A long-standing law aimed at protecting vulnerable species in Ontario has been repealed to speed up development projects in the province, but one environmental rights group says its replacement has left at-risk wildlife “seriously compromised.”
Last month, Ontario sunset the Endangered Species Act to pave the way for the Species Conservation Act. It was included in the province’s omnibus bill, Protect Ontario by Unleashing our Economy Act, which accelerates the approval of critical mineral and resource development projects in the face of the U.S. trade war.
Critics say the new law weakens the protections for species in the province which need them the most, specifically by narrowing the definition of a habitat to the immediate area a species needs to survive, and allowing the province to add or remove a species from a protected list.
“So the only real prohibition now is actually killing an individual endangered species, but their homes and the places that they eat are no longer protected,” Tim Gray, the executive director of Environmental Defence, told CTV’s Your Morning on Tuesday.
“If you think about that in human terms: that would mean you’re not allowed to shoot people, but you can starve them or take away their houses.”
Environmental Defence states that removing 42 aquatic species and 18 migratory birds from Ontario’s list of endangered and threatened species is one of “the most serious consequences” of the repeal . The remaining protections for those species would be enforced by the federal government.
“The federal legislation is a bit of a backstop...So it really is the province getting out of the business of protecting the species in the province,” Gray said.
The province has also done away with the recognition of species classified as “special concern.” According to Environmental Defence, 106 species are affected by that change, including red-headed woodpecker, eastern mole, eastern musk turtle, and redside dace.
Province defends the move
In a statement to CTV News, the provincial government defended the repeal of the Endangered Species Act, saying it wasn’t delivering the “outcomes” the people of Ontario expect.
A spokesperson for the Ministry of Environment, Conservation and Parks said proponents will still need to meet meet clearly outlined requirements to protect vulnerable species through “permit by rule” — an approach they say is already used successfully in Ontario for many other environmental permissions.
“Under this process, instead of waiting years for permits and authorizations, proponents will be able to register and proceed as soon as they meet all requirements. This new approach is being paired with strong enforcement, including hefty fines, potential jail time, and new investigative powers and compliance tools for officers,” they said.
Gray said he doesn’t buy how the province has positioned the new law, saying that there is “no evidence” to show that the Endangered Species Act slowed down development.
“This is an ideological attack on the environment, which, unfortunately the current government is very prone to,” he said.
