Metrolinx - Permit for activities that will result in a significant social or economic benefit to Ontario

On June 22, 2022, the Minister of the Environment, Conservation and Parks issued a socio-economic benefit permit to Metrolinx with respect to the following eight species at risk:

• Bank Swallow
• Barn Swallow
• Butternut
• Chimney Swift
• Eastern Small-footed Myotis
• Little Brown Myotis
• Northern Myotis
• Tri-colored Bat

The permit authorizes Metrolinx to engage in activities associated with the construction of the Yonge North Subway Extension that would adversely impact these species.

Protecting species under the Endangered Species Act

Our government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the Endangered Species Act, 2007 (ESA) gives the Minister the discretion to authorize activities if certain conditions can be met.

The Minister of the Environment, Conservation and Parks may issue a socio-economic benefit permit under the ESA authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 if the Minister is of the opinion that:

• the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit
• 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 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 project is expected to:

• result in significant social and economic benefits to Ontarians by reducing emissions from vehicular traffic, encouraging transit-oriented development and improving overall mobility and quality of life for Ontarians in the GTA
• strengthen transit connections with an estimated 94,100 daily riders, shortened travel times between Markham and downtown Toronto and shortened commuting times between York Region and Toronto
• result in a reduction of 7,700 vehicle kilometres travelled in the morning peak hour, and a reduction of 4,800 tonnes of auto-related greenhouse gas emissions yearly

Authorized activity not expected to jeopardize survival or recovery

The permit includes species-specific mitigation schedules that prescribe:

• mitigation measures that must be employed to minimize adverse impacts on the species to which the schedule applies
• actions that must be taken to replace any habitat that is removed

This framework is intended to ensure that:

• impacts are minimized
• there is no net loss of species at risk habitat

Given the requirements outlined in the permit, the residual impacts of the project (i.e., impacts after mitigation is applied) are not expected to jeopardize the survival or recovery of any of the eight species included in the permit.

Reasonable alternatives considered

The project will involve the construction of:

• a below and above ground subway transit line
• stations
• associated infrastructure

It will involve activities such as:

• vegetation disturbance and removal
• site grading
• filling
• excavation
• stockpiling of soil or other materials
• construction of retaining walls, rails and roads

The study area for the project extends approximately eight kilometres north from Finch Station in the City of Toronto to Vaughan, Markham and Richmond Hill.

Approximately six kilometres of the extension is underground, and approximately two kilometres is at surface level.

The proponent has elected to move forward with the majority of the extension being constructed underground. This is expected to significantly reduce impacts to the species.

The permit includes conditions based on alternative means of protecting the species and avoiding adverse effects on the species and their habitat, including requiring:

• the use of exclusion methods to prevent impacts to the species
• the protection of Butternut trees of high conservation value where possible
• restricting specific activities during certain times of the year

Given the general location of the project (i.e., extending north from Finch Station) is not flexible, and given the species-specific mitigation measures included in the permit that require the proponent to avoid adverse impacts to the species where possible, the best alternative that would allow the project to proceed with the project subject to condition outlined in the permit has been adopted.

Actions to minimize negative effects to the species are included in the permit

The permit requires Metrolinx to take actions to minimize negative effects to the species. These include:

• using qualified professionals with expertise in each of the species to carry out the permit
• educating contractors on how to identify the species at risk and what steps to take should the species at risk be encountered within the study areas
• monitoring to determine the effectiveness of these actions
• taking additional steps if the actions are proven to be ineffective

Other information

A government response statement (GRS), which outlines protection and recovery actions the government will take and support, exists for all species included in the permit except for Chimney Swift.

The issued permit conditions align with actions outlined in the GRS for the species.