Ontario groups alarmed by changes to Endangered Species Act

Environmental advocates and conservation groups are rallying against proposed amendments to Ontario's Endangered Species Act because protections for vulnerable species will potentially be weakened.

The proposed new rules are easing protections to increase opportunities for various types of development and the creation of mining exploration trails.

In particular, protection parameters are changing for such species as the redside dace, a tiny endangered fish that helps control mosquito populations, and the butternut tree found in southern Ontario, including an area proposed for Highway 413.

Under the proposed amendments, habitat protection for the endangered redside dace minnow would be reduced from 20 to 10 years, potentially allowing development activities in areas inhabited by the fish for less than a decade.

In the case of mining exploration, the changes would nullify current Endangered Species Act (ESA) prohibitions that prevent companies from damaging and destroying habitat for trail-making, said Rachel Plotkin, boreal project manager at the David Suzuki Foundation. However, the new rules would include a suite of mitigation measures to protect caribou, wolverines, grey foxes, polar bears and other birds and small mammals.

Conservationists say the changes prioritize development interests over the protection of at-risk plant and animal species. A letter signed by 68 provincial conservation organizations outlining those concerns was sent last week to Andrea Khanjin, Ontario's minister of environment, conservation and parks.

Canada's National Observer reached out to the Ministry of the Environment, Conservation and Parks (MECP) for details about the proposed amendments but did not receive comments in time for publication. However, on its website, the ministry stated the regulatory changes aim to improve the program, increase “certainty,” and “streamline” processes for Ontarians while continuing to deliver species protection where it is most needed.

Plotkin said the proposed mining trail amendments lay out some mitigation measures but they “just reduce harm. They still allow for it.” And while they are supposed to be mandatory, there is little or no enforcement, she added.

Tim Gray, executive director of Environment Defence, had nothing positive to say about the proposed amendments. “The changes will speed up development approvals and reduce costs for developers engaging in harmful activities that impact Ontario’s most vulnerable plant and animal species,” he said.

Gray pointed out the redside dace and butternut trees, which belong to the walnut family, are just two of many species at risk that would be impacted by the proposed construction of Highway 413 in southern Ontario. “The only reasonable explanation for these proposed changes is to protect highway and sprawl developers from endangered species.”

If the changes are passed, people in the province will be more vulnerable because of weakened natural systems that provide our food, air and water, Gray added.

According to Ontario Nature, nearly 90 per cent of the redside dace population in Ontario can be found in the Greater Toronto and Hamilton area, encompassing the Credit and Humber rivers — both of which would be intersected by Highway 413.

Classified as endangered since 2009, the tiny fish is threatened by habitat loss and water quality decline due to urban and agricultural activities. Redside dace are vital insectivores known to help control mosquito populations.

The ministry is also proposing changes to protections for the butternut tree. Currently, individuals or companies planning work that could harm the tree must submit a health report subject to a 30-day review period by MECP. The proposed amendment would eliminate this waiting period, permitting immediate work activity and potentially endangering the trees, say critics.

In their letter to the minister, conservation organizations noted: “With the proposed amendment, butternut trees could be immediately killed/removed, in which case, questionable or suspect assessments could not be audited.”

Katie Krelove, Ontario campaigner at Wilderness Committee, said the mining exploration trail relaxations will further endanger species.

“It’s tragic to see these proposed exemptions to protections for at-risk species come from the very ministry that is meant to lead the way in ensuring their conservation and recovery,” she said. “The changes have nothing to do with science or ecological knowledge, but instead seem laser-targeted to remove ‘inconveniences’ to developers at the expense of wildlife and the waters, forest and grasslands that support them.”

The group urges the minister to implement the ESA as it was intended, with adherence to the precautionary principle and a firm commitment to protecting and recovering the most vulnerable plants and animals.

“The approach is particularly irresponsible, given the profound challenges we face, if we are to have any hope of addressing the unprecedented and accelerating loss of biodiversity here in Ontario, across Canada and worldwide,” said Anne Bell, director of conservation and education at Ontario Nature. “The proposed changes would serve, first and foremost, the proponents of harmful activities. That is the intent and that would be the outcome. Less habitat would be protected and more species would be exposed to harmful activities.”

As part of the “Get It Done Act,” the Ford government also announced cuts to provincial environmental assessment times for key projects such as highways, railways and electricity transmission lines. This move has been criticized by environmentalists, who argue the change could result in devastating environmental and climate impacts with long-lasting consequences.

“Brick by brick, we’re witnessing the provincial government dismantle the Endangered Species Act, as brick by brick new developments arise in areas that used to be homes for wildlife,” said Plotkin. “This government continues to prioritize industrial resource extraction and development over all other values.”