TORONTO – Ontario is set to weaken protections for endangered plants and animals as part of a mining bill, prompting environmental groups to describe it as the most extensive rollback of the province's at-risk species legislation in nearly two decades. Policy advocates who have reviewed the proposed legislation, tabled recently by the provincial government, argue that the sweeping alterations would further erode protections for over 200 endangered species while granting the government increased authority over scientific determinations regarding species protection.
Laura Bowman, a staff lawyer with the environmental law charity Ecojustice, stated, “This is really the most comprehensive undermining of the Endangered Species Act we’ve seen.” The omnibus bill aims to expedite new mining projects, and the government plans to repeal the current Endangered Species Act and introduce a new Species Conservation Act.
The Ontario government claims the existing permit process is "slow and complex," arguing that the proposed changes will establish a "reasonable, balanced approach to protecting species in Ontario." However, environmental advocates reject this viewpoint, asserting that the modifications are far from balanced.
Key elements of the proposed changes include significantly narrowing the definition of "habitat" from encompassing the entire area necessary for a species' survival to merely the nest or den and its immediate surroundings. Additionally, the government aims to remove the obligation to develop recovery strategies and management plans for at-risk species. Critics fear that a new "registration-first approach" will be introduced, allowing companies to begin projects that could damage habitats or harm endangered species without obtaining a permit first.
Anna Baggio, conservation director of Wildlands League, emphasized that the proposed measures "are not rooted in the latest science," expressing concern that the government appears to be prioritizing industrial development over environmental considerations. Critics warn that registrations will promote broad, standardized measures rather than tailored, project-specific permits that detail how companies plan to mitigate their impacts.
Environment, Conservation and Parks Minister Todd McCarthy's spokesperson defended the new legislation, stating that the Species Conservation Act will create “robust environmental protections” by instituting clear, enforceable regulations for businesses. The spokesperson also noted that the Committee on the Status of Species at Risk in Ontario (COSSARO) would continue to provide science-based advice on species listing.
Green Party Leader Mike Schreiner expressed concerns about the legislation, stating that it undermines vital environmental protections and Indigenous consultation. He remarked that the changes create a dire situation for both endangered species and the health of ecosystems that are essential for human survival.
Several First Nations have voiced opposition to the new mining regulations affecting their traditional territories; however, some First Nations support the changes. The mining industry has endorsed the legislation, with a homebuilders' association welcoming the reforms, claiming the existing permitting process is “expensive, slow, and unnecessarily complicated.”
Statistics reveal that the average permit process duration decreased from 851 days (2015-2021) to 256 days by August 2020, as reported by the provincial auditor general. The report highlighted that companies escalated complaints to upper levels of the Environment Ministry, resulting in a 43% faster permit approval rate. However, it was also noted that current protections have weak enforcement; the Environment Ministry had never rejected an application to harm a species or habitat, according to the 2021 audit.
The proposed changes come amid broader efforts by Premier Doug Ford’s government to accelerate infrastructure projects by revising existing environmental protections. Ford previously dismissed concerns over habitat protections for endangered species, emphasizing the need for construction and development to alleviate traffic issues.
Ontario's endangered species law, once regarded as a model for its protections and scientific rigor, has faced increasing regulatory weakening over the years. The recent proposal may further dismantle previously established protections, sparking significant outrage from environmentalists and conservationists. Notably, a conservation fund that allows developers to pay instead of implementing on-site species protections is being phased out.
Despite claims of increased funding for species conservation efforts, the recent auditor general’s report indicated that only a handful of implemented recommendations from previous audits. This ongoing gap between legislative intent and practical application reveals the challenges facing Ontario's endangered species protection framework.
