Chrisview Custom Homes Ltd. - Permit for activities to achieve an overall benefit to a species

Description of instrument

Chrisview Custom Homes Ltd. has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 with respect to Blue Ash in order to construct an 18-space parking lot at 415 Water Street in Cambridge, Ontario.

Other information

The proposal to construct a parking lot has the potential to adversely affect four (4) Blue Ash and their habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Blue Ash and its habitat.

Blue Ash is listed on the Species at Risk in Ontario List, in Ontario Regulation 230/08 of the Endangered Species Act, as Threatened.

Subsection 9(1) of the Endangered Species Act provides for the protection of endangered, threatened (and extirpated) species on the Species at Risk in Ontario List.

Habitat protection under subsection 10(1) of the Endangered Species Act applies to Blue Ash.

The Endangered Species Act allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the Endangered Species Act involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Minister may issue a permit under clause 17(2)(c) of the Endangered Species Act that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Endangered Species Act if the Minister is of the opinion that:

1. an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
2. reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
3. reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.

Reasonable alternatives are being considered, including alternatives that would not adversely affect Blue Ash, and may include:

• Altering construction designs to avoid impacts to all Blue Ash;
• Altering construction designs such as reducing the size or shifting the location of the parking lot to avoid impacts to some Blue Ash; and
• Building the parking lot to the full capacity.

Potential approaches to minimize adverse effects on individual members of Blue Ash and its habitat may include:

• Protecting the tree to be retained; and
• Retaining a qualified professional to carry out conditions of the permit.

Potential approaches to achieve an overall benefit for Blue Ash may include:

• Planting Blue Ash at an offsite conservation area to increase the overall number of trees and habitat within the native range.

A Government Response Statement published under subsection 11(8) of the Endangered Species Act does not currently exist for Blue Ash.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; an overall benefit permit may only be issued where the legal requirements set out in clause 17(2)(c) of the Endangered Species Act have been satisfied.