Re: ERO 025-0908 – Developing guidance on section 16 activities under the Species Conservation Act, 2025

November 6, 2025

Species at Risk Branch

Ministry of the Environment, Conservation and Parks

40 St. Clair Ave West

Toronto, ON

M4V 1M2

 

Re: ERO 025-0908 – Developing guidance on section 16 activities under the Species Conservation Act, 2025

 

We, the 87 undersigned organizations, submit the following comments and recommendations on the proposal for developing guidance on section 16 activities under the Species Conservation Act, 2025 (SCA).

We reiterate our objection to the replacement of the Endangered Species Act, 2007 (ESA) with the far weaker SCA as noted in our submission on ERO 025-0380, which was not adequately addressed or responded to when the Government of Ontario proceeded to pass Bill 5. Ontario’s at-risk species need more protections, not less, in the midst of a biodiversity crisis.

This proposal to develop guidance on section 16 activities under the SCA will not fulfill the purpose of the Act “to provide for the protection and conservation of species while taking into account social and economic considerations, including the need for sustainable economic growth in Ontario”. Without a robust, evidence-based approach to defining habitat under the SCA, any guidelines developed will not be sufficient for assessing whether an activity is likely to have an impact to a protected species or species’ habitat.

Guidelines under the ESA outlined key terms, guiding principles and considerations to be made when determining whether a proposed activity would damage or destroy habitat. Similarly, the current proposal is to develop guidelines under the SCA to assess whether an activity is likely to have an impact to a protected species or species’ habitat. The key difference between the two Acts in respect to this proposal is the definition of habitat.

Under the ESA prior to the passing of Bill 5, habitat was defined as:

1. a) with respect to a species of animal, plant or other organism for which a regulation made under clause 56 (1) (a) is in force, the area prescribed by that regulation as the habitat of the species, or

1. b) with respect to any other species of animal, plant or other organism, an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding, and includes places in the area described in clause (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences.

The ESA guidelines for assessing impact considered the activity details, the areas of habitat likely to be altered by the activity, and most importantly, how alteration could affect the species’ ability to carry out its life processes. As already highlighted in our submission on ERO 025-0380, the redefining of habitat under the SCA to just immediate dwellings like dens, nesting sites, or the critical root zone, will remove protections from large areas of habitat upon which species depend for survival.

We understand the Ministry is looking for input on:

• specific aspects of the previous policies and technical direction that you would suggest retaining, updating, or removing
• which components of the proposed guidance would be of greatest interest or value to you or your organization
• which species groups would most benefit from detailed habitat guidance
• any other advice or feedback you would like to share about guidance that would be helpful

However, with these fundamental differences in defining habitat, it is unclear how such guidance can actually be applied in a way that benefits species conservation. To determine the possible impact of an activity, it is necessary to determine risk to survival of the species and habitats in question, as was included in guidelines under the ESA. It is not possible to determine risk to survival of a species with any degree of certainty if all habitats required for their survival are not being considered in the assessment.

The approach to defining habitat that existed under the ESA was robust, and evidence-based. Before any guidelines can be developed for assessing the impact of activities on a protected species or species’ habitat under the SCA, the definition of habitat under the Act must be revisited.

We also want to note that while ESA habitat definitions and related guidelines for assessing impact were robust, ESA implementation was not sufficient. This was clear in many of the Auditor General’s findings in their Protecting and Recovering Species at Risk report in 2021. Particularly the findings that the total number of species at risk had risen by 22% between implementation of the ESA in 2009 and 2020, as well as the finding that no permit requests allowing harmful activities had ever been denied. It is clear a new approach to species at risk management in Ontario is needed, but the far weaker SCA is not the answer.

We reiterate our overall objection to the replacement of the ESA with the weaker SCA and highlight the following overall recommendations for species at risk management in Ontario:

1. Apply a robust, evidence-based approach to defining habitat, as was done under ESA prior to the passing of Bill 5

2. Reduce reliance on discretionary powers related to listing and avoid exemptions to habitat protections

3. Ensure a listing and recovery approach based on science and Indigenous knowledge

4. Enforce reasonable timelines for species listing and habitat protections

Ontario Nature and its partners have been leaders on species at risk ecology and monitoring for decades, and are available to provide expertise on various taxa including plants, birds, reptiles and amphibians. We are ready to work with the Government of Ontario to strengthen protections for our most vulnerable species for the long-term well-being of Ontario’s ecosystems and future generations.

Sincerely,

 

Tony Morris

Conservation Policy and Campaigns Director

Ontario Nature

 

Mary Lou Gerow

Secretary

Bancroft Field Naturalists’

 

Amy Schnurr

Executive Director

Burlington Green Environmental Association

 

Robert Roszell

Chair

10,000 Trees for the Rouge

 

Anne Mills

Director

Bert Miller Nature Club

 

Sean Southey

Chief Executive Officer

Canadian Wildlife Federation

 

Jessica Lax

Executive Director

Algonquin to Adirondacks Collaborative

 

Tom Sitak

President

Brant For Nature

 

Yvon Duchesne

Board Chairperson

Citizens for Marshland Conservation

 

James Bruce Craig

Chair

Concerned Citizens of King Township

 

Darlene Salter

Co-chair

Eagle Lake Farabout Peninsula Coalition

 

Tim Gray

Executive Director

Environmental Defence

 

Lesley Lavender

CEO

Federation of Ontario Cottagers’ Associations

 

Susan Moore

President

Friends of Salmon River

 

