Town of LaSalle: Permit for activities to achieve an overall benefit to a species

Proponent

The Town of LaSalle
5950 Malden Rd.
LaSalle, ON
N9H 1S4

Location details

West of 2820 Normandy Street, between Tenth and Twelfth Avenue, LaSalle, Essex County.

Instrument decision

On December 14, 2022, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to the Town of LaSalle under subsection 17(1) of the Endangered Species Act, 2007 (ESA) concerning Eastern Foxsnake (Carolinian population) and Massasauga (Carolinian population) and their habitat. The permit enables the applicant to create three residential lots and a trail extension in the Town of LaSalle, Ontario.

The permit authorizes the Town LaSalle to adversely impact:

• Eastern Foxsnake and Massasauga individuals
• up to 0.262 hectares of Eastern Foxsnake and Massasauga Rattlesnake habitat

Protecting species under the Endangered Species Act

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

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the ESA gives the Minister the discretion to authorize activities if certain conditions can be met.

The permit includes conditions that requires the Town of LaSalle to undertake measures that will:

• minimize adverse effects to Eastern Foxsnake and Massasauga
• achieve overall benefits to Eastern Foxsnake and Massasauga within a reasonable timeframe

Actions to minimize adverse effects to species

The permit requires the Town of LaSalle to carry out actions to minimize adverse effects on Eastern Foxsnake and Massasauga, including:

• engaging qualified professionals to oversee that the proposed permit conditions and mitigation measures are properly implemented on the site
• providing species education and awareness training to all construction personnel working on site
• installing temporary exclusion fencing around the perimeter of the site to prevent Eastern Foxsnake and Massasauga from entering the site during their active season
• inspecting and repairing the exclusion fencing
• searching the construction area to ensure that no Eastern Foxsnakes or Massasaugas are present
• ensuring that if any snakes are encountered on the site during the project, work in the vicinity will stop until the individual leaves on its own or is safely relocated by a qualified professional
• performing vegetation clearing outside of the species’ active season
• providing residents in the area with information on species at risk snakes and their habitats to reduce potential for negative interactions
• installing and maintaining permanent fencing (e.g. chain link) along the rear and west lot boundaries with signage to discourage future encroachment into the remaining onsite habitat
• ensuring that a 0.5 m wide strip of wood chip mulch is placed along the shoulders of the trail to eliminate the need for any lawn mowing/maintenance by the trail
• installing awareness signage in the area to provide the public with information about species at risk in the area, and best management practices for living with Eastern Foxsnake and Massasauga

Actions to achieve an overall benefit to species

The permit requires the Town of LaSalle to carry out actions to achieve an overall benefit for both species within a reasonable timeframe. This includes enhancing 0.8 hectares of habitat to provide conditions preferred by Eastern Foxsnake and Massasauga by removing woody vegetation and creating microhabitat features (e.g., woody debris, brush/log piles).

These actions are expected to result in the following benefits for Eastern Foxsnake and Massasauga as follows:

• improve the quality of existing habitat at LaSalle Woods by increasing the amount of open prairie habitat that will provide snake basking and birthing areas
• increase habitat connectivity

Other information

The following reasonable alternatives, including alternatives that would not adversely affect the species, were considered:

• not proceeding with the proposed project
• proceeding with the development as planned and designed, considering the presence of species at risk and their habitat, and enhancing habitat at LaSalle Woods

The best alternative is to create and develop the three lots and trail extension. This alternative:

• meets the objective of the project
• is consistent with the Town of LaSalle’s Official Plan

Creating the SAR Management Area at LaSalle Woods will improve conditions for the species in an otherwise heavily altered landscape.

Ontario has published government response statements (GRS) under section 12.1 of the ESA with respect to Eastern Foxsnake and Massasauga. The permit reflects the following objectives outlined in the GRSs for these species:

• protecting and managing existing habitat
• increasing public awareness and threat management
• enhancing and restoring habitat

Comments received

The Ministry received two comments in response to the ERO posting via email.

Effects of consultation

One comment was opposed to the proposal, asserting that the goal of the ESA was not being met.

The second comment from a conservation organization indicated that:

• they were generally satisfied with the content of the permit proposal
• some language in the Ministry’s Environmental Registry of Ontario postings is vague and should be strengthened
• concern that the actions taken to manage a key area of protected snake habitat, alone will not contribute to “no net loss” of regulated Massasauga habitat, let alone achieve “more than” no net loss

The conservation organization has engaged the proponent and will be working collaboratively on implementing the overall benefit activities to provide input as appropriate.

Ministry response

Both comments were carefully considered, and no changes were made to the proposed permit. The ESA enables proponents to seek a permit when they are not able to avoid adverse impacts to species at risk or their habitat. A permit may only be issued if the Minister is of the opinion that the criteria set out in the ESA have been met. The approved permit includes actions to minimize impacts to Eastern Foxsnake and Massasauga and creates additional habitat for the species. Overall benefits to both species will be achieved within a reasonable time and will be accompanied by site monitoring. These actions support the protection and recovery of the species.

Appeal information

Appeals are not allowed. This instrument type cannot be appealed.