Jungbunzlauer Canada Inc. - Permit for activities to achieve an overall benefit to a species

Instrument type: Permit for activities to achieve an overall benefit to a species

ERO number
019-7011
Ministry reference number
WC-C-004-23
Notice type
Instrument
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision
Decision posted
Comment period
May 16, 2023 - June 15, 2023 (30 days) Closed
Last updated

This consultation was open from:
May 16, 2023
to June 15, 2023

Decision summary

The Minister has issued an overall benefit permit under the Endangered Species Act, 2007 to Jungbunzlauer Canada Inc. regarding construction activities that will impact Spoon-leaved Moss, a species at risk. The permit includes actions to benefit the species and minimize adverse effects and requires monitoring and reporting.

Location details

Site address

1555 Elm Street
Port Colborne, ON
L3K 5V5
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Jungbunzlauer Canada Inc.
1555 Elm Street
Port Colbourn, ON
L3K 5V5
Canada

Decision details

On June 30, 2023, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to Jungbunzlauer Canada Inc. under subsection 17(1) of the Endangered Species Act, 2007 (ESA) concerning Spoon-leaved Moss.

The permit authorizes the Jungbunzlauer Canada Inc. to adversely impact:

  • Spoon-leaved Moss
  • 1.46 ha of Spoon-leaved Moss habitat

Protecting species under the Endangered Species Act

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

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the ESA gives the Minister the discretion to authorize activities if certain conditions can be met.

The permit includes conditions that require Jungbunzlauer Canada Inc. to undertake measures that will:

  • minimize adverse effects to Spoon-leaved Moss
  • achieve an overall benefit to the Spoon-leaved Moss within a reasonable timeframe

Actions to minimize adverse effects to species

The permit requires Jungbunzlauer Canada Inc. to carry out actions to minimize adverse effects on the species, including:

  • translocating (i.e. transplanting, relocating) the eight Spoon-leaved Moss colonies that exist at the site into a new area of suitable habitat
  • taking steps to ensure at least 80% survival of the translocated colonies

Actions to achieve an overall benefit to species

The permit requires Jungbunzlauer Canada Inc. to carry out actions to achieve an overall benefit for the species within a reasonable timeframe, including:

  • transplanting the species into a suitable habitat larger than the area it was removed from
  • allowing the colony an opportunity to grow in the new location if site conditions prove to be suitable
  • documenting best management practices on how to transplant the species and making this information publicly available (e.g., online, in a peer-reviewed journal etc.)
  • conducting targeted surveys to identify previously unknown or historic colonies and making this information freely available
  • documenting effective survey techniques and observed habitat preferences of the species

These actions are expected to:

  • allow the existing colony salvaged from the site to grow larger in its new location if site conditions prove to be suitable
  • help identify the species in other locations consistent with the government’s recovery goal for the species
  • share best management practices on transplanting the species to improve survivorship when it is transplanted

Other information

Reasonable alternatives were considered, including alternatives that would not adversely affect the species, such as:

  • not constructing the truck parking and staging area
  • relocating the truck parking and staging area to another area of the property that does not provide habitat for the species.

No construction was not the preferred alternative because it would prevent the proponent from expanding operations at the facility.

Relocating the construction to another area was not the preferred alternative because there are no other suitable onsite locations.

The best alternative is to:

  • proceed with the trucking expansion
  • to salvage and relocate the colony of Spoon-leaved Moss that occur at the site
  • take steps to provide an overall benefit to the species.

Ontario has published a government response statement (GRS) under section 12.1 of the ESA with respect to Spoon-leaved Moss. You can access it through the ministry’s website:

Spoon-leaved Moss government response statement | ontario.ca

Consideration was given to this GRS and permit conditions support the recovery goal and objectives for the species, including:

  • maintaining existing subpopulations in Ontario and increasing their size where biologically and technically feasible by transplanting the species into an area of suitable habitat larger than the area it was removed from, allowing the colony an opportunity to grow in the new location should site conditions prove to be suitable
  • increasing knowledge of the Protected Species’ distribution through targeted surveys in areas with high habitat suitability, including areas where there have been previous records of the species and in areas where it has not been found
  • documenting optimal techniques and feasibility of transplanting Spoon-leaved Moss

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

One comment was received supporting the at least 80% survivorship target for translocation.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Species at Risk Branch
Address

300 Water Street
5th Floor, North tower
Peterborough, ON
K9J 3C7
Canada

Office phone number

How to Appeal

Appeals are not allowed

This instrument type cannot be appealed. Learn more about our consultation process.

Connect with us

Contact

Clairissa Myschowoda

Phone number
Office
Species at Risk Branch - Permissions
Address

300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada

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Original proposal

ERO number
019-7011
Ministry reference number
WC-C-004-23
Notice type
Instrument
Act
Endangered Species Act , R.S.O. 2007
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

May 16, 2023 - June 15, 2023 (30 days)

Proposal details

We are proposing to issue an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 to Jungbunzlauer Canada (JBL, the Proponent) . The permit would authorize impacts to Spoon-leaved Moss (the Species) so they may expand trucking facilities at their existing manufacturing facility in Port Colborne.

Project activities are expected to include:

  • site grading
  • installing paved areas

Approximately 1.46 hectares (ha) of Spoon-leaved Moss habitat is expected to be adversely impacted by the project.

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

Spoon-leaved Moss is listed as Threatened on the SARO list.

Habitat loss and degradation, usually due to expanding development, are the primary threats to Spoon-leaved Moss in Ontario. Populations are threatened by off-road vehicles, trails establishment, garbage dumping and salt runoff from roads.

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 Proponent is seeking ways to provide an overall benefit to the species, including:

  • transplanting the Species into an area of suitable habitat larger than the area it was removed from; allowing the colony an opportunity to grow in the new location, and
  • documenting best management practices on how to transplant the Species and making this information publicly available (e.g., online, in a peer-reviewed journal etc.).

These actions are expected to:

  • allow the existing colony salvaged from the site to grow larger in its new location
  • share best management practices on transplanting the Species to improve survivorship when it is transplanted

Reasonable alternatives being considered

The Proponent has explored other alternatives, including those that would not adversely impact the Species. These include:

  • not constructing the truck parking and staging area. This was not the preferred alternative because it would impede the ability of the Proponent to expand it operations at the facility, and
  • relocating the truck parking and staging area to another area of the property that does not provide habitat for the Species. This was not the preferred alternative because there are no other onsite locations that would be suitable.

The preferred alternative is to proceed with the trucking expansion, to salvage and relocate the colony at the site and to take steps to provide an overall benefit to the Species.

Actions to minimize adverse effects on the species

The Proponent is seeking ways to minimize adverse effects on the Species and their habitat, which are likely to include:

  • transplanting the entire Spoon-leaved Moss colony at the project site into a new area of suitable habitat and,
  • taking steps to ensure 80% survival of the transplanted colony.

Other information

The Minister is required to consider any government response statements (GRS) to a recovery strategy published under subsection 12.1 of the ESA before deciding whether to issue an overall benefit permit.

A GRS does not currently exist for Spoon-leaved Moss.

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 Endangered Species Act, 2007 have been satisfied.

More information on species at risk overall benefit permits.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Species at Risk Branch
Address

300 Water Street
5th Floor, North tower
Peterborough, ON
K9J 3C7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from May 16, 2023
to June 15, 2023

Connect with us

Contact

Clairissa Myschowoda

Phone number
Office
Species at Risk Branch - Permissions
Address

300 Water Street
4th Floor, South tower
Peterborough, ON
K9J 3C7
Canada