Metrolinx - Permit for activities that will result in a significant social or economic benefit to Ontario

Ontario is committed to providing stringent protections for species at risk and strong environmental oversight, while we work to improve public transit in the Greater Toronto Area in a way that is both economical and transparent.

Activity details and location

The Eglinton Crosstown West Extension, the Ontario Line and the Scarborough Subway Extension will involve the construction of below and above ground subway and light rail transit lines, stations and associated infrastructure. They will involve activities such as vegetation disturbance and removal, site grading, filling, excavation, stockpiling of soil or other materials, construction of bridges, retaining walls, rails and roads.

Species at Risk

The Endangered Species Act provides protection to species and their habitat that are considered extirpated, endangered and threatened in Ontario.

Two species at risk, Barn Swallow and Butternut, have been observed within the study areas for the projects. This means that the projects have the potential to adversely impact the Barn Swallow and Butternut and their habitat.

Additional species at risk (Bank Swallow, Blanding’s Turtle, Chimney Swift, Eastern Small-footed Myotis, Little Brown Myotis, Northern Myotis and Tri-coloured Bat) have not yet been observed within the study areas. However, there is evidence (i.e. publicly-available species occurrence data) to suggest the species noted above may be found within the study areas.

Much of the study areas have not yet been surveyed in detail for the species at risk yet. The proposed permits would require surveys to confirm or refute the presence of the additional species before construction activities begin.

Endangered Species Act permits

The ESA contains provisions that give the Minister of the Environment, Conservation and Parks the discretion to authorize activities that would otherwise contravene the act, provided certain conditions are be met

The minister may issue a permit under clause 17(2)(d) of the ESA that authorizes 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:

• the activity authorized by the permit will result in a significant social or economic benefit to Ontario
• the activity authorized by the permit will not jeopardize the survival or recovery of the species in Ontario
• reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative that would allow the projects to continue has been adopted
• reasonable steps to minimize adverse effects on the species are required by conditions of the permit

The projects are expected to result in significant social and economic benefits to Ontarians. Expansion of the transit network is expected to bring rapid transit to new areas, lessen emissions from vehicular traffic, encourage development of transit-oriented communities and improve overall mobility and quality of life for Ontarians in the Greater Toronto Area.

The applicant is exploring reasonable alternatives, including those that would avoid adverse effects on the species and their habitat. Many of these alternatives will be refined in the detailed planning stages of the projects. The proposed permits will provide clear direction on species-specific avoidance measures, reasonable measures to minimize adverse effects on species, as well as mitigation and compensation requirements. In this way, should the final project layout and design result in impacts to the species and their habitat, the proposed permits would provide species-specific guidance for project planners to develop and implement designs with low impact on species at risk and their habitat.

The applicant is seeking ways to minimize adverse effects on the species, such as:

• undertaking studies to confirm or refute the presence of the species prior to construction commencing
• undertaking work at the time of year when the species are less sensitive to disturbance
• if habitat will be removed:
  • removing it at the time of year when the species are less likely to be present
  • creating or enhancing habitat for the Species to compensate for the habitat that was removed
• if any members of the species will be removed (i.e. Butternut), compensating for these impacts through actions that benefit the species (e.g. plantings)
• providing contractors with education on how to identify the species at risk and what steps to take should the species at risk be encountered within the study areas
• monitoring the effectiveness of any steps taken to minimize adverse effects on the species and taking additional steps to increase their effectiveness should they be found to be ineffective

It is anticipated that many of the above mitigation measures will be included as requirements in the proposed permits.

A government response statement, which outlines protection and recovery actions the government will take and support, exists for the following species and will be considered before a decision is made on whether to issue a permit:

• Bank Swallow
• Barn Swallow
• Butternut
• Eastern Small-footed Myotis
• Tri-coloured Bat

A government response statement has not been published for Blanding’s Turtle, Chimney Swift, Little Brown Myotis and Northern Myotis.

Posting this proposal on the Environmental Registry does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(d) of the Endangered Species Act, 2007 have been satisfied