Private Landowner - Permit for activities to achieve an overall benefit to a species

A private landowner is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 for the development of a single residential home development.

The permit, if issued, would authorize the applicant to impact one Category 3 Butternut tree, and up to 0.05 hectares of Butternut habitat.

Protecting species under the Endangered Species Act

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007. Sections 9 and 10 of the Endangered Species Act, 2007 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

Butternut is listed on the Species at Risk in Ontario list, under Ontario Regulation 230/08 of the Endangered Species Act, 2007 as endangered.

The main threat to the survival of Butternut trees is Butternut Canker, and this disease has affected most Butternut trees across the province.

Under clause 17(2)(c) of the Endangered Species Act, 2007, 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 Act if the minister believes 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 Endangered Species Act, 2007 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

The private landowner is working to identify proposed actions that would achieve an overall benefit for Butternut trees. These may involve:

• planting 114 Butternut seedlings and additional native companion seedlings to emulate natural Butternut habitat conditions
• monitoring and tending the Butternut seedlings for at least five years

These actions are expected to achieve an overall benefit to the species by increasing the overall number of Butternut planted on the landscape, while emulating natural Butternut habitat conditions.

Reasonable alternatives being considered

The private landowner has explored alternatives, including alternatives that would not adversely affect Butternut trees and their habitat. These include:

• not proceeding with the proposed project on the location specified
• limiting the development of the proposed project to retain some greenspace

The private landowner has concluded that the best alternative for carrying out the proposed project is to proceed with the residential development at the proposed location while retaining some greenspace.

Actions to minimize adverse effects on the species

The private landowner is seeking ways to minimize adverse effects on the Butternut tree and its habitat. These may include:

• minimizing the construction footprint to the greatest extent possible
• installing protective fencing around the Butternut tree
• performing all construction activities that may occur within 25 metres of the Butternut tree by hand or with small machinery
• minimizing indirect damage to the Butternut by cleanly cutting any roots that may be exposed and damaged by construction activities

Other information

The province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 with respect to Butternut.

The government response statement will be considered before a decision to issue an overall benefit permit.

A copy of the government response statement for Butternut is available at: butternut government response statement

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)(c) of the Endangered Species Act, 2007 have been satisfied.