11034936 Canada Inc. - Permit for activities to achieve an overall benefit to a species

11034936 Canada Inc. is seeking an overall benefit permit under clause 17 (2)(c) of the Endangered Species Act, 2007. The proposal is for residential development in Ottawa.

The proposal may adversely impact:

• Blanding’s Turtle
• approximately 1.3 hectares of Category 2 Blanding’s Turtle habitat
• approximately 16.1 hectares of Category 3 Blanding’s Turtle habitat

The main threats to Blanding’s Turtle are:

• loss or fragmentation of habitat
• motor vehicles
• raccoons and foxes that prey on eggs

Blanding’s Turtle are generally threatened by habitat loss and degradation caused by urban and agricultural development.

A general habitat description provides a framework for identifying areas of habitat that may be able to tolerate alterations, based on how Blanding’s Turtles use the area to carry out their life functions. For Blanding’s Turtles:

• Category 1 Habitat is considered to have a low tolerance to alteration, and includes habitat features used nesting and overwintering sites
• Category 2 Habitat is considered to have a moderate tolerance to alteration and includes wetland complexes
• Category 3 Habitat is considered to have a high tolerance to alteration and include movement corridors around the wetland complexes

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.

Ontario provides protections for species at risk and their habitats under the Endangered Species Act (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

Blanding’s Turtle is listed as threatened, therefore, it is protected.

Under clause 17(2)(c) of the ESA, the Minister of the Environment, Conservation and Parks 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 involves 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 the species

11034936 Canada Inc. is working to identify actions that would achieve an overall benefit for Blanding’s Turtle, which may involve:

• installing habitat and restoration features (Category 1 and 2 habitat creation) with the 40 m wide North Branch watercourse corridor, including:
  • 0.08 hectares of Category 1 habitat which includes one deep pool
  • 0.02 hectares of Category 2 habitat which includes two shallow pans and hard substrate features
• installing 693 metres of permanent offsite fencing along a portion of March Valley Road (i.e. expanding fencing system in area) to reduce the risks of Blanding’s Turtle road mortality
• monitoring the effectiveness of the actions taken

These proposed actions are expected to achieve overall benefits for Blanding’s Turtle, resulting in creating and enhancing habitat and reducing threats (road injury and mortality).

Reasonable alternatives being considered

11034936 Canada Inc. has explored a range of alternatives, including alternatives that would not adversely affect Blanding’s Turtle and habitat. These include:

• not proceeding with the development
• proceeding with site development, including a 40 m wide corridor of retained habitat surrounding the tributaries of Shirley’s Brook and installing a wildlife passage culvert
• proceeding with site development and expanding the proposed 40 m wide corridors of retained habitat to 60 m wide corridors surrounding the tributaries of Shirley’s Brook

11034936 Canada Inc. has concluded that the best alternative involves proceeding with site development and employing a 40 m wide corridor of retained habitat surrounding the tributaries of Shirley’s Brook. This preferred alternative strikes a balance between meeting the servicing and development needs of the subdivision, while preserving and enhancing key habitat features and function for Blanding’s Turtle.

Actions to minimize negative effects to the species

11034936 Canada Inc. is seeking ways to minimize adverse effects on Blanding’s Turtle and its habitat. These may include:

• creating a suitable wildlife passage culvert that will allow the species to pass beneath the new road
• conducting contractor awareness training before starting work on the site
• installing exclusion fencing to prevent turtles from accessing the development site
• converting temporary fencing to permanent exclusion fencing as each phase of the development is completed
• conducting initial vegetation removal outside of the active season for Blanding’s Turtle (e.g. between October 15 and April 15)
• operating vehicles and equipment at speeds at which drivers are able to stop safely and avoid hitting turtles
• adhering to a clean equipment protocol to prevent fuel and other harmful substances from entering wetlands and watercourses
• developing and adhering to a spill response plan
• adhering to a species at risk encounter protocol
• using a Qualified Professional to oversee and undertake important aspects of the project (e.g. during dewatering operations, turtle relocations)
• undertaking in-water work during the inactive (overwintering) season for Blanding’s Turtle
• providing homeowner awareness and education packages to educate homeowners on the presence of the species
• monitoring mitigation measures to ensure they are effective

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 with respect to Blanding’s Turtle.

A copy of the government response statement for Blanding's Turtle is available at: https://www.ontario.ca/page/blandings-turtle-government-response-statement.

The government 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 ESA have been satisfied.