Environment Defence goes after the provincial government for repealing critical endangered species legislation

By Gazette Staff

April 2nd, 2026

BURLINGTON, ON

Environmental Defence spoke out loudly about the Ontario government decision to remove all provincial protection measures for endangered and threatened migratory birds and aquatic species, ceding responsibility to the Government of Canada.

Certainly not the prettiest animal – but a part of the creatures that make the environment what it is.

It has done this by bringing into force its repeal of the Endangered Species Act. The new and much weaker Species Conservation Act, does not apply at all to at-risk fish and birds. These changes create a dangerous gap in protection. That is why five of Ontario’s leading conservation organizations are calling on the Minister of the Environment, Climate Change and Nature and the Minister of Fisheries and Oceans to close that gap immediately, with a combination of stepped-up enforcement, emergency protection orders and new habitat protection orders, under the federal Species at Risk Act.

To hear the sound of these woodpeckers and then actually see them is a true joy. Destroy the habitat they live in, and we lose them.

“The Ontario government’s repeal of its Endangered Species Act poses an imminent threat to the survival of federally threatened and endangered fish and birds. Those species can’t wait years – or even months – for a federal protection replacement. Canada’s Species at Risk Act gives Minister Dabrusin, Minister Thompson and the federal Cabinet all the tools they need to reinstate lost species and habitat protections with a few penstrokes – as federal orders. There can be no excuse for refusing to do that,” said Phil Pothen, Counsel and Ontario Environment Porgram Manager with Environmental Defence.

The official removal of all 42 aquatic species and all 18 migratory birds from Ontario’s list of endangered and threatened species is one of the most serious consequences of the repeal of Ontario’s Endangered Species Act, once celebrated as a gold standard in species protection. It is being replaced with the far weaker Species Conservation Act.

While the full repeal of the Endangered Species Act is only coming into force now, the earlier reductions in provincial protection that took place when Bill 5 received royal assent on June 5, 2025 continue today.

In particular,  the provincial government has removed recognition of most habitat not adjacent to “dwelling places” even for those endangered and threatened species Ontario still recognizes. The Ontario government has also ended provincial recognition for species classified as ‘special concern.’ The delisted species – numbering 106 in total – range from those Ontarians could encounter close to home, such as the Eastern Mole, Eastern Musk Turtle, Red-headed Woodpecker and Redside Dace, to those few will ever see, like the Cougar.

The legislation will destroy the habitat these turtles need to stay alive.

“Species of special concern are in dire need of monitoring and proactive planning,” said Rachel Plotkin from the David Suzuki Foundation. “Without it, their slide toward extinction will only accelerate.”

“In the middle of a biodiversity crisis, the Government of Ontario is choosing to sacrifice our most vulnerable species,” said Tony Morris from Ontario Nature. “We need economic solutions that operate in harmony with nature, not in conflict.”

“The Ontario government is passing the buck for protecting at-risk migratory birds and aquatic species to the federal government,” said Katie Krelove from the Wilderness Committee. “The health of these species is dependent on the health of their habitats, so Canada must step in to ensure the protection of the natural areas that support these species.”

ABOUT ENVIRONMENTAL DEFENCE (environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.