University of Toronto Mississauga - Permit for activities to achieve an overall benefit to a species

The University of Toronto Mississauga is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The application for a permit involves development of a single-story building at 3265 Principals Road in the City of Mississauga.

The proposed activities will adversely impact one Eastern Flowering Dogwood.

The greatest threats to the Eastern Flowering Dogwood are:

• dogwood anthracnose fungus which first attacks the leaves of the tree, then spreads through the twigs and trunk
• habitat loss and fragmentation

Protecting species under the Endangered Species Act

Our 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 Act provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario (SARO) list as either:

• extirpated
• endangered
• threatened

Eastern Flowering Dogwood is listed on the Species at Risk in Ontario list, under Ontario Regulation 230/08 of the ESA as endangered.

Under clause 17(2)(c) of the ESA, the Minister of the Environment, Conservation and Parks 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 is of the opinion that:

• an overall benefit to the species will be achieved within a reasonable time through the conditions of 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 individual members of the species are required by conditions of the permit

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

• more than "no net loss" or 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 the species

The University of Toronto Mississauga is seeking ways to provide an overall benefit to Eastern Flowering Dogwood. These may involve:

• planting twenty (20) Eastern Flowering Dogwood trees (e.g., 10 trees planted on campus and 10 trees planted in a suitable location such as Brant or Niagara region)
• monitoring the 20 saplings for five years to ensure proper root establishment
• installing educational signage near the 10 planted Eastern Flowering Dogwood trees on the campus to promote the survival of the species

These proposed actions are expected to achieve an overall benefit for Eastern Flowering Dogwood by:

• increasing the number of Eastern Flowering Dogwood within the local landscape and increasing local public awareness
• establishing Eastern Flowering Dogwood trees in areas which receive habitat protections to promote recovery

Reasonable alternatives being considered

The University of Toronto Mississauga has explored alternatives, including those that would not adversely affect Eastern Flowering Dogwood. These include:

• Alternative 1 – proceeding with the Project as planned which would impact multiple species at risk
• Alternative 2 – relocating the Project to an alternative location that does not impact Eastern Flowering Dogwood
• Alternative 3 – altering the Project design (e.g., reduced footprint) such that is does not impact Eastern Flowering Dogwood
• Alternative 4 (preferred) – changing the planned orientation of the building such that it does not impact multiple species at risk but does require the removal of the Eastern Flowering Dogwood and makes maximum use of the already disturbed land at the proposed site

The University of Toronto Mississauga has concluded that alternative 4, which includes a change in building orientation to reduce impact to the species, but still requires the removal of the single stem Eastern Flowering Dogwood, is the best alternative as it:

• supports the intent of the project
• provides proximity to adjacent academic research and instruction areas
• utilizes an already disturbed campus area

Actions to minimize negative effects on the species

The University of Toronto Mississauga is seeking ways to minimize adverse effects on Eastern Flowering Dogwood. These may include:

• retaining a qualified professional to assist in carrying out the conditions of the permit such as providing education and awareness about Eastern Flowering Dogwood and overseeing the planting and monitoring of the species

Other information

The province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Eastern Flowering Dogwood.

A copy of the government response statement for Eastern Flowering Dogwood is available at: Eastern Flowering Dogwood government response statement | Ontario.ca.

The government response statement 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 ESA have been satisfied.