Halton Region - Permit for activities to achieve an overall benefit to a species

The Regional Municipality of Halton has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for impacts to Redside Dace so they can carry out improvements to Dundas Street in the Town of Oakville, Ontario.

The proposal may adversely impact

• Redside Dace 
• approximately 14,068 m² of Redside Dace 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 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 list as either:

• extirpated
• endangered
• threatened

Redside Dace is listed on the Species at Risk in Ontario List as endangered; therefore, it is protected.

Habitat protection under subsection 10(1) of the ESA applies to Redside Dace. Ontario Regulation 242/08 prescribes the specific habitat of Redside Dace.

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 Regional Municipality of Halton is working to identify proposed actions that would achieve an overall benefit for Redside Dace. These may involve:

• improvements to drainage system of Fourteen Mile Creek through the installation of a storm water management system
• Removal of Culvert 22 and re-instating a natural channel including spanning the creek with a 20 m wide spanning bridge to create 852 m² of improved habitat that is currently lined concrete channel and enclosed culvert
• enhance 10,542 m² of riparian vegetation within valley of Fourteen Mile Creek 1 km downstream of culvert 23

Reasonable alternatives being considered

The Regional Municipality of Halton has explored alternatives, including alternatives that would not adversely affect Redside Dace and their habitat. These include:

• Alternative 1: Do nothing, no adverse effects on Redside Dace or it's habitat would occur in the Study Area. however, improvement to the road network would be required elsewhere, resulting in potential adverse effects in other locations.
• Alternative 2: Extend the existing 3.5 m concrete arch culvert at culvert 22 with a culvert of similar size and shape. This will require in-water work, however, will not improve fish passage and will result in permanently damaging Redside Dace habitat. Replace the existing culvert at culvert 23 with longer and wider culvert. This will require in water work and will result in permanently damaging Redside Dace habitat
• Alternative 3: Replace the existing 3.5 m wide concrete arch culvert with 20 m spanning structure at culvert 22. The new spanning bridge will allow for the construction of a meandering channel. Extend existing culvert at culvert 23 by 11.2 m including shelf for amphibian passage.

The Regional Municipality of Halton has concluded that the best alternative is alternative 3 as this will provide several benefits to fish habitat as follows:

• will improve Fish Passage, eliminate perch condition at the downstream end of the existing culvert and improve hydraulic conditions (i.e., lower velocities during peak flow conditions)
• the channel realignment will result in removal of existing concrete-lined section of channel immediately north (upstream) of culvert

• the new spanning bridge allows construction of 852 m2 of natural channel

Actions to minimize adverse effects on the species

The Regional Municipality of Halton is seeking ways to minimize adverse effects on the Redside Dace and its habitat. These may include:

• ensuring no vegetation removal within regulated habitat between April 1 – August 31 of any year
• undertaking in-water works during in-water timing window for Redside Dace (July 1 to September 15)
• developing and implementing an Environmental Protection / Erosion and Sediment Control (EP/ESC) Plan including measures for vehicle maintenance and spills response
• restoring all disturbed areas immediately once the work is complete
• ensuring that work is to be contained within the delineated areas by marking limits of work areas before work starts
• isolating all in-water work and conducting work ‘in the dry’
• scheduling the installation and removal of isolation measures during low water to reduce any need for fish removal
• implementing a fish relocation plan, as required
• ensuring that construction staging maintains flow and fish passage during construction of bridge and removal of existing culvert

Other information

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 with respect to Redside Dace. The response statement will be considered before a decision 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 Act have been satisfied.