Comments on the Proposed Bill 5

As you may have already heard, the Ontario government has introduced a bill that would significantly reduce environmental protections, including those for endangered species. Among other things, the “Protect Ontario by Unleashing our Economy Act” would repeal the existing Endangered Species Act (ESA), which has aimed to protect and recover at-risk species since 2007, and replace it with the Species Conservation Act (SCA). Ostensibly meant to maintain species protections while “reducing red tape,” the new Species Conservation Act is poised to shift how the Province treats endangered species and the habitats they rely on. This includes:

• Changes to the definition of habitat to refer only to an animal’s immediate dwelling place, such as a nest, rather than the environments they occupy throughout their lives. For example, protections for rare plants would extend only to the individual plant’s roots.

• Removing the prohibition on “harassing” species at risk – meaning, for example, an animal can be scared away from their preferred nesting location, thus preventing habitat protections from being triggered.

• Eliminating the need for permits for projects that might harm species at risk and replacing this with an online registration system. This removes the opportunity for the government’s environmental experts to review plans and establish conditions to reduce harm before the project commences.

• Removal of the need for provincial recovery strategies and management plans for species at risk.

A separate proposed bill, the Special Economic Zones Act, would also allow industries to be exempt from provincial laws and municipal bylaws, thereby disregarding the due process under which those laws and bylaws were initially enacted.

Freshwater Conservation Canada is calling on the Ontario Government to reconsider this proposed legislation. When the Endangered Species Act was created, the Province of Ontario demonstrated true leadership in recognizing the ecological, social, economic, and intrinsic value of biological diversity for future generations. The ESA takes a science-based approach, considering the life history and ecology of various species. This is especially critical for many species that rely on freshwater ecosystems. For example, aquatic and amphibian species are already identified as being at greater risk of extinction, due to their need for multiple habitats throughout their life.

It was recognized in 2007, and we still know today that environmental protection and strong economies go hand in hand; we don’t need to choose one over the other.

The Province is accepting comments on the proposed legislation until this Saturday, May 17th, at 11:59 pm. Comments can be submitted here: https://ero.ontario.ca/notice/025-0380

("königinnennatter, queen snake" by Rob Van Epps is licensed under CC BY-NC 4.0.)

Photo of a Queensnake, an endangered snake in Ontario that exclusively hunts crayfish in the water. Last year, Freshwater Conservation Canada’s Middle Grand Chapter did work benefiting the Queensnake habitat.