2634876 Ontario Inc. - Permit for activities to achieve an overall benefit to a species

The minister may issue a permit under clause 17(2)(c) of the Endangered Species Act, 2007 (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:

• an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted
• 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 Eastern Hog-nosed Snake, and may include:

• not proceeding with the proposed residential development
• altering project design to construct only 50% of the proposed residential development and reduce impacts to Eastern Hog-nosed Snake habitat
• proceeding with the draft plan of subdivision as currently proposed that will result in 2/3 of the subject property being developed

The best alternative being proposed includes proceeding with the proposed project and developing a 43-unit residential subdivision, subject to conditions to minimize impacts to Eastern Hog-nosed Snake and its habitat. This alternative will balance Municipal planning and growth requirements, as well as economic implications to the Applicant and the Municipality. The other alternatives have not been adopted as they will not meet the main purposed of the development activity, to support directives to accommodate population growth in the area.

Potential approaches to minimize adverse effects on Eastern Hog-nosed Snake may include:

• retaining a Qualified Professional to oversee that the proposed permit conditions are properly implemented on the site
• altering project design to retain 3.25 hectares of Eastern Hog-nosed Snake habitat at the site
• undertaking Best Management Practices to negate indirect impacts to the retained Eastern Hog-nosed Snake habitat
• installing temporary snake exclusionary fencing around the perimeter of the site to isolate the construction activities and prevent Eastern Hog-nosed Snake from entering the construction site
• installing permanent fencing behind the residential buildings (after construction) and along a portion of the natural habitat areas to prevent humans and pets from disturbing natural vegetation and to prevent the Eastern Hog-nosed Snake from entering the residential area
• undertaking target snake salvage surveys, and relocating all individuals that are encountered within the site to a safe location under the supervision of a Qualified Professional before any construction activities occur
• educating all on-site personnel on necessary training materials to allow for the identification of Eastern Hog-nosed Snake. All on-site personnel will be trained to follow established sighting protocols for Species at Risk
• inspecting work areas and equipment prior to commencing work to ensure no species are present and in harm’s way
• ensuring that if an Eastern Hog-nosed Snake is observed, all construction work within the vicinity of the sighting will stop immediately, and ensuring that work will not resume until approval is given by a Qualified Professional
• implementing an Erosion and Sediment Control Plan, as well as a Spill Response Plan to avoid indirect impacts to the retained adjacent habitats
• providing the new homeowners with educational brochures describing the ecological significance and sensitivity of the surrounding natural features and their importance as habitat to Species at Risk

2634876 Ontario Inc. is working to identify proposed actions that would achieve an overall benefit for Eastern Hog-nosed Snake, which may involve:

• converting 4.21 hectares of agricultural field into and enhancing 0.78 hectares of Category 2 Eastern Hog-nosed Snake habitat
• enhancing the 3.25 hectares of Eastern Hog-nosed Snake habitat being retained by removing existing berms and associated culverts to support the establishment of native vegetation

The proposed beneficial activities are expected to achieve overall benefits for Eastern Hog-nosed Snake, resulting from the creation and enhancement of habitat that is suitable for movement, hibernation, and foraging. As well, creating key habitat features within the new habitat area will provide opportunities for key biological processes (nesting, basking), and the addition of protective cover is expected to increase the quality of habitat for the species.

A Government Response Statement published under subsection 11(8) of the ESA exists for Eastern Hog-nosed Snake and will be considered before a decision is made whether or not to issue a permit.

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