MP3 Cost Sharing Trustee Inc. - Permit for activities to achieve an overall benefit to a species

MP3 Cost Sharing Trustee Inc. 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 Whitlock Avenue Bridge over Sixteen Mile Creek between the Louis St. Laurent Avenue bridge to the north, and the Britannia Road bridge to the south, in the Town of Milton.

The proposal may adversely affect Silver Shiner and its habitat.

Protecting species under the Endangered Species Act

Sections 9 and 10 of the ESA protect individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as either:

• extirpated
• endangered
• threatened

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

Under clause 17(2)(c) of the ESA, the minister may issue a permit authorizing as 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”
• grounded in the protection and recovery of the species at risk 
• more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit

MP3 Cost Sharing Trustee Inc. is working to identify proposed actions that would achieve an overall benefit for Silver Shiner. These may involve:

• installing approximately 150 m² of root wad and boulder structures within Sixteen Mile Creek to enhance instream habitat
• restoring 2,965 m² of forest habitat within currently agricultural areas in the Sixteen Mile Creek floodplain
• conducting long-term monitoring of all overall benefit actions to ensure their effectiveness

Reasonable alternatives being considered

MP3 Cost Sharing Trustee Inc. is considering alternatives, including alternatives that would not adversely affect the species. These may include:

• not proceeding with the proposed Whitlock Bridge Crossing project
• constructing a bridge that spanned the habitat (140 m) within the Sixteen Mile Creek valley, locating all bridge supports outside the regulated floodplain
• considering various alternatives (e.g. creek crossing, limit development, travel demand management initiatives/improve transit services, improve other roadways) and selecting the best alternative based on criteria such as the natural environment, the social, cultural and economic environment and various technical criteria
• considering seven design alignments for detailed assessment for the preferred alternative (i.e. a combination of creek crossing and travel demand management/improve transit services)

MP3 Cost Sharing Trustee Inc. has concluded that the best alternative involves the construction of a bridge with three piers within the floodplain located approximately 30 metres south of the existing farm crossing bridge.

The preferred alternative strikes a balance between:

• achieving the objective of the undertaking of constructing a new bridge crossing to meet identified transportation needs
• limiting the adverse effects to Silver Shiner

Actions to minimize adverse effects on the species

Potential approaches to minimize adverse effects on Silver Shiner may include:

• undertaking works at a time of year when the species is less sensitive to disturbance
• installing sediment and erosion control measures to prevent deleterious effects to water quality and natural areas that could result from construction activities
• ensuring the site is sufficiently restored, stabilized and enhanced as soon as construction activities are completed
• ensuring the existing flows in the watercourse are maintained during all stages of the activities
• isolating the work areas from the stream channel
• training site personnel about the sensitivities associated with working in, and adjacent to, a Silver Shiner watercourse
• ensuring a qualified professional oversees the implementation of the permit conditions (if issued)
• ensuring materials and equipment are operated and stored in manner to prevent harmful substances from entering the watercourses
• ensuring vehicles and equipment refueling and maintenance will be conducted away from watercourses
• ensuring measures are implemented to minimize handling and stress to Silver Shiner should they be encountered in the isolated work area
• monitoring the project’s impacts and monitoring mitigation measures to ensure their effectiveness

Other information

A government response statement to the recovery strategy for Silver Shiner 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.