Bayview Hospitality Holdings Ltd. - Permit for activities to achieve an overall benefit to a species

Bayview Hospitality Holdings Ltd. has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for a residential development along 6301 Campeau Drive, Kanata.

The Ministry of the Environment, Conservation and Parks is committed to protecting species at risk and providing strong environmental oversight, while working to support Ontario’s priority housing projects by building more homes that meet the needs of people in every part of the province.

The proposed activities may adversely impact:

• Butternut individuals (remove five Category 3 Butternut trees)
• approximately 1.99 hectares of Butternut habitat

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

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 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.

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 the species

Bayview Hospitality Holdings Ltd. is seeking ways to provide an overall benefit to Butternut trees. These may involve:

• collecting an archiving 150 scions from three suitable Butternut (with work to be completed by a qualified person/organization)
• planting 440 Butternut seedlings and additional companion tree seedlings off site throughout Eastern Ontario to mimic 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 mimicking natural Butternut habitat conditions.

Reasonable alternatives being considered

Bayview Hospitality Holdings Ltd. 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
  • altering the development plan to avoid some butternut habitat (e.g. maintain 25 m buffer from trees)
  • proceeding with the subdivision development at 6301 Campeau Drive

Bayview Hospitality Holdings Ltd. has concluded that not proceeding with the proposed project would be a significant impact to the draft Plan of Subdivision and total loss of development, while altering the development would also impact the draft Plan of Subdivision with significant changes to the layout of roads, services and lots.

The best alternative being proposed for carrying out the project is to proceed with the residential development at the proposed location while achieving an overall benefit to the species.

Actions to minimize negative effects to the species

Bayview Hospitality Holdings Ltd. is seeking ways to minimize adverse effects on Butternut trees and its habitat. These may include:

• permanently retaining portions of the suitable regeneration habitat within 25 m to 50 m radii for the five impacted trees
• installing erosion and sediment control fence and vegetation protection fence at grading limits to prevent machinery and siltation impacts on the off-lot Butternut trees

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: 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.