Branthaven Queen West Inc. - Permit for activities to achieve an overall benefit to a species

Branthaven Queen West Inc. is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for the construction of a residential development composed of 70 townhouses.

The proposed activities may adversely affect approximately 529 square metres of habitat for Redside Dace.

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 list as either:

• extirpated
• endangered
• threatened

Redside Dace is listed as endangered and is therefore protected.

Under clause 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 ESA 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 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
• more than mitigation measures or "replacing" what is lost

Actions to achieve an overall benefit to species

Branthaven Queen West Inc. is identifying proposed actions that would achieve an overall benefit for Redside Dace. These may involve:

• creating 383 square metres of new riparian habitat through the planting of trees and shrubs at the project site
• restoring 354 square metres of habitat that will be temporarily impacted by the proposed project by converting ploughed fields to grassed backyards
• enhancing 2,064 square metres of habitat through reforestation of an existing ploughed field area at the project site
• developing an educational awareness information package on Redside Dace to distribute to new homeowners of the proposed residential development

These actions are expected to achieve overall benefits for Redside Dace, resulting in:

• increased habitat within 30 metres of the meanderbelt of a watercourse occupied with Redside Dace
• improved quality of habitat for the species
• increased public awareness for the species

Reasonable alternatives being considered

Branthaven Queen West Inc. has considered alternatives, including alternatives that would not adversely affect Redside Dace and its habitat. These include:

• doing nothing (existing regularly ploughed field would remain at the project site)
• developing the western half of the project site only
• developing the project site without encroachment into Redside Dace habitat
• developing the project site with a site plan layout that avoids encroachment into the 10 metre buffer area from the forest dripline
• developing the project site as planned while minimizing encroachment of residential units and/or backyards in Redside Dace habitat

Branthaven Queen West Inc. has concluded that the best alternative includes developing the project site while minimizing encroachment of residential units and/or backyards in Redside Dace habitat. They identified the design alternative provides a balance between the objective of constructing a new residential development and limiting the adverse effects to Redside Dace and its habitat.

Actions to minimize adverse effects on the species

Branthaven Queen West Inc. is looking for ways to minimize adverse effects on Redside Dace and its habitat. These may include:

• ensuring no in-water work
• installing erosion and sediment control measures before work starts and maintaining those measures until disturbed areas have been effectively stabilized
• ensuring materials and equipment are operated and stored in a way that prevents harmful substances from entering the watercourse
• developing a spills action plan to address an emergency event related to the release of a hazardous material
• undertaking work within regulated Redside Dace habitat areas at a time of year when Redside Dace are less sanative to disturbance (i.e. July 1 – September 15)
• ensuring all machinery arrive on site in a clean condition and is checked and maintained free of fluid leaks
• monitoring mitigation measures throughout the construction period to ensure they are effective
• installing fencing behind residential unit backyards to restrict resident access in habitat areas (i.e. protecting vegetated habitat from trampling and disturbance, and to protect the reforested overall benefit areas)

Other information

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Redside Dace. The ministry will consider the response statement before a decision to issue an overall benefit permit.

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.