Ontario Power Generation Inc. - Permit for activities that will result in a significant social or economic benefit to Ontario

Ontario Power Generation Inc. (OPG) is seeking a social or economic benefit permit under clause 17(2)(d) of the Endangered Species Act, 2007 (ESA) for impacts to four species at risk bats and Bank Swallow for the main site preparation activities (Phase 1) of a new nuclear generating station in the Town of Bowmanville, Ontario. This project is referred to as the Darlington New Nuclear Project. The project may adversely impact:

• Species at Risk Bats (SAR Bats):
  1. Little Brown Myotis
  2. Northern Myotis
  3. Eastern Small-footed Myotis
  4. Tri-coloured Bat
• approximately 5.61 hectares of SAR Bat habitat
• Bank Swallow individuals
• approximately 1.6 hectares of Bank Swallow foraging 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 Endangered Species Act, 2007 (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

All four bat species are listed on the Species at Risk in Ontario List as endangered; therefore, they and their habitat are protected.

Bank Swallow is listed on the Species at Risk in Ontario List as threatened; therefore, it and its habitat are protected.

Under clause 17(2)(d) 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:

• the activity authorized by the permit will result in a significant social or economic benefit to Ontario
• the activity authorized by the permit will not jeopardize the survival or recovery of the species in Ontario
• reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative that would allow the projects to continue has been adopted
• reasonable steps to minimize adverse effects on the species are required by conditions of the permit

Significant social or economic benefit to Ontario

The activities proposed to be authorized by Phase 1, Main Site Preparation of the Darlington New Nuclear Project will contribute to significant social and economic benefits to Ontario that are expected to result from the Darlington New Nuclear Project as a whole (i.e. Phases 1 and 2). These include:

• creating Canada’s first grid-scale small modular reactor (SMR), which would highlight Ontario as the lead of this new, growing technology and support the future use of this technology throughout Canada and internationally
• SMRs have the potential to drive job creation, economic growth and export opportunities and would allow Ontario to leverage its highly skilled nuclear industry and workforce to be a potential supplier of products, services, and expertise in the global SMR market
• procuring 4,000 Mega Watts (MW) of new electricity generation and storage resources, which includes the largest procurement of clean energy storage in Canada’s history
• addressing future shortage of low emission generating capacity due to the upcoming retirement of OPG’s Pickering Nuclear Generating Station and lowering Ontario’s electricity emissions
• creating approximately 684 jobs per year in Ontario
• creating approximately 1,604 jobs per year for manufacturing and construction related to the proposed project

Reasonable alternatives being considered

OPG has explored alternatives, including alternatives that would not adversely affect SAR Bats, Bank Swallow or their respective habitats. These include:

• Alternative 1 – maximum site development layout of the entire Darlington New Nuclear Project lands including removal of lakeshore bluff which provides habitat for nesting Bank Swallows
• Alternative 2 – partial development layout option 1 which avoids removal of lakeshore bluff and Bank Swallow nesting habitat
• Alternative 3 – partial development layout option 2 which avoids removal of lakeshore bluff and Bank Swallow nesting habitat, but includes less habitat impacts to SAR Bats compared to Alternative 2
• Alternative 4 – no development

OPG has proposed that the best alternative is Alternative 3 as it balances the needs of the project in an optimized layout that avoids removing some species at risk habitats.

Actions to minimize adverse effects on the species

The permit would include conditions requiring that steps be taken to minimize adverse effects on SAR Bats, Bank Swallow, and their habitats. These may include:

• providing awareness training to all site workers about SAR Bats and Bank Swallow
• ensuring vegetation removal is conducted outside of the SAR Bat and Bank Swallow active season (April 1 to September 30) so it occurs during a time of year when the species are less sensitive to disturbance
• installing erosion sediment control fencing
• creating and implementing an Environmental Management Plan that includes measures to minimize dust and construction lighting, and ensuring spill prevention and contingency plans will be in place
• monitoring mitigation measures to ensure they are effective

Actions to protect and recover the species

The permit would also include conditions requiring that beneficial actions be taken to support the protection and recovery of SAR Bats and Bank Swallow in Ontario. These may involve:

• creating 1.99 hectares of meadow habitat providing foraging habitat for Bank Swallow and SAR Bats
• creating three hectares of treed habitat providing roosting and foraging habitat for SAR Bats
• installing 20 bat boxes within the proposed treed habitat creation area, providing roosting habitat for Little Brown Myotis
• developing and installing four interpretive or educational signs at publicly accessible trails within the habitat creation and enhancement areas, that will provide information on Bank Swallow and SAR Bats
• monitoring the effectiveness of the meadow habitat for a period of five years
• monitoring the effectiveness of the treed habitat creation and bat boxes for a period of ten years

Other information

The Province has published government response statements under subsection 12.1 of the Endangered Species Act, 2007 (ESA) with respect to SAR Bats and Bank Swallow. These response statements will be considered as part of the permit decision-making process.

Posting this proposal on the Environmental Registry of Ontario does not imply that the Minister will issue a permit. A permit may only be issued where the legal requirements set out in section 17 of the ESA have been satisfied.