Cando Rail and Terminals Ltd. - Permit for activities to achieve an overall benefit to a species

Cando Rail and Terminals Ltd. has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to expand an existing parking lot at 403 LaSalle Line, St. Clair Township, Sarnia, Ontario

The proposed activities may adversely impact:

• Butler’s Gartersnake individuals
• approximately 6.2 hectares of Butler’s Gartersnake 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 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

Butler’s Gartersnake 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 Butler’s Gartersnake is the loss of tallgrass prairie and other grassland habitat due to urban development.

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 believes 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

Cando Rail and Terminals Ltd. is working to identify ways to provide an overall benefit to Butler’s Gartersnake. These may involve:

• restoring 2,981 m of drainage ditches (that serve as hibernacula for Butler’s Gartersnake), and creating 448 m of new drainage ditch habitat
• creating one 0.2 ha vernal pool to provide birthing and thermoregulation opportunities for Butler’s Gartersnake
• enhancing 1.3 ha of habitat by removing invasive Phragmites and planting native prairie seed mixture
• restoring and enhancing 5.77 ha of foraging habitat through native prairie plantings
• creating microhabitats for basking, gestation and birthing sites in the form of 3 rock/brush piles
• developing and implementing an educational and awareness program for Cando operations staff in the Sarnia area regarding Butler’s Gartersnake
• installing educational signage on the property that will describe the restoration and enhancement of Butler’s Gartersnake habitat on the property, and how individuals can support species at risk in their area

These actions are expected to achieve an overall benefit to the species by:

• creating higher quality foraging habitat
• expanding connectivity among habitat features (woodland, vernal pool and prairie)
• creating microhabitat structures for shelter, hibernacula, and gestation

Reasonable alternatives being considered

Cando Rail and Terminals Ltd. is considering alternatives, including alternatives that would not adversely affect Butler’s Gartersnake and their habitat. These may include:

• not proceeding with the proposed development
• proceeding with the proposed development to expand the rail facility using a two-phased approach which will provide refuge and alternate habitat areas for Butler’s Gartersnake to occupy in-between the development phases

Cando Rail and Terminals Ltd. has concluded that not proceeding with the proposed development will not meet their need to establish a storage facility for rail cars when not in use.

The best alternative being proposed for carrying out the proposed development is to:

• expand the storage facility throughout two phases to minimize the overall displacement of Butler’s Gartersnake individuals
• provide an overall benefit to the species through the proposed permit conditions

Actions to minimize negative effects to the species

Cando Rail and Terminals Ltd. is seeking ways to minimize adverse effects on Butler’s Gartersnake and its habitat. These may include:

• retaining a Qualified Biologist to ensure that mitigation measures are properly implemented on the work site
• educating all on-site personnel regarding species at risk identification and proper techniques for encounters with Butler’s Gartersnake
• avoiding areas that could be Butler’s Gartersnake hibernacula when installing subsurface instrastructure
• installing temporary exclusion fencing to prevent Butler’s Gartersnake individuals from accessing the construction areas
• installing coverboards and conducting targeted salvages to remove any Butler’s Gartersnake individuals from the construction areas
• retaining a Qualified Biologist to oversee the installation and inspections of the exclusion fencing, and to conduct targeted salvages
• installing permanent speed limit signs (15 km/hr) and snake crossing signage along an existing access road into the property
• monitoring mitigation measures to ensure they are effective
• inspecting the construction areas before development activities start each day to ensure no snakes have entered the area

Other Information

The Province has published a government response statement under section 12.1 of the ESA with respect to Butler’s Gartersnake.

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

A copy of the government response statement for Butler’s Gartersnake is available at: Butler’s Gartersnake 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.

More information on species at risk overall benefit permits.