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On March 30, 2026, Ontario’s Species Conservation Act (“SCA”)1 came into force, repealing the Endangered Species Act (“ESA”).2 The SCA represents the most significant overhaul of Ontario’s species at risk framework in nearly two decades. It seeks to protect species while supporting economic development and shifts the responsibility for compliance and environmental management from the government to project proponents.
The new SCA system replaces the ESA’s prohibition-based model with a “registration-first” approach that emphasizes project-level conservation planning, professional accountability, and reduced ministerial oversight.3 For industries such as resource extraction, housing, and infrastructure, the SCA changes how project impacts are authorized, how species protection is planned and monitored, and how compliance risks are managed.
This bulletin provides a summary of the new SCA regime and some of the key changes for proponents to be mindful of in navigating their species conservation obligations on new and existing projects.
Key Changes and Their Implications
I. Registration-First Framework (SCA, s. 16)
The SCA replaces the ESA’s prohibition-based model with a three-track system:
- Registrations
- Permits
- Exemptions4
| Registration Sections 17(1)-20 |
|
| Permits Sections 21-22 |
|
| Exemptions Sections 16(3)-16(7) |
|
For most projects under the SCA, registration replaces permits as the main authorization process, shortening timelines but placing greater accountability on proponents for accurate and complete filings. The Ministry retains authority to audit, suspend, or issue corrective orders if mitigation is deficient. Early engagement with the Ministry remains prudent to confirm acceptable standards to support registrations and avoid compliance issues and potential enforcement action.
II. Habitat: Narrower Application in Practice (SCA, s. 2)
On its face, the SCA8 uses a definition of “habitat” that is similar to the ESA.9 The definition focuses on areas a species is actively using, including an occupied den, nest, or similar dwelling and the immediately surrounding area that is essential to key life functions.
However, the SCA applies this definition more narrowly as it generally only captures areas that species currently occupy and depend on. In particular, areas in which a species “indirectly” depend for carrying on its life processes is no longer included in the definition. This narrowing reduces the amount of land that is automatically regulated and may open more sites for development.
Even so, proponents should proceed with caution. The Minister can issue habitat-protection orders for areas outside the statutory definition if they are essential to a species’ survival.10 Transitional rules may also preserve the broader ESA‑era definition for existing permits, agreements, approvals (see below the chart under Transition Provisions and Next Steps). Federal species protections or municipal environmental policies may also invoke broader habitat protections than the SCA.
III. Revised Species List and Federal Carve-Out (SCA, ss. 4, 14)
The SCA establishes a new Protected Species in Ontario List, which currently includes 168 species classified by the Committee on the Status of Species at Risk in Ontario (“COSSARO”) as extirpated, endangered, or threatened.11 This replaces the former Species at Risk in Ontario (“SARO”) List, which also included species of “special concern”.12
The SCA excludes species that are already protected under federal laws, specifically migratory birds covered by the Migratory Birds Convention Act (“MBCA”)13 and aquatic species listed under the Species at Risk Act (“SARA”).14 The carve-out is intended to avoid duplication between federal and provincial regimes because these species fall under the federal constitutional powers over fisheries and migratory birds.
For project proponents, this means fewer species are regulated provincially but federal obligations remain in full effect. Projects affecting both terrestrial and aquatic or migratory bird habitats may still be subject to dual compliance requirements. Early review of both frameworks will help prevent delays and to align permitting strategies from the outset.
IV. Removal of Recovery Documents
Under the former ESA, the province was required to prepare “recovery strategies” which were science-based plans identifying actions necessary for a species’ recovery, followed by response statements describing how the government would implement those actions.15 The SCA eliminates these requirements. Instead, proponents and their consultants must prepare project-specific conservation plans that outline mitigation and conservation measures appropriate for their site.16 This approach provides flexibility for proponents but simultaneously requires rigorous scientific support and professional judgment.
