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

On June 5, 2025, the Protect Ontario by Unleashing our Economy Act, 2025 (Bill 5) became law. The purpose of Bill 5 is to support faster development by speeding up provincial permits and approvals to help Ontario’s industries thrive, respond to trade issues like U.S. tariffs, and support the long-term strength and security of the province and its economy. Schedule 2 of Bill 5 amended the Endangered Species Act, 2007 (ESA) and is now in force. Schedule 10 of Bill 5 introduced a new legislation called the Species Conservation Act, 2025 (SCA). The SCA will come into effect when a commencement order is made and will repeal the ESA.

For further details on the legislative changes to the ESA and the new SCA, please see posting #025-0380 on the Environmental Registry of Ontario.

The SCA will continue to provide protection for species at risk and their core habitats.

People proposing to engage in activities that will adversely impact species or habitat protected under the SCA will either be required to register the activity or obtain a permit, unless the activity is excepted. Registerable and permit activities must be undertaken in accordance with rules set out in regulation or the permit, respectively.

Several regulations must be developed before the SCA can come into force.

In addition, a limited number of legislative amendments are proposed, including some minor amendments to the SCA and consequential amendments to other statutes and regulations.

New Regulations Under the Species Conservation Act

MECP is seeking comments on the following proposed regulations:

• Protected Species in Ontario List regulation: sets out the list of species that would receive protections under the SCA
• Registration regulation: sets out registration requirements and rules for conducting registerable activities
• Permit regulation: specifies which activities cannot proceed under a registration, but instead require a permit
• Exception regulation: lists activities that can proceed without a registration or permit
• Transition regulation: sets out any necessary rules to transition from the ESA to the SCA, including details how activities commenced under the ESA under a permit, agreement, or conditional exemption would transition to the SCA

Proposed Amendments to Regulations under the Environmental Bill of Rights

In addition to the regulations under the SCA, the MECP is also seeking comments on proposed amendments to the regulations made under the Environmental Bill of Rights, 1993 (EBR) as a result of the repeal of the ESA and the coming into force of the SCA.

Proposed Legislative and Other Regulatory Amendments

MECP is also seeking comments on proposed amendments to the SCA and consequential amendments to other statutes and regulations. These include:

• amendments to the SCA
• amendments to other statutes and regulations to update references to the ESA to refer to the SCA

Below is a summary of each of the proposed regulations and legislation.

New Proposed Regulations Details:

1. Proposed Protected Species in Ontario List regulation

This proposed regulation would list approximately 169 species to be protected under the SCA and set out the classifications assigned to each by the Committee on the Status of Species at Risk in Ontario (COSSARO), i.e., extirpated, endangered, or threatened.

The proposed list of protected species includes all of the species currently listed on the Species at Risk in Ontario List (O. Reg. 230/08), excluding those that the SCA would not apply to. Four species which had not been previously assessed and were newly classified as threatened or endangered in COSSARO’s 2024 Annual Report are also proposed to be added to the list. The list will also be updated to reflect changes in classification for two species based on the 2024 COSSARO reports.

Species currently listed on the Species at Risk in Ontario List that will not be listed in the proposed regulation include:

• the 64 species classified by COSSARO as special concern including 6 species that were classified as special concern in COSSARO’s 2024 Annual Report. Note that none of these species are subject to the prohibitions under the ESA
• the 42 aquatic species (fish and mussels) and migratory bird species listed as extirpated, endangered or threatened under the federal Species at Risk Act. This removes duplication for species already receiving protections federally. Activities impacting these species will still need to comply with the following federal legislation: the Species at Risk Act, the Fisheries Act, and the Migratory Birds Convention Act, 1994

See the ‘Proposed Protected Species in Ontario List vs. Species at Risk in Ontario (SARO) List’ link in this notice for further details.

2. Proposed Registration Regulation

​The SCA requires any activity that adversely impacts a protected species to be registered before proceeding with it unless the activity is excepted from the SCA or prescribed as an activity that requires a permit. This proposed regulation will set out the requirements for registering ‘registerable’ activities and the rules that must be followed when engaging in the registered activity.

​​​The regulation would require registrants to submit relevant information with a registration. Some requirements will be tailored to specific activities.

The regulation would also set out rules that must be followed when engaging in a registered activity. These rules may be activity or species specific, and may include requirements related to impacts to a species or species’ habitat, including:

• taking actions to avoid impacts
• ​taking actions to minimize adverse impacts
• taking actions to mitigate lasting impacts
• documenting actions in a conservation plan
• ​conducting monitoring and preparing monitoring reports

​Common Requirements:

The ministry is considering the following common requirements for all (or most) registerable activities. These proposed requirements aim to create clarity, promote responsible planning, and support conservation outcomes, while balancing the need for sustainable social and economic growth.

Registrants would register activities to an online Registration system and would be required to include information such as project information, and other key information that would be included in a site-specific conservation plan developed by the registrant.

The project information would include details such as:

• who is undertaking the activity
• what the activity is
• where and when the activity will occur
• which species may be impacted
• the extent of any species’ habitat impacted

Information submitted to the Registry may be made publicly available to support transparency.

