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

Ontario is committed to protecting species at risk and strong environmental oversight, while we work to improve public transit in a way that is both economical and transparent.

Metrolinx is seeking a socio-economic permit in relation to group of activities and projects under the broader OnCorr GO Transit Expansion project that will improve public transit along the Barrie, Kitchener, Lakeshore East, Lakeshore West, Richmond Hill, Stouffville, Union Station and Union Pearson Express GO Transit corridors.

The GO Transit Expansion Program, also known as OnCorr, will involve the electrification of commuter rail corridors and associated infrastructure, installation of new track and switches, grade separation and bridge and pedestrian crossing modifications. It will include activities such as vegetation disturbance and removal, site grading, filling, excavation, stockpiling of soil or other materials, and the construction of bridges, retaining walls, rails and roads as is necessary to carry out the Project.

A number of species at risk have been observed within the study areas for the project including Barn Swallow and Chimney Swift, and there is some evidence that Species at Risk bats (i.e. Eastern Small-Footed Myotis, Little Brown Myotis, Northern Myotis and Tri-coloured Bat) occur within the study areas.

Additional species at risk (Bank Swallow, Bobolink, Butternut, Meadowlark, Redside Dace and Silver Shiner) have not yet been observed within the study areas; however, there is evidence from publicly-available species occurrence data to suggest that these species may be found within the study areas.

Collectively, these twelve species at risk are referred to as “the species” in the context of this notice.

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

Protecting species under the Endangered Species Act

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

Under clause 17(2)(d) of the ESA, the Minister of the Environment, Conservation and Parks may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 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; and
• reasonable steps to minimize adverse effects on the species are required by conditions of the permit.

In addition, although not required for a permit issued under clause 17(2)(d), Metrolinx is proposing to partner with local Conservation Authorities to undertake beneficial actions, such a habitat creation or enhancements, for Barn Swallow and Species at Risk Bats.

Significant Social or Economic Benefit to Ontario

The OnCorr GO Transit Expansion project is expected to result in significant social and economic benefits to Ontarians. Expansion of the transit network is expected to improve capacity and speed on commuter corridors and reduce corresponding road congestion. Electrification efforts are expected to lessen emissions from transit vehicles as well as commuter vehicular traffic by diverting commuters to public transit. The project is also aimed improving overall mobility and quality of life for Ontarians living in and around the Barrie, Kitchener, Lakeshore East, Lakeshore West, Richmond Hill, Stouffville, Union Station and Union Pearson Express GO Transit Corridors.

Reasonable alternatives being considered

Metrolinx 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 permit 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 permit would provide species-specific guidance for project planners to develop and implement designs with lower impacts on species at risk and their habitat.

Actions to minimize negative effects to the species

Metrolinx is seeking ways to minimize adverse effects on the species and their habitat. These may include:

• • 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; and
    • 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.

Other information

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
• Bobolink
• Butternut
• Eastern Meadowlark
• Eastern Small-footed Myotis
• Little Brown Myotis
• Northern Myotis
• Redside Dace
• Tri-colored Bat

A government response statement has not been published for Chimney Swift and Silver Shiner.

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.