Although registration is proponent-driven, the Ministry still reviews submissions for completeness and may request additional information or issue mitigation orders if project impacts are not adequately addressed. Early consultation with the Ministry may reduce the risk of post-registration enforcement.
V. New Anti-Extirpation Prohibition (SCA, s. 15)
Despite loosening other restrictions, the SCA introduces a strict safeguard: no person shall engage in an activity that causes, or is likely to cause, a species to disappear from the wild in Ontario.17 This anti‑extirpation rule cannot be overridden by registration, permit, or regulation. While expected to rarely apply, it functions as an environmental “backstop” that proponents should consider in cumulative effects assessments.
VI. Extended Limitation Period (SCA, s. 56)
Enforcement timelines are longer under the SCA. Prosecutions may now begin within five years of an offence first coming to the attention of a provincial officer, rather than five years from when the offence occurred.18 This change extends potential exposure for non‑compliance and heightens the importance of thorough record-keeping and retention for significantly longer than the common 5 to 7 year period, given the discoverability component of the limitation period provision.
VII. Unchanged Penalties (SCA, s. 53)
Penalty levels remain the same:
- Corporations: Fines up to $1 million for a first offence and $2 million for subsequent offences.
- Individuals: Fines up to $250,000 for a first offence and $500,000, or imprisonment up to one year, for subsequent offences.19
Transition Provisions and Next Steps
All ESA permits, agreements, and registrations remain valid under the SCA, and their existing conditions continue to apply. The broader ESA habitat definition still governs activities conducted under these “deemed” instruments until they expire or proponents choose to transition to new SCA registrations or permits.20
The Transitional Matters Regulation under the SCA ensures continuity between frameworks.
| Transition of Existing ESA Authorizations | ||||
| Type of Authorization under the Former ESA | Status under the SCA | Applicable Habitat Definition | Can it be Amended?21 | Key Deadlines and Notes |
| ESA Permits | Deemed to be SCA permits, and existing conditions continue to apply.22 | Broader ESA habitat definition continues to apply. | Yes, only by Ministerial decision (not limited to adding species).23 | Proponent may request transition to a new SCA permit under s. 22. If so, the new SCA “habitat” definition applies.24 |
|
ESA Agreements |
Continued as agreements under the SCA. | Broader ESA habitat definition continues to apply. | Yes, by mutual consent of the parties (but cannot add new species).25 | May be amended or terminated by agreement.26 |
| ESA Conditional Exemptions (Activities registered under a former regulation) |
Deemed to be SCA registrations. | Broader ESA habitat definition continues to apply. | No (substantively), cannot add new species and only limited updates permitted.27 | Updates permitted until July 1, 2027. After that date, a new registration under the SCA is required.28 |
| New Projects Started After March 30, 2026 | Must obtain a new registration or permit under the SCA. | Narrower SCA habitat definition applies. | Standard SCA process. | Follows registration-first or permit process under the SCA.29 Transitional provisions no longer apply. |
Proponent Action Items
Proponents should implement the following action items to ensure compliance with the SCA on their projects:
- Integrate SCA requirements into project design, environmental management, and due diligence systems from the outset.30
- Engage qualified professionals early to prepare conservation plans that meet the SCA’s technical and procedural standards.31
- Maintain thorough records and retain supporting documents to demonstrate compliance, given the SCA’s extended five-year limitation period.32
- Monitor forthcoming Ministry guidance which is expected in 2026 and will provide direction on assessing project impacts, delineating habitat, and completing registrations through the SCR.33
- Consider Transition Regulation and whether any transition provisions apply to existing projects, permits or agreements issued under the ESA.
Areas to Watch
Several components of the SCA regime remain in development and warrant monitoring:
- Policy Guidance: The Ministry is developing technical guidance on assessing project impacts and identifying habitat. Draft materials are expected for public consultation in late 2026.34
- Constitutional Challenge to Bill 5: A Notice of Constitutional Question and Notice of Application were, filed on April 8, 2026, alleging that the legislation unlawfully delegates legislative authority to Cabinet and is unconstitutional. As the SCA was enacted through Bill 5, this challenge may have downstream implications for the SCA’s validity, scope, and the stability of approvals issued under it.
