2382215 Ontario Incorporated - Permit for activities to achieve an overall benefit to a species

Description of instrument:

The Proponent has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to harm two (2) Category 3 Butternut trees and damage and destroy up to 1.37 hectares of Butternut habitat for the purpose of subdivision development south of Bloomington Road, east of Ninth Line in the Town of Whitchurch-Stouffville, Regional Municipality of York, Ontario.

Other information:

The proposal to develop the land has the potential to adversely affect Butternut trees, as well as the habitat of Butternut. 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 Act if the Minister is of the opinion that:

1. an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
2. reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
3. 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.

Reasonable alternatives are being considered by the Proponent, including alternatives that would not adversely affect Butternut, and may include:

• relocating proposed development activities to minimize impacts to Butternut habitat
• removing certain development activities (building and septic envelopes) to avoid all impacts to one Category 3 Butternut

The best alternative, that has been proposed, includes continuing with the development at the proposed location while modifying the location and size of certain development activities to minimize the impact on Butternut and its habitat.

The Proponent has explored ways to minimize adverse effects on Butternut, including:

• retaining a qualified professional to carry out the conditions of the permit relating to Butternut
• installing temporary fencing around Butternut to protect them from accidental harm

The Proponent has proposed actions to achieve an overall benefit, including:

• archiving one (1) Butternut tree that demonstrates resistance to the Butternut canker disease
• plant, monitor and tend 15 Butternut seedlings, and 15 native companion seedlings to emulate natural Butternut habitat conditions

The archiving and seedling planting are expected to achieve an overall benefit to Butternut by propagating and enhancing future Butternut populations.

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.