As of March 30, 2026, Ontario’s Species Conservation Act, 2025 (SCA) and its supporting regulations are officially in force, replacing the Endangered Species Act, 2007 (ESA). This marks a significant shift in how activities that may impact protected species and their habitats are regulated across the province.
While the intent remains consistent, protecting vulnerable species and their habitats has caused the approach to achieving these outcomes has evolved.
A New Framework for Species Protection
The SCA now serves as Ontario’s primary legislative framework for species and habitat protection, while continuing to support development and construction activities.
Although the overarching goal of conservation remains unchanged, the SCA introduces a new administrative model that alters how projects are reviewed, approved, and managed.
What Has Changed?
One of the most notable changes is the shift to a “registration-first” approach.
Under this model, eligible projects can proceed once registered, provided they follow prescribed mitigation measures and conservation requirements. This replaces the ESA’s “approval-first” system, which required permits prior to project initiation for most activities.
Key updates include:
- Streamlined approvals: Many activities can move forward through registration rather than formal permitting
- Risk-based oversight: Higher-risk activities will still require permits, while some lower-risk activities may be conditionally exempt
- Changes to protected species: Some species have been removed from the provincial list and no longer receive provincial protection, though federal protections may still apply
Despite these changes, site-specific ecological evaluations and baseline studies remain essential. These assessments determine the appropriate regulatory pathway—whether registration, permitting, or exemption—and inform required mitigation measures and conservation plans.
Transitional Considerations
To ensure continuity, a formal transition framework has been established.
Existing Authorizations
Registrations, agreements, and permits issued under the ESA prior to March 30, 2026, remain valid until their expiry or January 31, 2035 (whichever comes first).
These authorizations may be amended or revoked at the discretion of the Ministry of the Environment, Conservation and Parks (MECP), though this requires consultation and is not automatic.
Projects in Progress
New ESA permits will no longer be issued. Projects with applications already underway should be reviewed against the SCA framework to determine next steps and compliance requirements.
What This Means for Project Planning
All projects with the potential to impact protected species or their habitats—and that are not covered by existing authorizations—must now be evaluated under the SCA.
In some cases, federal approvals may be required where provincial protections no longer apply.
While the SCA is designed to streamline the regulatory process, it also introduces greater responsibility for proponents to ensure compliance with applicable requirements, including proper classification, mitigation, and documentation.
Navigating the Transition
As with any legislative change, a transition period is expected. While the SCA aims to improve clarity and efficiency, regulatory expectations and implementation practices will continue to evolve in the near term.
MTE is actively reviewing projects on a case-by-case basis to help clients:
- Identify the appropriate regulatory pathway (registration, permit, or exemption)
- Support new registrations or permit applications
- Assess and pursue amendments to existing authorizations where needed
Looking Ahead
The introduction of the SCA represents a meaningful shift in Ontario’s environmental regulatory landscape—one that emphasizes both efficiency and accountability.
Understanding how these changes apply to your project will be critical to maintaining timelines, managing risk, and ensuring compliance.
We’re here to support you
Our team provides environmental and ecology and natural environment consulting services that help identify potential impacts early and recommend practical, science-based solutions.
Our goal is to support development plans that are both economically viable and environmentally sustainable. With a thorough understanding of ecological systems and current regulations, we assist project teams in navigating approval processes and adapting plans as needed.
Our services include:
- Environmental Assessments (EA)
- Environmental Impact Studies (EIS)
- Renewable Energy Assessments (REA)
- Natural Environment Reports for Aggregate Act Applications
- Environmental Management Strategies for Area Plans
- Endangered Species Act Permits
- Permit to Take Water (surface)
- Habitat Restoration & Channel Relocation
- Tree Assessment
- Fisheries Act Permits
- Expert Witness Testimony