RE: Proposed legislative and…

RE: Proposed legislative and regulatory amendments to enable the Species Conservation Act, 2025

We, the Canadian Parks and Wilderness Society, are writing to express our concern regarding the proposed Species Conservation Act (SCA), 2025 as a replacement to the Endangered Species Act (ESA), 2007. As leaders and experts in the conservation field, we do not believe the proposed SCA is adequate to protect species at risk in Ontario and for the following reasons:

The incorrect and limited definition of a species habitat

The SCA defines a habitat for an animal species as the following:

(i) a dwelling place, such as a den, nest or other similar place, that is occupied or habitually occupied by one or more members of a species for the purposes of breeding, rearing, staging, wintering or hibernating, and

(ii) the area immediately around a dwelling place described in subclause (i) that is essential for the purposes set out in that subclause

This definition of “habitat” ignores essential needs of species including food sources and migration. Many species, such as the Algonquin Wolf, require large amounts of land to roam and hunt and redefining “habitat” to only include immediate dwellings will remove protections from larger habitats than species depend on to survive.

Allowing species to be removed from the Species at Risk Ontario (SARO) list at the government’s discretion

This removes the process of an independent, science-based assessment. Allowing the government to remove species from the list at their own discretion without an independent assessment or public consultation is unethical and lacks transparency.

Removal of species from the SARO because they are listed under the federal Species at Risk Act (SARA) list

Removing the 42 aquatic and migratory bird species listed under the federal Species at Risk Act, undermines the Accord for the Protection of Species at Risk which stipulates the need for complementary species conservation initiatives among provinces, territories, and federally. These are some of the most at-risk species in the province, and the government of Ontario has the responsibility to ensure they are adequately protected within the province.

Elimination of recovery strategies

The elimination of recovery strategies is very concerning as it makes it nearly impossible to assess and mitigate harm to species.

Registration first approach

Only requiring proponents to register potential harmful activities to species without requiring any official approval first is a recipe for disaster. There is no guidance on how species will be protected during said activities, and it limits the Ministry’s ability to oversee activities impacting species’ habitats. Requiring proponents to detail actions to avoid and mitigate adverse impacts to species when registering is futile if the Ministry has no plans to enforce said actions.

Lack of Indigenous Peoples’ right to free and prior consent (FPIC)

The proposal does not mention Indigenous Rights, Treaty Rights, or Indigenous Peoples’ right to free and prior consent anywhere in the proposal. More details need to be provided on how the government plans to uphold these rights within this new legislation.

In conclusion, we do not believe the current proposal for the Species Conservation Act is sufficient to protect at risk species in Ontario. Amidst the current biodiversity crisis, many species in Ontario are currently suffering and need stronger protections, not weaker ones, to ensure they can thrive. Therefore, we urge you not to proceed with your plans to scrap the Endangered Species Act and replace it with the far weaker Species Conservation Act. Doing so would be a step in the wrong direction and jeopardize the survival of species at risk in Ontario.

Sincerely,

The Canadian Parks and Wilderness Society – Ottawa Valley Chapter