Richard Witham

Chair

Greater Sudbury Watershed Alliance

 

Margaret Beaudette

President

Halton North Peel Naturalist Club

 

Richard Heron

President

Huntsville Nature Club

 

Miranda Virtanen

Executive Director

Junction Creek Stewardship Committee

 

Pat Morden

Chair

Lakeshore Eco-Network

 

Michael Douglas

Chair

Concerned Citizens of Ramara

 

Barbara Steinhoff

Executive Director

Earthroots

 

Jarvis Strong

Executive Director

Escarpment Corridor Alliance

 

Sharon Boddy

Director

Friends of Carlington Woods/Hampton Park

 

Janet Stavinga

President and Co-Founder

Friends of Stittsville Wetlands

 

Susan Rietschin

Chair

Guelph Urban Forest Friends

 

Robin Harmer

Chair

Headwaters Nature

 

Christine Roberts

President

Huron Bruce Nature

 

Eric Davis

President

Kawartha Field Naturalists

 

Alexis Whalen

Chair

Land Over Landings

 

Dr. Paul Berger

Lead Organizer

CUSP – Citizens United for a Sustainable Planet

 

Alyssa Wright

Interim Chair

Engage Barrie Organization

 

Jennifer Nantais

Chairperson

Essex County Field Naturalists Club

 

Rob Potter

President

Friends of Nancy Island and Wasaga Beach Park

 

Lorraine Green

Co-chair

Grandmothers Act to Save the Planet (GASP)

 

Hart Jansson

Co-Founder and Chair

Halton Action for Climate Emergency Now

 

Sharon Lovett

Co-Chair

High Park Nature

 

Sheila Fleming

Co-President

Ingersoll District Nature Club

 

Janis Grant

President

Kingston Field Naturalists

 

Kerrie Blaise

Founder & Legal Counsel

Legal Advocates for Nature’s Defence (LAND)

 

Marilyn Murray

Chair

Lennox and Addington Stewardship Council

 

Jamie Kneen

National Program Co-Lead

MiningWatch Canada

 

Darren MacTavish

President

Nature Barrie

 

Joyce Sankey

Conservation Director

Niagara Falls Nature Club

 

James Kamstra

President

North Durham Nature

 

Linda Heron

Chair

Ontario Rivers Alliance

 

Laura Reinsborough

Riverkeeper and CEO

Ottawa Riverkeeper

 

Susan Paradisis

President

Peterborough Field Naturalists

 

Dr. Elizabeth Churcher

Corresponding Secretary

Quinte Field Naturalists

 

Tylene Appel

Co-Chair

Seniors for Climate Action Now!

 

Phyllis Cacciotti

President

Manitoulin Nature Club

 

Paul Frigon

First Vice-President

Mississippi Valley Field Naturalists

 

Judy Brisson

President

Nature Guelph

 

Dorothy Wilson

Communications Working Group

Nith Valley EcoBoosters

 

Rhonda Kirby

President

North Shore Environmental Resource Advocates

 

Dr. Erica Shelley

Executive Director

Organic Council of Ontario

 

Kenneth Westcar

Secretary/Treasurer

Oxford County Trails Council

 

Gerry Jenkison

President

Prince Edward County Field Naturalists (PECFN)

 

James Smith

Chair – Stewardship Committee

Ruthven Park National Historic Site Inc.

 

Lidija Biro

Founding member

Seniors for Climate in Niagara

 

Robert Codd

President

Midland-Penetanguishene Field Naturalists

 

Max Hansgen

President

National Farmers Union – Ontario

 

Jennifer Evans

President

Nature London

 

Bernie Solymar

President

Norfolk Field Naturalists

 

Ron McKee

Captain

Oakville Climate Hub, Climate Reality Canada

 

Denis Paccagnella

President

Orillia Naturalists’ Club

 

Glenda Clayton

President

Parry Sound Nature

 

Lenka Holubec

member

ProtectNatureTO

 

Ron Prickett

President

Sault Ste. Marie Naturalists of Ontario and Michigan

 

Terry Coffin

President

Seniors for Nature Outdoor Club

 

Wendy Nicholson

President

South Bracebridge Environmental Protection Group Inc.

 

Michael Appleby

President

Stephens Bay Association

 

Barbara Yurkoski

Advocacy Committee Lead

Thunder Bay Field Naturalists

 

Paul Harpley

President

South Lake Simcoe Naturalists

 

Ron Corkum

President

South Peel Naturalists’ Club

 

Lynn Miller

President

Toronto Field Naturalists

 

Helen Brenner

Co-Lead

Stop Sprawl Durham

 

Hilda Postenka

Vice President

Thunder Bay Hiking Association

 

Susan Best

President

Trumpeter Swan Conservation Ontario

 

Rebecca Koroll

President

Waterloo Region Nature

 

Peter Beckett

President

Sudbury Naturalists Club

 

Amelia Rose Khan

Volunteer

Toronto350

 

Tara Bauer

Director

Turtles Kingston

 

Dani Lindamood

Campaigns & Communications Director

Water Watchers

 

James Snider

Vice President, Science, Knowledge & Innovation

WWF – Canada

 

Gloria Marsh

Executive Director

York Region Environmental Alliance

 

Wioletta Walancik

Administrative & Programs Director

Friends of Second Marsh

 

Sylvia Bowman

Conservation Director

York Simcoe Nature Club

 

Re: ERO 025-0908 – Developing guidance on section 16 activities under the Species Conservation Act, 2025