2121 Cornwall Road Portfolio Inc. - Permit for activities to achieve an overall benefit to a species

2121 Cornwall Road Portfolio Inc. has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for impacts to Kentucky Coffee-tree to expand an existing parking lot at 2175 Cornwall Road, Oakville, Ontario.

The proposed activities may adversely impact:

• Kentucky Coffee-tree individuals
• approximately 0.24 hectares of Kentucky Coffee-tree habitat.

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 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

Kentucky Coffee-tree is listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the ESA as threatened.

The main threat to the survival of Kentucky Coffee-trees is:

• lack of suitable or good quality habitat
• poor seed production

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:

• 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 the species

2121 Cornwall Road Portfolio Inc. is working to identify ways to provide an overall benefit to Kentucky Coffee-trees. These may involve:

• planting 344 Kentucky Coffee-tree seedlings within its native range in Southern Ontario
• monitoring and tending the Kentucky Coffee-tree seedlings for at least five years
• enhancing, monitoring and maintaining habitat within 50 metres of each of the Kentucky Coffee-tree seedlings to support their survival

These actions are expected to achieve an overall benefit to the species by:

• increasing the overall number of Kentucky Coffee-trees planted on the landscape within its native range
• supporting future Kentucky Coffee-tree populations through seed production and species distribution

Reasonable alternatives being considered

2121 Cornwall Road Portfolio Inc. is considering alternatives, including alternatives that would not adversely affect Kentucky Coffee-trees and their habitat. These may include:

• not proceeding with the proposed development
• altering the development footprint and layout to avoid impacts within 20 metres of each Kentucky Coffee-tree
• transplanting each Kentucky Coffee-tree to a new area within the property

2121 Cornwall Road Portfolio Inc. has concluded that maintaining a 20-metre buffer around each Kentucky Coffee-tree and/or transplanting each Kentucky Coffee-tree would prevent it from fully expanding the parking lot. In addition, the survival of transplanted Kentucky Coffee-trees is expected to be low.

2121 Cornwall Road Portfolio Inc. has concluded that the best alternative for carrying out the project is to proceed with the parking lot expansion while achieving an overall benefit to the species as described above.

Actions to minimize negative effects to the species

2121 Cornwall Road Portfolio Inc. is seeking ways to minimize adverse effects on Kentucky Coffee-tree and its habitat. These may include retaining a Qualified Professional to oversee that the proposed permit conditions are properly implemented on the site.

Other information

The Province has published a government response statement under section 12.1 of the ESA with respect to Kentucky Coffee-tree.

The government response statement will be considered before a decision to issue an overall benefit permit.

A copy of the government response statement for Kentucky Coffee-tree is available at: Kentucky Coffee-tree government response statement | ontario.ca.

Posting this proposal on the Environmental Registry 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.

More information on species at risk overall benefit permits.