Bridgebrook Corp. - Permit for activities to achieve an overall benefit to a species and/or to pay a species conservation charge (ESA s.17(2) (c))

Bridgebrook Corp. has submitted an application for a permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to develop a residential subdivision at 7370 Centre Road, Uxbridge, Regional Municipality of Durham, Ontario.

The proposed activities will adversely impact:

• 18 Butternut trees
• 4.1 hectares of Butternut 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 Act 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

Butternut is listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the ESA as endangered.

The main threat to the survival of Butternut trees is Butternut Canker, a disease affecting most Butternut trees across the province.

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 Act if the Minister believes that:

• either:
  • an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit, or
  • the person who would be authorized by the permit to engage in the activity has agreed to pay to the Species at Risk Conservation Fund any Species Conservation Charges that are required by 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

The option to pay a species conservation charge is only available for a species designated by regulation under the ESA as a conservation fund species. Butternut has been designated as a conservation fund species.

Reasonable alternatives being considered

Bridgebrook Corp. has explored a range of alternatives, including alternatives that would not adversely affect Butternut. These include:

• altering the development to avoid all Butternut trees and habitat
• not proceeding with the proposed development

These alternatives are not feasible to Bridgebrook Corp. because:

• altering the development design to retain all 94 Butternut trees and their habitat would require eliminating or compromising 46 lots and several streets, thereby compromising the design and subdivision layout
• not proceeding with the proposed development would prevent them from meeting the need to develop a residential subdivision in the Uxbridge area

Bridgebrook Corp. has concluded that the best alternative for carrying out the proposed subdivision development is to retain:

• 87 of the 94 Butternut Trees
• as much habitat as possible to minimize damage to remaining Butternut

Actions to minimize negative effects to the species

The proposed permit would require ways to minimize adverse effects on Butternut. These may include:

• ensuring that a Qualified Professional provides Butternut awareness training to all on-site personnel
• retaining natural heritage features and using buffers to retain as much Butternut habitat as possible and minimize damage to remaining trees

Species conservation charge

The proposed permit would require Bridgebrook Corp. to pay a species conservation charge.

Bridgebrook Corp. has agreed to pay the species conservation charge, which would be calculated based on impacts to:

• Butternut
• Butternut habitat

The formula for this calculation is set out in O. Reg. 829/21.

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Butternut.

A copy of the government response statement for Butternut is available at: https://www.ontario.ca/page/butternut-government-response-statement

This response statement will be considered in:

• determining whether or not to issue the permit
• developing any future permit conditions

Posting this proposal on the Environmental Registry of Ontario 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.