Conmar Developments Inc. and Fenlands Vaughan Inc. - Permit for activities to achieve an overall benefit to a species

Conmar Developments Inc. and Fenlands Vaughan Inc. (the applicant)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 Redside Dace. The permit is to develop a commercial facility with associated roads, stormwater management facilities and commercial services within the City of Vaughan.

Protecting species under the Endangered Species Act

Section 9 of the Endangered Species Act, 2007 protects species that are listed on the Species at Risk in Ontario List as either extirpated, endangered or threatened. If a species is listed as endangered or threatened, its habitat also receives protection under section 10 of the act.

Redside Dace is listed as an endangered species, and its specific habitat is therefore protected.

The minister may issue a permit under clause 17(2)(c) of the Endangered Species Act, 2007 that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the act, if the minister believes that:

• 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 Endangered Species Act, 2007 means improving circumstances for the species in Ontario. Overall benefit is:

• more than “no net loss” or an exchange of “like for like”
• grounded in the protection and recovery of the species at risk
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

The applicant is working to identify proposed actions that would achieve an overall benefit to Redside Dace. These may involve:

1. Creating and establishing two wetland complexes that are 0.51 and 0.12 hectares, and will improve Redside Dace habitat quality by:

• providing nutrients and organic material supplies for Redside Dace
• reducing the input of total suspended solids and road salt contributions from entering into adjacent water bodies
• supply of clean roof (surface) water contributions to adjacent water bodies

2. Extending baseflow contributions to the created wetlands by:

• installation an on-site clear water collector unit to release water downstream in a slow and measured rate
• ensuring outflows from a downstream storm water management pond are released in a slow and measured rate

3. Improving cool water conditions for Redside Dace habitat by:

• installing precipitation infiltration controls and regulating the clear water collector unit to release cool water supplies
• establishing 0.84 hectares native shrubs and trees that will surround the created wetlands and existing watercourses to provide shading and thermal cooling of Redside Dace contributing habitat
• incorporating thermal cooling features (e.g. deep permanent pools, cooling trenches) to the downstream storm water management pond

4. Improving the coarse sediment supply to downstream reaches of Redside Dace habitat by depositing alluvium at the outlets of specific reaches on the subject lands

5. Ending the on-site agricultural activities that occur within the subject lands

Reasonable alternatives being considered

Alternatives are being considered, including alternatives that would not adversely affect Redside Dace. These may include:

• not proceeding with project
• developing the proposed commercial facility and parking area(s) outside of Redside Dace habitat

Actions to minimize adverse effects on the species

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

• installing sediment and erosion control measures to prevent contamination or impacts to the water bodies and natural areas within the subject lands
• ensuring proper use of machinery on the subject lands, which may include:
  • refueling and maintaining machines at least 30 metres from the watercourse
  • operating machines in a manner that minimizes disturbance to the banks of the watercourse
  • adjusting timelines to avoid periods when the species is present or sensitive to disturbance
  • implementing precipitation infiltration controls to mitigate temperature and surface water fluctuations in adjacent tributaries
  • directing storm water runoff to a downstream storm water management pond

We published a government response statement under subsection 11(8) of the Endangered Species Act, 2007 for Redside Dace and we will consider it before making a decision 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 17(2)(c) of the Endangered Species Act, 2007 have been satisfied.