As the Doug Ford government moved forward with plans to replace the Endangered Species Act with new legislation, staff from the province’s natural resources department expressed worries about weaker habitat protections, less oversight, and new enforcement gaps, according to documents obtained by The Narwhal.
In March 2026, the Endangered Species Act was officially succeeded by the Species Conservation Act, which limits or removes provincial protections for various threatened plants and animals.
Now, a collection of 275 pages of records-some available publicly and others accessed via freedom of information requests-reveals that provincial bureaucrats were anxious about the consequences of these changes. Municipalities and Indigenous groups also voiced their concerns before the government enacted the law regardless.
The new act permits most projects related to housing, mining, or other industries to commence as soon as proponents register online, replacing an expert review process for permit applications. This approach “may weaken oversight and accountability, as self-regulation can be variable and potentially unreliable,” states feedback from November 2025 from Ontario’s Ministry of Natural Resources’ fish and wildlife policy branch to the provincial Ministry of the Environment, which mainly oversees species at risk. “Proponents may also misinterpret or manipulate rules and regulations.”
Concerns were also raised by the natural resources ministry regarding how the Species Conservation Act exempted several development actions from part two of the Environmental Bill of Rights. This section mandates that applications involving potential harm to wildlife be publicly posted on the provincial environmental registry. Without this requirement, public review and comment opportunities are lost.
“The [Environmental Bill of Rights] was created to ensure that people in Ontario can participate in decision-making processes,” reads similar feedback sent via email from the Ministry of Natural Resources. “Suggest being cautious if exempting [Species Conservation Act] permits and orders … as this may be seen as a way to avoid transparency, accountability and undermine public trust.”
Neither the Ministry of Natural Resources nor the Ministry of the Environment responded to The Narwhal’s detailed questions about this feedback by publication time.
In April, when asked by The Narwhal at a press conference about these issues, Premier Doug Ford stated that such changes are necessary for industry growth in Ontario.
“As I’ve said, we aren’t going to hold up Highway 413 or Bradford Bypass over a grasshopper-not happening,” Ford said regarding two highway projects that will cut through protected Greenbelt land and farmland. “We have a mandate to build. We’re going to build while respecting our environment at all costs.”
Thousands of public comments concerning endangered species protections were overlooked: lawyer
Kerrie Blaise, an attorney with Legal Advocates for Nature’s Defence based in northern Ontario, pointed out that many issues persisted even after final legislation was passed despite prior warnings.
This includes eliminating requirements for some permits concerning projects potentially harmful to species from being publicly posted.
“It’s a very sweeping exemption,” Blaise noted. “It means we won’t know who is behind these projects or where they’re taking place … basic details like when it’s happening or what harm might occur will not be disclosed.”
Blaise had voiced her concerns prior to enactment as well. She informed The Narwhal that Legal Advocates for Nature’s Defence submitted over 6,500 signed form letters urging reconsideration-or even repeal-of Bill 5 aimed at dismantling the old act in favor of new legislation. Currently, her organization represents two Indigenous interveners challenging this bill’s constitutionality in court.
Blaise mentioned it was encouraging that natural resources staff raised their voices on these matters. “I truly believe there are dedicated individuals with expertise here … but their knowledge isn’t being respected,” she said.
“There are knowledgeable people who could guide government decisions positively; it’s disheartening when those voices within [the government] go unheard.”
Blaise added she sees no evidence in final legislation indicating any adjustments made due to either staff concerns or thousands of public comments submitted.
“If Ontario truly intended to respect what people were saying … we’d have a very differently worded Species Conservation Act,” Blaise remarked.
The documents reveal that staff from Ministry of Natural Resources cautioned against excluding federally protected species from provincial protections because it “could create regulatory gaps and inconsistencies.” This concern aligns with worries raised by environmental groups too.
The province has contended that several species-including redside dace-a minnow central to worries surrounding Highway 413 development-are already safeguarded under federal laws.
While federal authorities can extend emergency protections onto provincial lands rarely do so; moreover federal protection usually only applies individually under their own Species At Risk Act along with habitats on federal properties like national parks or First Nations reserves. Such areas account for less than five percent range inhabited by most terrestrial at-risk species whose larger habitats across Ontario are now unprotected.
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