Ontario Species at Risk at Further Risk: Legislative Changes under Bill 5

May 12, 2025

Author

Anna Huschka

My name is Anna (she/her), and I am a white settler located on the lands of the Williams Treaty First Nations: the Alderville First Nations, Beausoleil First Nation, Chippewas of Georgina Island, Chippewas of Rama, Curve Lake First Nation, Hiawatha First Nation, and Mississaugas of Scugog Island. I do not intend to speak on behalf of any communities I am not a part of. I hope to leverage my position of privilege as a cisgender white woman to amplify the efforts and voices of those doing so much work towards climate justice in their communities across the country. I want to be a part of challenging the Euro-settler-centric and Western values that currently shape climate policies, to counteract colonial and systemic barriers, ensuring that the concerns, exposures, and knowledges of diverse communities are adequately incorporated into environmental policies and projects. As Director of Policy at Shake Up The Establishment I hope to help support climate work at all scales and showcase the community-based efforts that have developed out of necessity of addressing the issues of climate justice. As a biology major and politics minor, my passion for environmental politics developed from a sense of urgency and anger about the lack of action by decision-makers to adequately address the climate crisis. I aim to hold decision-makers accountable to climate commitments as well as diversify what is currently Canada’s political climate by identifying gaps in policies and projects by responding to calls for public feedback.

Editor

Mei-Ling Patterson

Over 200 species across so-called Ontario are labelled as “at risk” (1). Species “at risk” are classified in the four following categories by the Committee on the Status of Species at Risk in Ontario (COSSARO): 

  • Extirpated: the species no longer exists in the wild in so-called Ontario, but exists in the wild elsewhere in the world (2)
  • Endangered: the species exists in the wild in so-called Ontario, but is facing extinction or extirpation (2)
  • Threatened: the species exists in the wild in Ontario, but needs interventions to avoid becoming endangered (2) 
  • Special Concern: the species is not threatened, but biological characteristics and external pressures may cause them to become threatened or endangered (2)  

 

COSSARO is an independent body of experts in Western science, Indigenous Traditional Knowledge, and community-based knowledge, who are responsible for assessing the status of species at risk in so-called Ontario (3).

Endangered Species Act, 2007

Introduced by the provincial Minister of Natural Resources at the time, the Endangered Species Act, 2007 legislated the identification of species at risk across the province through the consideration of Western science, Indigenous knowledge, and community-based knowledge, established strategies to protect species at risk and their habitats and stewardship programs to protect species at risk and promote the restoration of their populations (4). Under the Endangered Species Act, 2007, the provincial Ministry of the Environment, Conservation and Parks is mandated to create recovery strategies within 1 year of identification for species that COSSARO identifies as endangered, and within 2 years of COSSARO identifying a species as threatened (1). As of December 2024, the Ministry has established recovery strategies for 180 species at risk across so-called Ontario (1).

Bill 5, Protect Ontario by Unleashing our Economy Act, 2025 and Amendments to the Endangered Species Act, 2007

There have been many amendments to the Endangered Species Act, 2007, but Bill 5, Protect Ontario by Unleashing our Economy Act, 2025, looks to repeal the Endangered Species Act, 2007 altogether (5). Introduced by the provincial Minister of Energy and Mines, implementation of Bill 5 will make some initial amendments to the Endangered Species Act, 2007, and eventually replace it with the Species Conservation Act, 2025 (5). 

 Some of the suggested amendments to the Endangered Species Act, 2007 in Bill 5 includes: 

  • Changing the purpose of the Act to include that “social and economic considerations including the need for sustainable economic growth in Ontario” are taken into account when establishing and implementing measures to protect and conserve species at risk in the province (5) 
  • Amending the definition of “habitat” from “an area on which the species depends, directly or indirectly, to carry on its life processes such as reproduction, rearing, hibernation, migration, or feeding” as well as “dens, nests, hibernacula, or other residences” to “a dwelling place such as a den, nest or other similar place that is occupied by one or more members of the species for the purposes of breeding, rearing, staging, wintering, or hibernating” and immediate areas around the dwelling place deemed essential for carrying out the life processes mentioned (4,5)
  • Repealing sections 11-16.1 which mandated the implementation of recovery strategies, management plans, government response statements, ecosystems approaches, stewardship agreements, and landscape agreements, to instead focus on permits as the main strategy to manage the protection and recovery of at-risk species and habitats across so-called Ontario (5)
  • Amending section 17 to remove the conditions that need to be satisfied for the implementation of permits (5) 
  • Replacing the Species at Risk in Ontario Stewardship Program with the Species Conservation Program, and transitioning its purpose away from stewardship programming to focus on species conservation (4,5)

 

Bill 5 also introduces the Special Economic Zones Act, 2025, which would allow for the designation of ‘special economic zones’ in which projects and developments would be able to proceed in exemption of other Acts and municipal by-laws (5). 

