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

The Regional Municipality of York has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA), for impacts to Redside Dace, so they can widen Bathurst Street and improve culverts from Highway 7 to Major Mackenzie Drive, Richmond Hill, Ontario.

The proposal may adversely impact:

• Redside Dace individuals
• approximately 8, 238 m² of Redside Dace habitat

Protecting species under the Endangered Species Act

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 on the Species at Risk in Ontario List as endangered; therefore, it is protected.

Habitat protection under subsection 10(1) of the ESA applies to Redside Dace. Ontario Regulation 832/21 prescribes the specific habitat of Redside Dace.

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 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

The Regional Municipality of York is working to identify proposed actions that would achieve an overall benefit for Redside Dace. These may involve:

• improvements to fish passage
• improvements to stream morphology (sediment transport/riffle pools)
• treatment of storm water from roadway before entering stream

Reasonable alternatives being considered

The Regional Municipality of York has explored alternatives, including alternatives that would not adversely affect Redside Dace and their habitat. These include:

• Do nothing - ‘No Development’ is not an acceptable alternative as it would not fulfill the purpose of the undertaking which is to accommodate increased traffic and bring the road up to current engineering standards
• Alternative 1: Open-bottom culverts with 2:1 slopes (EA recommendation)
• Alternative 2: Open-bottom culverts with 2:1 slopes
• Alternative 3: Reduced-length open-bottom culverts with retaining walls
• Alternative 4: Long Span Bridge structure
• Alternative 5: reduced length open-bottom culverts, concrete arch structure with retaining walls
• Alternative 6: Reduced-length, single cell, closed bottom box culverts with retaining walls and aprons

The Regional Municipality of York has concluded that the best alternative for carrying out the proposed project is Alternative 6. This design alternative provides a balance between carrying out the road improvements and limiting any adverse effects to Redside Dace and its habitat.

Actions to minimize adverse effects on the species

The Regional Municipality of York is seeking ways to minimize adverse effects on the Redside Dace and its habitat. These may include:

• installing erosion and sediment control fencing before work starts and maintaining the fence until disturbed areas have been effectively stabilized
• ensuring no sediment laden water is discharged to the watercourses at any time
• ensuring all machinery arrive on site in a clean condition and is to be checked and maintained free of fluid leaks
• working during the appropriate timing window for Redside Dace (July 1 to September 15)
• isolating all in water work and conducting work ‘in the dry’
• ensuring equipment maintenance and storage of fuel and materials are carried out a minimum of 30 metres away form the watercourse
• ensuring no equipment enters the watercourse at anytime
• using qualified professionals to monitor the various stages of work including fish rescues, stream work and erosion and sediment control measures
• restoring all disturbed areas within the regulated habitat limits immediately following the completion of the proposed works
• ensuring materials and equipment are operated and stored in a way that prevents harmful substances from entering the watercourse

Other information

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 with respect to Redside Dace. The response statement will be considered 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 Act have been satisfied.

More information on species at risk overall benefit permits.