Ontario 's Environmental Commissioner has drawn attention to the urgent need for new endangered species legislation in four Annual Reports over the past six years. The Commissioner has expressed concern about the species designation process, the lack of protection for threatened and vulnerable species, the inadequate approach to habitat protection, deficient recovery planning, and the insufficient resources dedicated to species at risk programs. The Commissioner further points out in the 2004-2005 report that there have been only six prosecutions since the Act was passed, and that leading experts on species at risk in Canada agree: "an overhaul of Ontario 's measures to protect species at risk is long overdue" (p. 149).

ECO, 2004 - 2005 Annual Report :

"Only approximately a quarter of Ontario 's 162 species at risk are afforded any of the limited protections of the antiquated ESA - and there have only been six prosecutions since its enactment in 1972." (p. 149)

"There is consensus among the leading experts on species at risk in Canada that an overhaul of Ontario 's measures to protect species at risk is long overdue." (p. 149)

"The current legislation neither requires nor even mentions recovery planning for species at risk." (p. 150)

"MNR's new mission of ecological sustainability represents an ideal opportunity for the ministry to expand and develop programs that protect Ontario 's species at risk. Such species merit protection for their own sake, but they also serve as a valuable barometer of the state of Ontario 's natural environment. The ECO believes that concerted and measurable action by the government to protect these species will benefit all Ontarians." (p. 151)

ECO, 2002 - 2003 Annual Report :

"MNR should undertake a comprehensive assessment of Ontario 's current policies, regulations and statutes, and enact appropriate changes to conserve the province's biodiversity." (p. 137)

"The ECO is concerned that MNR is unreasonably delaying the regulated protection of these species because of protracted landowner consultations. While consulting affected landowners and obtaining their goodwill is laudable, it should not be at the expense of the necessary legal protection that should be given these species." (p. 137)

"In our 1999/2000 and 2001/2002 annual reports, the ECO reported that species at risk are inadequately protected in Ontario because of a confusing blend of generally outmoded and ineffective laws and policies. The ECO has encouraged MNR to initiate the necessary public debate to assess options that would effectively prevent the loss of species and the their habitat in Ontario , including options to improve recovery planning and implementation. However, Ontario 's legislative, regulatory and policy frameworks remain essentially unchanged." (p. 137)

"In the past, the ECO has also commented on the discrepancy between the number of endangered species in Ontario listed by COSEWIC and those regulated by MNR under the ESA. The ECO also recommended that MNR develop a provincial biodiversity strategy to guide such decision-making. Most of the legislation dealing with biodiversity issues - including the ESA - is outdated and requires revision." (p.137)

"The ECO encourages MNR to follow through on the goals the ministry has set internally for its staff - to revise the ESA and the regulations that should protect Ontario 's species at risk, and to ensure that these revisions harmonize with and complement the federal Species at Risk Act. Any revisions of the existing legislation should include measures to recognize and afford protection to Ontario 's endangered and threatened species, in addition to species of special concern." (p. 138)

"The ECO recommends that the Ministry of Natural Resources create a new legislative, regulatory and policy framework to better protect Ontario 's species at risk and to conform with federal legislation." (p. 138)

ECO, 2001 - 2002 Annual Report :

"Species at risk require a broad definition of habitat so as to include potential areas of recovery. Habitat loss is consistently among the greatest threats to species at risk. Ontario has committed to the Canadian Biodiversity Strategy, and in order for MNR to implement the strategy, it should protect and restore 'viable populations across their natural historical range. (p. 101)

"The ECO reported in its 1999/2000 annual report that species at risk are inadequately protected in Ontario because of a confusing blend of generally outmoded and ineffective laws and policies. The legislative, regulatory and policy frameworks remain relative unchanged since that time. The ECO encourages MNR to initiate the necessary public debate to assess options to prevent the effective loss of species and their habitat in Ontario , including options to improve recovery planning and implementation." (p. 101)

ECO, 1999 - 2000 Annual Report :

"Our analysis has shown that species at risk are inadequately protected in Ontario because of a confusing blend of generally outmoded and ineffective laws and policies."(p. 48)

"Our analysis suggests that the existing regulatory and policy framework for the protection of species at risk is in need of an overhaul. The issues of the criteria and timeliness of endangered species designation and the lack of protection for vulnerable and threatened species should be addressed. The ECO notes that at present insufficient staff resources have been dedicated to this program." (p. 51)

For the full reports, see http://www.eco.on.ca/english/publicat/index.htm

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