David Browne, Senior Vice-President, Conservation & Policy
Ontario has announced plans to eliminate its Endangered Species Act. This is a significant step backwards for bird conservation in the province. The change would end provincial legal habitat protection for endangered and threatened birds, as the proposed new Species Conservation Act will only provide protection for the “dwelling place” or nest. Habitat conservation would only be achieved through voluntary measures or federal government intervention.
Let the Ontario government know you care deeply about the future of at-risk birds and want to see the forests, wetlands, and grasslands they depend on protected for future generations. You can add your voice for habitat protection by leaving a comment through the Environmental Registry of Ontario before May 17th. Keep reading for prompts to support your submission.
Significance of the proposed changes to bird conservation:
- Ontario will place a much greater emphasis on economic growth in deciding when and where to protect and conserve species at risk. This means new development will be even less likely to avoid impacts to species and natural areas.
- Ontario will no longer apply provincial protection to birds and their nests if they are listed under the federal Species at Risk Act. This means the province could step back from compliance, enforcement, and recovery.
- Ontario will no longer have regulatory tools to protect the habitat where threatened and endangered birds nest and feed. Habitat protection will be voluntary on both private and provincial land.
- Ontario will not develop recovery strategies and actions for any endangered species, including birds. Instead, the government would “focus the development of conservation guidance when and where it is needed and makes sense to do so.” As a result, the survival and recovery of endangered birds such as Piping Plover, Prothonotary Warbler and Red-headed Woodpecker will need to look to federal plans as the province appears to be stepping back from efforts to support their conservation.

Red-headed Woodpecker. Photo: Trisha Snider

Prothonotary Warbler. Photo: Katherine Waybrant

Piping Plover. Photo: Aaron Roberge
When leaving a comment, Birds Canada suggests you express in your own words:
- How you value birds and natural areas and see them as an important part of your life and the identity of Ontarians.
- That you strongly believe Ontario should protect habitat for migratory birds, and you don’t see any plan for this in the proposed legislation and the new Species Conservation Program.
- The proposed new Species Conservation Act will only provide protection for the “dwelling place” or nest and immediate surrounding, but not the forest, wetland, grassland or other habitat in Ontario that birds require to survive. Federal laws do not protect habitat for migratory birds on private or provincial crown land, as the government’s rationale for the change incorrectly suggests.
Consider adding any of the following points you agree with, adding your thoughts and opinions:
- The existing habitat definition and protections of the Endangered Species Act should be retained. They provide a clear approach to conserving Ontario’s most at-risk birds, and any issues of delays or lack of clarity can be dealt with through improvements in process.
- At a bare minimum, legal protection for threatened and endangered birds should continue to exist for habitat on provincial crown land, just as the federal Species at Risk Act habitat protections apply to federal crown land.
- Incentives for habitat protection on private land must include funding for conservation easements and purchase of land by land trusts, and the annual budget of the new Species Conservation Program should be sufficient to make this meaningful.
- Ontario’s threatened and endangered birds need plans for their survival and recovery. The proposed changes eliminate the requirement to develop recovery plans and propose no meaningful alternative. Without recovery plans, the new Species Conservation Program will not be able to set priorities, and businesses and the public will not have guidance on the most important places to protect and actions to take.
- Indigenous leadership, voices, knowledge, and ongoing work on the land are critical for wild birds to thrive in sustainable ecosystems. The proposed legislation must respect Indigenous rights and the duty to consult.
Be the voice for birds by leaving a comment through before May 17th.