Re: Request for Permanent…

Re: Request for Permanent Recognition of the CFSA as an Equivalent Process to ESA by Adopting a Section 55 Regulation into the ESA – Response to ERO Number 013-5033

Minister Phillips and Minister Yakabuski,

On behalf of Georgia Pacific, thank you for the opportunity to comment on the 10th Year Review of Ontario’s Endangered Species Act: Proposed changes, ERO number 013-5033. We look forward to continuing to work with your government to modernize and improve the effectiveness of the Endangered Species Act. We are optimistic that this opportunity can result in improved outcomes for species at risk while ensuring Ontario provides the condition to grow our renewable forest sector. However, the vagueness of the proposed changes does not provide necessary business certainty and, if implemented as proposed, would result in increased red tape, delays in operations and create the environment for legal challenges to both government and industry.

The 10th year review of the provincial Endangered Species Act provides government with a rare opportunity to pave the way for Ontario’s future and will have far-reaching social, economic, and environmental impacts for generations to come. The most crucial action the government must take remains a permanent recognition of the Crown Forest Sustainability Act as an equivalent process to the Endangered Species Act through a Section 55. The Crown Forest Sustainability Act - recognized worldwide as a leading piece of legislation for sustainable forest management - already provides landscape, stand, and site-level direction for managing, conserving, and protecting species at risk. Having two Provincial acts attempting to accomplish the same outcome represents the single greatest piece of red tape and duplication to the forest sector.

The proposed changes to the Endangered Species Act indicate that a Section 18 Regulation will be the authorization process for forestry, instead of a Section 55 Regulation. This has the potential to restrict access to wood supply for our company and could have unintended negative consequences to economic development and create significant additional administrative burden to both government and industry. Government must carefully consider how this solution is achieved and what authorization is used.

The former government recognized that the Crown Forest Sustainability Act and the Endangered Species Act cannot be harmonized and provided a temporary solution that was defended and won in court following legal challenges from environmental organizations. We are asking that the Ford Government take the necessary steps to fix this situation by going beyond what the former government attempted and implement a permanent Section 55 Regulation for forestry.

Even with a permanent Section 55 regulation, the forest sector will continue to operate under the Crown Forest Sustainability Act which, by law, requires, forestry operations to follow an approved forest management plan. Guides developed under the Crown Forest Sustainability Act include operational prescriptions and conditions (e.g. reserves, modified operations, and specific conditions on road use and construction) in the area near a species at risk and their habitat. In other words, species at risk and their habitat would be efficiently protected and managed under the Crown Forest Sustainability Act.

In order to avoid socio-economic impacts, we require permanent legislative recognition that the Crown Forest Sustainability Act is an equivalent process to the Endangered Species Act, while developing workable species at risk policy. It is our expectation that these required changes will be made and adopted into the new Endangered Species Act legislation.

We would be happy to meet with you or your staff at your earliest convenience to discuss the best path forward to ensuring positive outcomes for species at risk while keeping this province open for business.

Sincerely,

Marc Pinette
Area Manager
Wood and Fiber
GP North Woods LP