Species Conservation Act – Opportunity to Provide Comments

The Government is continuing to build the Species Conservation Act, 2025 which will eventually replace the existing Endangered Species Act, 2007. Specifically, the ministry is seeking feedback on the following new proposed regulations under the SCA:

• Protected Species in Ontario List Regulation: list of species that receive protections under the SCA.
• Registration Regulation: outlines rules and requirements for those undertaking a registerable activity.
• Permit Regulation: specifies which activities require a permit and may include any rules and requirements for those activities.
• Exception Regulation: specifies which activities can proceed without a registration or permit.
• Transition Regulation: specifies how permits, agreements and other authorizations, registrations, and orders issued under the ESA will transition under the SCA.

The ministry is also proposing new guidance materials for the SCA intended to help a person understand the potential impacts of a planned activity on species at risk by:

• providing information to be considered in determining whether a proposed activity is likely to result in the killing or harming of a protected species or damaging or destroying the protected species’ habitat
• providing clarity on the area of habitat protected for specific groups of protected species

The two ERO proposals related to the SCA can be seen here: https://ero.ontario.ca/notice/025-0909 & https://ero.ontario.ca/notice/025-0908

While comparing the existing Endangered Species Act to the new Species Conservation Act, it seems to eliminate a lot of duplication with the existing Federal Government regulations surrounding the protection of threatened and endangered species.

One point of concern is that there is no mention as to what types of projects would require registration with the Government, which ones would require permits, and what would be exempt.

NOTO Staff will be attending a meeting by the Ministry at the end of October which will provide additional information about the proposals and will look into more specifics about how this Act may potentially impact our sector.