2024-02-20 Comments to the…

2024-02-20

Comments to the Ministry of the Environment, Conservation and Parks
Regulatory changes under the Endangered Species Act to improve implementation of the species at risk program (ERO 019 – 8016)

Background

Our communities face a biodiversity loss crisis, and the most vulnerable species require decisive actions to ensure survival. As such, legislation like the Endangered Species Act (ESA; 2007) is crucial to preserving our natural heritage, and regulatory changes must not weaken its implementation. The proposed amendments in ERO 019-8016 would reduce the effectiveness of the ESA (2007) by opening the permanent alteration of species at risk habitats for development proponents. The Canadian Parks and Wilderness Society – Ottawa Valley Chapter (CPAWS-OV) therefore recommends that the government of Ontario not implement the proposed regulatory changes.

Regulatory amendments regarding habitat protections for Redside Dace

The listed amendments aim to reduce protection for an endangered fish, Redside Dace, by modifying the definition of its habitat. Limiting the timeframe for determining occupied habitat from known occurrences within the last 20 years to known occurrences within only the last ten years and narrowing 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” will reduce restrictions on harmful activities. These amendments will not focus on habitat protections as suggested by the MECP but actively undermine the effort for the species’ recovery.

Regulatory amendments regarding select conservation fund species and related administrative changes

One of the administrative changes would remove the 30-day waiting period between submitting a Butternut Health Expert Report and registering and beginning activities impacting the species. This amendment would be problematic for the survival of Butternut across the province since this delay is for the ministry to review the report and act upon it if needed. It is required to ensure the documentation submitted by development proponents is accurate. It is a measure to ensure they are held accountable for the provided information. Removing this failed safe would likely impede any efforts to recover this species.

Regulatory amendments to add newly listed species to existing exemptions and other administrative changes

The suggested changes to introduce exemptions to newly listed species at risk would allow activities that would destroy species’ habitats, actively harming their recovery. As such, these amendments are incompatible with “maintaining standards for protecting species at risk,” as suggested by the MECP, because habitat destruction and alterations are the leading causes of biodiversity loss. Preserving the integrity of ecosystems of listed species is mandatory for their survival and potential recovery.
Furthermore, timely actions need to be undertaken to prevent the loss of species at risk. As such, introducing the exemptions would be counterproductive to introducing the legislation to protect the species.

Regulatory amendments regarding the conditional exemption for early exploration mining

The proposed amendments would allow the construction or reopening and use of trails for early exploration mining. These are problematic because trails with motorized access are highly disruptive to biodiversity. They create habitat fragmentation, resulting in long-term connectivity loss and isolating populations. These impacts will be long-lasting and will severely impede efforts to restore species.
Furthermore, the proposed mitigation measures will not protect the species adequately. They do not acknowledge the cumulative disruptions caused by early mining exploration. Also, the MECP currently does not possess the resources to ensure compliance with regulatory requirements on the ground.

Recommendations

The regulatory changes to the ESA (2007) suggested in ERO 019-8016 would significantly reduce the effectiveness of the Act to protect and restore species-at-risk populations. As such, the government of Ontario should not adopt them.

The MECP should oppose any attempt to weaken conservation measures, prevent any further exemptions to the law, insist on the timely implementation of conservation regulations and ensure governmental control over activities with possible harmful impacts on biodiversity.

Conclusion

Opening habitats of species at risk to development and industrial activities by introducing exemptions and limiting control mechanisms will lead to irreversible loss of biodiversity. The species protected by the ESA (2007) are in precarious situations that need timely and effective actions to ensure their survival and recovery. Therefore, CPAWS-OV encourages the MECP to work towards building a network of well-connected habitats to fight biodiversity loss.

About CPAWS-OV

The mission of the Ottawa Valley Chapter of the Canadian Parks and Wilderness Society (CPAWS-OV) is to protect and preserve biodiversity in the Ottawa Valley by promoting and advocating for ecological integrity in the management of public lands, working with other local and regional environmental groups, and collaborating with Indigenous Communities, industries and governments. We represent over 5000 people in Eastern Ontario who care deeply about the province’s environment and natural resources and have more than 50 years of experience working to preserve wilderness in the region.