Clear Lake Estates Corp. (2555569 Ontario Inc.) - Permit for activities to achieve an overall benefit to a species

Ontario provides protections for species at risk and their habitats under the Endangered Species Act, 2007. Section 9 of the Act protects species that are listed on the Species at Risk in Ontario List as either:

• extirpated
• endangered
• threatened

If a species is endangered or threatened, its habitat also receives protection under section 10 of the Act.

The minister may issue a permit under clause 17(2)(c) of the Endangered Species Act, 2007 that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Act if:

• an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit
• 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 individual members of the species are required by conditions of the permit

Providing an overall benefit to a protected species under the Endangered Species Act, 2007 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
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

Clear Lakes Estates Corp. is working to identify proposed actions that would achieve an overall benefit for Massasauga rattlesnake and Eastern hog-nosed snake. These may include:

• creating a minimum of 3.6 ha of habitat by creating early successional patches of habitat. These open patches may create new potential gestation, thermoregulation, foraging and shedding sites
• monitoring of Massasauga rattlesnake and Eastern hog-nosed snake in the enhancement area. This will inform our understanding of the species and inform how to create habitat in the future.

Reasonable alternatives being considered

Reasonable alternatives are being considered, including alternatives that would not adversely affect Massasauga rattlesnake and Eastern hog-nosed snake. These may include:

• do nothing (e.g., no development)
• construct the interior subdivision access road as planned in original draft subdivision plan; no mitigation or avoidance measures
• construct the interior subdivision access road to avoid sensitive habitat features where feasible

Actions to minimize adverse effects on the species

Potential approaches to minimizing adverse effects on Massasauga rattlesnake and Eastern hog-nosed snake may include:

• delivering species at risk training for all construction staff and contractors
• conducting tree clearing and construction activities outside of active seasons
• clearly delineating work areas and setbacks from natural heritage features prior to construction activities to ensure areas are maintained
• installing temporary exclusion fencing around the construction area and stockpiles to prevent the species from entering the site while activities are occurring that may adversely affect individuals of the species
• inspecting work areas and equipment daily prior to commencing work to ensure no species are present and in harm’s way
• where culverts are required consider sizing sufficiently for reptile passage (where appropriate)
• installing permanent reptile exclusion fencing where appropriate
• requiring appropriate erosion and sediment controls during construction
• continuing species and habitat specific investigations during the active season (April 15 – November 1) for each year that construction is ongoing
• completing daily active season monitoring to monitor movements near and crossing the road for the first year of subdivision build out with the goal of increasing awareness
• providing educational packages for buyers of proposed lots to ensure long-term awareness and compliance with the ESA and its regulations
• establishing a local ‘Stewardship Approach’ for land ownership and development; with intent of educating prospective lot purchasers of the unique landscape and their role in coexisting with species at risk
• creating and making available constraint mapping documents for development for both Salmon and Clear Lake, with constraints identified for sensitive Massasauga and Eastern hog-nose snake habitat
• working with planning authorities, regarding sensitive habitat on the development properties with the purpose of establishing areas where no development will be allowed through the subdivision agreements and specific site plan control imposed by the planning authorities at the lot level
• developing and implementing traffic calming measures along the proposed road to minimize impacts to species at risk snakes

Other information

A government response statement has been published under subsection 11(8) of the ESA for Massasauga rattlesnake and Eastern hog-nosed snake and will be considered before a decision is made on whether to issue an overall benefit permit.

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 Endangered Species Act, 2007 have been satisfied.