Purposes and Principles of the Endangered Species Act, 2007
| The Last Line of Defence: A Review of Ontario’s New Protections for Species at Risk This Special Report, submitted to the Legislative Assembly of Ontario on February 24, 2009, reviews Ontario’s new Endangered Species Act, 2007 and recommends additional steps by the Government of Ontario to protect and recover species at risk and their habitats. | ||
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The law’s preamble recognizes that biodiversity is under threat globally and that the Endangered Species Act, 2007 is one method to address this crisis in Ontario. This overarching statement is a welcome advancement, providing insight into how the law should be implemented and enforced. The preamble also acknowledges that species are “being lost forever at an alarming rate” and it is “most often due to human activities, especially activities that damage the habitats of these species.” The three stated purposes of the law are:
- to identify species at risk based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge;
- to protect species that are at risk and their habitats, and to promote the recovery of species that are at risk; and,
- to promote stewardship activities to assist in the protection and recovery of species that are at risk.
The Endangered Species Act, 2007 explicitly recognizes the precautionary principle, in both its preamble and its provisions on recovery strategies. The law cites the international Convention on Biological Diversity, stating that “where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.” The inclusion of the precautionary principle is significant: it should make clear to both the government and the public how the law should be applied and implemented, especially if guidance is needed to resolve competing interests.
No Mechanisms to Prevent Species from Becoming At-Risk
The advisory panel stressed that the Ontario government must take a broad approach to conserving the province’s biodiversity in order to prevent species from becoming at-risk. The advisory panel’s report states,
- Although beyond the specific purview of the endangered species legislation, the Panel urges specific mention in the Act of other elements of Ontario’s native biological diversity that would similarly benefit from preventive measures. For those species that are not considered to be at risk or not adequately assessed, additional provisions may assist in ensuring that such species do not become at risk in the future. The Panel recommends that legislation require the Ministry of Natural Resources and partners to actively monitor Ontario’s biological diversity and to provide the resources necessary to keep our knowledge of the status of Ontario’s species up to date.
MNR did not act on this recommendation. Indeed, the ECO first urged MNR in our 2001/2002 Annual Report to “undertake a comprehensive assessment of Ontario’s current policies, regulations and Acts, and enact appropriate changes to conserve the province’s biodiversity.” This concern was again reiterated in our 2007/2008 Annual Report: “[w]hile it may be surprising to some, there is no law in Ontario that actually obligates the government even to monitor biodiversity, let alone expressly conserve it across the province.” It is imperative that action be taken by the Ontario government to prevent species from becoming imperilled and, ideally, view the application of the Endangered Species Act, 2007 as the last line of defence.
| Recommendation 1:
The Environmental Commissioner of Ontario recommends that the Government of Ontario establish a statutory responsibility for monitoring and reporting on the state of the province’s biodiversity. |
Citing This Article:
Environmental Commissioner of Ontario. 2009. The Last Line of Defence: A Review of Ontario’s New Protections for Species at Risk, ECO Special Report, 2009. Toronto, ON : Environmental Commissioner of Ontario. pp. 13-14
