Ontario Proclaims Species Conservation Act, 2025 to Streamline Approvals and Support Infrastructure Growth

Ontario’s Ministry of Environment, Conservation and Parks (MECP) officially enacted the Species Conservation Act, 2025 (SCA) on March 30, 2026, replacing the previous Endangered Species Act, 2007 (ESA). The new legislation, introduced as part of Bill 5, Protect Ontario by Unleashing Our Economy Act, 2025, represents a significant shift in how species at risk are managed in the province.

The SCA aims to reduce regulatory redundancy, offer greater certainty for proponents and accelerate infrastructure delivery by adopting a "registration-first" approach. A core objective of the SCA is to balance environmental stewardship with Ontario’s social and economic needs. The Act introduces the ability for the province to consider economic impacts and the need for sustainable growth when making listing and protection decisions.

Key Changes for the Aggregate Industry

The transition to the SCA introduces several administrative and regulatory updates impacting OSSGA members and the broader resource sector:

• Species Conservation Registry: A new centralized registry has been established to manage authorizations. This digital platform is designed to reduce the "paperwork burden" by allowing proponents to register activities, update project information and submit monitoring reports in a single, digital portal.
• Registration-First Approach: Under the new framework, many activities that previously required a lengthier permit process can now be completed via the streamlined online registration system. This enables projects to progress more quickly, provided proponents adhere to clear, enforceable rules (e.g., the preparation of a conservation plan by a qualified professional). Under the SCA, permits requiring approval by the Minister still apply to select high risk activities.
• Modernized Habitat Definitions: The SCA narrows the definition of "protected habitat" to provide greater geographic precision. For many species, protection will now focus on "dwelling places" (such as dens or nests). This change aims to enhance clarity for land-use planning while ensuring protections for the most vital areas of species' lifecycles.
• Streamlined Species Protections: Protected species are now listed on the Protected Species in Ontario List. The List must reflect Committee on the Status of Species at Risk in Ontario (COSSARO) classifications, and the government has the discretion to add or remove species. To reduce duplication, aquatic species and migratory birds have been removed from the List because they are federally protected under the Species at Risk Act and the Migratory Birds Convention Act.
• Transition of Existing Permits: To ensure business continuity, the government has confirmed that permits and agreements issued under the former ESA will be transitioned and deemed valid under the SCA.

If you have any questions or would like to discuss the SCA, please contact Alexandria Fisher from OSSGA or the SCA team from MECP at scareg@ontario.ca.