protections upon listing.
• Temporarily suspend species and habitat protections for up to 3 years for some newly-listed species upon subjective criteria.
• Scope species protections based on specific geographies or circumstances.
• Make species-specific habitat regulations.
• Extend and delay the 9-month Government Response Statement.
• Ignore Government Response Statements as “advice to government” and “policy direction” rather than make a firm legal commitment.
• Extend and delay the review of progress towards species protection and recovery.
• Influence the board of the Species at Risk Conservation Trust, a new agency proposed to allow municipalities or other infrastructure developers to pay a charge in lieu of completing activities required by the ESA.
• Influence and approve funding directed by the trust.
• Assume the role/avoid the oversight of the Lieutenant Governor in Council regarding endangered species.
• Avoid the requirement to consult with experts.
• Revoke existing protections.
• Designate enforcement officers.

In summary, the proposed changes would reduce, delay, weaken, over-rule, by-pass and provide less enforcement of the Endangered Species Act.

Conclusion

NDACT objects to the proposed changes to the Endangered Species Act, 2007 that open the law to arbitrary and subjective decision-making by the Minister. With the average term of office of the Minister being less than two (2) years, decisions by the Minister are likely to become inconsistent and appear capricious based on political climate resulting in unfair application. The Minister holds a politically engaged position and thus could be influenced by the political climate especially regarding election funding.

Today it is too easy to wipe out decades of decision-making at the stroke of a pen. NDACT asks the Government of Ontario to consider First Nations’ seventh generation principle and look beyond the narrow view of today’s “open for business” economy.

NDACT would also like to acknowledge the Environmental Bill of Rights, 1993, and the importance of keeping decision-making transparent and accountable through the Environmental Registry.

Today’s decisions are our legacy for future generations.

About NDACT

North Dufferin Agricultural and Community Taskforce (NDACT) is a grassroots group formed in 2009 by local farmers and residents to defend Melancthon’s prime farmland at the headwaters of five (5) rivers from a proposed mega-quarry. After a successful campaign, NDACT continues to fight for farmland and source water by developing awareness, encouraging people power, and by promoting better legislation for today and for the future. Food & Water First is a campaign of NDACT.

#ProtectPrimeFarmland #ProtectOurWater #ProtectOurGreenbelt
#FoodAndWaterFirst

(ero.ontario.ca/notice/013-5033)