Inverness Homes - Permit for activities to achieve an overall benefit to a species

Inverness Homes has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The proposal is to construct a residential development in Carp, Ottawa.

The proposed activities may adversely impact:

• Butternut individuals (one Category 3 Butternut tree)
• up to 0.37 hectares of Butternut habitat

Butternut trees are divided into three categories based on their health:

• Category 1: in the advanced stages of disease as a result of Butternut Canker (“non-retainable”)
• Category 2: the tree does not have Butternut Canker or disease is not as advanced (“retainable”)
• Category 3: could be useful in determining how to prevent or resist Butternut Canker (“archivable”)

Protecting species under the Endangered Species Act

Ontario provides protections for species at risk and their habitats under the ESA. Sections 9 and 10 of the ESA 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 ESA, 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 ESA, 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 ESA if the Minister is of the opinion that:

• an overall benefit to the species will be achieved within a reasonable timeframe 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 involves 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
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

Inverness Homes is working to identify actions that would achieve an overall benefit to Butternut. These may involve:

• archiving and collecting 50 scions from one suitable Butternut
• planting five butternut seedlings and additional native companion tree seedlings to mimic natural Butternut conditions at an off-site location
• monitoring and tending the planted Butternut 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 mimicking natural Butternut habitat conditions.

Reasonable alternatives being considered

Inverness Homes is considering alternatives, including alternatives that would not adversely affect Butternut and their habitat. These may include:

• not proceeding with the proposed project on the location specified
• altering the development footprint and layout to avoid all healthy butternuts
• proceeding with the development while retaining some greenspace

The proponent 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

Potential approaches to minimize adverse effects on Butternut may include:

• minimizing the construction footprint where possible
• installing protective fencing and marking retained Butternut trees
• having a qualified professional train on-site workers to be able to identify Butternut

Other information

The province has published a government response statement under section 12.1 of the ESA 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 ESA have been satisfied.

More information on species at risk overall benefit permits