Dalron Construction Limited - Permit for activities to achieve an overall benefit to a species

Rationale for exemption to public comment

This proposal is exempted by Ontario Regulation 681/94 under the Environmental Bill of Rights as a classified proposal for an instrument, because the:

• species for which the permit is sought is an animal

The Ministry of Natural Resources and Forestry (MNRF) is voluntarily posting this notice to advise the public of the proposal and to invite the public to submit written comments on this proposal to the contact person identified in this notice.

Description

Dalron Construction Limited has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) with respect to Blanding’s Turtle in order to construct a small-scale commercial development in Part Lot 3, Concession 6 in the Geographic Township of Broder, City of Greater Sudbury.

Purpose of the Notice

The purpose of this notice is to ensure that the public is made aware of, and given an opportunity to comment on, the overall benefit permit proposal for constructing a small-scale commercial development in Part Lot 3, Concession 6 in the Geographic Township of Broder, City of Greater Sudbury. The proposed permit would be issued under clause 17(2)(c) of the ESA.

Decision

This notice will be updated when more information is available.

Other information

The proposal to construct a small-scale commercial development has the potential to adversely affect Blanding’s Turtle and their habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Blanding’s Turtle.

Blanding’s Turtle is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA, as threatened.

Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.

Habitat protection under the ESA applies to Blanding’s Turtle (subsection 10(1)).

The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that:

(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit;

(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,

(iii) reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.

Dalron Construction Limited is proposing to develop the majority of a 2.5 hectare lot with confirmed Blanding’s Turtle habitat on-site. Dalron Construction Limited is seeking an overall benefit permit under clause 17(2)(c) of the ESA to damage/destroy 0.4 hectares of Blanding’s Turtle habitat for the purpose of developing the site to construct a small-scale commercial development and associate parking lot.

Reasonable alternatives are being considered, including ones that would not adversely affect the species, and may include:

• not conducting the activity at all
• conducting the activity in an alternative location
• adjusting project boundaries
• adjusting timelines to avoid species specific sensitivities (e.g., active periods for the species)

Potential approaches to minimize adverse effects on individual members of Blanding’s Turtle may include:

• clearly delineating wetland boundaries to avoid unnecessary encroachment on habitat
• use of timing restrictions to avoid active periods for the species
• use of exclusion measures to prevent the species from accessing the project site
• monitoring to assess the impact of activities and the effectiveness of mitigation measures employed

Potential approaches to achieve an overall benefit for Blanding’s Turtle may include:

• installing permanent fencing at an identified high risk area for turtle road mortality to facilitate movement of turtles through box culverts as opposed to over roads
• creating artificial nesting habitat
• monitoring to evaluate the effectiveness of overall benefit activities

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.

The following web-links provide additional information:

MNRF’s Species at Risk website
https://www.ontario.ca/page/species-risk

Endangered Species Act, 2007
https://www.ontario.ca/laws/statute/07e06

Species at Risk in Ontario (SARO) List, Ontario Regulation 230/08
https://www.ontario.ca/laws/regulation/080230

General regulations and species-specific habitat regulations under the ESA, Ontario Regulation 242/08
https://www.ontario.ca/laws/regulation/080242