Ford's controversial Bill 5 puts Ontario's at-risk species at even more risk

The boreal caribou roams more than 1,000 square kilometres each year across Ontario’s northern forests, relying on vast, undisturbed land to find food, escape predators and raise its young. 

But under Premier Doug Ford’s new controversial Bill 5, that critical habitat has been reduced — on paper — to just a calving site. The rest can now be cleared, mined or developed.

The law, widely seen as favouring developers and extractive industries, replaces Ontario’s Endangered Species Act with weaker rules that eliminate recovery goals, shrink the definition of “habitat” and allow development to proceed without environmental studies or expert review. 

Critics call it one of the most sweeping environmental rollbacks in provincial history. They warn it sidelines science, public input and First Nations rights — and could soon be used to fast-track industrial development in the Ring of Fire under the banner of a “special economic zone,” one of the last intact habitats for boreal caribou and many other species.

Rebecca Rooney, a biology professor at the University of Waterloo, says caribou aren’t the only animals at risk. But even in the case of caribou, as an umbrella species, their loss threatens the many birds, insects and mammals that share their habitat.

Previously, habitat protection covered areas used for feeding, migration and other essential life processes for species at risk. Bill 5 narrows this to only the immediate area around nests or dens, leaving much of the habitat species to rely on unprotected areas.

The Ford government says the new law is needed to protect Ontario’s economy from US tariffs and argues the previous Endangered Species Act was “confusing” and caused delays to housing, transit and infrastructure projects. Bill 5, it claims, will streamline approvals, cut costs for developers and clarify habitat rules — while still safeguarding at-risk species.

Rooney said the new definition of “habitat” is far too narrow to be realistic.

“Imagine if, during COVID, you were confined to your house indefinitely. How long could you survive? Could you raise a family without ever leaving to work or get groceries? Probably not,” Rooney said. “Animals are the same — they don’t just stay in their dens. They need to forage, find mates and move across their territory.”

If only caribou calving sites are protected, Rooney says, the animals will be vulnerable throughout most of their life cycle — especially to habitat fragmentation caused by resource extraction.

Rooney said boreal caribou are culturally important to many First Nations and warned that Bill 5’s special economic zones allow the province to override existing habitat agreements with those communities.

She warned that road construction linked to mining and forestry fragments the landscape, making it easier for predators to access caribou habitat. Increased predation sets off a cascade of ecological impacts, as intact boreal peatlands are carved up by roads and mines. 

Shoot first, ask later

Since 2009, the number of species at risk in Ontario has risen by 22 per cent, while the number of approvals for development projects harming those species has skyrocketed by over 6,000 per cent. A 2021 report from the Auditor General slammed the provincial ministry of environment for rubber-stamping permits without meaningful oversight. Now, even those weak safeguards are gone. 

Under the new rules, developers no longer need a permit reviewed by the environment ministry to begin projects. A simple online registration is enough — with no environmental review, expert oversight or public consultation. Any impact studies can be done later.

“They [developers] click ‘submit’ and start building,” said Shane Moffatt, campaigns manager at Ontario Nature, who calls the approach “shoot first, ask questions later.”

Rooney also warns the changes leave many rare plants at risk simply because they haven’t yet been found. Without formal surveys, any species not physically documented can be ignored.

One example, she says, is American ginseng — a wild medicinal plant native to North America that grows in sugar maple forests and is listed as a species at risk in Ontario

 “If you haven’t physically observed the plant, the habitat isn’t protected anymore,” she said. “But we know where it could grow — and under the previous law, we protected those areas. Now, we don’t.”

That means forests known to support ginseng could be logged without any prior survey, putting the species at risk simply because it wasn’t documented in time.

The government says the “registration-first” system will be paired with clear rules and improved enforcement to ensure compliance.

Before, species at risk were added to the protected list automatically based on science. Bill 5 changes that. Now, the minister can choose not to list a species — or even remove one — if it gets in the way of development.

Recovery strategies eliminated

Under the previous law, Ontario was required to develop recovery strategies for each listed species at risk — outlining threats, identifying critical habitat and recommending actions to support their survival.

The Ford government says those rules were too rigid, duplicated federal efforts and tied up resources that could be used more flexibly. Bill 5 removes the legal requirement to create recovery strategies, response statements or progress reviews. Instead, the province will offer “conservation guidance” only when it deems necessary.

The government says it will replace the old stewardship program with a new “Species Conservation Program,” promising $20 million a year to fund research, habitat restoration and community conservation.

In the case of boreal caribou, which rely on large, connected habitats, recovery plans helped identify which areas needed protection. Without them, Moffatt says it will be harder to prevent further decline.

The redside dace — a small endangered fish in southern Ontario — is another concern. It has already disappeared from many areas due to habitat loss. Recovery strategies supported captive breeding and restoration programs, efforts now at risk.

The small fish was identified as one potential roadblock in the way of Ford’s plan to build a new highway, the 413, for commuters northwest of Toronto.

Moffatt suggested that eliminating recovery strategies takes away a critical tool needed to help species already on the brink of extinction.

Biodiversity loss carries economic risks

Rooney suggests that the government’s approach reflects short-term thinking that may carry long-term economic costs. In her view, biodiversity isn’t just an environmental concern — it holds untapped economic value. From undiscovered medicines to climate resilience and tourism, Rooney believes Ontario risks sacrificing opportunities the province may never fully understand.

She emphasizes that the natural world has long been a source of scientific and medical breakthroughs, and that much of its potential remains unexplored. With species disappearing rapidly, she warns that Ontario could be losing future treatments or technologies — even something as significant as a cancer cure — without ever realizing it.

“I’m a mother, and it makes me really sad to think about how impoverished the world will be for my children because we failed to protect species, not just for them to enjoy, but for their survival,” Rooney said.  The tools and knowledge to protect them exist, she adds. What’s missing, in her view, is the political will to act. “Not because we didn’t know what to do — but because we chose not to.”

Abdul Matin Sarfraz / Canada’s National Observer / Local Journalism Initiative