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

Richcraft Homes Ltd. has submitted a proposal for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007. The proposal is to construct Phase 1 of its Kanata Highlands Subdivision in Ottawa, Ontario.

The proposal may adversely affect Blanding’s Turtle.

Blanding’s Turtle is listed as threatened on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the Endangered Species Act (ESA).

Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the SARO list as extirpated, endangered or threatened.

Under clause 17(2)(c) of the ESA, the minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if:

• an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
• reasonable steps to minimize negative 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 improving circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit means the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

Richcraft Homes Ltd. is considering alternatives, including alternatives that would not adversely affect the species, and may include:

• not proceeding with the proposed Kanata Highlands Phase 1 Subdivision project
• proceeding with the original development plan whereby Block 181 (0.5 hectares) would not be preserved
• proceeding with a modified development plan whereby Block 181 (0.5 hectares) is preserved

Richcraft Homes Ltd. has concluded that the best alternative for carrying out the project being proposed involves modifying the development plan to reduce the area of impact by 0.5 hectares (i.e. retaining Block 181).

Potential approaches to minimize adverse effects on Blanding’s Turtle may include:

• minimizing the total footprint of the project to retain Block 181 (0.5 hectares)
• installing exclusion fencing to prevent turtles from entering the development area
• conducting vegetation removal and site preparation outside of the active period for the species
• providing homeowner awareness and education packages to educate homeowners on the presence of the species and what to do if they observe one
• providing training to all site workers about the species and what to do if one is encountered
• monitoring of mitigation measures to ensure their effectiveness.

Richcraft Homes Ltd. is working to identify proposed actions (during design, construction, etc.) for carrying out the proposed project and that may be undertaken as additional steps that would achieve an overall benefit for Blanding’s Turtle, which may involve:

• constructing a new wetland to function as habitat for the species
• conducting monitoring of the overall benefit actions undertaken to ensure their effectiveness

A government response statement to the recovery strategy for Blanding’s Turtle has not yet been published.

Posting this proposal on the Environmental Registry does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.