1108991 Ontario Inc. - Permit for activities to achieve an overall benefit to a species

1108991 Ontario Inc. 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 residential housing for seniors in Dunnville, Haldimand County, Ontario.

The proposed activities may adversely impact Eastern Flowering Dogwood and up to 1257 m² of its habitat.

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario protects 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

Eastern Flowering Dogwood is listed on the Species at Risk in Ontario list, under Ontario Regulation 230/08 of the ESA as endangered.

The primary threat to Eastern Flowering Dogwood is Dogwood anthracnose fungus. Habitat loss and fragmentation are also serious threats to the species.

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 believes 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

1108991 Ontario Inc. is working to identify proposed actions that would achieve an overall benefit to Eastern Flowering Dogwood. These may involve:

• increasing public knowledge related to Eastern Flowering Dogwood by installing educational signs near the transplanted tree
• collecting up to 25 Eastern Flowering Dogwood seeds from a tree nursery that specializes in propagating native trees in a local greenhouse near Dunnville, until the seedlings/saplings can be planted locally
• developing a detailed monitoring plan before beginning planting to ensure the ongoing success of the restoration planting efforts

Collecting seeds and planting saplings is expected to help restore local populations of Eastern Flowering Dogwood.

Reasonable alternatives being considered

1108991 Ontario Inc. is considering alternatives, including alternatives that would not adversely affect Eastern Flowering Dogwood and their habitat. These may include:

• integrating and preserving the Eastern Flowering Dogwood within the proposed development by maintaining a 20 m natural zone around the tree
• integrating and preserving the Eastern Flowering Dogwood within the proposed development and applying an appropriate tree protection zone, but not avoiding adverse effects on the regulated habitat
• transplanting the Eastern Flowering Dogwood at a protected area near the subject property

The proponent has concluded the best alternative for carrying out the proposed project is to:

• transplant the tree to a location nearby the subject property
• position the tree in a highly visible area
• provide educational signs to inform the public about the species and promote its survival

The new growing conditions are expected to be an improvement compared to the current habitat, which includes competition from other trees affecting its growth and long-term survival. This alternative also enables the construction of the desired development.

Actions to minimize adverse effects on the species

Potential approaches to minimize adverse effects on Eastern Flowering Dogwood may include:

• transplanting the Eastern Flowering Dogwood from the subject property with suboptimal growing conditions to a locally protected area, and mitigating transplant shock to promote healthy establishment (e.g. maintain as much of the root system as possible, transplant to during dormancy to a location with optimal growing conditions and maintain the tree with mulch and watering)

• monitoring for four years following transplanting

Other information

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

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

A copy of the government response statement for Eastern Flowering Dogwood is available at: Eastern Flowering Dogwood government response statement | Ontario.ca.

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.