Greenwood Paving Pembroke Ltd. - Permit for activities to achieve an overall benefit to a species

The proposal to construct an aggregate pit has the potential to adversely affect Eastern Whip-poor-will habitat as described in the general habitat description. The proposed permit conditions would provide benefits that exceed the adverse effects on Eastern Whip-poor-will habitat.

Eastern Whip-poor-will is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation (O. Reg.) 230/08 of the ESA, as Threatened.

Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.

Habitat protection under the ESA applies to Eastern Whip-poor-will (subsection 10(1)). The habitat of Eastern Whip-poor-will has been described in a general habitat description.

The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that:
(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;
(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
(iii) reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.

Greenwood Paving Pembroke Ltd. is in the process of obtaining a “Category 3 - Class ‘A’ pit above water” aggregate licence under the Aggregate Resources Act, and is seeking an overall benefit permit under clause 17(2)(c) of the ESA as portions of the project area occur within general habitat of the Eastern Whip-poor-will. Territories of four Eastern Whip-poor-will will be affected; approximately 26 hectares.

Reasonable alternatives are being considered, including ones that would not adversely affect the species, and may include:

• not proceeding with the project. This alternative was not considered feasible as the site has been identified and zoned as Extractive Mineral Reserve, and we must consider a balanced use of resources
• relocating the project area to avoid damaging or destroying habitat. This alternative was not feasible due to the physical location of the aggregate resource

Potential approaches to minimize adverse effects on individual members of Eastern Whip-poor-will may include:

• timing works to avoid sensitive nesting period for the Eastern Whip-poor-will
• phasing extraction over a number of years to minimize the amount of habitat damaged and/or destroyed at one time

Potential approaches to achieve an overall benefit for Eastern Whip-poor-will may include:

• creating and maintaining new habitat, greater than the area that is impacted
• rehabilitating the site, post extraction, to higher quality habitat
• undertaking a project to answer a research question related to Eastern Whip-poor-will or its habitat

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.