Bill 108 Schedule 5 and…

Bill 108 Schedule 5 and these proposed changes to the Endangered Species Act are set to leave our most vulnerable species and ecosystems without adequate protection. While the proposed changes are framed as ways to improve efficiencies and provide “best-in-class” protection for species at risk, this is highly misleading: these changes would instead be massive steps backward and pose real threats to already threatened species.

We need to take action to strengthen, not weaken, our current protection. Many of the supposed challenges this proposal aims to address could be remedied through improved implementation of the Act, not through undermining it. Instead of adding more exemptions, the time is now to repeal the 2013 exemptions and strengthen the Act back to its original gold-standard. The United Nations recently released a deeply troubling report warning that over one million species are facing extinction over the next decade. This accelerated and “unprecedented” rate of extinction is driven by inaction over climate change, habitat destruction for development, overfishing, pollution, and invasive species. These are all human-caused problems with human solutions. Beyond recognising that biodiversity has its own intrinsic value, we rely on it for our clean drinking water, for the food we eat, and the air we breathe. Green infrastructure provides billions of dollars of ecosystem services that often go unrecognized until they are lost. A massive conservation effort is needed now and we do not have time for this inaction and destructive policy change.

1. Do not instate the Species at Risk Conservation Trust. This will only make it easier for industry and development to move forward and this is inconsistent with the Endangered Species Act. Protection and recovery must be the priority. The description that these funds would go towards activities that are "reasonably likely" to support protection is concerning. We need strong protection and confident language in this Act. The Minister should also not have discretion as to how and where these funds are spent: these should always be science-based decisions. The fact that these changes are proposed to give "greater certainty to business" speaks volumes.

2. Do not open up COSSARO to "community knowledge". This is inviting corruption . We do not want to see those with inadequate expertise making decisions that will affect the protection or extinction of species at risk. Science-based assessments are critical. Do not allow the Minister to interfere with the listing of species at risk.

3. Do not base the assessments on the status of a species throughout its range. This is Ontario's Endangered Species Act. This change would affect the majority of species at risk in Ontario. Here in Hamilton, for example, we are at the very northern limit of the Carolinian Life Zone, which makes the Hamilton area a unique biodiversity hotspot - one of the greatest areas of biodiversity in Canada. The genetic diversity of the plants and animals living here will be critical as species migrate with climate change, as these individuals are best adapted to the northern conditions. If we are completely careless with the habitat now, the populations moving north will suffer in the future too.

4. Do not allow the Minister to have so much discretion and ability to meddle. Do not decouple automatic listing and species protection. The proposed changes invite weak oversight, less transparency, and self-regulation subject to political whims and the influence of powerful lobbyists. The ESA already allows the Minister to request a review of a COSSARO decision if credible scientific information indicates the listing is not appropriate. Maintain mandatory habitat protection without Ministerial discretion.

5. Do not create landscape agreements. This does not address site-specific or species-specific concerns and presents unwarranted additional risk of species already in peril.

6. Do not allow activities to avoid the ESA thanks to any other authorizations. We do not want to see permanent exemptions for industries like the forestry or mining sectors. Repeal the exemptions from O. Reg. 242/08 and strengthen the ESA. As habitat loss and degradation are the primary factors threatening species, this is a dangerous precedent with the added hazard of reduced accountability.

7. Continue to require that the Minister consults with an independent expert prior to creating regulations that would jeopardize the survival of a species, or issuing permits for harmful activities that would provide a significant social or economic benefit to Ontario.

8. Do not allow for the multiple proposed delays to the listing and reporting timeline. With the accelerated extinction rate brought to light in the new UN report, we do not have the time for this.

Take Endangered Species and Climate Change seriously. The time is now to take action, not undermine existing legislation.