Prodigy Gold Incorporated - Permit for activities to achieve an overall benefit to a species

Instrument type: Permit for activities to achieve an overall benefit to a species

ERO number
019-1326
Ministry reference number
NR-C-003-19
Notice type
Instrument
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
February 20, 2020 - March 21, 2020 (30 days) Closed
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.

This consultation was open from:
February 20, 2020
to March 21, 2020

Decision summary

The Minister of the Environment, Conservation and Parks issued an overall benefit permit under the Endangered Species Act, 2007 (ESA) to Prodigy Gold Inc. to develop an open pit mine that will impact two species at risk bats and their habitat. The permit includes actions to benefit the species, minimize adverse effects, and outlines monitoring.

Location details

Site location details

The Project is located in Finan Township, approximately 10 kilometres (km) southeast of the Town of Dubreuilville and 40 km northeast of Wawa, Ontario.

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Prodigy Gold Incorporated
3 Dree Road
Dubreuiville, ON
P0S 1B0
Canada

Decision details

On November 30, 2020, the Minister of the Environment, Conservation and Parks issued a permit to Prodigy Gold Inc., with respect to Little Brown Myotis and Northern Myotis, for the development of an open pit mine within Finan Township near Dubreuilville, Ontario.

The permit will authorize Prodigy Gold Inc. to:

  • impact Little Brown Myotis and Northern Myotis
  • destroy a known bat hibernaculum (i.e. where bats hibernate in the winter)

The permit includes conditions that require Prodigy Gold Inc. to undertake measures that will:

  • minimize adverse effects to Little Brown Myotis and Northern Myotis
  • achieve an overall benefit Little Brown Myotis and Northern Myotis within reasonable timeframe

Actions to minimize adverse effects to species

The permit requires Prodigy Gold Inc. to:

  • retain a Qualified Professional to carry out the conditions of the permit
  • ensure no bats are present within the hibernaculum prior to construction, deferring construction on the open pit until after the bat hibernation period
  • conduct all tree clearing during the overwintering period
  • carry out progressive rehabilitation of associated infrastructure when no longer required
  • provide species awareness training for employees and contractors

Actions to achieve an overall benefit to species

The permit requires Prodigy Gold Inc. to achieve an overall benefit to the species within a reasonable timeframe, including to:

  • design and construct an artificial hibernaculum on the mine site within 5 km of the existing hibernacula; the artificial hibernaculum will be deep enough to maintain suitable temperature and humidity for hibernating bats
  • create and distribute 20 artificial roosting structures to provide summer roosting habitat, to be installed and maintained within 5 km of the existing mine site and, where possible, installed within 400 m of wetlands and lakeshores
  • monitor the artificial hibernaculum for the first three years, and every 5 thereafter for the life of the mine and reporting to the Ministry of the Environment, Conservation and Parks regarding:
    • bat numbers, species composition and preferred microhabitat within the structure
    • temperature and humidity within the artificial hibernaculum
    • swarming activity in August and September and emergence in the spring detected using a bat recorder installed at the mouth of the hibernaculum
  • monitor the artificial roosting structures for occupancy for first three years, and every 5 thereafter for the life of the mine and reporting results to the Ministry of the Environment, Conservation and Parks

Other information

The minister is of the opinion the best alternative has been adopted and that reasonable alternatives that would not adversely affect the species, were considered, such as:

  • establishing the mine elsewhere
  • building an underground mine rather than an open pit

A government response statement under subsection 12(1) of the ESA for Little Brown Myotis, Northern Myotis and Tri-coloured Bat was published September 8, 2020. The government response statement specifies actions including:

  • continue to support conservation, agency, municipal and industry partners, and Indigenous communities and organizations in protecting and recovering Little Brown Myotis, Northern Myotis and Tricolored Bat
  • provide support where appropriate through funding, agreements, permits (including conditions) and/or advisory services
  • work collectively with industry (e.g. mining, aggregates, developers, forestry, problem/nuisance wildlife removal, agriculture, wind power) develop, implement, evaluate and promote best management practices to minimize the impacts of industry activities and operations on Little Brown Myotis, Northern Myotis and Tri-colored Bat and their habitat
  • determine the effectiveness of bat house designs and their value for bat conservation and recovery

