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© Lora Denis
Rapids clubtail dragonfly © Dan Irizarry CC_BY-NC-SA 2.0
Yet again, the people of Ontario are witnessing an attempt by the Ministry of Environment, Conservation and Parks (MECP) to weaken protections for the province’s species at risk. If approved, proposed changes to “streamline” several regulations under the Endangered Species Act, 2007 (ESA) will create new loopholes to harm species at risk and their habitats, despite the well-documented reality that Ontario is “losing more biodiversity than we are conserving.”
The ESA, already drastically weakened by exemptions, amendments and poor implementation, is failing as the last line of defence for Ontario’s most vulnerable plants and animals. Instead of striving to achieve the legislation’s central purpose of protecting and recovering species at risk, the government is choosing the path of further decline.
Ontario Nature and other concerned organizations are speaking up against these alarming proposals, and we’re inviting you to do the same.
Our main concerns about the proposed changes are:
MECP is proposing to reduce habitat protection for redside dace, an endangered fish, through amendments to the regulation defining its habitat. First, it wants to limit the timeframe for determining occupied habitat from known occurrences within the last 20 years to known occurrences within only the last 10 years. In addition, the ministry is proposing to narrow the definition of recovery habitat from “areas that would support re-establishment of the species to formerly occupied areas,” to only “streams or other watercourses directly adjacent to occupied habitat” and “areas that are currently suitable for redside dace to carry out its life processes.” These proposed changes would reduce restrictions on harmful activities and undermine species’ recovery efforts.
The only possible interpretation is that the amendments are geared towards facilitating development at all costs. Certainly, they would help pave the way for the proposed Highway 413 – an unnecessary and costly project that stands to impact some of the last remaining potential redside dace habitat in the northern reaches of the Greater Toronto Area (and would harm many other species at risk as well).
MECP is proposing to remove the mandatory 30-day waiting period between the submission of a Butternut Health Expert Report and registration and commencement of harmful activities. The current 30-day waiting period offers the ministry a chance to review the report and potentially intervene, thus incentivizing credible and consistent reporting. The proposed change – in addition to the fact that those completing assessments no longer require training – eliminates accountability and is bad news for butternut. The government’s motivation, as stated in the proposal, is to shorten wait times for development proponents.
Again, the stated rationale for this change is to “streamline” approvals so that developers “can engage in their proposed activities impacting recently listed species sooner.” MECP’s claim that it will continue “maintaining standards for protecting species at risk” rings hollow given its abject failure to inspect or enforce compliance with requirements to minimize harm that are typically part of qualifying for an exemption. As noted in the 2021 report of Ontario’s Auditor General, annual approvals to harm species at risk increased by 6,262 percent between 2008 to 2020, with 96 percent of approvals granted through exemptions.
How can speeding up harmful activities through exemptions with no inspection or enforcement of compliance be seen as “maintaining standards” of a law intended to promote the protection and recovery of species at risk?
Early mining exploration activities are largely already exempt from ESA regulations, yet proposed changes would add trail use, construction, and re-opening to the existing exemptions. Given MECP’s failure to inspect and enforce whether conditions of current exemptions are being met and given the absence of any system to track the cumulative impacts of early exploration mining, the proposed amendments spell nothing but more trouble for species at risk.
The proposed amendments are another example of the Government of Ontario’s relentless push to prioritize development over environmental protection. They fly in the face of the legislated purpose of the ESA: “to protect species that are at risk and their habitats, and to promote the recovery of species that are at risk.”
© Lena Morrison
And the beat goes on with the Ford government’s war on the environment.
But where is the pushback from senior staff of the MECP against this further weakening of the ESA? Where are the resignations in protest? This ministry’s job is to protect and advocate for our province’s natural heritage, not simply roll over for the sitting government and do its ill-informed bidding.
In tribute to the current premier, one wonders if the MECP should be renamed the Ministry of Field of Weeds and Development.
Please also address concerns to “Janet Gates” interim CEO of the Species Conservation Action Agency.
Janet.Gates@ontario.ca or “Ian Barrett” Chair. SpeciesConservationAgency@ontario.ca
“Good afternoon,
On behalf of the Species Conservation Action Agency I am pleased to announce the appointment of Janet Gates as the agency’s interim CEO, while the agency undertakes the recruitment of a permanent CEO.
Janet brings extensive government agency experience to the role, having served in executive leadership positions with the Ontario Place Corporation, Elgin and Winter Garden Theatre Centre and the Ontario Heritage Trust, as well as delivering on key government priorities on such files as Pan and Parapan American Games, Managed Forest Tax Incentive Program and Provincial Land Tax Reform. Working with the SCAA Board, she will oversee operations of the Agency and support the administration of the Species at Risk Conservation Fund.
More information will be made available as the Species Conservation Action Agency develops funding plans for conservation fund species and progresses towards funding of activities to protect and recover these species. Janet can be reached at Janet.Gates@ontario.ca.
Ian Barrett,
Chair
Species Conservation Action Agency”