Ontario’s Endangered Species Act – The Latest Victim
The Aurora Trout is listed under Ontario’s Endangered Species Act.
Photo from www.auroratrout.com
In December, Ontario’s Ministry of Natural Resources (MNR) released a proposal that would allow for major changes to Ontario’s Endangered Species Act. It essentially removes the permitting process required by the Act, which ensures that no harm is done to a species as a result of an activity, and turns it into a process where requiring a permit is the exception. The Ministry argues that these changes “would balance the protection and recovery of species at risk,” while making the Endangered Species Act easier to implement by providing “up-front conditions for individuals and businesses to follow.”
The proposed changes are ambiguous at best. They lack details on items such as what exact activities would be listed under the new streamlined approach (and therefore not require a permit). A few examples are listed in the proposal such as, “Activities that will assist in the protection or recovery of species at risk or address broader conservation initiatives,” but what other activities would the MNR consider to under this change? It leaves the door open for industry to have a loophole around the ESA. If the MNR does not require an application and review process for certain activities, it cannot ensure that activities are carried out in a proper method that does no harm to a species at risk.
That the proposed changes are meant to ‘achieve administrative efficiencies’ should come as no surprise. Due to a large number of cutbacks the MNR no longer has the staff that it once did. However, weakening the implementation of the Endangered Species Act is not the best response to these problems.
One line that really stands out of the proposal is:
These proposals would allow existing or planned activities which have received approval under other applicable legislation to proceed subject to conditions in regulations while balancing the protection and recovery of species at risk.
“Other applicable legislation.” If you read about the recent changes made by the Federal government to the Navigable Waters Protection Act, you may see a pattern here. The Federal government responded to criticism that they were weakening environmental protection in changing that Act, by arguing it was never meant to to provide environmental protection and there was other legislation in place for that. They ignored the case law that actually acknowledged the Navigable Waters Protection Act as legislation to aid in environmental protection. By removing protections in place from various pieces of legislation, governments make it easier for industry to get around laws that cause them a headache.
While there are certainly some good points made in the proposal, the ambiguity and lack of details make it difficult to support at this point. For a breakdown of concerns regarding this proposal, see the David Suzuki Foundation’s Comments, and the article written by Anne Bell, director of conservation for Ontario Nature.
If you would like to voice your comments in regards to this proposal, please do so by January 25th, 2013, when the commenting period closes. The Sierra Club has also provided an easy way to comment in the form of a letter that can be found here.
Whether you support or disagree with this proposal, it highlights the need for the public to be aware about what our governments are doing. Environmental legislation is being targeted quite frequently, and often in a quiet way that the most people will never hear about. It is up to us to stay informed.
argosgirl
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The same sort of thing is happening down here with regard to existing environmental legislation. Thanks for the heads up. We’ve got to stay vigilant and voice our concerns.
Unfortunately, it seems to be happening everywhere. Nothing will change unless we pay attention and stand up for what we believe in. I’m trying to make my days a little less busy so I can pay attention to the bigger picture, but I completely understand why many people find it’s just one more thing they can’t find time to worry about. As always, thanks for reading!