Ontario Proposes Significant Changes to the Forthcoming Species Conservation Act, 2025

Introduction

The Ontario Ministry of the Environment, Conservation and Parks (MECP) has released significant proposed legislative and regulatory amendments to support the coming into force of the Species Conservation Act, 2025 (SCA). The SCA, which was passed on June 4, 2025, as part of Bill 5: Protect Ontario by Unleashing our Economy Act, 2025, will replace the current Endangered Species Act (ESA) once proclaimed into force. It sets out a new framework for species conservation in Ontario intended to move the province towards a streamlined “registration-first” approach to projects that may impact species at risk, with the stated objective of supporting faster development by speeding up provincial approvals. However, because this framework depends on supporting regulations for its substance, the details of this forthcoming legislative regime have remained unclear until now.

The proposal, posted to the Environmental Registry of Ontario (ERO) on September 26, 2025, summarizes five proposed regulations as well as amendments to the SCA and other legislation, and provides clarity on which species will be protected under the SCA, the types of activities that will be authorized through an online registration process, the conditions that must be met by a person engaging in a registered activity, the types of activities that require a permit from the MECP, and the activities that will be exempt from the SCA’s permitting and registration requirements. Additionally, the proposal describes the proposed rules governing the transition from the ESA to the SCA.

Proposed Regulations

1. The Protected Species in Ontario List Regulation will contain a list of approximately 169 species receiving protection under the SCA, along with the classification assigned to each by the Committee on the Status of Species at Risk in Ontario (COSSARO), i.e., whether they are classified as extirpated, endangered or threatened. The proposed list encompasses all species currently on the Species at Risk in Ontario List (O. Reg. 230/08), with two exceptions:

• 64 species classified as “special concern” by COSSARO, which are not currently protected under the ESA
• 42 aquatic and migratory bird species that are already listed as extirpated, endangered or threatened under the federal Species at Risk Act and which are excluded from the proposed list to avoid duplication

2. The Registration Regulation will, once made, establish registration requirements for activities that qualify for registration under the SCA and the conditions that must be met in order to conduct registerable activities in compliance with the Act. Under the SCA, any activity that may adversely impact a protected species must be registered unless the activity is already exempted from the SCA or prescribed as an activity that requires a permit, which is why the SCA regime is said to take a “registration-first” approach to species conservation.

The rules that apply to registerable activities can be divided into two categories: (i) those that are common to all registerable activities and (ii) activity-specific requirements that may apply to certain activities depending on the impacted species and/or habitat or the severity of the anticipated impacts. Common requirements contemplated by the MECP include the requirement to provide project information when registering an activity and the requirement to engage a qualified professional to develop site-specific conservation plans. Specific requirements are contemplated for, among other activities:

• Activities impacting Boreal Caribou
• Activities involving impacts to unhealthy Butternut or Black Ash trees
• The operation of infrastructure that may pose a considerable risk of impact to species or species habitat
• Activities undertaken in response to a non-imminent threat to human health or safety

The ERO posting states that additional conservation measures may be required in certain circumstances to mitigate lasting impacts and that, in some situations, the person proposing to engage in the activity may have several options about how to comply with the regulation, such as creating, enhancing or restoring species’ habitat, mitigating long-term impacts to local species’ populations or supporting research initiatives.

3. The Permit Regulation identifies activities that require a permit, rather than registration, before proceeding, specifically (i) killing a protected species where the activity is not eligible for registration and does not fall within an applicable exception, and (ii) introducing or reintroducing protected species into an area where the species does not currently inhabit.

4. The Exception Regulation identifies activities that may proceed without a registration or permit. Significantly, the MECP generally proposes to retain the current exceptions set out in O. Reg. 242/08 made under the ESA, which relieve individuals from the requirement to obtain a permit or registration. However, the MECP contemplates removing exemptions that are spent or relate to species that will not be protected under the SCA. It also proposes to extend the existing commercial cultivation exemption to include individuals who possess a plant originating from a commercial cultivator.

5. The Transition Regulation establishes the rules for transitioning from the ESA to the SCA. Under the proposed regulation, individuals engaging in an activity authorized under an ESA permit, agreement or conditional exemption that requires notice through the Species at Risk Registry may continue the activity, subject to requirements applicable under the ESA. Significantly, this means that the definition of habitat that was in effect at the time a permit, agreement or registration was finalized will continue to apply, notwithstanding the recent narrowing of that definition by Bill 5. In addition, conditions contained in ESA permits, agreements and registrations will apply to the extent the impacted species remains subject to the SCA.

The MECP proposes to allow persons to request the cancellation of certain permits, agreements and registrations so that they can apply for a new registration or permit under the SCA. In addition, changes to an activity that result in impacts to a new species will require a new registration or permit. For ESA registrations, only administrative amendments will be permitted after December 31, 2026, meaning that changes to a registered activity creating new impact will require a new registration or permit under the SCA after that date.

Proposed Regulatory Amendments Under the Environmental Bill of Rights

The MECP proposes to exempt all permits and orders issued under the SCA from the requirements of Part II of the Environmental Bill of Rights, 1993 (EBR). This exemption would relieve the MECP from posting a public notice on the ERO. As a result, members of the public would not have the right to comment, make oral representations or exercise other participatory rights contemplated under section 24 of the EBR. Nevertheless, the MECP proposes to make the SCA subject to certain other parts of the EBR that, among other things, give residents of Ontario the right to ask ministries subject to the EBR for either a new policy, act or regulation, or to review an existing policy, act, regulation or instrument, or request that a ministry investigate an alleged contravention of the SCA, a regulation or an order or permit issued thereunder.

Key Takeaways

The ERO proposal gives stakeholders clarity on which species the MECP proposes to protect under the SCA and whether existing exemptions under the ESA will be preserved. However, whether a registration or permit will be required for a specific activity impacting a protected species remains uncertain and potentially subject to change based on stakeholder input.

The MECP’s proposal is currently open for public comment until November 10, 2025. For further information or for assistance with submitting comments on these proposed amendments, please contact the authors or any other member of our Toronto Environmental group.