South Windsor Development Company Ltd. - Permit for activities to achieve an overall benefit to a species

South Windsor Development Company Ltd. has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for impacts to Willowleaf Aster to construct a residential and commercial development.

The proposal may adversely impact:

• Willowleaf Aster individuals
• approximately 0.42 ha of Willowleaf Aster 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

Willowleaf Aster is listed on the Species at Risk in Ontario List as threatened; therefore, it is protected.

Habitat protection under subsection 10(1) of the ESA applies to Willowleaf Aster.

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

South Windsor Development Company Ltd. is working to identify proposed actions that would achieve an overall benefit for Willowleaf Aster. These may involve:

• enhancing meadow habitat to improve conditions for Willowleaf Aster
• creating meadow habitat to increase the amount of habitat
• propagating and planting new individuals to increase population size
• distributing an educational brochure to new home and business owners as well as nearby residents to improve awareness

Reasonable alternatives being considered

South Windsor Development Company Ltd. has explored alternatives, including alternatives that would not adversely affect Willowleaf Aster and their habitat. These include:

• no development
• partial development that would retain the majority of Willowleaf Aster individuals and approximately one third of the habitat
• full development that would retain the majority of Willowleaf Aster individuals but would not retain additional habitat beyond what overlaps with the required buffer along Lennon Drain

South Windsor Development Company Ltd. has concluded that the best alternative is the partial development. This design allows for the proposed residential and commercial development to proceed while protecting:

• all but one individual plant
• a portion of the existing habitat.

Actions to minimize adverse effects on the species

South Windsor Development Company Ltd. is seeking ways to minimize adverse effects on the Willowleaf Aster and its habitat. These may include:

• using exclusion fencing around the individual plant to be salvaged and around the habitat and other populations to be retained
• ensuring that exclusion fencing is maintained in good working order
• salvaging and transplanting the individual plant
• training all personnel on Willowleaf Aster including its identification, biology, habitat and mitigation measures, before construction
• engaging qualified professionals to implement and monitor mitigation measures

Other information

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 with respect to Willowleaf Aster. 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.