As part of its broader legislative initiative under Bill 5, the Protecting Ontario by Unleashing our Economy Act, 2025 (Bill 5), the Ontario government has introduced a suite of proposed legislative reforms aimed at accelerating approvals for mining and critical infrastructure projects. One of the most consequential proposals includes significant amendments to the Endangered Species Act, 2007 (ESA).
The ESA currently prohibits harm to listed species and damage to their habitat, while establishing a permitting and registration framework for activities that could impact protected species. The proposed amendments mark a fundamental shift in the province’s regulatory landscape, with broad implications for project proponents.
The proposed legislative changes will be implemented in two stages. Key amendments to the ESA will take effect immediately upon Royal Assent of Bill 5, creating an interim framework that narrows the definition of “habitat,” streamlines the permitting process, and eliminates the option of a payment in lieu of beneficial activity. This interim framework will come to an end when the Species Conservation Act, 2025 (SCA) is proclaimed, which will replace the ESA in its entirety. However, the SCA will not come into force until the province has completed the development and public consultation process for supporting regulations.