Toronto and Region Conservation Authority - Permit for activities to achieve an overall benefit to a species

The Toronto and Region Conservation Authority has submitted a proposal in relation to an overall benefit permit under clause 1 7(2)(c) of the Endangered Species Act, 2007 with respect to Redside Dace in order to construct an approximately 3,000 metre pedestrian trail with two bridge crossings within the Claireville Conservation Area and the West Humber River valley between Goreway and McVean Drives, north of Queen Street in the City of Brampton.

The proposed works has the potential to adversely affect Redside Dace, a small fish, and its habitat.

Section 9 of the Endangered Species Act, 2007 (ESA) provides for the protection of a species that is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species. If a species is listed as an endangered or threatened species, its habitat also receives protection under section 10 of the ESA.

Redside Dace is listed on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the ESA, as an endangered species.

Habitat protection under section 10 of the ESA applies to Redside Dace, and the specific habitat of Redside Dace has been prescribed by Ontario Regulation 242/08.

The minister may issue a permit under clause 1 7(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA, if the minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but:

1. an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit
2. reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted
3. reasonable steps to minimize adverse 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 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.

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

• developing the trail out outside of Redside Dace habitat
• reducing the number of river crossings associated with the bridge and trial works
• realigning the trail with no river crossings to avoid regulated habitat
• reducing the preferred trail width to reduce permanent impact to habitat
• not constructing the trail; and
• refining the trail alignment to minimize, to the extent possible, impact within regulated Redside Dace habitat

The best alternative being proposed includes refinements to the trail alignment to minimize impact to habitat while achieving a balance between competing social, financial and ecological constraints, addressing species and habitat concerns and still preserving the main purpose of the trail development activity.

Potential approaches to minimize adverse effects on Redside Dace may include:

• ensuring a sediment and erosion control plan is in place pre and postconstruction until disturbed areas are stable
• adjusting timelines to avoid periods when the species is present or sensitive to disturbance
• selecting an access route with the least amount of disturbance to soil and vegetation
• isolating, inspecting and maintaining all stockpile areas and areas of disturbance for the duration of the permit
• limiting the areas of exposure into manageable sections to minimize sediment release
• operating machines in a manner that minimizes disturbance to the banks of the watercourse
• refueling and maintaining machines at least 30 metres form the watercourse
• immediately stabilizing any exposed areas with erosion control matting, native seed or plant material as appropriate
• ensuring a qualified professional conducts inspections and provides monitoring reports during construction and overall benefit activities

The Toronto and Region Conservation Authority is working to identify proposed actions for carrying out the proposed project and also that may be undertaken as additional steps that would achieve an overall benefit to Redside Dace. This may involve:

• retrofitting and monitoring three (3) existing stormwater management ponds located within the City of Brampton and same tributaries that have been identified as an opportunity to protect and rehabilitate Redside Dace populations and habitats by mitigating existing thermal pressures downstream in order to permanently provide habitat quality improvements, reducing a key threat to the species and promoting long-term recovery for the species.

A government response statement has been published under subsection 11(8) of the ESA for Redside Dace and will be considered before a decision is made on whether to issue an overall benefit permit.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be issued; a permit may only be issued where the legal requirements set out in clause 1 7(2)(c) of the ESA have been satisfied.