The Endangered Species Act 2007

With the passage of the Endangered Species Act (ESA) 2007, Ontario becomes a North American leader in species at risk protection and recovery.

Ontario's original Endangered Species Act was written back in 1971.  Since then there have been big changes in the province; changes in land and resource use, planning processes, and increasing threats to our native species.  It was time for updated legislation. 

Loggerhead Shrike (Lanius ludovicianus) Status: Endangered Photo by U.S. Fish & Wildlife Services

During the year long review process we asked Aboriginal communities, industry and resource organizations, environmental groups, other partners, the ESA Review Advisory Panel, and the Ontario public for their views.  Support was strong for updated species at risk legislation.

Compared to Ontario's previous Act, the new ESA provides

 

• broader protection for species at risk and their habitats,
• greater support for volunteer stewardship efforts of private landowners, resource users, and conservation organizations,
• a stronger commitment to recovery of species,
• greater flexibility,
• increased fines, more effective enforcement, and
• greater accountability, including government reporting requirements.
  

 

Highlights of the ESA 2007

 

Science-Based Assessment

Under the ESA 2007 there is a strong emphasis on science-based review and assessment of species.  Species thought to be at risk are assessed by The Committee on the Status of Species at Risk in Ontario (COSSARO).  COSSARO is an independent body that reviews species based on the best available science, including community knowledge, and Aboriginal Traditional Knowledge.  For more information on COSSARO and the assessment process, please see What Species are at Risk in Ontario? section. 

 

What does "at risk" Mean?

Once species are classified "at risk", they are added to the Species at Risk in Ontario (SARO) list in one of four categories. Endangered, threatened and extirpated species on this list automatically receive legal protection under the ESA 2007.

 

Providing legal protection to threatened species is a change from the original Act which only applied to endangered species.  

 

Habitat is now protected

The new Act provides protection for species and their habitats.  When a species is classified endangered or threatened the habitat of that species is protected under a general definition. Visit the Habitat Protection page for more information.

 

Species Recovery

The ESA 2007 calls for the creation of recovery strategies for endangered and threatened species, and management plans for special concern species. 

 

These documents provide advice to the government on steps to take to protect and recover species at risk.  Visit the Species Recovery page for more information.

 

Greater Accountability

Built right into the ESA 2007 are timelines and reporting requirements.  For example,

 

• recovery strategies must be created within 1 year for newly listed endangered species.
• the government must also let the public know which actions will be taken for species recovery.   

 

The ESA 2007 is also responsive to Ontario's Environmental Bill of Rights. Proposed policies and regulations will be posted on the Environmental Registry for public review and comment.  View the complete list of reporting requirements and timelines in the ESA 2007.

 

There are several components of species at risk protection that, under the new Act are now legal regulations. 

 

• the Species at Risk in Ontario (SARO) list,
• General regulations to provide greater flexibility, and
• Habitat Regulations to describe the habitat of a species.

 

Focus on Stewardship

The recovery and protection of species at risk depends upon all Ontarians.  The new Endangered Species Act 2007 recognizes the importance of stewardship and includes the creation of a Species at Risk in Ontario Stewardship Program.  Through funding and outreach, the program encourages the involvement of landowners and other groups and individuals in recovery activities. To find out more, visit the Species at Risk Stewardship Program page.

 

Flexibility & Balance

The ESA 2007 contains tools that provide opportunities for the government to enter into agreements, make regulations and issue permits for a range of activities otherwise prohibited under the act. These tools enable activities that would not otherwise be permitted, as long as the intent is stewardship, protection, or rehabilitation of the species. These tools may also allow for social and economic issues to be addressed.  Please visit the Permits and Agreements page for more information.