Infrastructure Ontario - Permit for activities to achieve an overall benefit to a species

Infrastructure Ontario has applied for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 with respect to three species of bats:

• Little Brown Myotis
• Northern Myotis
• Eastern Small-footed Myotis

The permit, if issued, would authorize the site alteration of four warehouse buildings in the City of Toronto in order to build affordable housing, meeting the needs of people in the province.

The building footprints account for approximately 5,686 m² of potential maternity and/or day roosting habitat for Little Brown Myotis, Northern Myotis and Eastern Small-footed Myotis. The proposed activities could therefore adversely affect these species at risk and their habitat.

Protecting species under the Endangered Species Act

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007. Section 9 of the Act protects species that are listed on the Species at Risk in Ontario List as either:

• extirpated
• endangered
• threatened

If a species is endangered or threatened, its habitat also receives protection under section 10 of the Act.

The Minister may issue a permit under clause 17(2)(c) of the Endangered Species Act, 2007 that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Act if:

• an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted
• reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit

Providing an overall benefit to a protected species under the Endangered Species Act, 2007 means improving circumstances for the species in Ontario. Overall benefit is:

• grounded in the protection and recovery of the species at risk
• must include more than mitigation measures or “replacing” what is lost
• more than “no net loss” or an exchange of “like for like”

Actions to achieve an overall benefit to species

Infrastructure Ontario is working to identify proposed actions that would achieve an overall benefit for Little Brown Myotis, Northern Myotis and Eastern Small-footed Myotis.

These may include:

• creating habitat for species at risk bats to compensate for the habitat that was removed, including the installation of artificial roosting habitat such as rocket boxes and Branden Bark roost structures
• monitoring the overall benefit actions undertaken to ensure they are effective

Reasonable alternatives being considered

Reasonable alternatives are being considered, including alternatives that would not adversely affect Little Brown Myotis, Northern Myotis and Eastern Small-footed Myotis.

These may include:

• not proceeding with the proposed building site alteration
• proceeding with the proposed project on an alternative site

Infrastructure Ontario has concluded that the best alternative for carrying out the proposed project is to proceed with the building site alteration.

Actions to minimize adverse effects on the species

Potential approaches to minimizing adverse effects on Little Brown Myotis, Northern Myotis and Eastern Small-footed Myotis may include:

• conducting site alteration works outside of the active period for bats
• providing contractors with education on how to identify the species at risk and what steps to take should the species at risk be encountered within the project area

Other information

Government response statements to the recovery strategy for Little Brown Myotis, Northern Myotis and Eastern Small-footed Myotis have been published by the province and will be considered before a decision is made 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 Endangered Species Act, 2007 have been satisfied.