2434233 Ontario Ltd. - Amendment to a permit issued under the Endangered Species Act

2434233 Ontario Ltd. has submitted an application for an amendment to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 for impacts to Willowleaf Aster, Butler’s Gartersnake, and Eastern Foxsnake to construct a residential development.

The proposal may adversely impact:

• Willowleaf Aster individuals
• Approximately 0.71 hectares of Willowleaf Aster habitat
• Butler’s Gartersnake individuals
• Approximately 0.71 hectares of Butler’s Gartersnake habitat
• Eastern Foxsnake (Carolinian population) individuals
• Approximately 0.71 hectares of Eastern Foxsnake (Carolinian population) 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 Endangered Species Act, 2007 (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

Willowleaf Aster is listed on the Species at Risk in Ontario List as threatened; therefore, it is protected. Habitat protection under subsection 10(1) of the ESA applies to Willowleaf Aster.

Butler’s Gartersnake is listed on the Species at Risk in Ontario List as endangered; therefore, it is protected. Habitat protection under subsection 10(1) of the ESA applies to Butler’s Gartersnake.

Eastern Foxsnake (Carolinian population) is listed on the Species at Risk in Ontario List as endangered; therefore, it is protected. Habitat protection under subsection 10(1) of the ESA applies to Eastern Foxsnake (Carolinian population).

Under clause 17(2)(c) 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:

• 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 the species are required by conditions of the permit.

Providing an overall benefit to a protected species under the ESA 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.
• more than mitigation measures or "replacing" what is lost.

Actions to achieve an overall benefit to species

The permit requires 2434233 Ontario Ltd. to achieve an overall benefit for the species within a reasonable timeframe, including:

• protecting 1.31 hectares of existing habitat (i.e. the Alexandra Avenue overall benefit site) from future development
• rehabilitating and enhancing 0.72 hectares within the 1.31 hectare parcel by:
  • managing invasive species.
  • providing more open habitat in which Willowleaf Aster can thrive.
  • providing microhabitat features that support key life processes such as thermoregulation, reproduction and foraging for Eastern Foxsnake and Butler’s Gartersnake.
• distributing education materials to homeowners in the proposed development area regarding the protection and recovery of these species.

Proposed additional approaches to achieve an overall benefit for the species may include:

• development and distribution of additional public awareness and education materials to nearby residential homeowners and businesses, and installation of a wildlife educational sign on the development site.
• planting and tending to additional Willowleaf Aster seedlings or cuttings in the habitat enhancement area.
• funding or undertaking a Ministry approved research project related to Butler’s Gartersnake.

Reasonable alternatives being considered

2434233 Ontario Ltd. has explored alternatives, including alternatives that would not adversely affect Willowleaf Aster and their habitat. These include:

• not developing the residential development
• seeking an alternate location for the development

2434233 Ontario Ltd. has concluded that the best alternative is development of the originally proposed site.

Actions to minimize adverse effects on the species

The permit requires 2434233 Ontario Ltd. to:

• capture Butler’s Gartersnake and Eastern Foxsnake at the site before vegetation removal commences and relocate them to the habitat enhancement area or a safe location outside of the development site.
• install exclusion fencing to prevent Eastern Foxsnake and Butler’s Gartersnake from entering the development area.
• provide homeowner education packages to educate homeowners of the developed residential units on the presence of the species and what to do if they observe one.
• provide training to all site workers about the species and what to do if one is encountered.
• monitor mitigation measures to ensure their effectiveness.

Proposed additional approaches to minimize adverse effects on the species may include:

• undertaking a targeted salvage for Willowleaf Aster individuals on the Site and relocating them to a habitat enhancement area.
• continued monitoring and maintenance of the relocated Willowleaf Aster for five years.
• updating the relocation area for captured Butler’s Gartersnake and Eastern Foxsnake to a new relocation area outside of the development site where appropriate environmental conditions exist.

Other information

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 with respect to Willowleaf Aster. Consideration was given to the GRS and permit conditions align with the objectives outlined in the GRS, including:

• improving habitat and reducing threats
• increasing awareness and stewardship.

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 with respect to Eastern Foxsnake. Permit conditions align with the objectives outlined in the GRS, including:

• identifying and protecting existing habitat
• enhancing and restoring habitat
• promoting stewardship.

The Province has published a government response statement under subsection 12.1 of the Endangered Species Act, 2007 with respect to Butler’s Gartersnake. Permit conditions align with the objectives outlined in the GRS, including:

• identifying and protecting existing habitat
• enhancing and restoring habitat
• promoting stewardship.

Posting this proposal on the Environmental Registry of Ontario does not imply that the Minister will issue an amendment to the permit. An amendment may only be issued where the legal requirements set out in sub-clause 17(7)(a)(i) and clause 17(2)(c) of the Act have been satisfied.