- Federal Coordination: Projects impacting aquatic species, migratory birds, or other federally protected species will still require alignment with the federal regulators, specifically Environment and Climate Change Canada, Fisheries and Oceans Canada, and Parks Canada, to ensure compliance under SARA and the MBCA.
- Species Conservation Registry: The portal is operational for new registrations, allowing account creation, form submission, and document uploads. However, some advanced features, such as editing existing entries, updating project data, multi-species filings, and batch reporting remain in development. The Ministry has planned phased updates to the portal. Proponents should verify access early and monitor MECP Registry notices for new features and instructions.35
Footnotes
1. Species Conservation Act, 2025, SO 2025, c 4, Sched 10 SCA. .
2. Endangered Species Act, 2007, SO 2007, c 6 ESA. .
3. Ministry of the Environment, Conservation and Parks, Species Conservation Act Implementation – Information Session (April 2026) MECP Information Session. .
4. SCA, ss.16-19.
5. SCA, s. 18(2).
6. SCA, ss. 18-19.
7. SCA, ss. 21-22.
8. “Habitat” under the ESA includes: (a) for animal species, an occupied or habitually occupied dwelling place (e.g., den or nest) and the immediately surrounding area essential for breeding, rearing, staging, wintering or hibernating; (b) for vascular plants, the critical root zone; and (c) for other species, any area on which the species directly depends to carry on its life processes. The definition excludes areas of former occurrence or potential reintroduction unless current members depend on them to carry on their life processes (s. 2(2)).
9. ESA, as amended by Protect Ontario by Unleashing our Economy Act, 2025, S.O. 2025, c. 4, Sched. 2, s. 2. “Habitat” includes: (a) for animal species, an occupied or habitually occupied dwelling place (e.g., den or nest) and the immediately surrounding area essential for breeding, rearing, staging, wintering or hibernating; (b) for vascular plants, the critical root zone; and (c) for other species, any area on which the species directly depends to carry on its life processes. The definition excludes areas of former occurrence or potential reintroduction unless current members depend on them (s. 2(2)). Transitional provisions preserve the pre-amendment (broader) habitat definition for specified existing authorizations, agreements, permits, orders, and related instruments (s. 2(3)-(4)).
10. SCA, s. 37.
11. O. Reg. 60/26.
12. ESA, s. 5(1)(5); Species at Risk in Ontario List, O Reg 230/08, Schedule 4.
13. Migratory Birds Convention Act, S.C. 1994, c. 22.
14. Species at Risk Act, S.C. 2002, c.29.
15. ESA, ss. 11-12.
16. SCA, ss. 16-19; O. Reg. 75/26, Schedules 1–3.
17. SCA, s. 15.
18. SCA, s. 56.
19. SCA, s. 53(1).
20. O. Reg. 62/26, s.3(1).
21. ESA permits can be amended for reasons other than adding new species, at the Minister’s discretion, and the Regulation does not prescribe or limit the specific reasons for amendment. ESA agreements can also be amended for other reasons by mutual consent of the parties, but they cannot be amended to add new species, and the Regulation does not list specific permissible reasons (O. Reg. 62/26, ss. 5-6).
22. SCA, s. 5(1).
23. O. Reg. 62/26, s.3(1).
24. O. Reg. 62/26, s. 3(1); SCA, ss. 22 and 2(1).
25. Ibid s. 3(2).
26. O. Reg. 62/26, s. 3(2).
27. Ibid s. 4(1)-(3).
28. O. Reg. 62/26, s. 4(1)-(3).
29. SCA, ss.14-19, and 21-22.
30. SCA, ss. 16-19.
31. O. Reg. 75/26, Schedules 1-3.
32. SCA, s. 56.
33. Environmental Registry of Ontario Decision #025‑0908; MECP Information Session.
34. Ibid.
35. SCA, ss. 17-19.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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