 

As of May 6th 2025, Bill 5 has passed its second reading, and is headed to review by the Standing Committee on the Interior (5). This Standing Committee is responsible for reviewing and analyzing bills and topics under the jurisdiction of the following provincial ministries: Ministry of Agriculture, Food and Agribusiness; Ministry of Energy and Mines; Ministry of the Environment, Conservation and Parks; Ministry of Natural Resources; Ministry of Northern Economic Development and Growth; and Ministry of Rural Affairs (6). Following review by the Standing Committee, the Bill will go through its third reading in the Legislative Assembly before achieving royal assent and being implemented into law (7). 

Species Conservation Act, 2025

The provincial government is planning to replace the Endangered Species Act, 2007, with the Species Conservation Act, 2025 (5). The Species Conservation Act will maintain the amendments to the Endangered Species Act, while also implementing further changes, including:

  • Establishing a Protected Species in Ontario List, which will list the species identified as extirpated, endangered, and threatened by COSSARO (5)
  • Mandating the registration of activities through a Species Conservation Registry to be managed by the Minister of Environment, Conservation and Parks, who will be responsible for determining what is considered a registerable activity, as well as regulating the update, suspension, and termination of registrations (5)

Calls to Action

The proposed impacts of Bill 5 extend beyond species at risk, and will reduce environmental protections and regulations through amendments to other provincial policies including the Environmental Protection Act, Mining Act, and Environmental Assessment Act (5). It is vital that economic advancements do not come at the cost of ecosystems and species at risk. 

 

Below are a  few ways that you can help maintain adequate environmental legislation within so-called Ontario. 

  1. Submit your feedback directly to the provincial government of Ontario, through the Environmental Registry of Ontario. The comment period closes 11:59pm ET on May 17th, 2025 
  2. Call or email your MPP. You can find your representative and their contact information here 
  3. Send an email directly to the Ontario Premier using this template by Ontario Nature

References

  1. Ministry of the Environment, Conservation and Parks. How species at risk are protected [Internet]. Government of Ontario; 2014 Jul 17 [modified 2025 Jan 20; cited 2025 May 6]. Available from: https://www.ontario.ca/page/how-species-risk-are-protected 
  2. Committee on the Status of Species at Risk in Ontario. Species [Internet]. Committee on the Status of Species at Risk in Ontario; [cited 2025 May 6]. Available from: http://cossaroagency.ca/species/
  3. Committee on the Status of Species at Risk in Ontario. About COSSARO [Internet]. Committee on the Status of Species at Risk in Ontario; [cited 2025 May 6]. Available from: http://cossaroagency.ca/about-cossaro/
  4. Ramsay, D. Bill 184, Endangered Species Act, 2007 [Internet]. Legislative Assembly of Ontario; 2007 [cited 2025 May 6]. Available from: https://www.ola.org/en/legislative-business/bills/parliament-38/session-2/bill-184
  5. Lecce, S. Bill 5, Protect Ontario by Unleashing our Economy Act, 2025 [Internet]. Legislative Assembly of Ontario; 2025 [cited 2025 May 7]. Available from: https://www.ola.org/en/legislative-business/bills/parliament-44/session-1/bill-5
  6. Legislative Assembly of Ontario. Standing Committee on the Interior [Internet]. Legislative Assembly of Ontario; [cited 2025 May 10]. Available from: https://www.ola.org/en/legislative-business/committees/interior/parliament-44/mandate
  7. Legislative Assembly of Ontario. Stages of a Bill [Internet]. Legislative Assembly of Ontario; [cited 2025 May 10]. Available from: https://www.ola.org/en/visit-learn/parliament-government/legislative-process/stages-a-bill

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