Newman Holdco Inc. - Permit for activities to achieve an overall benefit to a species

Description of instrument

Newman Holdco Inc. (the “Applicant”) has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 to:

• kill two (2) Category 3 Butternut trees; and
• damage and destroy 0.46 hectares of Butternut habitat for the purpose of developing a residential subdivision and related stormwater infrastructure in the City of Cambridge, Newman Drive, Concession 12, Lot 2, Ontario.

Other information

The proposal to develop the land has the potential to adversely affect Butternut trees and its habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Butternut and its habitat.The Species at Risk in Ontario List of the Ontario Regulation 230/08 of the Endangered Species Act lists Butternut as Endangered.

Subsection 9(1) of the Endangered Species Act provides for the protection of endangered, threatened (and extirpated) species on the Species at Risk in Ontario List.

Habitat protection under subsection 10(1) the Endangered Species Act applies to Butternut.

The Minister may issue a permit under clause 17(2)(c) of the Endangered Species Act that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Endangered Species Actif the Minister is of the opinion that:

• (i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
• (ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
• (iii) 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 Endangered Species Act involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Applicant is exploring reasonable alternatives, including alternatives that would not adversely affect Butternut, including:

• Not proceeding with the project; and
• Using an alternate location for the installation of the stormwater infrastructure to avoid impacts to Butternut habitat.

The Applicant is exploring ways to minimize adverse effects on Butternut, including:

• Retaining a Qualified Professional to carry out the conditions of the permit;
• Educating all on-site personnel on species at risk identification and proper techniques for encounters with individuals with assistance from a Qualified Professional; and
• Ensuring no construction works occur within the critical root zone of the Butternut trees until scions are removed for archiving (see below).

The Applicant is identifying proposed actions to achieve an overall benefit for Butternut, including:

• Archiving Butternut trees that demonstrates resistance to the Butternut canker disease; and
• Undertaking efforts to clone and propagate viable scions at a research facility, which will be used to propagate and outplant high quality Butternut seedlings.

A Government Response Statement published under subsection 11(8) of the Endangered Species Act exists for Butternut and will be considered before issuing the permit.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; an overall benefit permit may only be issued where the legal requirements set out in clause 17(2)(c) of the Endangered Species Act have been satisfied.