Registrants may be required to work with qualified professionals to develop site-specific conservation plans that include actions to avoid or reduce impacts on species and their habitats. This may include carrying out activities outside of sensitive timing windows and site-specific steps to avoid, minimize or mitigate impacts.

Specific Requirements

Additionally, specific requirements may apply for certain activities depending on the impacted species and/or habitat, or the severity of the impacts, such as:

• activities impacting Boreal Caribou
• activities involving impacts to unhealthy Butternut or Black Ash trees
• the operation of infrastructure that may pose a considerable risk of impact to species or species habitat
• the possession of a species at risk for longer than seven days
• projects funded through the Species Conservation Program
• activities undertaken in response to a non-imminent threat to human health or safety

Additional conservation actions may be required in specific circumstances to mitigate lasting impacts. In some situations, options may be provided. These may include:

• creating, enhancing, or restoring species’ habitat
• mitigating long-term impacts to local species’ populations
• supporting key research priorities and projects

​3. Proposed Permit Regulation

This regulation will set out activities that would require a permit before proceeding. These activities would not be eligible to proceed by way of a registration. The Minister has the discretion not to issue any specific permit.

Certain activities are being considered for inclusion in the permit regulation, including:

• killing a protected animal species (e.g., mammal, fish, reptile) if the activity is not already subject to an exception (e.g. threats to human health and safety) or eligible for registration (e.g. euthanasia for rabies testing)
• introducing or reintroduction of most protected species to an area where it does not currently occur

4. Proposed Exception Regulation

This regulation will set out activities that may proceed without being registered or obtaining a permit. We are proposing to update and include exceptions that generally reflect most of the exemptions currently set out in sections 1.1 to 23.19 of O. Reg. 242/08 made under the ESA that do not require notice to be given through the registry. Some notable aspects of this proposal include:

• exemptions under O.Reg. 242/08 that are spent or relate to species that will not be protected under the SCA will not be included
• we are also proposing to combine and expand the commercial cultivation and species-specific plant exemptions to extend the existing commercial cultivation exemption to those that possess a plant that originated from a commercial cultivator
• the stewardship activities currently exempted by section 17.1 of O. Reg. 242/08, would be included in the proposed registration regulation

5. Proposed Transition Regulation

This proposed regulation will detail how activities commenced under instruments or conditional exemptions under the ESA would transition to the SCA.

We are proposing that a person engaging in an activity authorized under a permit, agreement, or subject to a conditional exemption that required giving notice through the Registry would be able to continue that activity subject to the requirements that were applicable under the ESA.

• the definition of habitat that was in place at the time the permit was issued, the agreement was entered into, or the registration was confirmed would apply
• the conditions of the permit, agreement, or registration exemption regulation would continue to apply to the extent that the impacted species to which the conditions apply is subject to the SCA

We are also proposing to allow persons to seek the cancellation of certain permits, agreements, and registrations and proceed under a new registration or permit under the SCA in certain circumstances.

Changes to an activity that would result in impacts to a new species would require a new registration or new permit under the SCA. Specific to registrations transitioned from conditional exemptions under the ESA, we are proposing that only administrative amendments would be allowed after December 31, 2026.

Orders and other instruments under the ESA would have similar transition rules.

6. Proposed Regulatory Amendments under the Environmental Bill of Rights

We are proposing to prescribe the SCA as being subject to Part IV (Application for Review), Part V (Application for Investigation) and Part VII (Employee Reprisals) of the Environmental Bill of Rights.

We are also proposing to exempt all permits and orders issued under the SCA from the requirements of Part II of the Environmental Bill of Rights.

7. Legislative and Other Regulatory Amendments

Proposed Amendments to the Species Conservation Act

We are proposing the following amendments to the SCA that include:

• amendments to improve clarity and consistency within the legislation
• more closely align the circumstances in which orders can be issued under sections 37 and 38

Proposed Consequential Amendments to Other Legislation and Regulations

Update references in legislation and regulations that reference the Endangered Species Act, 2007, including:

• Legislation:
  • Crown Forest Sustainability Act, 1994
  • Fish and Wildlife Conservation Act, 1997 (FWCA)
  • Freedom of Information and Protection of Privacy Act
  • Kawartha Highlands Signature Site Park Act, 2003
  • Lake Simcoe Protection Act, 2008
  • Provincial Parks and Conservation Reserves Act, 2006
• Regulations:
  • O. Reg. 75/08 under the Regulatory Modernization Act
  • O. Reg. 153/04 under the Environmental Protection Act, 1990
  • O. Reg. 191/11 under the Accessibility for Ontarians with Disabilities Act, 2005
  • O. Reg. 282/98 under the Assessment Act
  • O. Reg. 341/20 and O. Reg. 697/21 under the Environmental Assessment Act
  • O. Reg. 442/95 under the Business Regulation Reform Act, 1994
  • O. Reg. 508/18 under the Electricity Act, 1998
  • O. Reg. 596/22 under the Conservation Authorities Act
  • O. Reg. 664/98 and O. Reg. 668/98 under the FWCA