Comments received

Through the registry

2

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

We received two comments in response to this Environmental Registry posting:

  • one comment was against the mine proposal
  • one comment expressed concerns regarding the use of artificial roost structures for bats in Ontario

No changes were made to the proposed permit as a result of these comments, since the proposed permit includes actions to:

  • protect and create new hibernaculum
  • support the protection and recovery of the species

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Permissions and Compliance Species at Risk Branch
Address

40 St. Clair Avenue West
14th Floor
Toronto, ON
M4V 1M2
Canada

Office phone number

How to Appeal

Appeals are not allowed

This instrument type cannot be appealed. Learn more about our consultation process.

Connect with us

Contact

Todd Copeland

Phone number
Email address
Office
Species at Risk Branch - Permissions and Compliance
Address

5520 Hwy 101 East
PO Bag 3020
South Porcupine, ON
P0N 1H0
Canada

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Follow this notice

Original proposal

ERO number
019-1326
Ministry reference number
NR-C-003-19
Notice type
Instrument
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

February 20, 2020 - March 21, 2020 (30 days)

Why consultation isn't required

We are not required to consult on this permit application as it relates to an animal and therefore does not meet the required criteria set out in subsection 1.3(6) of Ontario Regulation 681/94 of the Environmental Bill of Rights, 1993. We are voluntarily posting this notice to advise the public of this proposal and to invite the public to submit written comments to the contact person identified in this notice.

Proposal details

Prodigy Gold Incorporated 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 two species of bat:

  • Little Brown Myotis
  • Northern Myotis

The permit is to develop an open pit mine within Finan Township.

The proposed works have the potential to adversely affect Little Brown Myotis, Northern Myotis and their habitat.

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 endangered or threatened, its habitat also receives protection under section 10 of the Act.

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

Prodigy Gold Incorporated is working to identify proposed actions (during design, construction, etc.) that would achieve an overall benefit for Little Brown Myotis and Northern Myotis. These may include:

  • designing and constructing an artificial hibernaculum to replace the hibernaculum on the property
  • monitoring the artificial hibernaculum annually and reporting to MECP for at least three years
  • creating 20 artificial roosting structures to provide summer roosting habitat will be installed and maintained at the mine site
  • using the artificial roosting structures for occupancy monitoring annually for three years and reported to MECP

Reasonable alternatives being considered

Reasonable alternatives are being considered, including alternatives that would not adversely affect Little Brown Myotis and Northern Myotis. These may include:

  • not proceeding with the proposed mine
  • establishing the mine elsewhere
  • building an underground mine rather than an open pit

The best alternative for carrying out the project involves:

  • constructing the open pit mine
  • taking steps to minimize impact to Little Brown Myotis and Northern Myotis and their habitat

Actions to minimize adverse effects on the species

Potential approaches to minimizing adverse effects on Little Brown Myotis and Northern Myotis may include:

  • ensuring no bats are present within the existing hibernaculum prior to construction, deferring construction on open pit until after the bat hibernation period is over
  • conducting all tree clearing during the overwintering period
  • carrying out progressive rehabilitation of associated infrastructure when no longer required
  • providing species awareness training for employees and contractors

Other information

Canada's recovery strategy for Little Brown and Northern Myotis (Environment and Climate Change Canada 2018) ranks White Nose Syndrome as the greatest threats facing bats and research into "techniques to prevent or reduce the spread, mitigate the effects of, and/or treat WNS as a high priority.

A government response statement under subsection 11(8) of the Endangered Species Act, 2007 for Little Brown Myotis and Northern Myotis has not been prepared.

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 Endangered Species Act, 2007 have been satisfied.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Permissions and Compliance Species at Risk Branch
Address

40 St. Clair Avenue West
14th Floor
Toronto, ON
M4V 1M2
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from February 20, 2020
to March 21, 2020

Connect with us

Contact

Todd Copeland

Phone number
Email address
Office
Species at Risk Branch - Permissions and Compliance
Address

5520 Hwy 101 East
PO Bag 3020
South Porcupine, ON
P0N 1H0
Canada