KDSA Development Corporation - Permit for species protection or recovery

Description of instrument:

On June 17, 2015, a permit was issued to KSDA Development Corporation (the “Proponent ”) under clause 17(2)(c) of the Endangered Species Act, 2007, to harm five (5) Category 2 and one (1) Category 3 Butternut trees, as well as and damage their habitat in order to Butternut in order to facilitate road advancement in support of a subdivision development in the geographic township of McNab, Renfrew County.

On June 08, 2018, the Ministry of Natural Resources and Forestry was notified that the Permit misidentified a Butternut with an incorrect Tree Number in the Permit, as Butternut Tree Number 32 was labelled as Tree Number 23 in the Permit. In addition, the Proponent requested that the authorization to this tree be changed from “harmed” to “kill” since the tree intersects with the proposed road development. As a result, the Proponent wishes to update the Permit to correctly identify Butternut Tree Number 32, as well as the authorization for this tree, in order to finish their proposed works.

Other information:

Subclause 17(7)(a)(i) of the Endangered Species Act provides the authority for the Minister to amend a permit issued under 17(2)(c) of the Endangered Species Act with the consent of the permit holder. However, the Minister must be of the opinion that he or she would have been authorized to issue the permit under clause 17(2)(c) in its amended form. The permit as amended would continue to meet the legal tests as described below for Butternut.

Test 1 - Overall benefit to the species will be achieved within a reasonable time through requirements imposed by the following conditions of the amended permit:

• archive 1 Butternut that demonstrates potential resistance to Butternut canker

Test 2 - The Minister is of the opinion that reasonable alternatives have been considered, including alternatives that would not adversely affect the species including:

• conducting the activity in an alternate location
• using alternative methods, equipment, designs, etc. for carrying out the proposed activity

The best alternative, which was adopted, included redesigning the access plans to maximize retention of healthy Butternuts.

Test 3 - The Minister is of the opinion that reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit, as amended, including:

• minimizing the number of trees on site that are removed
• protect Butternut identified as Tree Numbers 8, 13, 27, 33 and Tree Number 25 from adjacent site preparation with fencing to restrict construction activity
• retaining a qualified professional to carry out conditions of the permit

A Government Response Statement published under ss. 11(8) of the Endangered Species Act exists for Butternut, and was considered when reviewing the proposed permit amendment.