Regional Municipality of Halton - Permit for activities to achieve an overall benefit to a species

The Regional Municipality of Halton has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to improve the existing bridge over Sixteen Mile Creek (“Boyne Bridge”) to accommodate the widening of Britannia Road from two to six lanes between Regional Road 25 and Thompson Road in the Town of Milton, Regional Municipality of Halton. Sixteen Mile Creek at the Boyne Bridge is occupied by Silver Shiner.

The Proposed activities may adversely impact:

• Silver Shiner individuals
• approximately 14,051 m² of Silver Shiner habitat

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007 (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 Species at Risk in Ontario (SARO) List as either:

• extirpated
• endangered
• threatened

Silver Shiner is listed on the SARO List, under O. Reg. 230/08 of the ESA, as a threatened species therefore it is protected.

Under section 17(2)(c) of the ESA, the Minister of the Environment, Conservation and Parks may issue a permit authorizing 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 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 to the species

The Regional Municipality of Halton is working to identify ways to provide an overall benefit to Silver Shiner and its habitats. These may involve:

• replacing Boyne Bridge with twin single span bridges that have larger spans to reduce downstream flow energy and backwater effect upstream of Britannia Road
• undertaking 6,600 m² of habitat restoration which will involve implementing a detailed planting and restoration plan to address degraded habitat directly adjacent to Sixteen Mile Creek for the purpose of reducing sediment and contaminants entering the stream, increasing overhanging vegetation that provides shade, cover and a source of food for Silver Shiner
• improving existing stormwater treatment and run-off conditions by providing enhanced treatment for stormwater from the road and redirecting some of the stormwater run-off from the Britannia Road catchment area to an adjacent stormwater management pond to reduce the amount of run-off and improve the quality of stormwater run-off that is discharged to Silver Shiner habitat

These proposed actions are expected to achieve overall benefit for Silver Shiner, resulting in:

• improved water quality due to decreased amounts of coarse sediments and contaminants being discharge to the stream from the road surface
• improved in-stream, floodplain and riparian habitat for the species

Reasonable alternatives being considered

The Regional Municipality of Halton is considering alternatives, including alternatives that would not adversely affect Silver Shiner and its habitat. These include:

• not proceeding with the proposed development
• symmetrical widening of the Boyne bridge over Sixteen Mile Creek
• widening to the south of the Boyne bridge over Sixteen Mile Creek
• widening to the north of the Boyne bridge over Sixteen Mile Creek

The Regional Municipality of Halton has concluded that the best alternative for carrying out the proposed project is the symmetrical widening of the Boyne bridge over Sixteen Mile Creek by replacing the single span Boyne Bridge with twin single span bridges which will facilitate the widening of Britannia Road. A number of measures to minimize adverse effects on Silver Shiner and its habitats have been incorporated into the design of the preferred alternative. They include:

• selecting bridge designs with larger spans than Boyne Bridge to reduce downstream flow energy and backwater effect upstream of Britannia Road
• lowering the profile of the bridges to reduce the amount of fill to be placed within the floodplain and minimize the permanent footprint of the bridge embankments
• selecting bridge foundation types and configurations that will reduce the amount of open cut excavation and dewatering required during construction to lower the risk of a sediment release during high flow events

Actions to minimize negative effects to the species

The Regional Municipality of Halton is seeking ways to minimize adverse effects on Silver Shiner and its habitats. These may include:

• implementing an approved erosion and sediment control plan that includes fully isolating active work areas with silt fencing or coffer dams, dewatering and discharge filtration, regular inspection and maintenance of erosion and sediment controls
• undertaking all in-water work during a time of year when Silver Shiner are less sensitive to disturbance (generally July 1 to September 15)
• prior to commencing in-water work, isolating the work areas in the channel, and transferring fish from the from the work area into adjacent suitable habitat
• ensuring proper use of machinery, including performing equipment maintenance away from water bodies
• ensuring that the stormwater management strategy includes measures to minimize stormwater run-off from Britannia Road as well as maximize stormwater run-off treatment

Other information

A government response statement under section 12.1 of the Endangered Species Act, 2007 (ESA) is not available for Silver Shiner.

Posting this proposal on the Environmental Registry does not imply that the Minister 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.

More information on species at risk overall benefit permits.