Erin Developments Inc. - Permit for activities to achieve an overall benefit to a species and/or to pay a species conservation charge (ESA s.17(2) (c))

Erin Developments Inc. is seeking a permit under clause 17(2)(c) of the Endangered Species Act, 2007 for impacts to Little Brown Myotis, Northern Myotis, and Eastern Small-footed Myotis (SAR bats) so they can build a residential development.

The proposal may adversely impact:

• SAR bat individuals
• a confirmed maternity roost in a barn to be demolished
• 41 suitable roost trees
• a suitable rock roost

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007 (ESA). Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario List as either:

• extirpated
• endangered
• threatened

Little Brown Myotis, Northern Myotis and Eastern Small-footed Myotis are listed on the Species at Risk in Ontario List as endangered; therefore, they are protected.

Habitat protection under subsection 10(1) of the ESA applies to all three species of SAR bats.

Issuing a permit under clause 17(2)(c) of the Endangered Species Act

Under clause 17(2)(c) of the ESA, the Minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if the Minister believes that:

• either:
  • an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit, or
  • with respect to a species designated as a conservation fund species, the person who would be authorized by the permit to engage in the activity has agreed to pay to the Species at Risk Conservation Trust any Species Conservation Charges that are required by the permit
• reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
• reasonable steps to minimize negative effects on the species are required by conditions of the permit

The Minister is considering issuing a permit under the overall benefit option under clause 17(2)(c)(i)(A).

Providing an overall benefit to a protected species under the ESA means improving circumstances for the species in Ontario. Overall benefit is:

• more than "no net loss" or an exchange of "like for like"
• grounded in the protection and recovery of the species at risk
• more than mitigation measures or "replacing" what is lost

Actions to achieve an overall benefit to species

Erin Developments Inc. is working to identify proposed actions that would achieve an overall benefit for SAR bats. These may involve:

• creating 1,395 m² of new forested habitat
• creating chainsaw-carved cavities in existing trees as bat roosts
• creating a new rock roost
• contributing to ongoing research on the thermal properties and requirements of bat boxes and other artificial bat roosts

Reasonable alternatives being considered

Erin Developments Inc. has explored alternatives, including alternatives that would not adversely affect SAR bats and their habitat. These include:

• no development
• reducing the development footprint to retain all of the suitable roost trees and rock features
• proceeding with the development as proposed

Erin Developments Inc. has concluded that the best alternative is to proceed with the residential development as proposed. This alternative meets the main purpose of building at least 600 new homes while minimizing impacts to SAR bats.

Actions to minimize adverse effects on the species

Erin Developments Inc. is seeking ways to minimize adverse effects on SAR bats and their habitat. These may include:

• removing trees between October 1 and March 31, during a time when bats are hibernating and not using tree roosts
• installing bat boxes to provide immediate roosting alternatives
• removing the rock feature between December 1 and March 14, during a time when bats are hibernating and not using rock roosts
• creating an artificial rock roost in a woodland area not being removed to provide an immediate roosting alternative
• planting thorny shrubs around a suspected rock roost to discourage residents from using or disturbing this feature
• using dark sky design principles to reduce the impact of artificial light on bat movement and foraging
• using protective fencing to prevent encroachment into habitat that will not be removed
• felling the trees towards the development footprint to avoid damaging trees that will not be removed
• using qualified professionals to oversee and monitor the various stages of work
• training site personnel about the sensitivities associated with working in and around bat habitat

Other information

The Province has published government response statements under subsection 12.1 of the Endangered Species Act, 2007 for Eastern Small-footed Myotis, Little Brown Myotis and Northern Myotis. The response statements will be considered before a decision to issue an overall benefit permit.

Posting this proposal on the Environmental Registry of Ontario does not imply that the Minister will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the Act have been satisfied.