Metro Towing Group - Permit for activities to achieve an overall benefit to a species

Metro Towing Group has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) so they can complete construction activities in Ottawa Ontario.

The proposed activities may adversely impact:

• Butternut individuals (remove10 Butternut Category 2 trees, and harm three Butternut Category 2 trees
• up to 2.16 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

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 provides protections for species at risk and their habitats under the ESA. Sections 9 and 10 of the Act 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 O. Reg. 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 Act if the Minister is of the opinion 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 ESA 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

Metro Towing Group is identifying proposed actions that would achieve an overall benefit for Butternut trees. These may involve:

• planting 80 Butternut seedlings
• monitoring planted trees for five years
• replacing tree seedlings that die during the five year monitoring period to retain a minimum of 80 Butternut trees in the planting area

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

Metro Towing Group has considered alternatives, including alternatives that would not adversely affect Butternut trees and their habitat. These include:

• not proceeding with the project
• maintaining a permanent 25 metre buffer from each individual tree
• removing10 and harming three Butternut trees

Metro Towing Group has concluded that the best alternative for carrying out the proposed project is removing/harming 13 Butternut trees. This alternative will allow the proponent to use their property for private use of heavy machinery including excavator, back-hoe, shovel, and material handler.

Actions to minimize adverse effects on the species

Metro Towing Group is seeking ways to minimize adverse effects on the Butternut tree and its habitat. These may include:

• fencing of trees to be protected and marking off site Butternut trees during construction to avoid harming retainable trees adjacent to construction works
• having an inspector on site during construction works to implement conditions of permit and mitigation methods as required
• providing all on-site personnel with Butternut identification and awareness training to ensure they can identify Butternuts on the site and are aware of its protection under the Endangered Species Act
• ensuring where construction activities occur within 25 metres of a Butternut, work is conducted in a manner to minimize moisture loss and damage to roots
• completing all work requiring root cutting outside of the leaf off season from September 1 to May 14th of any year

Other information

The Province has published a government response statement under section 12.1 of the ESA about Butternut.

The ministry will consider the government response statement before a decision to issue an overall benefit permit.

A copy of the government response statement for Butternut is available at: https://www.ontario.ca/page/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